Disclaimer
Welcome to Java Gold Distribution Pty Ltd and its affiliates ("JavaGold").
JavaGold provides it’s services to you subject to the following conditions. If
you visit or shop at javagolddi.cart.net.au, you accept these conditions, please
read them carefully. In addition, when you use any current or future JavaGold
service or business (e.g., Gift Certificates, Your account, etc…) you also will
be subject to the guidelines, terms and agreements ("Terms") applicable to such
service or business. If these conditions are inconsistent with such Terms, the
Terms will prevail.
PRIVACY STATEMENT
Please review our Privacy Statement, which also governs your visit to
javagolddi.cart.net.au, to understand our practices. Our privacy statement can
be found at www.jgd.net.au/privacy.htm
ELECTRONIC COMMUNICATIONS
When you visit javagolddi.cart.net.au or www.jgd.net.au or send e-mails to us,
you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by e-mail or
by posting notices on this site. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of Java Gold Distribution Pty Ltd or its content suppliers and
protected by Australian and international copyright laws. The compilation of all
content on this site is the exclusive property of Java Gold Distribution Pty Ltd
and protected by Australian and international copyright laws. All software used
on this site is the property of Java Gold Distribution Pty Ltd or its software
suppliers and protected by Australian and international copyright laws.
TRADEMARKS
Java Gold, Java Gold Distribution Pty Ltd,
www.javagold.com.au, www.jgd.net.au, javagolddi.cart.net.au and other
JavaGold graphics, logos, page headers, button icons, scripts, and service names
are trademarks, registered trademarks or trade dress of JavaGold in and/or other
countries. JavaGold's trademarks and trade dress may not be used in connection
with any product or service that is not JavaGold's, in any manner that is likely
to cause confusion among customers or in any manner that disparages or
discredits JavaGold. All other trademarks not owned by JavaGold that appear on
this site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by JavaGold.
LICENSE AND SITE ACCESS
JavaGold grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of JavaGold. This license does not
include any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This site or any
portion of this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express
written consent of JavaGold. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including images,
text, page layout, or form) of JavaGold without express written consent. You may
not use any meta tags or any other "hidden text" utilizing JavaGold's name or
trademarks without the express written consent of JavaGold. Any unauthorized use
terminates the permission or license granted by JavaGold. You are granted a
limited, revocable, and nonexclusive right to create a hyperlink to the home
page of jgd.net.au so long as the link does not portray JavaGold, or its
products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any JavaGold logo or other proprietary graphic or
trademark as part of the link without express written permission.
YOUR ACCOUNT OBLIGATIONS
Some of the services requires you to open an account, you must complete the
registration process by providing JavaGold with current, complete and accurate
information as prompted by the applicable registration form. You are responsible
for maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under your
account. You agree to notify JavaGold immediately of any unauthorized use of
your account or any other breach of security. The information is kept on a
secure server to protect it from outside parties. We use this information only
for limited purposes of communicating with the user, processing online orders,
for statistical purposes to improve our site and service to you, and to
administer our site. JavaGold will not be liable for any loss that may incur as
a result of someone else using your password or account, either with or without
your knowledge.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and
other communications; and submit suggestions, ideas, comments, questions, or
other information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of or
contain software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the origin
of a card or other content. JavaGold reserves the right (but not the obligation)
to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you
grant JavaGold a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such content throughout the world
in any media. You grant JavaGold and sublicensees the right to use the name that
you submit in connection with such content, if they choose. You represent and
warrant that you own or otherwise control all of the rights to the content that
you post; that the content is accurate; that use of the content you supply does
not violate this policy and will not cause injury to any person or entity; and
that you will indemnify JavaGold for all claims resulting from content you
supply. JavaGold has the right but not the obligation to monitor and edit or
remove any activity or content. JavaGold takes no responsibility and assumes no
liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
JavaGold respects the intellectual property of others. If you believe that your
work has been copied, and that your copyright has been infringed upon, please
contact JavaGold to notify us of the infringement.
ORDER
ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of our
offer to sell.
JavaGold reserves the right at anytime after receipt of your order to accept or
decline your order for any reason.
JavaGold reserves the right at any time after receipt of your order, without
prior notice to you, to supply less than the quantity you ordered of any item.
We may require additional verifications or information before accepting any
order
CHANGES IN ORDERS
We cannot change orders once they have been placed, although if notified by the
customer of an order error we will do our best to correct the order.
ERRORS OF INFORMATION PROVIDED ON THE SITE
JavaGold strives to present the most updated information and pricing of
the products within the Site. We are not liable for any typographical errors,
sudden price changes or any other change or increase in product prices
whatsoever.
JavaGold is not liable for any error or changes in packaging, description,
label or illustration of any product advertised within the Site.
In the event a product is listed at an incorrect price due to an error in
information received from our suppliers or due to a data entry (typographical
error),
JavaGold shall have the right to refuse or cancel any orders placed for
product/s listed at the incorrect price. This will also apply to any such orders
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
cancelled,
JavaGold shall within 7 days issue a credit to your credit card account in
the amount of the incorrect price.
RISK OF LOSS
All items purchased from JavaGold are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our
delivery to Australia Post or other postal service, their agents or
subsidiaries. Where you have chosen to use another method of delivery, (for
example, arranging your own courier or asking a third party to collect the goods
on your behalf or other postal service) the risk of loss and title for such
items pass to you upon delivery to your courier, other third party or other
postal service. The method of delivery includes handing the items to your
courier or third party or postage in an Australia Post letter box or post
office.
PRICING
Except where noted otherwise, the List Price displayed for products on our
website represents the full retail price listed on the product itself, suggested
by the manufacturer or supplier, or estimated in accordance with standard
industry practice; or the estimated retail value for a comparably featured item
offered elsewhere. The List Price is a comparative price estimate and may or may
not represent the prevailing price in every area on any particular day.
With respect to items sold by JavaGold, we guarantee the price of an item will
be as listed on the website at the time of the order.
All prices listed include the current legislated amount of GST, except where the
item is legislated as GST free.
DELIVERY
Please see our delivery information page for information relating to delivery of
orders.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE
ARE PROVIDED BY JAVAGOLD ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING. JAVAGOLD MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS
OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JAVAGOLD DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JAVAGOLD
DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM JAVAGOLD ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. JAVAGOLD WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING.
WHERE NO INFORMATION IS PROVIDED RELATING TO A SPECIFIC ISSUE PERTINENT TO ANY
CLIENT OR ANY CLIENTS ORDER, THAT CLIENT SHOULD CONTACT JAVAGOLD TO CLARIFY THAT
POINT BEFORE PLACING AN ORDER. OUR CONTACT DETAILS CAN BE FOUND ON OUR CONTACT
US PAGE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting jgd.net.au or javagold.com.au or javagolddi.cart.net.au, you agree
that the laws of the state of Victoria , will govern these Conditions of Use and
any dispute of any sort that might arise between you and JavaGold.
DISPUTES
Any dispute relating in any way to your visit to jgd.net.au or javagold.com.au
or javagolddi.cart.net.au or to products or services sold or distributed by
JavaGold or through jgd.net.au or javagold.com.au or javagolddi.cart.net.au
shall be adjudicated in any state or federal court in Melbourne, Victoria, and
you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also
govern your visit to jgd.net.au or javagold.com.au or javagolddi.cart.net.au. We
reserve the right to make changes to our site, policies, and these Conditions of
Use at any time. If any of these conditions shall be deemed invalid, void, or
for any reason unenforceable, that condition shall be deemed severable and shall
not affect the validity and enforceability of any remaining condition.
OUR ADDRESS FOR CORRESPONDENCE
Java Gold Distribution Pty Ltd
17 Taulor Street
Moorabbin Vic 3189
www.jgd.net.au
www.javagold.com.au
javagolddi.cart.net.au
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