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Website Terms and Conditions

These Website Terms and Conditions (Terms) apply to any user (you or yours) who accesses jmgillies.com.au (Website).  They are issued by the operator of the Website: JM Gillies Agencies Pty Ltd (ACN 004 840 439) of 36 Agosta Avenue, Laverton North, Victoria, Australia (Operator or we, us or ours).

INTRODUCTION

These terms apply to you if you access the Website. Please read these terms carefully before using the Website, as by using the Website you will be taken to have agreed to these terms.

  • 1. COPYRIGHT
    • 1.1. All rights, including but not limited to copyright and database right, in the Website and its contents, are owned by or licensed to the Operator, or otherwise used by the Operator as permitted by applicable law or the copyright holder and are subject to copyright and other intellectual property protections. You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphic, logo, button, icon, image and their selection and arrangement, and any underlying source code and software, for any commercial or public purpose without prior written permission from the Operator or the copyright holder.
    • 1.2. You may not adapt, alter or create any of the material or information in this Website or use it for any other purpose other than for your personal non-commercial use. You agree to use this Website only for lawful purposes and will comply with all relevant laws and regulations.
  • 2. DISCLAIMER
    • 2.1. Without prejudice to your statutory rights, the information, specification and colours of products shown on this Website are subject to change without notice.
    • 2.2. To the full extent permitted by law, we do not warrant or represent the accuracy or completeness of information provided on the Website, nor do we assume any responsibility for any technical malfunction, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, virus, bug, tampering, theft or destruction or unauthorised access to or alteration of the Website, or any injury or damage to any person’s computer related to participation in or down-loading any material from this Website.
    • 2.3. To the full extent permitted by law, we will not be liable to any person for any damage or loss that may arise from the use of any information contained on the Website including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the Website. Notwithstanding anything else in these Terms and Conditions, we will not be liable for claims relating to the functionality or availability of this Website.
  • 3. TRADE MARKS

All names, images and logos identifying us are our proprietary marks.  All third-party brand, product, service and

company names contained on this Site are the trademarks, service marks and trade names of their respective holders. We do not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders’ rights. 

  • 4. OTHER WEBSITES

We do not represent, warrant, endorse or hold responsibility over any external sites that may be linked to and from this Website, including the content or operation of such sites. Any external site that you visit by clicking through a link on this Website is outside our control.  You visit that external site entirely at your own risk. We are not liable for any damages or injury out of or resulting from your access to or use of those external sites. 

  • 5. PRIVACY

Please see our Privacy Policy for more information about how we handle your personal information.  Please note that if you make a payment using our Website, at no stage is the credit card or other payment information accessible by us or retained by us in any way.  That information is handled solely by our payment service provider PayPal. 

 

  • 6. SOFTWARE DISCLAIMER

Any software available to be downloaded from this Website have been scanned and tested but – as with all new software – we still recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your hard disk before using the software. We cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software. Consult your network administrator before installing any software on a networked computer. 

  • 7. LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia.

  • 8. GENERAL
    • 8.1. If any provision in these Terms is, or becomes, unenforceable, illegal or invalid for any reason, the relevant provision is to be considered to be modified to the extent necessary to remedy the unenforceability, illegality or invalidity. If this is not possible, the provision is to be severed from the Terms, without affecting the enforceability, legality or invalidity of any other term of these Terms or the Order.
    • 8.2. We may change the Terms at any time by posting an updated version of them on the Website.
    • 8.3. If you do not accept these Terms in full, you must stop using this Website immediately.
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