Orders
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. Jones & Berkley reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with Jones & Berkley only comes into existence when it forwards confirmation of receipt of your order and payment.
Prices
All prices on this website are listed in Australian Dollars ($AUD).
Prices of products, services, delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
Goods and Services ("GST") and Other Taxes
Prices displayed on this website are inclusive of GST applied at the rate of 10%. If the delivery address is outside Australia, the GST component of each price will be deducted after we receive your order. We will send an email confirming the order amount after deduction of the GST component. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.
Shipping
Please read the Shipping Information contained in the website. The shipping times are indicative only and Jones & Berkley will not be liable for any failure to observe these shipping times.
Risk and Title
Jones & Berkley will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.
Returns & Refunds
The circumstance in which Jones & Berkley is obliged to make a Refund is detailed in its Returns and Refunds Policy.
Limitation of liability
Jones & Berkley will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Jones & Berkley has been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Jones & Berkley for any breach of such term, condition or warranty shall be limited, at the option of Jones & Berkley , to any one or more of the following:
1. If the breach relates to goods:
a. the replacement of the goods or supply of equivalent goods;
b. the repair of such goods;
c. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d. the payment of the cost of having the goods repaired; and
2. If the breach relates to services;
a. the supplying of the services again; or
b. the payment of the cost of having the services again.
In General
In these Terms of Service, “we”, “us”, “our”, “J&B” or “Jones & Berkley” means jonesandberkley.com and jonesandberkley.com.au
Access to and use of this Website and the goods and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website also contains links to other websites, which are not operated by Jones & Berkley (the "Linked Sites"). Jones & Berkley 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 them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your personal information, can be found at Privacy Policy. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Jones & Berkley will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We 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 website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Jones & Berkley or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Jones & Berkley and its licensors. 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. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Jones & Berkley or its licensors.
Registration
Where you register for any area of this Website, the following terms and conditions apply. You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you. Jones & Berkley reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way. If you use multiple accounts for the purpose of disrupting the Jones & Berkley Blogs you may have action taken against all of your accounts. If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your Jones & Berkley account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer. Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Jones & Berkley account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Jones & Berkley account(s).
Jones & Berkley Blogs
The following terms and conditions apply to your use of the Jones & Berkley Blogs.
Submission of Material
You own all of the content and information you post on Jones & Berkley’s Facebook Page or at any Blog section of the Website, and you can control how it is shared through your privacy settings In addition: For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Jones & Berkley (IP License). This includes for example and without limitation the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In certain circumstances Jones & Berkley may also share your contribution with trusted third parties. This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. You also acknowledge that Jones & Berkley is not obliged to publish any material submitted by you on any Jones & Berkley publication. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. When you publish content or information using the "Public" setting, it means that you are allowing everyone, including other Website users, to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified). We always appreciate your feedback or other suggestions about Jones & Berkley, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). By submitting any material to us, you agree to use the Jones & Berkley Blogs areas in accordance with these Terms and Conditions. If you do not want to grant Jones & Berkley the permission set out above on these terms, please do not submit or share your contribution on the Jones & Berkley Blogs areas.
Terms of Sale
By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see Shipping Policy for further information. In order to contract with Jones & Berkley you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Jones & Berkley retains the right to refuse any order made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes.
Our Contract
When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Payment
Your credit card payments are processed securely and via Securepay payment gateway in conjunction with CBA Bank. When proceeding to the checkout screen your transaction details are protected under 128 bit SSL encryption for transfer to the payment gateway. Customer credit card details are not stored by the website only passed to the bank for processing.
Discount Codes
Account discount codes – discount codes may from time to time be offered to account holders, such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
Promotional discount codes – we may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website.
Any further conditions of use relating to any discount code will be specified at the time of issue.
Gift Vouchers
Gift Vouchers are only valid for a limited time and the Voucher must be used by the date shown on the Voucher – check your Voucher to find out when to use it by.
1. We’re afraid we can’t accept any responsibility for stolen or deleted Gift Vouchers.
2. We’ll dispatch your Gift Voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused.
3. If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a Gift Voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can’t take responsibility for any Gift Vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their Gift Voucher, as it is their responsibility to keep the voucher details safe.
4. From time to time, Gift Vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a Gift Voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
5. If you need a refund, this will be made in the same way as the original payment method (such as onto a Gift Voucher, debit/credit card account, or a combination of the two).
Disclaimer of Liability
Please refer to Disclaimer section of our Website.
Linking to this Website
The website contains links to websites not maintained, controlled or associated with Jones & Berkley and it does not make any endorsement, or any representation as to the accuracy, of information contained on those websites. Jones & Berkley will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Web Sites.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our 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 our 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. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with Jones & Berkley and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Jones & Berkley.
Indemnity
You agree to indemnify, defend and hold harmless Jones & Berkley, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.
Variation
Jones & Berkley shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Jones & Berkley.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Jones & Berkley.