Terms of service

Jiva Products Pty Limited (ABN 74 609 791 237)

Terms of Service

The website (www.jivaproducts.com.au) (“Site”) is owned and operated by Jiva Products Pty Limited (ABN 74 609 791 237) (“Jiva”, “we”, “us” or “our”).

All usage of the Site and the information, products and services provided through the Site (“Services”) are subject to these terms of service and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on the Site from time to time (“Terms”).

As a User (also referred to below as “you” or “your”), by entering or registering on the Site or accessing or using any of the Site or the information or Services provided through the Site or making a purchase of any kind on the Site, you will be deemed to have accepted and agreed to be bound by the Terms, as updated from time to time, and to have formed a binding contractual agreement inclusive of the Terms (“Agreement”) with us on and from the date you first use the Site.

Please read the Terms carefully. If you do not agree with any of the Terms, or any changes to them, you should not access, register on or use the Site.

If we vary the Terms in any material way, we will post a notice on the Site. Your continued use of the Site after notification of such material variation to the Terms will signify your acceptance of the varied Terms.

The current version of the Terms will normally be available from a link (e.g. www.jivaproducts.com.au/terms) at the bottom of the home page of the Site. 

Capitalised terms used below are defined in clause 16 (Definitions).

1. SERVICES

The nature of our business should be apparent from our Site, including purchases from our online store (“Jiva Store”).

1. GENERAL
   • You acknowledge and agree that we may:

• monitor your access to and use of the Site; and
• cancel your access to the Site if we consider:
• you have breached the Terms; or
• you are no longer eligible or authorised to access the Site.
  • Access to the Site depends on telecommunications and internet service providers and other external factors and we do not guarantee the availability of the Site at all times or at any specific times.
  • While we will take precautions to ensure the Site is secure, no data transmission over the Internet can be guaranteed as totally secure.  Accordingly, we cannot ensure the security of any information transmitted to or from the Site or obtained whilst using the Site and Users do so at their own risk.
  • You agree to at all times comply with all applicable Laws when you use the Site.
  • The Site, and all related computer systems, procedures, and databases created, operated, maintained or accessed by us and our Affiliates, in connection with providing the Services, contain proprietary and confidential information of economic value to us and our Affiliates. You agree not make any unauthorised use, misuse or disclosure of such information.
  • The accuracy, completeness, and timeliness of all information provided to us by you via the Site are your sole responsibility. You are responsible for all activities under your control or occurring under your account(s). You are responsible for verifying the accuracy of transactions as entered or otherwise provided to us. 
  • You undertake that you will ensure that all information and data of any kind that you provide to us by any means is true and accurate and, to the best of your knowledge, not misleading, deceptive, defamatory, discriminatory, offensive, obscene, indecent or otherwise unlawful or objectionable.
  • You warrant and represent to us that:
• you have obtained all necessary authorisation to enter into, and be bound by, the Terms either for yourself or on behalf of another Person, and to request each transaction requested by you;
• you are least 18 years of age and have the legal capacity to enter this Agreement;
• you will not commercialise the products appearing on and/or purchased from our Site (“Products”) or other Services;
• you will use reasonable efforts to prevent unauthorised access to or use of the Services;
• you will notify us promptly if you become aware of any possible or actual unauthorised access or use of the Services;
• provision of any information by you will not, at any time, infringe any Intellectual Property Rights or any right of confidence or other right of any Person;
• you have reviewed our Privacy Policy and agree to be bound by our Privacy Policy as amended from time to time;
• you have ensured that, when you collect, use, disclose, transfer or otherwise handle personal information in relation to your obligations and rights under the Terms, you have at all times complied with applicable Privacy Laws;
• all information provided by you will be current and accurate and will not mislead or deceive us or others;
• your provision of information to us will not violate (or cause Jiva to violate) any applicable Laws;
• each transaction requested by you relates only to Services that you are entitled to receive through the Site.
  • You authorise us, without further inquiry, to supply Products and other Services in accordance with your transaction request(s) received by us.
  • We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal. We are not responsible for verifying information or identification you provide to us.
  • By providing information to Jiva, you acknowledge and agree that we and any relevant third party software or service provider or integration partner may analyse, aggregate and anonymise such information for the purposes of generating industry benchmarks, enriching Jiva’s bureau data or to otherwise use such information in accordance with the terms of our Privacy Policy, as amended from time to time.
  • If you discover that you have obtained access to information on the Site that you do not have authority to access, you agree to immediately terminate such access and inform us of such access.
  • Prices advertised on the Site are for Products and other Services. Prices and the availability of items are subject to change.
  • By requesting information through the Site, you consent to the transmission of the requested information (which may include mobile telephony unique identifier information) through the Site and assume all risks of such transmission.
  • Jiva will record any credit card details you provide to facilitate payment for the Services for future use. Jiva will encrypt such credit card details, consistent with our Privacy Policy.

1. ACCESS CONDITIONS
   • You must ensure that any usernames and passwords required to access the Site are kept secure and confidential. You must immediately notify Jiva of any unauthorised use of your passwords or any other breach of security and Jiva will reset your password. You must take all other actions that Jiva deems necessary to maintain or enhance the security of Jiva’s computing systems and networks and your access to the Site. 
2. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
   • You agree that you are bound by any affirmation, assent or agreement you transmit through the Site, including without limitation any consent you give to receive communications from us solely through electronic transmission. You agree that, when you click on an “I agree,” “I consent” or other similarly worded button or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. 
3. PURCHASING FROM THE JIVA STORE

Purchasing Products

• All purchases of Products from the Jiva Store made available on the Site will be governed by these Terms, including the following terms of sale, including any other terms and conditions which may be notified to you at the time of placing your order.
• You warrant that all Products purchased from the Jiva Store are being purchased for personal use (not commercial use) and will not be resold or resupplied.

Placing an order

• The process of ordering Products from the Jiva Store is intended to be self-evident. If you are experiencing difficulties with the process, please contact us.
• We may reject all or part of an order at our sole discretion for any reason, including without limitation in the case of abnormal orders and orders that we suspect are not placed in accordance with these Terms or orders in response to incorrect offers on the Jiva Store made as a result of human, system or technological error (including errors in the image, description or price).
• We may from time to time impose quantity restrictions or limits on the Products you can order. If we notice a pattern of orders or purchase activity that appears abnormal then we may suspend or deactivate your account and any associated accounts in our sole discretion. If we suspend or deactivate your account and you believe that this was done in error please contact us. If, after we receive your order, we are unable to fulfil that order, we will contact you.

Prices, shipping, handling, charges and taxes

• The price charged for a Product will be the price in effect at the time your order is placed, as shown on the Site. We will not, under any circumstances, reduce the prices of Products to match prices appearing outside the Jiva Store or being charged by retailers.
• If there is a pricing error, whether on the Jiva Store or in an order receipt confirmation or otherwise, to the extent permitted by Laws, Jiva has the right to correct such an error and charge the correct price or cancel the order.
• Prices of Products shown on the Site do not include charges for shipping and handling unless stated otherwise.
• If applicable, separate charges for shipping, handling and their related GST or other taxes will be shown in your order receipt confirmation.
• Prices for Products and for shipping and handling may be changed at any time without notice to you, but changes will not affect orders for which we have already sent you an order receipt confirmation in which shipping and handling charges are shown.

Promotional codes and special promotions

• From time to time promotional codes may be offered to the public or individual customers. To redeem a promotional code, the code should be entered during check out of a valid transaction when prompted. A maximum of one promotional code will be permitted per transaction. Promotional codes cannot be used in conjunction with any other offer including other promotional codes and/or gift with purchase promotions. Promotional codes cannot be exchanged for cash. Promotional codes cannot be used retroactively on orders that have already been placed. Delivery charges are excluded from the calculation of % off discount promotional codes.
• From time to time we may run temporary special promotions involving reduced prices for a specified period of time (“sale period”); these reduced prices are only valid for orders placed and confirmed during a sale period and will not, under any circumstances, apply outside a sale period.

Payment

• Payment must be made by a credit card or online payment service that is displayed as acceptable on the Site. The name on the credit card must be the same as the name of the person placing the order. If we do not receive the authorisation that the payment has been processed, we will cancel your order. The value of your purchase will be settled from the applicable card or payment service when the order is placed.
• We retain full legal title to Products until we have received payment in full for the Products.
• If your payment cannot be processed you will be notified of this on the Jiva Store. You will then need to contact the card issuer or payment service and endeavour to resolve the issue directly.

Delivery

• Your order will be despatched as soon as practicable after your order has been confirmed. It your responsibility to be home to accept the order or provide instructions to leave unattended. Any instructions to leave unattended are done so at your sole responsibility and risk.  Jiva has no responsibility for any loss or damage to any order once it has been left unattended (which constitutes delivery).  The Products will be at your risk from the time of delivery. If no one is home to accept the delivery and it is deemed unsafe or inappropriate by our delivery partner then the order may be returned and additional charges will be incurred for redelivery.
• If you unreasonably defer or delay delivery after our delivery partner has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us and additional charges will be incurred for redelivery.

Product Availability

• We use reasonable efforts to ensure the availability of Products you order from the Jiva Store but, at times, Products may be out of stock or not available for reasons beyond our control.

Refund Policy

• We do not refund for change of mind, however our Products do come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major fault or failure. You are also entitled to have the Products replaced if the goods fail to be of acceptable quality. If you believe a Product you have ordered is defective or damaged, please contact us. We may request that you send us evidence of the damage.

1. RESTRICTIONS ON USE
   • Unless you have obtained our prior written permission, you must not do any of the following or permit or procure any other Person to do any of the following:

• use, promote or otherwise encourage the use of the Site or any Services for any illegal or unauthorised purpose;
• infringe or violate the rights of third parties, including copyright, trade mark, patent, rights of privacy or any other proprietary or contractual right;
• transmit any advertising or promotional materials, including without limitation, junk mail, surveys, spam, chain letters, pyramid schemes or any other form of solicitation or unauthorised communication;
• copy, modify or display our name or Marks or any text, graphic images or other information from the Site;
• use devices (including software) that are designed to provide repeated automated access to the Site or probe, scan or test the vulnerability of any system or network related in any way to the Site;
• with the exception of web browser software or other applications approved by us, use any software, program, application or any other device to access or log on to the Site, including our computer systems, or to automate the process of obtaining, downloading, transferring or transmitting any information from the Site, including our computer systems;
• include any Mark, the name of any of our personnel or any variation of any of the foregoing, as a metatag, hidden textual element or any other indicator that may create a false or misleading impression of affiliation, sponsorship or endorsement between any User and/or website and the Site;
• collect or store personal information (as that term is defined in Privacy Laws) about other Users of the Site;
• transmit any material that contains any computer code or files that might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment;
• use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libellous, defamatory, embarrassing, obscene, threatening, hateful, offensive or sexually explicit;
• create a link from a website to any page of the Site unless the user or the operator of the other website has executed our then standard agreement for the granting of permission to establish such a link.

1. SITE MONITORING
   • While we may monitor any use of the Site, we are under no obligation to do so and assume no responsibility or liability arising from our doing so or omitting to do so.
   • We and our Affiliates and Authorised Representatives may monitor your use of the Site to evaluate the quality of service you receive, your compliance with the Terms, the security of the Site or for other lawful reasons.
   • You waive and release us and our Affiliates and Authorised Representatives from any cause of action or other right concerning any monitoring activities so undertaken. 
2. DISCLAIMERS
   • While we endeavour to take reasonable care in preparing and maintaining the information on the Site, we make no representation about the accuracy, reliability, adequacy, completeness or timeliness of the content, including the price of any Products available for purchase from the Jiva 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. We expressly exclude liability for any inaccuracies or errors to the fullest extent permitted by Laws.
   • Links in the Site, which link to other sites on the World Wide Web, are not under the control of Jiva or any Affiliate or Authorised Representative of Jiva. Jiva and Affiliates and Authorised Representative of Jiva are not responsible for the information on any linked site or any link contained in a linked site or any changes or updates to such sites.
   • Jiva makes no warranty that:

• the operation of the Site will meet the User’s requirements or expectations;
• access to the Site will be uninterrupted, timely, secure, free of unauthorised code or other harmful components or free of error or malfunction;
• the results that may be obtained from the use of the Site will be accurate or reliable; or
• errors or defects will be corrected (or corrected within a specified period of time). 

1. LIMITATION OF LIABILITY
   • Your sole and exclusive remedy for our breach of any statutorily implied warranties, conditions or guarantees, which cannot lawfully be excluded, is, to the extent legally permitted, limited to, at our option, either providing the Services again or paying the cost of providing the Services again in respect of which the breach occurred.
   • To the maximum extent permitted by applicable Laws, we exclude and will not be liable for any loss by you or any other Person, including loss of revenue, business, anticipated savings or profits, loss of goodwill, loss of your inputs or for any indirect or consequential loss arising out of or relating to the Products or other Services or the Terms.
   • To the maximum extent permitted by applicable Laws, our liability arising under or in connection with the Terms or this Agreement, which is not otherwise excluded by clauses 9.1 and 9.2, is limited, in the aggregate, to the total amount paid by you to us under this Agreement in respect of the Services under which such liability arose.
   • Our limitations and exclusions of liability, as set out in this clause 9, apply regardless of the basis on which the relevant liability arises, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise. 
2. INDEMNITY
   • You are liable for and agree to indemnify, defend and hold harmless Jiva, our Affiliates and Authorised Representatives (for whom we hold the benefit of this clause 10 on trust) for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, of or by any Person resulting directly or indirectly from:

• any information provided by you that is not accurate, up to date or complete or is misleading or a misrepresentation;
• the Products and other Services you order;
• your answers to questions asked on the Site, including if you do not answer them accurately; or
• any breach by you of the Terms or your violation of any Laws or rights of third parties.
  • You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Products or other Services, including but not limited to disputes, complaints, investigations or litigation that arise out of or relate to incorrect information given to us by you.
  • You agree to indemnify us, our Affiliates and Authorised Representatives against any claim, cost, loss, liability or damage suffered or incurred by us as a result of your use of the Site.
  • The obligations under this clause 10 will survive termination of the Terms, any contract with us or your access to the Site. 

1. ACCURACY, PRIVACY AND SECURITY
   • Jiva collects personal information in accordance with its Privacy Policy, available at jivaproducts.com.au/privacy, as amended from time to time. By using the Services available on the Site, you acknowledge that you have read, understood and agree to our Privacy Policy.
   • Information contained on the Site or information electronically generated by the Site may contain information that has been provided to Jiva by third parties. Jiva has not verified the accuracy, currency, reliability or completeness of the information and makes no representation or warranty as to its accuracy, currency or reliability. Jiva will have no liability to any Persons for inaccuracy, omission, defect or error on the Site or information electronically generated by Jiva.
   • If you believe that:

• the security of the Site has been breached; or
• your information on the Site may have been used without your authorisation; or
• the Site contains any inaccurate information, infringes any Laws or the Terms,

please notify us by email at hello@jivaproducts.com.au. 

1. INTELLECTUAL PROPERTY
   • You acknowledge and agree that any and all current and future Intellectual Property Rights associated with the Site, including such rights in any name or Mark that we may develop for, or use in connection with, the Site, is and will be owned by us or our licensor (if applicable). Nothing in the Terms gives or is intended to give you or any other Person any claim for ownership of or any rights in such intellectual property.
   • The following restrictions apply to the content of the Site:

• you agree that the content of the Site is our property or the property of our licensors (as the case may be) and is subject to protection by Laws governing intellectual property; and
• unless expressly permitted in the Terms, you agree not to download, copy, store, manipulate, reformat, modify, adapt, reproduce, retransmit, distribute, circulate, display, publish, perform, sell, rent, print or create derivative works from, or make any other use of our content, in whole or in part, without our prior written approval.
  • Nothing contained in the Terms or the Site grant any license or right to use any of the Marks displayed on the Site. You agree not to use the Marks.
  • You agree that any material, information and ideas that you transmit to Jiva for inclusion in the Site shall be treated as non-confidential and non-proprietary information. Jiva is under no obligation of any kind with respect to such transmissions and is free to reproduce, use, disclose and distribute such transmissions to others in any manner that does not reveal your identity. 

1. MODIFICATIONS, SUSPENSIONS AND TERMINATIONS
   • If you breach any of the Terms or we anticipate you will breach any of the Terms, we may terminate any right granted to you in the Terms.
   • We may suspend or terminate your access to the Site at any time without giving notice or a reason for such suspension or termination.
   • We may modify or discontinue all or any portion of the Site, any function or the Services made available through the Site or any information uploaded onto the Site by you at any time without prior notice.
   • We may block access to the use of all or any portion of the Site or any function of the Site without prior notice in the event we elect to discontinue such function on a temporary or permanent basis or in the event that you breach the Terms.
   • We reserve the right to block access to all or any portion of the Site if we have reason to believe that the general security and/or integrity of the Site is being threatened or compromised.
   • The Site may be unavailable at times due to no fault of ours. 
2. JURISDICTION AND APPLICABLE LAW
   • Persons who access the Site do so at their own initiative and risk and take complete responsibility for and are responsible for compliance with applicable Laws.
   • The laws of the New South Wales, Australia, govern the Terms and any dispute of any type that may arise between a User and Jiva and its Affiliates and Authorised Representatives concerning or arising out of the use of the Site.
   • If a party takes legal action relating to the Terms, you agree to submit to the exclusive jurisdiction and venue of the courts of New South Wales. 
3. MISCELLANEOUS
   • This Agreement constitute the entire understanding between us and you and supersedes all other prior or contemporaneous negotiations, agreements or understandings whether written or oral between us and you or otherwise published by us relating to the Services provided under the Terms.
   • Notwithstanding any other provision of the Terms, neither party will be liable for any failure to perform its obligations under the Terms where that performance is delayed, prevented, restricted or interfered with as a result of a fire, flood, earthquake, utility failure, elements of nature or act of God, riot, civil disorder, rebellion, acts of war or terrorism, telecommunication breakdowns or interruptions and power failures.
   • We may subcontract the whole or any part of our obligations under the Terms without obtaining your prior written consent.
   • If any of the Terms are held to be unlawful, void or, for any reason, unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions.
   • Headings are included for convenience only and do not affect interpretation.
4. DEFINITIONS

The following definitions apply to the Terms:

Affiliate has the same meaning as “associated entity” under section 50AAA of the Corporations Act 2001 (Cth);

Authorised Representative means any director, officer, employee, agent or other representative of Jiva or an Affiliate of Jiva;

Intellectual Property Rights means all industrial and intellectual property rights both in Australia and throughout the world, whether now known or devised in the future, and for the duration of the rights including any patents, copyright, registered or unregistered trade marks or service marks, registered designs and commercial names and designations, circuit layouts, database rights and rights in relation to confidential information and trade secrets, whether or not registered or registrable;

Laws means (whether in Australia or any other relevant jurisdiction) all laws, codes, guidelines and the like, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory and mandatory codes of conduct, writs, orders, injunctions, judgements, Australian generally accepted accounting principles and industry-wide non-statutory rules in force or as applicable from time to time;

Marks means trade marks, service marks, logos and names and titles of ours or associated with Jiva or an Affiliate of Jiva;

Person means any individual, partnership, limited liability company, corporation, trust, estate, association or any other legal or commercial entity;

Privacy Laws means the Privacy Act 1988 (Cth) and any other applicable legislation, principles, industry codes, guidelines, codes of conduct or ancillary regulation relating to privacy or the handling of personal information; and

User means you and any other Person who accesses and/or uses the Site.