About John Jewell Design

Terms of Website Use

This page (together with the documents referred to in it, and any further incorporated terms and conditions) tells you the terms of use on which you may make use of our website www.johnjewelldesign.com.au (the "Site"), whether as a guest or as a registered member. Please read these terms of use carefully before you start to use the Site. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Site.

Information About Us

www.johnjewelldesign.com.au is a website operated by John Jewell Design Pty Limited ("John Jewell Design" or "We"). We are registered in Australia under company number 41 021 036 308 and have our principal office at 397 Paul Avenue, Lavington (Albury), New South Wales, Australia .

We are a member of the Australian Graphic Design Association.

Accessing our site

Access to the general areas within our Site is permitted on a temporary basis at our discretion, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

Access to the 'member area' of the Site is restricted. If you wish to access that part of the Site you will need to register with us and agree to the further terms and conditions of our Confidentiality Agreement (which can be viewed here). In the event of any inconsistency between these terms and conditions of use, and the terms and conditions of the Confidentiality Agreement, then the latter shall prevail. When you register, we will issue you with a username and password for access to the 'member area', and you must keep the username and password confidential.

We have the right to disable any username or password, if in our opinion you have failed to comply with any of the provisions of these terms of use, or the provisions of the Confidentiality Agreement.

You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.

Intellectual Property Rights

All information, data, designs and materials presented on the Site, including its layout and colour scheme, are subject to copyright, trade mark and/or other intellectual property rights. We are the owner or the licensee of all intellectual property rights in our Site. As a guest to the Site, you may use the same only for general information and evaluation purposes only, in order to decide whether you wish to gain access to the 'member area' of the Site under the terms of the Confidentiality Agreement.

Any other use and/or reproduction of the information, data, designs and materials presented on the Site, including its layout and colour scheme, without the prior consent of John Jewell will be a breach of these terms and conditions and may infringe John Jewell's intellectual property rights. All such rights are reserved.

To become a registered member and get access to the 'member area', you must agree to the further terms and conditions in relation to John Jewell's intellectual property rights and confidential information set out in the Confidentiality Agreement.

Reliance on Information Posted

Commentary, statements and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

Our Site Changes Regularly

We aim to update both the general areas of our Site and the 'member' area of the Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

Our Liability

The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy or ownership. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

John Jewell Design hereby excludes any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, including, without limitation any liability for i) loss of income or revenue; ii) loss of business; iii) loss of profits or contracts; iv) loss of anticipated savings; v) loss of data; vi) loss of goodwill; vii) wasted management or office time; and viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in these terms shall affect John Jewell Design's liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We may collect the following information about you: Information that you provide by filling in forms on our Site, in particular the relevant part of the Confidentiality Agreement; ii) if you contact us, for example by using the 'email John Jewell' facility on the Site, we may keep a record of that correspondence; iii) details of transactions and purchases of any designs made through our Site, and of the fulfillment of your orders; and iv) details of your visits to the Site, including but not limited to, traffic data, location data, whether this is required for our own billing purposes or otherwise, and the resources that you access.

We may collect information about your computer, including where available your IP address, operating system and browser type for system administration. This is statistical data about our users' browsing actions and patterns and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie. A cookie is a piece of data stored on a user's hard drive containing information about the user. [For registered members, we use cookies on our Site to store passwords, so that it is not necessary to provide a password for every visit to the Site.] We also use cookies to track the interests of our visitors so that we can subsequently enhance their experience on the Site. You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you do this, you may be unable to access certain parts of the Site.

Transactions Concluded through our Site

If having gained access to the 'member area', you wish to purchase a graphic design or branding design, or wish for John Jewell to provide you with a customised design based on your requirements, then you will need to enter into a contract with John Jewell on our standard terms and conditions.

Viruses, Hacking and other Offences

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our Site other than that set out above, please send your request to us by email using the 'email John Jewell' facility.

Links from our Site

Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Trade Marks

'John Jewell' and 'John Jewell Design' are trade marks of John Jewell Design Pty Ltd.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

Thank you for visiting our Site.