Welcome to the website of Join The Joneses (ABN 56 829 045 213) ("we", "us" or the "Proprietor"), is a website providing pamper boxes and gift services throughout Australia.
This website is located on the web via the domain https://jointhejoneses.com.au/ and includes all of the files located in that domain ("this site").
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Proprietor that you are over the age of 18 years. Should the Proprietor suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Your User Account
You can check-out as a guest on the website when you purchase Goods. If you wish to create an Account, additional functionality on the website may be available to you, for example, order history, order status, address book and receipt of additional marketing communications.
You may not set up an Account for someone else. Please ensure that you enter all information carefully when creating an Account or checking-out as a guest. You warrant to Join the Joneses that all information provided by you in relation to your Account is complete, true and accurate.
You must notify Join the Joneses immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
Your use of this site is subject to the rules set out in Schedule 1 below.
· the Proprietor is unable to verify or authenticate any information that you provide to us; or
· the Proprietor believes that your actions may cause damage and/or legal liability to the Proprietor, any of its customers or suppliers or any other person.
· Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Join the Joneses will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of
o your Account information being incomplete or inaccurate; or
o any unauthorised use of your Password or Account which takes place before you notify Join the Joneses, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
· If Join the Joneses suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Join the Joneses then you must pay Join the Joneses the amount of that loss, damage, cost or expense if Join the Joneses asks you to.
· any material or information that you submit, post, transmit or otherwise make available through this site;
· your use of, or connection to, this site; or
Order constitutes offer
· payment for the purchase order has been received by us in full; and
· the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
· at any time:
- refuse to provide products to you;
- terminate your access to this site; and/or
- remove or edit any content on this site.
Acceptance of orders
Payment for orders placed through this site may be made:
· by credit card processed online using the secure PayPal, or Stripe payment gateway;
· using a PayPal account; or
· via direct bank deposit by electronic funds transfer (EFT).
PayPal secure payment gateway
Credit and debit card payments
Payment by EFT
Refunds and other remedies
· this site;
· all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
· all software, systems and other information owned or used by the Proprietor in connection with the products offered through this site (whether hosted on the same server as this site or otherwise).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Proprietor. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Proprietor.
· the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
· this site will meet your requirements or expectations;
· anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
· the quality of any products, information or other material hired, purchased or obtained through this site will meet any particular requirements or expectations;
· errors or defects will be corrected; or
· this site or the servers that make it available are free of viruses or other harmful components.
Exclusion of liability
The Proprietor does not exclude or limit the application of any provision of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of these terms and conditions to be void.
· in the case of goods, to any of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
· in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
· the singular includes the plural and vice-versa;
· a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
· the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
Governing law and jurisdiction
Schedule 1 – Prohibited conduct
· use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
· engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
· use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
· use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
· use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
· use this site by any automated means;
· use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
· access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
· interfere with the display of any advertisements appearing on or in connection with this site;
· reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
· reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
· falsely imply that any other website is associated with this site;
· do anything that leads, or may lead, to a decrease in the value of the Proprietor's intellectual property rights in this site;
· use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
· release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Proprietor without the Proprietor's prior written consent; or
· use this site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring the Proprietor or any of its staff into disrepute.