Terms and Conditions
TERMS AND CONDITIONS OF USE FOR WWW.JACANDJACK.COM
Last Updated Oct 1, 2019
Welcome to the website owned and operated by Jac and Jack Pty. Ltd. ("Jac + Jack" or "we" or "us"), www.jacandjack.com and other affiliated websites (the "Website"). These Terms and Conditions of Use (the “TCU”) apply to your use of and access to the Website through any device (computer, mobile phone device, etc.) or location. By using, accessing, and/or downloading any materials or content from the Website, you agree to be bound by these TCU, as posted, modified and/or amended by Jac + Jack (with or without notice to you) from time to time. No changes or modifications to these TCU are valid or enforceable against Jac + Jack unless explicitly agreed to by Jac + Jack in writing. When changes are made to these TCU, the “Last Updated” date at the top of these TCU will be revised to reflect the date the most recent changes were incorporated. This Website is operated from our offices in Sydney, NSW, Australia and Los Angeles, California, USA. We make no representation that the contact on the Website is legal or appropriate in other territories or jurisdictions. Using or accessing the Website in other territories or jurisdictions where its content may be illegal, obscene or violative of any other laws is strictly prohibited. To the fullest extent permissible by applicable law, anyone choosing to access this Website from other states or countries do so at their own risk and such users are solely responsible for compliance with local laws.
Products, Accuracy of Content, and Transactions
The content that appears on our Website ("Materials" or "Content") is solely for informational purposes. We attempt to ensure that the Materials and Content on this Website are complete, accurate and current. Despite our efforts, the Materials or Content on this Website may be inaccurate, incomplete or out of date and errors such as typos, omissions or inaccuracies related to product descriptions, offers, pricing, availability and promotions may appear from time to time. We make no representation as to the completeness, accuracy or up-to-date nature of any Content on this Website. To the fullest extent permissible by applicable law, Jac + Jack reserves the right to correct any errors and to change or update any features, content, specifications, products, colors and prices (which are always displayed in U.S. dollars, unless otherwise indicated) of products and services described or depicted on this Website or to cancel any orders if any information pertaining thereto is inaccurate at any time without prior notice.
Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. The actual color you see, however, will depend on factors such as the settings you have selected for the device on which you are viewing the Website, and the color of a particular product may appear different in person. The inclusion of any products or services in this Website at a particular time does not imply or warrant that those products or services will be available at any time. Products on the Website are available only while supplies last.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right (to the fullest extent permissible by applicable law), without prior notice and in our sole and absolute discretion, to change or modify any order, limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Website by any visitor or customer. Jac + Jack will attempt to notify you of the modification or cancellation of an order, but will not guarantee you will receive such notification. In the event that your order is canceled after your credit card has already been charged for the purchase, Jac + Jack will issue a refund to your credit card account. We also may require verification of information prior to the acceptance and/or shipment of any order. Once your order has shipped, you will receive a shipping confirmation email. Jac + Jack wants you to be happy with your purchase, so please carefully review the return policy posted on the Website.
Billing and Payment
To the extent you purchase any goods and/or services from Jac + Jack through the Website, you agree to pay for all goods and services ordered from Jac + Jack and/or its Third-Party Providers (as hereinafter defined) except as explicitly set forth in a writing signed by an authorized representative of Jac + Jack. You will provide Jac + Jack with valid and updated credit card or approved purchase order information as well as accurate billing and contact information. If you provide credit card or other authorized payment method information to Jac + Jack, you authorize Jac + Jack, or a credit card processor of its choosing to bill such credit card or to make such charges as applicable. If Jac + Jack, in its sole and absolute discretion, permits you to make payment using a method other than a credit card or other authorized payment method, Jac + Jack will invoice you at, or within a reasonable period of, the time of the purchase request.
Ownership of Website Content and Materials
Unless specifically provided otherwise, all Materials and Content provided on the Website, including but not limited to information, documents, products, logos, graphics, audio clips, images, compilations, text, copy, software, illustrations, video clips, design elements copyrights and copyrightable materials, trademarks, trade dress and other Website content and services, are the exclusive property of Jac + Jack or its licensors (third-party authors, developers or vendors, collectively "Third-Party Providers"), all rights reserved. Except as stated herein, none of the Content or Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, transferred, exploited, sold, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Jac + Jack and/or a Third-Party Provider (as applicable). Copyrighted Material may be downloaded to your computer or other electronic device for personal viewing and non-commercial use only. Except as otherwise expressly permitted under copyright or other applicable law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Jac + Jack and, where applicable, a Third-Party Provider. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Jac + Jack grants you no express or implied rights by way of your permitted downloading of copyrighted Materials.
Restrictions on Your Use of the Website
Except where expressly provided otherwise by Jac + Jack, nothing on the Website shall be construed to confer to you any license or ownership right in or to the Materials or Content, under any of Jac + Jack’s intellectual property rights, whether by estoppel, implication, or otherwise. Your use of the Website is pursuant to a single-copy revocable license granted to you by Jac + Jack. As a condition of your use of the Website, you warrant that you will not use the Website or any products purchased through this Website for any purpose that violates statutes, ordinances, regulations, applicable laws or that violates these TCU. To the fullest extent permissible by applicable law, you are prohibited from: (I) modifying, in whole or in part, the Materials or Content of the Website; (ii) using the Materials or Content, in whole or in part, for any sale, rental, public display or other commercial purpose; (iii) disassembling, de-compiling, and/or reverse engineering any software materials; (iv) removing any copyright or other proprietary notice from the Materials or Content; or (v) transferring, exporting or assigning (or attempting to transfer, export or assign) the Materials or Content to another person, either in whole or in part. You agree to prevent any unauthorized copying of the Materials or Content.
Should you choose to create an account on the Website, you agree to provide true, accurate, current and complete information about yourself. To the fullest extent permissible by applicable law, you are solely responsible for maintaining the security of your username, account information and password and for restricting access to such information and to your computer. To the fullest extent permissible by applicable law, you agree to accept sole responsibility for all activities that occur under your account or password, if such use was authorized by you. To the fullest extent permissible by applicable law, Jac + Jack reserves the right to terminate your account, at any time and with or without notice, for any reason or no reason at all.
Third-Party Contact and Prohibition on Linking and Framing
The Website may contain links or have references to websites controlled by parties other than Jac + Jack. Jac + Jack is not responsible for and does not endorse or accept any responsibility for the content or use of these third-party websites, nor does Jac + Jack guarantee the performance of any goods and services provided by any third-party. Jac + Jack is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jac + Jack of the linked website, the content and materials found at the linked website, or the host or owner of the website, except as specifically stated otherwise by Jac + Jack. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. To the fullest extent permissible by applicable law, you agree that Jac + Jack shall not be directly or indirectly responsible or liable for any damage or loss caused or allegedly caused by or regarding any third-party website. Further, it is Jac + Jack’s policy that you not create or post a link or a frame to our Website without our prior written approval. If you wish to link to our Website, please contact us at firstname.lastname@example.org to request permission to do so.
Jac + Jack welcomes comments and feedback from its valued customers. However, it is our policy to not accept or consider unsolicited creative ideas, suggestions, proposals, plans or other material. If unsolicited creative works or any materials are submitted at our invitation (for product reviews, sweepstakes or contest entries, etc.), all such submissions shall be subject to these TCU fully permitted by law. Except where expressly provided otherwise by Jac + Jack, by submitting comments, feedback, information and data to Jac + Jack through, in association with or in regard to the Website and/or any other Jac + Jack goods or services ("Submissions"), you automatically grant Jac + Jack the worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate and distribute such Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material, to the fullest extent permissible by applicable law. You also permit any other user of the Website to access, view, store or reproduce any of your Submissions for that user’s personal use fully permissible by applicable law. You hereby waive any right to inspect or approve Submissions as used and distributed by Jac + Jack to the fullest extent permissible by applicable law. You represent and warrant that you own or control all Submissions and have the right to grant Jac + Jack (and other users of the Website, as applicable) these rights.
You agree not to transmit any material through the Website or post any Submission that violates the copyright, trademark or other proprietary rights of others or is (a) defamatory, abusive, harassing, threatening, or invasive of privacy or publicity rights; (b) bigoted, hateful, or racially or otherwise offensive; (c) violent, vulgar, profane, obscene, pornographic or otherwise sexually explicit; (d) unlawful, would encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise harms or can reasonably be expected to harm any person or entity; or (e) advertises or solicits products or services (without Jac + Jack’s express prior written approval). Any conduct by you that in Jac + Jack’s sole discretion restrict or inhibits any other user rom using or enjoying our Website will not be permitted. You shall not use this Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of our users to become subscribers of on-line services, if such other services are competitive with this Website.
Jac + Jack reserves the right, but disclaims any obligation or responsibility, to monitor the content of the Website and to (a) refuse to post, communicate or remove any Submission from the Website that violates these TCU and (b) disclose any Submission to (i) facilitate compliance with any laws, regulations or government requests including, for example, compliance with a court order or subpoena, or (ii) help to enforce these TCU and/or protect the safety or security of any person or property, including the Website. Moreover, we retain all rights to remove Submissions that violate these TCU or are otherwise objectionable at any time, for any reason, and without notice to you.
Use of the Website by Children
Jac + Jack does not accept Submissions from persons under the age of 14 ("Child" or "Children"). Furthermore, Jac + Jack does not accept any user who is a Child. You are ineligible to use this Website if you are under the age of 14. If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these TCU. If you are under the age of 18, your parent or legal guardian’s consent to these TCU is ongoing and they hereby warrant that they will review the website and these terms for content and changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these TCU. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants Jac + Jack all rights to utilize the copyright and image / likeness embodied therein as further enumerated in this Agreement.
Representations and Warranties
Each party represents and warrants that it has the power and authority to agree to be bound by these TCU. Jac + Jack further warrants that it will provide the Website and all goods and services in a manner consistent with its business practices, as Jac + Jack, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to agree to these TCU on their behalf.
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER JAC + JACK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, THE “JAC + JACK PARTIES”) WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION, SERVICES, MERCHANDISE AND/OR MATERIALS ASSOCIATED WITH OR PROVIDED THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE AND THE GOODS, PRODUCTS, SERVICES, CONTENT AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAWS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY INJURY OR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, TORTIOUS BEHAVIOR, OR UNDER ANY OTHER CAUSE OF ACTION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT THE JAC + JACK PARTIES ARE NOT LIABLE FOR THE OFFENSIVE, DEFAMATORY OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE JAC + JACK PARTIES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE SOFTWARE USED IN CONNECTION WITH THE WEBSITE, WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR LOSS OF DATA, LOSS OF PROFITS OR BUSINESS INTERRUPTION, EVEN IF SUCH JAC + JACK PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISION OF THIS SECTION SHALL APPLY TO ALL MATERIALS AND CONTENT ON THE WEBSITE. THE EXCLUSIONS AND LIMITATIONS STATED HEREIN ARE ENFORECABLE IN THE STATE OF NEW JERSEY; HOWEVER, SOME OTHER STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ALL SUCH STATES, AS WELL AS THE STATE OF NEW JERSEY, THE LIABILITY OF THE JAC + JACK PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
To the fullest extent permissible by applicable law, you shall defend, indemnify and hold theJAC + JACK PARTIES harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or regarding your use of the Website and/or your violation of any provision of these TCU. Jac + Jack shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the goods, services or Materials associated with the Website other than in accordance with these TCU; (b) the combination of the Website and/or the goods, services or Materials associated with the Website with any other products, services, or materials; or (c) any third-party products, services, or materials.
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions regarding your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Jac + Jack controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
Notices and Copyright Complaints
Jac + Jack may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in Jac + Jack’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Jac + Jack’s account information. You may give notice to Jac + Jack at any time by letter sent by registered mail with return receipt to: Level 2/ 46-54 Foster Street, Surry Hills, NSW 2010. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Website.
Jac + Jack values its own intellectual property rights, and we also respect the intellectual property rights of others. As such, we require anyone using our Website to comply with these TCU and all applicable laws regarding intellectual property. Jac + Jack complies with the Digital Millennium Copyright Act ("DMCA"), and if you believe that any Content or Materials on our Website violates these TCU or your copyright, please report the violation to us by sending a notice to Jac + Jack’s designated agent via email at email@example.com or via registered mail sent return receipt to: Level 2, 46-52 Foster Street, Surry Hills, NSW 2010. In order for your copyright violation to the be effective, it must include the following:
An accurate description of the intellectual property or copyrighted work allegedly infringed
The URL showing where the allegedly infringing material is located on the Website
Your address, email and telephone number so that we may contact you Your statement that you have a good faith belief that the use of allegedly infringing material is not authorized by the owner of the intellectual property rights to said material
Your statement (under penalty of perjury) that the information in your notice is true and correct and that you are either (I) the owner of the intellectual property or (ii) authorized to act on behalf of the owner of the intellectual property
An electronic or physical signature of the owner of owner of the intellectual property or the individual authorized to act on behalf of the owner
As it is often difficult to determine whether intellectual property rights have, in fact, been violated, we may request additional information from you prior to removing the allegedly infringing material.
Governing Law and Dispute Resolution
To the fullest extent permissible by applicable law, this Website and its use will be governed by the substantive laws of the State of New South Wales law and Australia. By using this Website, you agree that any disputes, actions, claims or causes of action arising out of or in connection with these TCU or the Website (“Claim”) shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to JAMS’ arbitration rules, held before a single, neutral arbitrator in Sydney, Australia. In the event that Claims exceed Five Million Dollars ($5,000,000.00 AUD), upon the request of Jac + Jack, the Claims shall be decided by three (3) neutral arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to and enforced by any court of competent jurisdiction. This paragraph does not limit the right of Jac + Jack to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. In the event of arbitration, the parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable costs and attorneys’ fees. This arbitration provision is subject to the Federal Arbitration Act and nothing in this provision will affect any claimant’s rights to seek relief from small claims court.
Claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective, or private attorney general action, shall be a “Class Action.” Notwithstanding anything else in these TCU or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action related to a dispute covered by this arbitration provision to the fullest extent permissible by applicable law. However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall be exempted from this arbitration provision and brought in court.
These TCU represent the parties' entire understanding between each user of the Website and Jac + Jack, regarding the subject matter hereof, and supersedes any prior or contemporaneous, conflicting or additional, statements, representations, communications, or agreements. Jac + Jack reserves the right to change these TCU or its policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current TCU because they are binding on you. Certain provisions of these TCU may be superseded by expressly designated legal notices or terms located on other pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of these TCU is found to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Jac + Jack and you as a result of these TCU or use of the Website. To the fullest extent permissible by applicable law, Jac + Jack may assign these TCU, in whole or in part, at any time, with or without notice to you. You may not assign these TCU, or any part of these TCU, to any other party. Any purported assignment in violation of this section shall be void. Jac + Jack reserves the right to use Third-Party Providers in the provision of the Website and/or the goods, services and/or Materials associated therewith. To the fullest extent permissible by applicable law, the failure of Jac + Jack to enforce any right or provision in these TCU shall not act as a waiver of such right or provision or the ability to later assert that right relative to the particular situation involved. To the fullest extent permissible by applicable law, any and all rights not expressly granted herein are reserved by Jac + Jack.
Intellectual Property Notices
Elements of the Website are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly authorized in writing by Jac + Jack. The Jac + Jack trademark and/or other identifiers referenced herein are trademarks of Jac + Jack, and may be registered in certain jurisdictions.
Copyright © 2019 Jac and Jack Pty. Ltd. All rights reserved.
These TCU constitute an agreement that shall remain in effect unless and until suspended, discontinued or terminated by Jac + Jack, at any time without notice. In the event of termination, you are no longer authorized to access this Website and the restrictions imposed on you with respect to the Content or Materials and the disclaimers and limitations of liabilities set forth in these TCU shall survive to the fullest extent permissible by applicable law. Notwithstanding the foregoing, you shall remain personally liable for any orders that you place or charges that you incur prior to termination.
Questions and Contact Information
If you have any questions about these TCU, or if you would like to request permission to use any Materials or Content from our Website, please feel free to send us an email at firstname.lastname@example.org. Thank you and we hope you enjoy our Website.