Legal & Privacy.php.
The web site owners warrant that all personal information submitted by visitors to the web site will remain the confidential property of the site owners and will not be intentionally sold or given to any third party under any circumstances.
The products and services offered for sale by Jestomic are only available to individuals who can make legally binding contracts. The products and services are not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts. Any party engaging in illegal activities involving the use of this web site will be subject to civil and criminal prosecution. Jestomic cannot guarantee that it will give notice of any illegal or inappropriate use of this web site.
30-day money back guarantee. Ensuring that our customers are 100% satisfied is very important to Jestomic. If for any reason you are not satisfied with your purchase, simply return the product undamaged in sellable condition and we will replace it, exchange it or refund your money at our discretion. If you want to return a product for a refund or exchange, you can do so by returning the item in a salable condition to: Jestomic Refunds, PO Box 2865, Nerang Business Centre,QLD 4211 Depending on the payment method used to purchase the item, we will either: Credit your credit card or Post you a cheque
Information provided to us: You agree to: Provide certain current, complete and accurate information about yourself as prompted to do so by this web site and Maintain and update this information as required to keep it current, complete and accurate. When you provide any user information you are representing and warranting that all of the information is true and correct and are agreeing to indemnify Jestomic for any losses, costs expenses or damages that Jestomic may suffer if any of this information is not correct.
Terms of Purchase
Prices of products, services, delivery and other charges displayed on the web site are current at time of issue, but may change at any time and are subject to availability. The availability of the products and services may change from time to time. All accounts are set up on a pre pay basis * either by a secure credit card online payment accepting all mayor credit cards or: By calling our free 1800 number and submit an order and card details. All orders will be sent within 2 working days and if we are unavailable to achieve this for any reason we will let you know. Freight times may vary from 5-10 days from date of dispatch
Restrictions on use of content and intellectual property the web site
Public use of the web site
User licence to Jestomic
By posting any information or other material on the web site (including posting messages, uploading files, inputting data or engaging in any other form of communication), the user grants to Jestomic a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material: 1. Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and 2. Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. The user expressly waives in favour of Jestomic and any other party authorised by Jestomic all moral rights and any similar rights in any jurisdiction, which the user may have or hereafter acquire in respect of any relevant communication or other material. At the request of Jestomic, and expense of the user, the user will execute and deliver to Jestomic such instruments and take such other actions as may be required to carry out this grant of licence and waiver
Advertising, links to third party websites and e-commerce offers
Limitation of liability and Disclaimer
The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by Jestomic of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). Jestomic does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) Jestomic and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Jestomic does not warrant that the functions contained in any content or any public interface or user access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits content to the user are free of viruses or any other harmful components, d) Jestomic does not warrant or make any representation regarding the users access to, or the results of the users access to, the web site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) the user (and not Jestomic) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content. Under no circumstances (including but not limited to any act or omission on the part of Jestomic) will Jestomic or its partners or members be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any content. The user expressly acknowledge and agrees that Jestomic does not exert control over users of the web site and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, Jestomic' liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Jestomic to the following: in the case of services supplied or offered by Jestomic, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by The Jestomic, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
Product Release and Indemnity
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against Jestomic Pty Ltd, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction. You hereby agree to indemnify, defend and hold Jestomic Pty Ltd, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax including GST, liability and/or expense that may be incurred by Jestomic Pty Ltd's products, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these terms and conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Jestomic Pty Ltd, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of your use of the website or products, the breach of these terms and conditions, or the infringement of any intellectual property or other right of any person.
Variation of These Terms and Conditions
Jestomic Pty Ltd may change these terms and conditions from time to time. Any changes will be posted on the website. You are responsible for reviewing the website to ensure compliance with these terms and conditions (as varied from time to time).