Terms of Use
1. Purpose
These terms form the basis upon which you may use this website http://www.jolasers.com.au and our services.
2. Parties
The parties to these terms are:
2.1. http://www.jolasers.com.au (‘us’, ‘we’, and ‘our’); and
2.2. an end user, anyone who uses our site (‘you’).
3. Background
3.1. Affiliate Disclosure: I am grateful to be of service and bring you content free of charge. In order to do this, please note that when you click links and purchase items, in most (not all) cases we will receive a referral commission. We provide information on various products (‘permitted purpose’), located at http://www.jolasers.com.au (‘the site’).
3.2. In consideration for providing you with a licence to use the site, you agree to only use the site in accordance with these terms.
4. Licence
4.1 We grant you a personal licence to use the site.
4.2. Your licence is made up of the following:
4.2.1 this document;
4.2.2. our privacy policy; and
4.2.3. any other policy that we may publish on the site from time to time.
4.3. You must only use the site strictly on the terms of your licence, and only for the permitted purpose.
4.4. A condition of this licence is that:
4.4.1. we may contact you by email for the purposes outlined in our privacy policy; and
4.4.2. our advertisers, and other users of the site may send you email from the site.
4.5. You must ensure that:
4.5.1. all information you provide us in registering to use the site is true and correct, and is at all times kept up to date; and
4.5.2. you comply with all applicable laws.
5. Purchases
5.1. If you are a buyer of goods from the site:
5.1.1. it is solely your responsibility to ensure that the goods are suitable for your intended use;
5.1.2. you warrant that:
5.1.2.1. you are authorised to use any payment instrument through which you make a payment for a purchase;
5.1.2.2. the delivery address specified in your online purchase order is correct;
5.1.2.3. you have not relied upon any representation given by us;
5.1.3. to the extent permitted by law, you release us from any claim arising from the sale of goods.
5.2. All purchases are sent via email – it is your responsibility to ensure that your spam and anti-virus filters will allow receipt of the email from us.
5.3. All prices are inclusive of Goods and Services Tax (‘GST’) at the current rate payable under Australian Law unless we advise you otherwise in writing.
5.4. We reserve the right to:
5.4.1. vary prices without notice;
5.4.2. reject any purchase order for any reason, including on suspicion that a stolen credit card or fraudulent payment instrument has been used; and
5.4.3. send you goods within 21 days of receipt of your order and clearance of your payment.
6. Returns and Refunds
6.1. Subject to clause 11 and 6.2, you are entitled to choose a refund, or repair or exchange or credit if the goods you have purchased are:
6.1.1. faulty
6.1.2. significantly different to those shown or described to you
6.1.3. not doing what they’re supposed to do.
6.2. With some products, we offer a ‘money back guarantee’, in which case if for any reason you are not happy within 12 months of your purchase, you can return the product to us for a full refund. We will advise you in writing where a product is subject to a money back guarantee.
6.3. Please keep your receipt as proof of purchase – this is required to assist us to verify that the goods were purchased from us and the date of purchase.
7. External links
We may provide you with links to external websites from the site, where we do you acknowledge that:
7.1. we do not endorse or recommend such website;
7.2. such websites do not form part of our website;
7.3. we do not warrant that:
7.3.1. any information contained in such website is true and correct;
7.3.2. these external websites do not contain viruses, trojans and other malware.
8. Acceptable Use
You must not use the site (or any services provided on the site) to:
8.1. abuse, menace, harass, intimidate or stalk anyone;
8.2. break the law or allow another person to break the law;
8.3. damage property including intellectual property;
8.4. injure anyone;
8.5. mislead or deceive anyone including through the creation of ‘spoof’ websites;
8.6. facilitate the commission of a tort, or breach of contract;
8.7. allow for the misuse of anyone’s confidential information;
8.8. misuse or allow for the misuse of anyone’s personal information, sensitive information or health information, as defined by the Privacy Act 1988;
8.9. facilitate or engage in any act or omission which is in contravention of the laws regarding Spam including the Spam Act 2003;
8.10. interfere with someone else’s computer without their permission;
8.11. send or distribute any virus, worm, trojan or other malicious code;
8.12. send alter or create an electronic message (including spoofing) to conceal the true identity of the person from whom it originates;
8.13. interfere with the proper operation of the site;
8.14. use a remote system (such as a mail server or proxy server), without the authorisation of the owner of it, for the transmission of data;
8.15. operate a service such as a mail server or proxy server, without proper controls to prevent the use of the service by unauthorised third parties for the transmission of data;
8.16. control or contribute to a Denial of Service attack;
and despite anything to the contrary you must not procure another person to do any of the things prohibited under these terms.
9. Intellectual property
9.1. All intellectual property subsisting in any of the products we sell belongs to us unless we advise you otherwise.
9.2. By purchasing an eBook or Book we grant you a limited licence to use the Book and eBook for personal use only.
9.3. You must not:
9.3.1. copy, reproduce, edit, or disassemble the book and eBook;
9.3.2. otherwise infringe our intellectual property rights in any Book and eBook.
9.4. You may not use any of our intellectual property (including our name, logo or content) without our prior written approval.
9.5. You must notify us immediately if you become aware of any infringement of our copyright or other intellectual property in a Book and eBook.
10. Acknowledgements
10.1. You acknowledge that:
10.1.1. you are not our agents, partners, joint venturers or authorised representatives;
10.1.2. to the extent permitted by law we do not warrant that the content of the site is current or error free;
10.1.3. the site is only to be used as a guide and is not to be relied upon as medical advice;
10.1.4. you should consult with a suitably qualified medical practitioner;
10.2. You must accept use of the site from us subject to these acknowledgements, and none of them constitutes a defect in the site.
10.3. You release us from all losses and claims in respect of, or out of, such matters you acknowledge or their consequences.
11. Limitation of liability and indemnity
11.1. Except for any express warranties in these terms and, to the extent permitted by law, we disclaim all express and implied warranties in relation to the site and any service on it.
11.2. In the case of any breach of these terms (or any other part of the licence to use the site), or any negligence for which we are responsible, or breach of a condition or warranty that legislation prohibits us from excluding (which condition or warranty shall accordingly be included), our liability to you will be limited, at our option, to:
11.2.1. if the breach or negligence relates to goods –
– replacement of any goods involved or the supply of equivalent goods;
– the repair of such goods;
– the payment of the cost of replacing the goods or of acquiring equivalent goods; or
– the payment of the cost of having the goods repaired; and
11.2.2. if the breach relates to services –
– supplying of the services again; and
– the payment of the cost (for the period of the breach) of having the services supplied again.
11.3. In no circumstances are we liable for any indirect, secondary or consequential loss or loss of income that you or anyone else may suffer.
11.4. You indemnify us (on a full indemnity basis including all legal costs and expenses) against any claim, loss or damage we suffer to the extent that it arises from:
11.4.1. any act or omission of yours;
11.4.2. any breach of any law;
11.4.3. any breach of these terms;
11.4.4. any unauthorised use of a the site
by you or anyone using the site under your direction or supervision.
12. Privacy
12.1. We may deal with your personal information in accordance with our privacy policy at www.www.jolasers.com.au/privacy as amended from time to time.
12.2. We may use your personal information for promotional and marketing purposes until you request to opt out of receiving such information.
12.3. You also consent to us sending you email to advise you of changes to the site or to market the site or our services to you.
12.4. Where you obtain personal information through the use of the site, you must destroy that personal information within a reasonable time after you have used it for a purpose permitted by these terms.
13. Termination / Suspension
13.1. We may terminate or suspend your licence to use the site at anytime:
13.1.1. where you breach these terms; or
13.1.2. for any other reason we deem appropriate;
13.2. In addition to any other right of termination we may terminate your licence to use our site at anytime where we wish to discontinue the site or redevelop the site.
14. Service
14.1. Either party may give notice:
14.1.1. by fax, and in our case to the current fax number indicated by the site contact details page;
14.1.2. by email, and in our case to the current email address indicated by the site contact details page;
14.1.3. by ordinary mail or hand delivery, in our case to the current postal address indicated by the site contact details page – and in no other way.
14.2. A notice is deemed to be served:
14.2.1. if it is mailed: before noon on the second business day after posting;
14.2.2. if it is emailed during business hours upon the email leaving the sender’s mail server, and if outside business hours 9am on the next business day;
14.2.3. if it is faxed, upon the delivery of a successful transmission report by the sender’s fax, but if outside of business hours, at 9am on the next business day.
14.3. Any notice that is given must be in the English language.
15. Severance
If any provision in this agreement is unlawful or inconsistent with any law, then to the extent of the unlawful nature or inconsistency, that provision may be severed from without affecting the remainder of the agreement.
16. Jurisdiction
This agreement and any contract arising under it is governed exclusively by the law of Victoria, Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Victoria.
17. Waiver
No right under these terms can be waived except by notice in writing signed by the party waiving it. If a party overlooks a breach by the other party on one or more occasions, it is not taken to have agreed to any future breach.
18. General
18.1. Headings and footnotes are only for convenience. They are to be ignored when interpreting the agreement.
18.2. A reference to the singular includes the plural and vice versa.
18.3. Where one thing is said to include one or more other things, it is not limited to those other things.
18.4. There is no significance in the use of gender-specific language.
18.5. A ‘person’ includes any entity which can sue and be sued.
18.6. A ‘person’ includes any legal successor to or representative of that person.
18.7. A reference to a law includes any amendment or replacement of that law.
18.8. A reference to currency on the site is a reference to USD unless expressed otherwise in writing.