Avenue J Jewellery uses its vast knowledge to date each piece based on materials, construction techniques, hallmarks/signatures, overall style and cultural context. While dating and authenticity are not a formal science, we determine them to the best of our ability based on our knowledge, experience and resources. Some of our pieces are mounted in a way that makes it difficult to determine a precise stone’s grading. Diamonds and coloured gemstones that cannot be removed from their vintage settings without harm to the piece are evaluated in their mountings using industry-standard measurements and formulas. Unless certified by an independent lab, stone gradings are done by a qualified industry professional. Jewellery descriptions and all carat weights stated represent approximates. Mounted stone(s) is/are graded only insofar as mounting permits observation. Most coloured gemstones (i.e. rubies, sapphires and emeralds) are often treated to enhance their beauty; some treatments may not be permanent and/or may require special care. Please email us for further details. All diamonds shown on our website are natural, untreated diamonds. We cannot guarantee that the colour you see matches the item colour, as the display of colour depends, in part, upon the type of computer monitor used to observe the image. Products could go out of stock before we’re able to remove them from the site. Should this occur, we will notify you. We make every attempt to only show our users correct information. From time to time inaccurate data may be displayed due to system error. We reserve the right to correct any incorrect pricing as a result of the above, and will not honour any incorrect prices. Under no circumstances will Avenue J Jewellery be held liable for any indirect, special, incidental or consequential damages of any kind, regardless of the form of action, whether in contract, including negligence, strict product liability or otherwise, even if we have been advised of the possibility of such damages.
This website is operated by Avenue J Jewellery. Throughout the site, the terms “we”, “us” and “our” refer to Avenue J Jewellery. Avenue J Jewellery offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WordPress and WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. Avenue J Jewellery offers products for sale that are in stock and available for dispatch from our store. From time to time, products for sale may not be available to you due to necessary components not having been delivered by our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. Your rights regarding Advance Purchase are the same as those for any other purchase at Avenue J Jewellery. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Completed items may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order.
This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Avenue J Jewellery will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Mooloolaba, Queensland, Australia and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TUTS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by all major credit/debit cards accepted at the point of sale, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account and then your order will be dispatched by Avenue J Jewellery. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment toAvenue J Jewellery, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. We will NOT store your credit/debit card details on our systems.
To help ensure that your shopping experience is safe, simple, and secure, Avenue J Jewellery take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
CANCELLATION OF CREDIT CARD ORDER AFTER SALE
5.1 The following cancellation fee/s will apply, when you have processed a transaction with a Financial Institution and for any reason, that Financial Institution cancels or voids the transaction:-
(a) Customer cancels the transaction
If you decide to cancel the transaction, Avenue J Jewellery reserves the right to recover the goods and charge you a cancellation fee of up to 50% of the transaction value.
(b) Financial Institution cancels the transaction
In the event your Financial Institution cancels or voids the transaction for any reason, Avenue J Jewellery reserves the right to recover the goods and charge you a cancellation fee up to 50% of the transaction value.
(c) Avenue J Jewellery cancels the transaction
In circumstances where Avenue J Jewellery has cancelled the transaction, a full remittance of the monies charged to you through your Financial institution will occur upon the date of the account of the goods of purchase to the point of sale or until such time that the goods are returned to Avenue J Jewellery.
5.2 In the event of any cancellation of any transaction referred to above, including but not limited to any credit card transaction, Avenue J Jewellery reserves the right to charge you the respective cancellation fee percentages referred to above in addition to the recovery of the goods which were subject of the transaction.
LAY-BY & SPECIAL ORDER CANCELLATION POLICY
If you decide to cancel your lay-by within the agreed lay-by period, a cancellation fee of 20% of the purchase price will be payable by you. This amount will be deducted from monies paid, with the balance refunded.
If the agreed lay-by period has been exceeded, a 5% surcharge will be added to the purchase price and/or Avenue J Jewellery may cancel the transaction in its absolute and unfettered discretion which may result in forfeiting all amounts previously paid.
If you decide to cancel your lay-by and the item(s) has/have been altered at your request in anyway, you must pay the necessary amount to restore the item to its original condition in addition to the 20% cancellation fee as outlined above. Avenue J Jewellery reserve the right to determine the cost of restorative work.
If you decide to cancel a special order, you may do so, however, a cancellation fee of 50% of the purchase price will be payable by you. This amount will be deducted from monies paid, with the balance refunded. Please note that jewellery and special orders will not be processed and manufacturing not begin until 50% of the purchase price has been receipted, or as otherwise agreed.
REPAIRS TO JEWELLERY
Avenue J Jewellery accepts no liability in respect of any and all jewellery repairs, delays arising from jewellery repairs, and all such repairs, which we note are at the customer’s risk.
An assessment will be carried out by a qualified expert prior to any repair taking place – this assessment will detail the condition & necessary repair of the item(s).
Any such assessment shall not be relied upon by you, the customer, unless that assessment has occurred by a qualified expert. Any representation by Avenue J Jewellery staff in-store and/or on receipt of the jewellery for repair, shall not be relied upon by you, the customer, as an assessment of the value, quality or authenticity of the jewellery item.
We accept no responsibility for gemstones that are chipped, cracked, fractured, damaged or not authentic, or where such an item is discovered during the course of the repair to be chipped, cracked, fractured, damaged or not authentic, or for gemstones that become loose during the repair undertaken.
In addition where you have provided a treated gemstone to Avenue J Jewellery, and where this has not been disclosed to Avenue J Jewellery at the time of receipt of the gemstone for repair, Avenue J Jewellery takes no responsibility for the change of condition of the gemstone due to the repair requiring the removal of any internal and external treatments of the gemstones.
Similarly, Avenue J Jewellery accept no responsibility for metals that are chipped, cracked, fractured, damaged or not authentic, or where such an item is discovered during the course of the repair to contain metals that are chipped, cracked, fractured, damaged or not authentic.
In addition where you have provided a treated metal to Avenue J Jewellery, and where this has not been disclosed to Avenue J Jewellery at the time of receipt of the metals for repair, Avenue J Jewellery takes no responsibility for the change of condition of the metals due to the repair requiring the removal of any internal and external treatment of the metals.
Any guarantee noted on your repair does not include damage or issues that arise from wear, accidental damage, misuse or abuse.
In the event that you leave Uncollected Goods with us, you agree that Avenue J Jewellery will:-
(1) in respect of goods that are under $100 in value, dispose of uncollected goods if you, the customer, have failed to collect the goods, provided we have given you oral or written notice of our intention to dispose of the goods;
(2) in respect of goods whose value is less than $500 (but not less than $100), dispose of uncollected goods by way of auction or private sale for fair value, if you the customer have failed to collect the goods, provided we have given you 91 days written notice of our intention to dispose of the goods and you have failed to collect the goods;
(3) in respect of goods of between $500 and $5,000 in value may, dispose of uncollected goods by public auction if the customer, the owner of the goods and each person having or claiming an interest in the goods have been given 6 months written notice of Avenue J Jewellery’s intention to dispose of the goods, and you have failed to collect the goods. Avenue J Jewellery will also, at least 28 days before the goods are disposed of, publish in a daily newspaper circulating generally throughout Queensland of its intention to do so.
FEES FOR UNCOLLECTED GOODS
(4) In the event that you fail to collect goods after 3 months of having been notified that the goods are available for collection, Avenue J Jewellery will charge you a storage fee of $10 per week plus GST per item until such item is collected by you or until it is disposed of by way of private sale or public auction (“Storage Fee”). This is in addition to any Repair fees, Valuation fees or Handling fees payable pursuant to these terms and conditions;
(5) In the event that you fail to collect goods after 3 months of having been notified that the goods are available for collection, and the goods are required to be disposed of, Gregory will charge you a valuation Fee of $100 plus GST (“Valuation Fee”) in order to have the goods appraised by a suitably qualified professional. This is in addition to any Repair fees or Storage fees or Handling fees payable pursuant to these terms and conditions;
(6) In the event that you fail to collect goods after 3 months of having been notified that the goods are available for collection, and the goods are required to be disposed of, Gregory will charge you a handling fee of $100 plus GST in order to have the goods transferred and commissioned for sale via a private sale public auction (“Handling Fee”). This is in addition to any Repair fees or Storage fees or Valuation fees payable pursuant to these terms and conditions.
When you use the Site or send emails to Avenue J Jewellery, you are communicating with Avenue J Jewellery electronically. You consent to receive communications electronically from Avenue J Jewellery and its Site Affiliates. Avenue J Jewellery will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
We accept no responsibility for incomplete or inaccurate client contact details. Please be sure to check & update with your local boutique should you notice any discrepancy.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Avenue J Jewellery Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Avenue J Jewellery and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
For any marketing and advertising enquiries please email us through our ‘Contact Us’ section on our website.
SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provisions of this TUTS, or any general legal principles to the contrary, any provision of this TUTS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TUTS.
APPLICABLE LAW & JURISDICTION
The TUTS shall be exclusively governed by the laws of Australia. If any portion of the TUTS becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.
Execution of the copy of the receipt given at the point of sale (“POS”) is acknowledgment that you agree to be bound by the Avenue J Jewellery terms and conditions.
SECOND HAND REPAIR WARRANTY POLICY
Warranty applies to all new products pursuant to the Sale of Goods Act 1923.
Avenue J Jewellery provides no warranty for any second-hand goods or in respect of any repairs.
In the event that you accept receipt of any goods from Avenue J Jewellery that have been prepared by Avenue J Jewellery you acknowledge and agree that you have examined the goods at receipt and that you are satisfied with the skill and workmanship.
Further, in the event that you have left goods for repair with Avenue J Jewellery, you confirm that you have examined the goods at the point of receipt from Avenue J Jewellery and have affirmed and accepted that such goods are identical goods to the goods you provided to Avenue J Jewellery for repair and/or service.
Avenue J Jewellery will not be liable for subsequent claims by you to the effect that the goods provided to Avenue J Jewellery by you are not the goods which were returned to you subsequent to the service or repair. No claim, loss or damage shall be claimed by you from Avenue J Jewellery in relation to any allegation or replacement cost for any goods that have been left with Avenue J Jewellery for repair or service.
AUTHENTICITY & QUALITY OF GOODS
Whilst all care, skill and consideration is taken to ensure that the goods provided for the purposes of sale are as described, you warrant that at the time of purchase at the time of sale you have conducted any and all due diligence reasonably required by you to verify that the goods purchased are as described and Avenue J Jewellery takes no responsibility and shall not be liable for any claim in damages or otherwise in respect of any goods which have been purchased by you from Avenue J Jewellery but which have been misdescribed to Avenue J Jewellery by its ultimate supplier where Avenue J Jewellery has relied upon this description by the supplier in the normal course of business and has undertaken the usual inspection practices which one would expect from a person or company in the position of Avenue J Jewellery.
Where an item has been left for jewellery repair or watch repair, and the goods are available for collection by you, the following procedure will apply in relation to such goods:
24.1. Avenue J Jewellery will send you an electronic communication to the email address provided (where an email address has not been provided, to your last known address in writing) advising that the goods are available for collection within fourteen (14) days;
24.2. In the event that you do not collect the goods within fourteen (14) days, Avenue J Jewellery will send you a second notice advising you that the goods must be collected within fourteen (14) days, failing which the goods will be able to be dealt with by Avenue J Jewellery;
24.3. In the event that you have failed to collect the goods within fourteen (14) days of having received the second notice, Avenue J Jewellery will advise, by notice in writing, that the failure to collect your goods within seven (7) days thereafter will result in the goods being deemed to be Uncollected Goods for the purposes of this agreement;
24.4. Where goods are Uncollected Goods, and where you have failed to collect the goods within seven (7) days of having been sent the third notice referred to above, Avenue J Jewellery will be at liberty to do with the goods as follows: –
24.4.1. The goods will be placed in store for sale;
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Avenue J Jewellery and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by, and construed in accordance with the laws of Australia.
SECTION 18 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 – CONTACT INFORMATION