Terms of Use (“Agreement”)

 

This Agreement was created on 17 March 2015. 

 

1. About this website

Please read these Terms of Use completely using www.jumpandclimb.com.au which is owned and operated by Hodie Dion Nominees Pty Ltd (ACN 006 037 109) trading as ‘Jump & Climb’. This Agreement documents the legally binding terms and conditions attached to the use of the site at www.jumpandclimb.com.au.

 

2. About these terms of use

These website terms of use (“terms of use”) and the associated Privacy Statement (“privacy policy”) govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website.

 

3. Your access/use implies agreement

The website is available for your use only on condition that you agree to these terms of use. By using or accessing the Site in any way, viewing or browsing the Site, using the Services, or adding your own content to the Site, you are agreeing to be bound by these Terms of Use.

 

4. Modifications to the Terms

Jump & Climb reserves the right to modify these Terms of Use at any time. We do so by posting and drawing attention to the updated terms on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Use.

Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the Jump & Climb site immediately.

 

5. Modifications to the information

Jump & Climb does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Jump & Climb.

 

6. Errors and problems

Jump & Climb does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.

 

7. License and Ownership

The copyright for the content on this website is owned or licensed by Jump & Climb and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Jump & Climb.

All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Jump & Climb.

 

8. Jump & Climb Privacy Policy

The Jump & Climb privacy policy governs the use of information collected from or provided by you at the website. A policy statement prepared by Jump & Climb for the purposes of being made available to customers and the general public declaring the company’s commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply is available at https://www.jumpandclimb.com.au/privacypolicy.

 

9. Outbound links

The website may contain links to third-party websites and resources (“linked sites”) or advertisements. These linked sites are provided solely as a convenience to you and not as an endorsement by Jump & Climb. Jump & Climb makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, product, service or application found at any linked site. Jump & Climb may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Jump & Climb website.

You assess or use of the third party sites is at your own risk. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our site. If you purchase any goods or services from them or visit any of their websites, you do so at your own risk.

 

10. Inbound links

Jump & Climb generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Jump & Climb. However, linking to any other page of the website is strictly prohibited, without express written permission from Jump & Climb.

 

11. Jurisdiction

The website is provided for use only by Australian residents. These Conditions of Sale shall be governed by and construed firstly in accordance with the laws of the State in which your purchase is made (the courts of which shall have exclusive jurisdiction) and then in accordance with the laws of the Commonwealth of Australia. If any of these Conditions of Sale should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining Conditions of Sale shall remain and continue to be valid, binding and enforceable.

 

12. Disclaimer of Warranties

Jump & Climb makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

 

13. Limitation of Liability

If Jump & Climb is found responsible for any damages, Jump & Climb is responsible for actual damages only. In no event shall Jump & Climb, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.

 

14. Terminating Access to the Site

Jump & Climb may at any time discontinue or limit access to the Website or its content. Jump & Climb may terminate or limit your assess to the to the Website if you breach these conditions. All disclaimers and limitations of liability by Jump & Climb will survive termination.

 

15. General Conditions of Sale

The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Jump & Climb with respect to the subject matter hereof.

  1. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
  2. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the Jump & Climb that you are able to make a legally binding contract.
  3. Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes where applicable) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
  4. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
  5. Jump & Climb reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with Jump & Climb only comes into existence when Jump & Climb forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
  6. This contract shall be governed by and construed in accordance with the law in effect in the State of Victoria and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Victoria in relation to any dispute between them.
  7. You shall inspect the goods or products purchased immediately upon receipt of said goods, and shall immediately give notice to Jump & Climb if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
  8. Ownership and property in the goods supplied/delivered shall pass from Jump & Climb to you when Jump & Climb accepts your offer and assigns product in the Jump & Climb inventory. Risk passes to you upon pick up of the product or to an agreed delivery point.
  9. Jump & Climb shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Jump & Climb shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
  10. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Jump & Climb in respect of any such use. Jump & Climb is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by Jump & Climb for the consequences of the use of damaged goods by you.
  11. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Jump & Climb implied by the Goods Act, 1958

 

16. Ordering Procedure

You may offer to purchase any of the Jump & Climb products described in the Website for the price specified on the Website.

Your order must contain your name, phone number, e-mail address, credit card details and any other ordering information specified on the Website.

Payment must be effected by credit card using the ordering facility on the Website.

Confirmation of your purchase will be sent to your nominated email address once your payment for the transaction has been cleared. If you do not receive a confirmation email within two business days please contact the Jump & Climb Contact Centre.

You may not cancel an order once it has been submitted and paid, even if a confirmation email from the Jump & Climb is still pending.

If you wish to purchase a Jump & Climb product by telephone, post or by visiting one of the Jump & Climb venues in your State then any such purchase will be governed by these Conditions of Sale (excluding any of the Conditions of Sale that are specific to purchases made using the Website) but including the conditions displayed at the Jump & Climb venue.

 

16.1. Pricing

The prices of the Jump & Climb products shall be the prices displayed on the Website on the date of your order (inclusive of goods and services tax and any other charges which must be mandatorily disclosed under the Competition and Consumer Act 2010 (Cth).
All prices displayed on the Website are quoted in Australian dollars and must be paid in full, except where discounts are offered as detailed on the Website.

16.2 Cancellation due to error or unavailability

You acknowledge that despite Jump & Climb’s reasonable precautions, Jump & Climb’s products may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error, unavoidable circumstances or other oversight. Further, services offered, despite Jump & Climb’s commitment to accommodate customers with regards to any Group Bookings and/or Educational Programs at the Centre, are subject to availability of resources to provide that service. In these circumstances, Jump & Climb reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.
If a cancellation of this nature occurs after your credit card has been charged for the purchase, Jump & Climb will immediately issue a credit to your credit card account for the amount in question.

16.3 Details of conditions applicable to purchase of Jump & Climb products

Details of the conditions applicable to the purchase of Jump & Climb products on the Website may differ from time to time. Jump & Climb reserves the right to make any changes to the details and Conditions of Sale if necessary to comply with any applicable legislation and to change the details and conditions published on the Website, without affording notice, provided that this does not materially affect the nature of the Jump & Climb products purchased by you.

16.4 Order submission and your agreement to these Conditions of Sale

When you click on the “I Agree” checkbox you agree to these Conditions of Sale and Jump & Climb will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. Jump & Climb shall supply you, subject to availability, with Jump & Climb products and/or services set out in your order. Jump & Climb shall confirm each order made online via the Website or by email within three business days.

16.5 Security Policy

When purchasing from the Website your financial details are passed through a secure server.

No transmission over the Internet can be guaranteed as totally secure. Whilst Jump & Climb strives to protect such information, it does not warrant and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to Jump & Climb, including your credit card details, is transmitted at your own risk and Jump & Climb shall have no liability to you for any financial or consequential loss or damage suffered by you in anyway whatsoever arising out of or related to your use of this website whether due to negligence, breach of contract, statute or statutory duty by Jump & Climb.

Once Jump & Climb receives your transmission, it will take reasonable steps to preserve the security of such information.

 

Contact Us

If you have any questions about this Agreement, please feel free to contact us at:

Post:
Jump & Climb
PO Box 9181
Traralgon VIC 3844

Telephone:
(03) 5174 3944

E-mail:
info@jumpandclimb.com.au