TERMS AND CONDITIONS
Welcome to Monster Wheels
These are the terms and conditions (Terms and Conditions) governing the use of bobjane.com.au (also referred to as the Site). Please read these Terms and Conditions carefully before using this Site. By using the Site, you agree to the Terms and Conditions.
These Terms and Conditions apply to all Users of the Site unless the Terms and Conditions specify otherwise. The Terms and Conditions published at the time of your use of the Site shall apply to you.
Bob Jane Corporation Pty Ltd reserves all rights to alter these Terms and Conditions as set out below from time to time and at its discretion. Each time you use the Site, you should be aware of our current Terms and Conditions.
To use this Site you must first read and agree to the Terms and Conditions as set out below. If you do not agree to the Terms and Conditions as set out below, please leave the Site now.
1.1 Bob Jane Corporation Pty Ltd (ABN 52 005 870 431) (also referred to as ‘we’ or ‘our’ or ‘us’ or ‘BJC’’)
1.2 Definitions: When we refer to ‘us’, or ‘our’ or ‘we’ or similar, we are referring to Bob Jane Corporation Pty Ltd (ABN 52 005 870 431). When we refer to ‘you’ or ‘your’ or similar, we are referring to you as a User of this Site.
Other defined terms and their meanings are: ‘Australian Law’ means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia;
‘Backorder’ means an order for a Product that is temporarily out of stock;
‘Business Day’ means a day that is not a Saturday, Sunday, public holiday or bank holiday in Melbourne, Australia.
‘Intellectual Property Rights’ means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to:
(a) graphics programming codes, drawings, computer programs, website
(b) business names, company names, product names;
(c) any right to have information kept confidential;
(d) patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, websites, website designs, website design methodology, domain names, domain registration, source codes, site context and design, program backend, HTML front code, adwords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;
(e) phone numbers, fax numbers, email addresses, directory listings; and
(f) Twitter, Facebook, Skype, LinkedIn, Viber, Instagram and other social media contact points.
‘Loss’ includes loss of money (including profit), goodwill, or reputation, whether such loss be incidental, direct, indirect, special, consequential even if you advise us or we could reasonably foresee the possibility of any such loss or damage occurring;
‘Product’ means a good or service advertised by BJC on the Site;
‘Site’ means the internet site at the domain bobjane.com.au as configured and described as such by us from time to time or any other internet site operated by us from time to time;
‘Users’ means anyone using the Site for any purpose
2. ALL USERS
Intellectual Property Rights
2.2 The Site is the property of Bob Jane Corporation and is protected by Australian and international copyright laws and must not be reverse engineered, republished, reproduced or copied in any way.
3.1 All transactions are shown Australian dollars (AUD).
You may request amendments to these Terms and Conditions
3.2 Nothing in these Terms and Conditions preclude a User from approaching us and requesting to amend or qualify parts of these Terms and Conditions in their particular case or for a particular transaction. Such requests will be considered by us on a case by case basis, and should be send in writing via mail 471 Williamstown Road Port Melbourne, VIC 3207or email to EMAIL. These Terms and Conditions will continue to apply to you and your use of the Site, unless qualified or amended in writing signed on behalf of BJC and expressly identified as an amendment of these Terms and Conditions.
Governing Law and Jurisdiction
3.3 The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
3.4 The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.
Australian Consumer Law
3.5 To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Terms and Conditions.
3.6 To the extent permitted by Australian law, we disclaim all warranties, representations and conditions, express or implied, with regard to any information, software or Products including but not limited to:
durability and fitness for a particular purpose;
legal title; and
non-infringement of Intellectual Property Rights.
3.7 To the extent permitted by Australian law, BJC or its suppliers are not liable for any Loss suffered by a User in respect of Products advertised on the Site.
Deposits and Cancellation Policy
3.8 A Deposit can be cancelled by you within the 12 week period however a cancellation fee equal to 10% of the total purchase price is payable. NOTE – if you have placed a ‘special order’ or your cancellation leads to higher expenses, then we reserve the right to charge you a higher fee for cancellation of an order if your cancellation has led to the Bob Jane T-Marts incurring higher costs than 10% of the total purchase price.
3.9 Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.
Risk & Liability
3.10 All reasonable care will be taken while compiling the Site’s content, including advertising content. Nevertheless, we do not warrant or represent that the Site is complete, current or free from typographical or other errors, or omissions. Information, advertisements, software and Product descriptions may include inaccuracies.
3.11 We endeavour to provide continual availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free.
3.12 By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release BJC, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Site in this regard.
4.1 By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. All images on the Site are for illustrative purposes only and actual products may vary from illustrations. All products shown are subject to supply availability.
4.2 You must be over 18 years of age to order products from the Site and have an acceptable means of payment. When placing an order, you warrant that all details provided are accurate. The price of products may vary and it is your responsibility to be satisfied with all charges before you confirm payment for any order.
4.3 All purchases are final, but we reserve the right not to accept any order or to cancel and order and refund your payment. Refunds make take up to 7 business days to be completed and will be repaid by the same means as the original purchase sum was paid unless notified otherwise.
4.5 You use the Site at your own risk and we take no responsibility if your account with us is hacked or compromised due to a failure or absence of anti-virus software or accidental visit to malware sites by you. We regularly update our anti-virus software and we are secured with industry standard security protection but we cannot guarantee the security of any online communications.
4.6 You agree to indemnify, defend and hold harmless Bob Jane T-Marts and its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Site or your breach of these terms.