TERMS OF SERVICE

Welcome to jamesdow.au. This website is owned and operated by me, James Dow. By accessing or using this website, you agree to the following terms and conditions (Terms of Service). Please read these terms carefully before using the website. If you do not agree to these terms, you must not use this website.

GENERAL INFORMATION

James Dow owns and operates this website. Access to and use of this website is subject to the following terms, conditions, and notices (Terms of Service). By using this website, you agree to all of the Terms of Service, which may be updated by me from time to time. It is your responsibility to check this page regularly to take notice of any changes I may have made.

My store is hosted on Wix. They provide me with the online e-commerce platform that allows me to sell my products and services to you.

AMENDMENTS TO TERMS OF SERVICE

I reserve the right to amend these Terms of Service from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

WEBSITE

Access to this website is permitted on a temporary basis, and I reserve the right to withdraw or amend the website without notice. I will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, I may restrict access to some parts or all of this website.

LINKED SITES

This website may contain links to other websites (Linked Sites), which are not operated by me. I have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of service contained within each such site.

PRIVACY POLICY

My privacy policy, which sets out how I will use your information, can be found here. By using this website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.

PRODUCTS OR SERVICES

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 my Refund Policy.

I have made every effort to display as accurately as possible the colours and images of my products that appear in the store. I cannot guarantee that your computer monitor's display of any colour will be accurate.

I reserve the right, but am not obligated, to limit the sales of my products or services to any person, geographic region, or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or services that I offer.

All descriptions of products or product pricing are subject to change at any time without notice, at my sole discretion. I 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.

I 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.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for my products are subject to change without notice. I reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.

I shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at my request, you send certain specific submissions (for example, contest entries) or without a request from me, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to me. I am 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.

I may, but have no obligation to, monitor, edit, or remove content that I determine in my sole discretion to be 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 rights. 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 email address, pretend to be someone other than yourself, or otherwise mislead me or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third party.

PROHIBITIONS

You must not misuse this website. You will not:

Commit or encourage a criminal offense;
Transmit or distribute a virus, trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene;
Hack into any aspect of the website; corrupt data; cause annoyance to other users;
Infringe upon the rights of any other person's proprietary rights;
Send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
Attempt to affect the performance or functionality of any computer facilities of or accessed through this website.

Breaching this provision would constitute a criminal offense and I will report any such breach to the relevant law enforcement authorities and disclose your identity to them. I 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 this website or your downloading of any material posted on it, or on any Linked Sites.

INTELLECTUAL PROPERTY, SOFTWARE, AND CONTENT

The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remain the property of James Dow or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by me and my licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

DISCLAIMER OF LIABILITY

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this website is provided without any guarantees, conditions, or warranties as to its accuracy.
To the fullest extent permitted by law, I hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law, or the law of equity and will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance, or failures of this website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise.
This does not affect my liability for death or personal injury arising from my negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

LINKING TO THIS WEBSITE

You may link to my home page, provided you do so in a way that is fair and legal and does not damage my 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 my part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. I reserve the right to withdraw linking permission without notice.

DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES, AND THIRD-PARTY COPYRIGHT

Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content, services, and/or locations featured on this website are in no way associated, linked, or affiliated with James Dow and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to James Dow.

INDEMNITY

You agree to indemnify, defend, and hold harmless James Dow, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms of Use.

VARIATION

James Dow reserves the right, in its absolute discretion, at any time and without notice, to amend, remove, or vary any page of this website.

INVALIDITY

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

James Dow is 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. 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).