WEBSITE TERMS OF USE
Emerson Jane Pty Ltd ABN 86 690 099 551 (Website Owner) owns and operates this website www.emersonjane.com.au (Website).
The following Website terms of use (Terms of Use) govern your access to and use of this Website and the products and services available through this Website (Goods and Services).
By using this Website and any related Goods and Services, you are agreeing to all of the Terms of Use, current at the time of your use of the Website.
1. Amendments to the Website Terms of Use
1.1 The Website Owner may amend these Terms from time to time where reasonably necessary to:
(a) reflect changes in applicable laws or regulatory requirements;
(b) implement technical, operational or security improvements; or
(c) reflect changes to the Website, Goods or Services.
1.2 The Website Owner will take reasonable steps to notify you of any material amendments by publishing the updated Terms on the Website and, where appropriate, by providing additional notice (for example, by email or a notice on the Website).
1.3 Any amendments will take effect from the date they are published on the Website, unless a later date is specified.
1.4 If you do not agree to any material amendment, you must cease using the Website and any Goods or Services.
1.5 Amendments will not apply retrospectively to your detriment in respect of transactions already completed.
2. Website
Access to the Website is permitted on a temporary and limited basis for the purpose of browsing the Website and interacting with the Website Owner. The Website Owner reserves the right to withdraw or amend the Website and any good or Services listed on the Website without notice. To the fullest extent permitted by law, the Website Operator will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, the Website Operator may restrict access to some parts or all of this Website.
3. Terms and Conditions of Supply
3.1 Where you purchase any Goods or Services through the Website, those purchases are also governed by the Website Owner’s Terms and Conditions of Supply, accessible on the Website (Terms and Conditions of Supply).
3.2 The Terms and Conditions of Supply apply in addition to these Terms. To the extent of any inconsistency, the Terms and Conditions of Supply will prevail in relation to the purchase of Goods and Services.
3.3 By placing an order for Goods or Services, you agree to be bound by the Terms and Conditions of Supply.
4. Linked Sites
This Website may contain links to other websites (Linked Sites), which are not operated by website owner. The Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such Linked sites, if any.
5. Privacy
5.1 The Website Owner collects, uses, discloses and stores personal information in accordance with its Privacy Policy, available on the Website (Privacy Policy).
5.2 By accessing or using the Website or any Goods and Services, you acknowledge that you have read and understood the Privacy Policy.
5.3 The Privacy Policy forms part of these Terms.
6. Prohibitions
6.1 Access to the Website is provided to you on the basis that you must not misuse this Website. Accordingly, you will not do any of the following:
(a) commit or encourage a criminal offence;
(b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) hack into any aspect of the Website; corrupt data; cause annoyance to other users;
(d) maliciously interrupt the purchase of Goods and Services from the Website;
(e) infringe upon the rights of any other person's proprietary rights;
(f) send any unsolicited advertising or promotional material (spam); or
(g) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
6.2 You acknowledge that breaching this prohibitions clause would constitute a criminal offence and, if breached, the Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
6.3 The Website Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
7. Intellectual property, software and content
The intellectual property rights in all software, the Goods and Services and Website content (including photographic images) made available to you on or through this Website remain the property of the Website Owner or its licensors and are protected by copyright laws and treaties around the world. The Website Owner and its licensor (where appropriate) reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
8. Limitation of liability
8.1 Nothing in these Terms excludes, restricts or modifies any rights or remedies which you may have under the Australian Consumer Law (ACL) or any other applicable law which cannot be excluded, restricted or modified.
8.2 To the maximum extent permitted by law, and subject to clause 8.1:
(a) all terms, conditions, warranties and guarantees which might otherwise be implied by statute, common law or equity are excluded; and
(b) the Website Owner will not be liable for any loss of profit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of data, or any indirect or consequential loss arising out of or in connection with your use of, or inability to use, the Website or any Goods and Services.
8.3 Where Goods or Services are supplied to you as a consumer within the meaning of the ACL, and the ACL permits the Website Owner to limit its liability for a failure to comply with a consumer guarantee, the Website Owner’s liability is limited, at its option:
(a) in the case of Goods, to one or more of the following:
(i) the replacement of the Goods or the supply of equivalent goods;
(ii) the repair of the Goods;
(iii) the payment of the cost of replacing the Goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the Goods repaired; and
(b) in the case of Services, to either:
(i) the re-supply of the Services; or
(ii) the payment of the cost of having the Services supplied again.
8.4 To the extent permitted by law, the Website Owner’s total aggregate liability arising out of or in connection with these Terms or the use of the Website, Goods or Services is limited to the greater of:
(a) the amount paid by you (if any) for the relevant Goods or Services; or
(b) AUD $100.
8.5 This clause does not apply to liability arising from:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability which cannot be excluded or limited under applicable law.
8.6 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
9. Linking to this Website
You may link to the home page to the Website, provided you do so in a way that is fair and legal and does not damage the Website Operator’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Website Operator’s part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. The Website Operator reserves the right to withdraw linking permission without notice.
10. Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.
11. Indemnity
11.1 You agree to indemnify the Website Owner and its officers, employees and agents against any loss, damage, liability or expense (including reasonable legal costs) suffered or incurred arising out of or in connection with:
(a) your breach of these Terms;
(b) your misuse of the Website; or
(c) your breach of any applicable law or the rights of a third party.
11.2 Your liability under this clause 11 will be reduced to the extent that any loss, damage or liability is caused or contributed to by the gross negligence, wilful misconduct or unlawful act or omission of the Website Owner.
12. Changes to the Website and Goods or Services
12.1 The Website Owner may from time to time update, modify, suspend or discontinue any part of the Website or any Goods or Services, including where reasonably necessary to:
(a) maintain, improve or update functionality;
(b) address security or technical issues; or
(c) reflect changes in business operations.
12.2 Changes under this clause will not affect any orders for Goods or Services that have already been accepted, unless required by law.
13. Governing law and jurisdiction
These Terms are governed by the laws of Queensland, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts of appeal from them.
14. Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which the Website Operator excludes its liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.
15. Complaints
The Website Operator operates a complaint handling procedure which the Website Operator will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. You can contact us via the contact details available on the Website.