Terms of Use

1. Introduction

1.1    Below are the terms of use of the website of J Farren-Price.  When you use our website, in any way, all of our terms of use apply to you. By accessing and/or using our website you will be taken to agree to all of our terms of use.  If you buy any products or services online, on our website, you will also be taken to agree to the terms of use of our website.

2. Our obligations

2.1      As a matter of sound business practice, we will always do our best to make sure that our website works at all times. However, by using our website, you agree that we are not responsible for any times when our website is temporarily down or unavailable.

2.2      You agree that we may temporarily close down our website from time to time to perform maintenance work and/or updates. We may give you notice on our website and/or by email before we temporarily close our website to perform maintenance work and/or updates.   However, we are not required to give you such notice.

3. Your account

3.1      You may be able to create an account with us, on our website.  Once you have created an account with us, you will be provided with a username and password to access the site.

3.2      You must not provide or sell your username and/or password to any other person or entity, without first obtaining our permission. You must not use another customer’s username or password without our permission.

3.3      You must take all measures, precautions and/or actions to protect, at all times, the privacy of your username and password to our website.  You must also take all reasonable measures to remember your username and password to our website.

3.4      You must inform us of any unauthorised use of your account or password immediately.

4. With your permission or consent

4.1      You may end your account with us at any time, by contacting us to cancel your account. Your account will be cancelled within 2 to 3 business days of you requesting its cancellation.  If you cancel your account, any information and/or content which you may have had in your account, before cancellation, may be removed from our website, with effect from the time of your cancellation.

4.2      We can end your account and/or stop you from accessing your account immediately, if you:

(a)       have sold or given your username and/or password to any other person or entity;

(b)       have used another customer’s account or password without our permission;

(c)       allow other people to access and/or use your account;

(d)       do or say something on our website or on anywhere else, such as any form of social media, which damages or negatively affects our business and/or reputation; and/or

(e)       you do not follow these terms of use in any way.

5. Problems with your account

5.1      You agree that you will use all reasonable efforts to try and discover and fix any problems with your account, before you contact us.  If you have already made all reasonable efforts to try and fix any problems with your account, then you can contact us and we will try to fix it for you. We will use our best efforts to fix the problem, for you, as soon as we can. However, you agree that we are not responsible for any costs you need to pay and/or losses you suffer because you were not able to use or access your account.

6. Your information

6.1      Any information about you that we keep will be stored on a secure server.

6.2      We have a secure domain and have security measures in place (including encryption and Secure Socket Layers to protect your personal information from loss, misuse, unauthorized access, modification or disclosure).

6.3      We will take all reasonable steps to destroy or de-identify personal information when it is no longer needed.  However, you agree that we do not guarantee or ensure the complete security of information you give to us. You agree that any information provided to us is provided at your own risk.

6.4      You agree that we are not responsible for any tampering with, or hacks to our system by third parties.

6.5      Any personal information which you provide us, is covered by our privacy policy also available on our website.  Our privacy policy applies with overriding effect over these terms of use to the extent of any conflict.

7. Communications with you

7.1      All communications we have with you will be through the telephone number and/or email you provide us, or your account with us.

7.2      You agree to check your account, your telephone and/or your email from time to time, for any communications from us. You agree that you will ensure there is enough storage space in your email and/or in your telephone to receive any of our communications.

7.3      You agree that we are not responsible for any losses you suffer because you did not receive any correspondence from us, for any reason.

8. Our website

8.1      We own our website.  Without limitation, we own and/or have rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, videos, software and/or other content on our website and all HTML, CGI and other code and scripts in any format used for our website.  The content and/or code on our website may be protected by copyright laws. You cannot copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any of the code or content on our website without first obtaining our written permission. You may also not use any of the code or content on our website for any purpose other than a purpose allowed by these terms of use.

8.2      You agree that we are not responsible in any way for:

(a)       any errors, bugs or other issues on our website;

(b)       any viruses transferred to your mobile phone, tablet, computer and/or other electronic device from our website;

(c)       any damage caused to your mobile phone, tablet, computer and/or other electronic device from our website; or

(d)       any interruptions in your use or access of the website.

8.3      You must not attempt to change our website in any way.

8.4      You must not try to disable or interfere with any of the security features in our website. This includes, but is not limited to:

(a)       downloading any data;

(b)       downloading and/or changing the source code;

(c)       sending us malicious programs or viruses; or

(d)       interfering with any of our electronic, cloud, computer or other systems.

8.5      Our website may contain links to other websites.  These are linked only for the convenience of our customers.  Your use of third party websites is entirely at your own risk.  You agree that we are not:

(a)       endorsing the products or services offered on third party websites that we link to;

(b)       responsible in any way for the content of any third party websites; or

(c)       responsible for any viruses downloaded on to your mobile phone, tablet, computer and/or other electronic device from any third party websites.

8.6      We make no representation and disclaim all liability, express or implied, as to the accuracy, validity, suitability, legality or otherwise of any of the materials or information on third party websites.

9. Intellectual property rights

9.1      All intellectual property rights (including, but not limited to, brand names, logos, layouts, trademarks, service marks, trade names, designs, copyright and/or domain names) are reserved and are exclusively owned by us or the business partners whose products are shown on our website.

9.2      You cannot use any of the intellectual property on our website in a manner which is likely to cause confusion or mislead customers without first obtaining our written permission of and/or the permission of our business partners.

9.3      You must not change, copy, reproduce, screen shot, post or distribute any content in and/or on our website to another party, without first asking for and obtaining our written permission.

10. Breach of terms

10.1     You agree that we are not responsible for any loss or damage you suffer or costs you have to pay because you have not followed our terms of use.

10.2     You agree to pay us for all costs we have to pay because you did not follow our terms of use.

10.3     You may be banned from buying our products and/or using our services, if you do not follow these terms of use.

11. International use

11.1     If you are using our website from a country other than Australia, you are responsible for following that country’s laws relating to the access and use of our website.

11.2     Some of our terms of use may not apply to you in certain countries. If this is the case, then those terms will be ignored in that country. However, all other terms will still apply to you.

12. Advice

12.1     All of the content on our website is general information only and is not advice.

12.2     You may wish to obtain advice on any information you see on our website.

13. Privacy policy

13.1     In our dealings with you, we agree to follow our privacy policy.

13.2     By agreeing to our terms of use, you also agree to accept the terms of our privacy policy, which are also on our website.

14. Changing terms of use

14.1     These terms of use may change at any time and/or from time to time, to ensure that we meet our legal obligations or otherwise.

14.2     You are responsible for monitoring this page of our website from time to time to make yourself aware of any changes to our terms of use. We may, but are not required to, inform you of our changed terms of use by email.

14.3     You agree that you are bound by any new terms of use immediately, upon these being updated on our website.

14.4     Your use of our website, products and/or services indicate your agreement to any new terms of use, posted from time to time.

15. Entire agreement

15.1     Subject to any contract we may have with you which states something different, you agree that these terms of use, our privacy policy and our cookies policy include everything that applies to the relationship between you and us. No other warranties, brochures, promotional and/or other material form part of the arrangement between you and us.

15.2     If the law provides us with greater protection from liability than these terms of use, then we will be given the benefit of the greater protection offered by law.

15.3     If any term of these terms of use is unlawful or not enforceable, then it will not apply to you. The rest of these terms of use will continue to apply to you.

15.4     If the law requires us to include any extra terms in these terms of use, then those extra terms will be taken to be included in our terms of use from the date the law first requires those terms to be included.

16. Uncontrollable events

16.1     You agree that we are not responsible for not performing our obligations or any delays in performing our obligations due to reasons out of our control including, but not limited to, riots, terrorism and natural disasters.

17. Dispute resolution

17.1     If a dispute between you and us arises, you agree to use your best efforts to resolve that dispute with us without resorting to Court or Tribunal action of any sort.

17.2     If the dispute cannot be resolved within 10 business days of us trying to solve the issue with you, a mediator may be appointed to resolve the dispute. Mediation will be conducted by an independent mediator appointed by us and you agreeing or, if no agreement is reached within 5 business days, a person appointed by the President of the Institute of Arbitrators and Mediators, Australia. You will be solely responsible for all of the costs of mediation.

18. Governing law & jurisdiction

18.1     These terms of use are governed by the laws of the State of New South Wales, Australia and you agree to be bound by the Courts and Tribunals of the State of New South Wales, Australia.

19. Exclusion of liability

19.1     We exclude all liability to you, to the maximum extent allowed by law. This includes any liability relating in any way to any material and/or use of our website or the availability of our website or any content.

19.2     While we make all efforts to include accurate and up to date information on our website, we make no warranties or representations regarding the content of our website.  To the maximum extent allowed by law, we shall not be found liable in any manner for direct, indirect, incidental, consequential, loss of data, income or profit, punitive damages and/or claims of third parties resulting from the use of, access to, or inability to use the information and/or the products offered on our website or any damages arising out of or in connection with the use of our website.

19.3     We assume no responsibility and should not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in our website or your downloading of information from our website.