Joy Beans (ABN 3033 228 4094) (“Joy Beans”)
Welcome to www.joybeans.com.au (the “Website”), operated by Joy Beans ABN 3033 228 4094 (“Joy Beans”). In this document, the terms “you” and “your” means you the user; and the terms “we”, “us” and “our” means Joy Beans.
2 Use and Responsibility
You must use the Website in a responsible manner. You must not:
(a) use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
(b) use the Website to post or transmit content which infringes any copyright, trade mark, patent or other intellectual property right or any moral right or to cause the unlawful distribution of copyrighted content or illegal content;
(c) in any way tamper, hinder or modify the Website;
(d) knowingly transmit any viruses or other disabling features to the Website or via the Website;
(e) attempt any of the above acts or facilitate or assist another person to do any of the above acts.
3 Intellectual Property Notice
Copyright: All content included on this Website including, but not limited to text, design, graphics, photographs, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of or licensed by Joy Beans or its suppliers and protected by Australian and international copyright laws. The compilation of all content including any survey conducted on the Website are the exclusive property of Intellectual Plus and protected by Australian and international copyright laws. All software used on this Website is the property of Joy Beans or its suppliers and protected by Australian and international copyright laws.
Trade Marks: All graphics, logos, page headers, button icons, scripts, and service names displayed on the Website are exclusively the trademarks or registered trademarks of Joy Beans. Joy Beans’ Trade Marks may not be used in connection with any product or service that is not Joy Beans’ in any manner, including any manner that may or is likely to cause confusion among members, or in any manner that disparages or discredits Joy Beans. All other trade marks not owned by us that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Joy Beans.
4 Restrictions on Use
We reserve the right to suspend or terminate your use of or access the Website at anytime and for any reason, without notice to you.
5 Advertising, Third Party Content and Links to Third Party Websites
The Website may contain hyperlinks and other pointers to Internet Websites operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website or any hyperlink contained in a linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the website or the products or services provided at those websites. You link to any such website entirely at your own risk.
Some of the content provided on the Website may relate to products, services or information supplied from third parties. We are not responsible for the accuracy of third party content or the suitability or quality of these products, services or information from these third parties. You should contact the relevant third party directly to enquire about the products, services or information provided. The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.
We may receive fees and/or commissions from the third parties for displaying their information on the Website. You acknowledge and consent to us receiving these fees.
6 No reliance on Information
All information contained on the Website, including information relating to third parties, is for information purposes only. We attempt to be as accurate as possible. However, we do not warrant that content on this Website is accurate, complete, reliable, current, or error-free.
7 Other Businesses
We may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
By using this Website, you agree to indemnify Joy Beans from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.
Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) (‘ACL’)and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your ‘Statutory Rights’). We exclude all conditions, warranties and/or guarantees implied by custom, law or statute save for your Statutory Rights.
Save for your Statutory Rights, in respect of the Website:
(a) all material on the Website is provided to you without warranties or guarantees of any kind, either express or implied;
(b) to the maximum extent permitted by law and the statutory consumer guarantees as provided in Chapter 3 Part 3.2 of the ACL, we do not give an express warranty of any kind in relation to any goods and/or services supplied via the Website and no claim for a refund of goods and/or services provided via the Website can be made unless those goods and/or services are faulty or incorrectly sent. Goods and/or services returned must be returned within 30 days and be accompanied by a valid receipt of purchase.
(c) we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
(d) we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise;
(e) you solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information contained on the Website.
To the extent permitted by law, including but not limited to any act or omission on our part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet and are not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.
Every time you use the Website, information is collected by our service or on our behalf via services such as Google Analytics. Types of information collected include:
· The date and time of your visit to our Website and online software;
· Your IP address;
· The address of the documents you access;
· The type of browser and operating system you are using; and
· Any address of a recurring site and any other website you are about to visit.
The information that will be collected provides us with details about how the Website will be used including the frequency and duration of visits, and which web pages you have accessed on the website. We will not collect any personal information which may reveal racial or ethnic origin, political opinions, philosophical beliefs, trade union membership, sexual activity or sexual orientation.
We may utilise certain third party advertising services (e.g. organisations such as FastClick or Google) to display advertising for our advertisers. These third party services may place a cookie on your computer for the purposes of ad tracking and presentation. We do not share personally identifiable visitor information with its advertising services.
If you have any concerns or questions regarding your privacy on the Website, please contact us by telephone on 1 300 52 55 99 or send any questions or queries via our email address: firstname.lastname@example.org
We do not make any claims that the information contained on the Website is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
© 2016 Joy Beans. All Rights Reserved.