1   Introduction

The website at www.jazminemagic.com.au (Website) is operated by Jazmine Magic (ABN).

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or referred to in this document (known collectively as the Terms of Use). These Terms of Use for the Website are the exclusive terms applying to the use of the Website.
 

Your use and/or continued access to the Website constitute your agreement to the Terms of Use. If you do not agree to these terms and conditions, you must not use or access the Website. Jazmine Magic reserves the right to amend the Terms of Use at any time. The amended terms of use will be effective immediately upon being posted to the Website. Since you will be bound by the amended terms and conditions upon posting, you should visit this page periodically to review the Terms of Use. If you breach any of the Terms of Use we may terminate your right to use and access the Website.
 

2  Purchasing of products

If you purchase any of the products that are available from Jazmine Magic’s online store at www.jazminemagic.com.au then the terms of use will apply in relation to your purchase of those products.
 

3  Intellectual property rights

Jazmine Magic own the intellectual property rights (including copyright and trademarks) in the Website and the contents of the Website. You must not copy, modify, transmit or adapt the contents of the Website or the Website themselves or otherwise infringe the intellectual property of Jazmine Magic. 
 

All materials displayed on the Website, including without limitation all information, text,  photographs, illustrations, artwork and other graphic materials (Content) are the property of Jazmine Magic unless indicated otherwise on the Website, and are protected by copyright, trade mark and other intellectual property laws.
 

All Content may be downloaded, viewed and printed for your personal, non-commercial use only and provided that all Content is intact and in the same form as presented on the Website (including all copyright, trade mark and other proprietary notices). Except as permitted above, you must not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party without the express prior written consent from the relevant owner of the intellectual property rights. You must not otherwise infringe the intellectual property of Jazmine Magic. 
 

Except as expressly provided above, nothing contained in the Terms of Use will grant, or is intended to be construed as conferring, any license or right in, or an assignment of all or part of, any intellectual property rights in the Content, without the express written agreement of the relevant owner of the intellectual property rights.
 

4    Privacy
All personal information that you supply in connection with the Website will be collected, used, disclosed and managed by Jazmine Magic according to the terms of its Privacy Policy, a copy of which is available online. You consent to Jazmine Magic dealing with your personal information in accordance with its Privacy Policy. You also agree to use the Website in accordance with any other policies that we publish on the Website from time to time.
 

5  Cookies
During your use of the Website, Jazmine Magic may issue and request cookies to and from your computer or mobile device. Jazmine Magic will use such cookies in accordance with its Cookie Policy. By using the Website you authorise Jazmine Magic to issue and request such cookies.
 

6  Your Comments and Posting Policy

When using the Website you must not do any of the following:

• use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by Jazmine Magic in its sole and absolute discretion;

• upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;

• collect or store personal data about other users;

• use the Website for any commercial purpose not expressly approved by Jazmine Magic in writing;

• upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication via the Website; or

• upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Website or any computer software or hardware or telecommunications equipment.

• From time to time on certain areas of our Website you may be able to submit product reviews, questions, written posts/responses, images, and certain other materials (User Content).   Your User Content must be in English.  Comments in other languages may be deleted by Jazmine Magic or our moderators.  It is your responsibility to ensure that your User Content is not in any way racist, defamatory, in breach of anyone’s privacy or any other legislation and that you use respectable language. 

• By using the above features, you agree that you will not do any of the following:

• submit or post any content that is unlawful, harmful, tortious, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Jazmine Magic;

• submit or post any content that contains personal information about any individual, violates the privacy of any person, or includes anything that you are under a contractual obligation to keep private or confidential;

• impersonate any person or organization, including without limitation, the personnel of Jazmine Magic, or misrepresent an affiliation with another person or organization; or

• submit or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website.

 

If you provide personal information about yourself through the Website, Jazmine Magic will collect, hold, use and disclose that personal information in accordance with the Jazmine Magic privacy policy available online. If you provide personal information of another person to Jazmine Magic, you must make them aware of the matters contained in Jazmine Magic’s privacy policy and/or its privacy collection statement.

You understand and agree that you have no ownership rights to any account you may have with us or other access to the Website, your User Content, or other features contained on the Website.

Jazmine Magic may cancel your account and delete all User Content associated with your account at any time, and without notice, if Jazmine Magic deems that you have violated these Terms, the law, or for any other reason.

 

Jazmine Magic assumes no liability for any information removed from our Website, and reserves the right to permanently restrict access to the Website or a user account. For greater certainty, and without limiting the effect of the foregoing, Jazmine Magic reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.

 

By displaying, publishing, submitting or otherwise posting any User Content on or through the Website, you hereby irrevocably grant to Jazmine Magic a non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media now known or developed in the future without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post, upload or otherwise submit to or through, the Website in favor of Jazmine Magic. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or developed in the future, such as for use on mobile phones, or in video, music, software or other computer programs.

 

You retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms of Use and the license described in these Terms of Use. 

 

You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Website and otherwise have the right to grant the license set out in these Terms of Use, and the displaying, publishing or posting of any content you submit, and our use of that content or material does not and will not violate the privacy rights, publicity rights, copyrights, trade mark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

You indemnify and hold Jazmine Magic, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including legal fees and costs on a full indemnity basis, related to your violation of these Terms of Use, including the above Posting Policy, or any violations thereof by your dependents or which arises from the use of any content including User Content that you submitted, posted, or otherwise provided to Jazmine Magic or the Website.

 

7  Disclaimer

While Jazmine Magic endeavours to take reasonable care in preparing and maintaining the information on the Website, Jazmine Magic makes no representation about the accuracy, reliability, adequacy, completeness or timeliness of the Content, including the price of any products available for purchase from Jazmine Magic’s online store. The Content may contain inaccuracies or typographical errors. The Content is subject to change at any time without notice and may not be up to date or accurate at the time you view it. The use of the Website and Content is at your own risk.
 

8  Exclusion of warranties
Any warranties in relation to any products that you purchase from Jazmine Magic’s online store will be determined in accordance with the terms of sale and not under this clause 8.

To the maximum extent permitted by applicable law:

• all statutory and implied guarantees, warranties and conditions of any kind in connection with the Website and its contents are expressly disclaimed. Jazmine Magic does not exclude any statutory or implied guarantee, condition or warranty which it is prohibited by law from excluding or limiting (but only to that extent);

• Jazmine Magic does not warrant that your access to the Website will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that the Website and their servers are free of computer viruses, trojans, spyware and other harmful material;

• Jazmine Magic does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or that it will give notice of such use, modification or alteration;

• Jazmine Magic does not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Website or its Contents. Your use of the Website and the information on it is at your own risk; and

• The Website and its Contents are provided on an “as is” basis without any warranties of any kind. Jazmine Magic may change the Website or limit or terminate your access to the Website at any time without notice.

• Jazmine Magic makes no representation that the Contents of the Website comply with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

 

9  Limitation of liability
Any liability relation to any products that you purchase from Jazmine Magic’s online store at Jazmine Magic and will be determined in accordance with the terms of sale listed above and not under the terms of this clause 9.

To the extent permitted by law and without limiting any non-excludable consumer rights you may have, Jazmine Magic will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive loss or damages of any nature whatsoever, including any loss of profits, revenue, opportunity, goodwill, expectation, business, savings, data or unavailability of systems or other loss, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with the Website, or any use of or access to, or any inability to use or access, the Website.

To the maximum extent permitted by applicable law, the liability of Jazmine Magic, its employees, suppliers and agents under any condition, warranty or guarantee which cannot by law be excluded is limited at the option of Jazmine Magic to the following:
In the case of services:
The supply of the services again; or
The payment of the cost of having services supplied against; and

In the case of goods:
The replacement of the goods or the supply of equivalent goods;
The repair of such goods;
The payment of the cost of replacing the goods or acquiring equivalent goods; or
The payment of the cost of having the goods repaired.
 

10   Indemnity
You indemnify Jazmine Magic against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) and third party claims incurred by Jazmine Magic in connection with or arising, whether directly or indirectly, as a result of your breach of these Terms of Use, your use or access of the Website or any violation of any applicable law.

11  Compliance with all applicable laws
You acknowledge and agree that you will be solely responsible for ensuring that your use of the Website complies with all laws that are applicable to you.

12  Hyperlinks
The Website contains hyperlinks and other pointers to internet websites operated, controlled or produced by third parties (Linked Sites). The Linked Sites are not under the control of Jazmine Magic and Jazmine Magic is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. The links are provided solely for your convenience and do not indicate expressly or impliedly, any endorsement by Jazmine Magic. You access any such Linked Site entirely at your own risk.

We exercise no control over the quality, safety or legality of the products or services advertised or sold and statement made through any Linked Sites. The material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any purchases or dealings you have with a Linked Site are done at your own risk. Jazmine Magic is not a party to any transaction between you and a Linked Site.

 

13 Submissions
Any material that you send to use on or via the Website will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. Jazmine Magic will be entitled to use and or all of it for any purpose without compensation to you, including for reproduction, disclosure, transmission, commercialisation, product development, publication, broadcast and posting.
 

14  Interference with the Website
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Website or any material or Content displayed on the Website.

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15  Termination
The Terms of Use are effective from 31 August 2020 until terminated by Jazmine Magic. In addition to any other termination rights set out in these Terms of Use, Jazmine Magic may terminate this agreement and your access to this Website in its absolute and sole discretion at any time without notice. In the event of termination, you are no longer authorised to access or use this Website. All restrictions imposed on you, together with all disclaimers, limitations of liability and indemnities set out in the Terms of Use, will survive the  termination of these Terms of Use and will continue in full force and effect.
 

16  Governing law and disputes

The Terms of Use are governed by and construed in accordance with the laws of the State of New South Wales, Australia.

By using the Website, you agree that any dispute arising in connection with these terms and conditions, or your use of the Website, will be resolved in accordance with the law applying in the State of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of New South Wales and of the Commonwealth of Australia.
 

17 Miscellaneous

If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect. All rights not expressly granted are reserved.