|Terms & Conditions||Privacy Statement||Definitions|
Terms & Conditions
THESE TERMS AND CONDITIONS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS TO, AND USE OF, THIS SITE. IN ACCESSING OR USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MUST REFRAIN FROM ACCESSING AND USING THIS SITE.
Privacy Statement Our Privacy Statement is set out on this Site and shall apply to You and Your use of this Site.
Amendments to terms and conditions We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the Site. Your continued use of the Site following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
Security You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information contained on Your computer system or on this Site. To the maximum extent permitted by law, We accept no liability for any Loss which You may suffer or incur as a result of such activity.
Lawful use You must use the Site for lawful purposes only and ensure that Your access to, or use of, the Site is not illegal or prohibited by law. It is Your responsibility to obtain legal, financial, accounting and other professional advice in relation to compliance with all Applicable Laws in using the Site. You agree at all times to deal with any information or Material provided by or accessed through the Site in a manner which complies with all Applicable Laws of Australia or of any other relevant jurisdiction.
Misuse of information You must not misuse, in any way, the Site or any Materials posted on the Site (including, without limitation, modifying, copying, reproducing, republishing, uploading, posting, transmitting or distributing in any way the whole or any part of any Materials except as expressly permitted by these terms and conditions). You must not interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Site. To the maximum extent permitted by law, We shall not be liable for any Loss suffered or incurred by You arising from or in connection with any site user's misuse of any materials posted by on the Site.
Information on the Site We do not warrant or represent the accuracy, completeness or suitability for Your intended use of any information on the Site. You are responsible for the use of any information obtained from the Site. You should make Your own enquiries to check if the information on the Site is accurate, complete and suitable for Your intended use. All information in the Materials is of a general nature only and is not intended to constitute professional advice. The Site may contain information that includes the views or recommendations of others that are not necessarily Our views. The Site contains links and pointers to internet sites maintained by third parties. These links to third party sites are provided for Your convenience. Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated organisation, product or services.
Disclaimer To the maximum extent permitted by law, We shall not be liable for any Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by You arising from or in connection with: (a) Your access to, or use of this Site, any Materials, or any linked site; (b) any decision or action taken by You in reliance on any Materials; (c) any error or defect in the Site.
The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded.
Indemnity You agree to indemnify, and keep indemnified, John Sands (Australia) Ltd, its officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified in connection with: (a) any breach of any obligation or warranty under this Agreement by You; (b) any wilful misconduct by You or (c) any negligent act or omission by You.
Copyright All copyright in the Materials (including, without limitation, text, graphics, logos, icons, sound recordings and software) is owned by John Sands (Australia) Limited and it's licensors. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions, You may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or (b) commercialise the whole or any part of the Materials, without Our express written permission or, in the case of third party material, from the owner of the copyright in that material.
Trade marks Trade marks used on the Site are a trade mark or registered trade mark of John Sands (Australia) Ltd. If You use any trade marks owned by John Sands (Australia) Ltd in reference to Us or the Site, You must include a statement attributing that trade mark to Us. You must not use any of Our trade marks: (a) in or as the whole or part of Your own trade marks; (b) in connection with any business, products or services which are not Ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages Us, the Materials, or the Site.
Public statements You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Us without Our prior written permission.
Submissions We will accept submissions of new artwork for Our review, both electronically and by post. All submissions must contain both the artwork and the name of the artist submitting the work, address and contact phone number. Submissions made without the artwork, or artwork submitted without any information regarding the artist, will not be accepted.
Electronic submissions can be made at email@example.com. Hard copy submissions can be made by posting the artwork to:
SubmissionsBag 170 Clayton South MDC Clayton SouthVictoria 3169Australia
You should not post any original artwork, photographs or one-of-a-kind samples. We will not be liable for any loss of or damage to any submitted artwork howsoever caused (including through Our negligence). The review process can take up to two (2) months. Simultaneous submissions to other companies are acceptable. If Your work is chosen for use by Us, We will contact You to discuss final art preparation, procedures and terms and conditions of payment. If Your work is not selected, physical samples will be returned to You. To facilitate the return process, please include a self-addressed stamped envelope large enough to hold your artwork. Artwork that is submitted without a self-addressed stamped envelope (or with an envelope not large enough to hold artwork) will not be returned to You.
Termination We may terminate this Agreement and Your access to the Site if You breach any provision of these terms and conditions. We may, at Our discretion, terminate this Agreement and Your access to all or part of the Site without the need to provide reasons. Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.
General provisions If We waive, in whole or part, any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from this Agreement, in which case, the remainder of this Agreement shall nevertheless continue in full force. The laws governing this Agreement will be the laws in the State of Victoria, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State.
We may collect information about You when You visit this Site. This information may be used: (a) to send news, information about Our activities and general promotional material which We believe may be useful to You; (b) to provide You with news, information and material in relation to Our products and services; (c) to monitor who is accessing this Site or using the Service; and (d) to profile the type of people using this Site. If You do not wish to have Your personal information used in this manner or for any other specific purpose, You can email us accordingly.
We may utilise "cookies" which enable us to monitor traffic patterns and to serve You more efficiently if You revisit the Site. A cookie does not identify You personally but it does identify Your computer. You can set Your browser to notify You when You receive a cookie and this will provide You with an opportunity to either accept or reject it in each instance.
We will not sell or otherwise provide Your personal information to a third party, or make any other use of Your personal information, for any purpose which is not incidental to Your use of this Site. We may provide your personal information to a third party where you request a referral to a third party provider of goods or services using the Site. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in Your position would not expect.
If You request us not to use personal information in a particular manner or at all, We will adopt all reasonable measures to observe Your request but We may still use or disclose that information if: (a) We subsequently notify You of the intended use or disclosure and You do not object to that use or disclosure; (b) We believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or (c) We are required by law to disclose the information.
We make all reasonable efforts to ensure that all personal information which We collect (including Your contact details and, if relevant, credit card details) is kept confidential. You will appreciate, however, that We cannot, and We do not, guarantee the security of transmission of all such information.
You are entitled to have access to any personal information relating to You which You have previously supplied to us. You are entitled to edit or delete such information unless We are required by law to retain it.
If You wish to comment on or query Our privacy statement, or if You wish to make an inquiry regarding any personal information relating to You which may be in Our possession, please contact our The Privacy Officer on firstname.lastname@example.org.
We reserve the right
to change, modify or update this privacy statement at any time without notice.
Terms used in this privacy statement which are defined in Our terms and conditions have the same defined meaning.
JOHN SANDS (AUSTRALIA) LTD (ABN 82 079382639))
Applicable Law:means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, the Site and the Service.
Loss: means any loss or damage of any kind including, without limitation, liability to a third party.
Materials: means any content made available by Us via this Site.
Site: means the website operated by US at www.johnsands.com.au.
We, Us, Our: means John Sands (Australia) Ltd ABN 82 079382639.
You, Yourself, Your: means any person, business, company or organisation who uses Our Site.