Online Terms and Conditions of Use
1. About Our Site
www.jamesst.com.au site (“our Site”) is operated and published by James Street Initiative Pty Ltd ACN 164 358 463 (“JSI”). Any reference in these terms and conditions to “we” or “us” is a reference to JSI.
Our Site is an online venue that allows users to undertake a number of activities including signing up to be members, viewing centre and retailer information and clicking through to websites of individual retailers participating in our Site (“participating retailers”).
Your use of our Site is conditional upon your acceptance and compliance with these Terms & Conditions. You should read these Terms & Conditions carefully. By using our Site, you agree to be bound by, and comply with, these Terms & Conditions. You must not access, browse or otherwise use our Site unless you agree to be bound by these Terms & Conditions.
We reserve the right to amend our Site and these Terms & Conditions at any time and from time to time without notice to you. Your continued use of our Site after any amendment to the Terms & Conditions constitutes an agreement by you to abide and be bound by these Terms & Conditions as so amended. If you breach these Terms & Conditions, your right to use our Site will cease immediately and we may refuse you access to our Site at our discretion.
3. Accessing Our Site
Access to our Site is not provided on a continuous, uninterrupted or permanent basis. Not all sections of our Site may be able to be accessed by all users of it. We reserve the right to withdraw or amend the service of our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Site, or the entirety of our Site, to users who have registered with us. If you register, you may be required to provide us with information about yourself, which must be true, accurate, current and complete in all respects. We may change registration requirements from time to time at our discretion.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time without notice, if in our sole opinion you have failed to comply with any of the provisions of these Terms & Conditions.
4. Prices and Taxes
All prices displayed on our Site are in Australian dollars ($) and are inclusive of GST if applicable.
Our Site is designed for use by Australian residents. Any purchases made on our Site, including Gift Card services, are limited to Australian residents only.
7. Copyright and Intellectual Property Rights
We are the copyright owner of the content of our Site or are licensed by the copyright owner to use the content on our Site. Except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:
- copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on Our Site;
- perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by any storage and information retrieval system) any of the information or material on our Site without our specific prior written consent;
- alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from our Site or which can be accessed through our Site; or
- use or apply, for commercial purposes any material or information on our Site, without our prior written consent.
All trademarks, brands and names appearing on our Site are the property of their respective owners. Nothing contained on our Site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information. No trademarks, brands or names, including as part of domain names or email addresses, may be used by you in any manner that is likely to cause confusion or misrepresentation.
8. Links and Third-Party Statements on Our Site
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. To the extent any permission has been granted to link to our Site, we reserve the right to withdraw linking permission without notice.
Our Site provides links to other websites not maintained or controlled by, or associated with, us, including those of Participating Retailers. We provide no endorsements, representations or warranties about any other website which you may access through our Site, including those of Participating Retailers (“Other Website”). When you access an Other Website, that Other Website is independent from our Site, and we have no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of our Site. Other Websites are not under our control and we are not responsible for the accuracy of any information on any Other Website. We do not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from our Site are free from viruses, worms, Trojan horses and other material of a destructive nature.
While we take appropriate technical and organisational measures to safeguard the personal data that you provide to us, no transmission over the internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the Internet to us or our payment gateway.
If you are using a computer or terminal in a public location, we recommend for your own security that you always log out and close the website browser when you complete an online session. In addition we recommend that you take the following security measures to enhance your online safety:
- Keep your account passwords private. Remember, anybody who knows your password may access your account.
- When creating a password, use at least 6 characters. A combination of letters and numbers is best. Do not use dictionary words, your name, email address, or other personal data that can be easily obtained. We also recommend that you frequently change your password. You can do this by going to ‘My Account’ and clicking ‘Change Password’.
- Avoid using the same password for multiple online accounts.
We will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from jamesst.com.au asking you to do so, please ignore it and do not respond.
The Australian Government has published additional information about protecting yourself in online transactions. This is available at http://www.staysmartonline.gov.au/ (this website is not provided by us).
10. Viruses, Hacking and Other Offences
You must not misuse our Site by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
If we become aware that you have breached any law in connection with your use or access of our Site, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We do not represent that any information (including any file) obtained from or through our Site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. We will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic) however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information or due to your use of our Site or any website linked to our Site. To the extent that any liability may be imposed on us, to the extent permitted by law it shall be limited to the cost of re-supplying that information.
We update our Site as often as is practicable, but information can change rapidly and no member of JSI guarantees its accuracy at any time.
Our Site has been prepared under Australian law. Nothing in it constitutes an offer of securities, an invitation to subscribe for securities, an offer to enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amounts to a solicitation for any business.
While the material contained on our Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we, any of our related entities, and any of our or our related entities’ directors, officers and employees accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on our Site. Any reference to products or services on our Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by us.
Subject to any non-excludable provisions in the Competition and Consumer Act 2010 and similar State or Territory legislation in Australia:
- We expressly disclaim any implied or express warranties or conditions of any kind, including non-infringement of intellectual property rights relating to information or materials accessible from or on our Site; and
- We will not be liable to you or any other person for any damage resulting from use of or reliance on the materials or information on our Site or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if we are expressly advised of the likelihood of such loss or damage.
To the extent (if any) that the content of our Site does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use our Site.
You should not send any information or material that you consider to be confidential or proprietary to us or any other person through our Site. Any information or material sent to us at, or through our Site, is deemed to be not confidential. You are deemed to grant to us an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through our Site.
- for the purpose of and incidental to your use of our Site, including facilitating the completion of orders through our Site and other uses and disclosures we required to operate our Site;
- for the purposes of providing you with news and information about our events, activities and promotions, both in relation to the James Street precinct and as part of our other activities; and
- for other purposes to which you, either expressly or impliedly, consent to,
14. Relevant Parties
Any indemnity, agreement, representation or promise provided by you to us as set out in these Terms & Conditions shall be taken to be an indemnity, agreement, representation or promise also provided by you to our and any of our related entities’ employees, officers, agents, directors and shareholders.
If we fail at any time to insist upon the strict performance of any of your obligations under these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms & Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Applicable Law
These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the state of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Queensland, Australia.
Our Site may be accessed throughout Australia and overseas. We make no representation that the content of our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Site.
18. Alterations to Terms & Conditions
We may revise or alter these Terms & Conditions at any time without prior notice. Revisions and alterations will be posted on our Site. Users are responsible for reviewing our Site from time to time to ensure compliance. If we make a request to you to stop using our Site or to promptly return or destroy copies of information provided on our Site, you must immediately comply with that request, and confirm in writing to us within five (5) business days after that request, that you have done so.
19. Feedback and Complaints
You can contact us on (07) 3850 0111 Monday – Friday 9:00AM – 5:00PM AEDST or by email to email@example.com.
Complaints about a specific Participating Retailer must be directed to the Participating Retailer concerned via the contact details provided on our Site. JSI has no obligation to assist in resolving disputes with Participating Retailers. If you have a complaint about a specific purchase, and have paid via credit card, you may have charge back rights and should contact your financial institution.
20. Entire Agreement
These Terms & Conditions and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.