Terms of Use

1.         About this Website

 

(1)            This website is published by Generic Publications Pty Limited ACN 104 215 241 ("Publisher").

 

(2)            Your use of www.joycemayne.com.au (“website”) is subject to these terms of use (“Terms”).   If you do not accept these Terms, you must refrain from using this website or making a purchase from the website. 

 

2.         About Joyce Mayne Online

 

(1)            Agency Ecommerce Pty Ltd A.C.N 145 985 682 (trading as “Joyce Mayne Online”) of A1 Richmond Road, Homebush West NSW 2140 (“Joyce Mayne Online”), carries on business from the website. 

 

(2)            Joyce Mayne Online is an independently owned and operated business.

 

(3)            Joyce Mayne Online is an independent franchisee that has been granted a franchise by JM Online Franchisor Pty Ltd ACN 148 935 282 (“Joyce Mayne”), and a limited licence by a related body corporate of Joyce Mayne, to trade as “Joyce Mayne Online” from the website.  Neither Joyce Mayne nor any related body corporate of Joyce Mayne sell any goods whatsoever.

 

(4)            The offers made in the website are made and are only available from www.joycemayne.com.au.

 

3.         Offer Goods

 

(1)            Joyce Mayne Online will offer each item of the goods described in this website ("Offer Goods") for sale until the date specified in a Joyce Mayne Online catalogue, or if the Offer Goods have not been advertised in a Joyce Mayne Online catalogue, until such time as the Offer Goods are removed from this website, ("Offer Period"), at not greater than the price specified in this website for that item ("Offer Price"), subject to these Terms. 

 

4.         About Joyce Mayne Stores

 

(1)            Each enterprise carrying on business under any name or style including the words "Joyce Mayne" other than from the website is operated by an independent franchisee pursuant to a franchise granted by another related body corporate of Joyce Mayne ("Other Joyce Mayne Franchisee").  Joyce Mayne Online is not related to Other Joyce Mayne Franchisees.

 

(2)            Each Other Joyce Mayne Franchisee carries on business from a retail store located in a Joyce Mayne Complex, which complexes are located throughout Australia.  Other Joyce Mayne Franchisees do not offer any goods for sale on this website.

 

(3)            The Offer Goods may not be on show or available from Other Joyce Mayne Franchisees, and where the Offer Goods are available from an Other Joyce Mayne Franchisee, the price for the Offer Goods may vary from the Offer Price.  If you wish to view the Offer Goods in person or enquire whether the Offer Goods are available to purchase from an Other Joyce Mayne Franchisee, you should ring 1300 JOYCE MAYNE (1300 569 236) before attending any Joyce Mayne complex to check to see if an Other Joyce Mayne Franchisee has the Offer Goods in store.

 

(4)            Each Other Joyce Mayne Franchisee expressly do not represent that any item of Offer Goods will be offered by or available from any Other Joyce Mayne Franchisee at the Offer Price, or at all.

 

5.         Raincheck policy

 

(1)            If Joyce Mayne Online has sold out of, or is temporarily out of stock, of any item of Offer Goods during the Offer Period, then Joyce Mayne Online will offer each person who requests supply of that item during the Offer Period, a raincheck, so that the person may purchase later, from Joyce Mayne Online, either, a product the same as that item at not greater than the Offer Price, or an alternative product with similar features with equivalent or a higher value, at a price for that item not greater than an amount equivalent to the Offer Price.

 

(1)            Except for the Publisher that publishes this website, each of Harvey Norman Holdings Limited ("HNH"), each subsidiary of HNH, and each Other Joyce Mayne Franchisee do not publish, make, or authorise any offer or representation by this website.

 

(2)            Images of goods published in this website without any advertised price beside that image are not offered for sale.

 

(3)            Photographs are for illustrative purposes only and may vary from goods depicted or described.

 

(4)            Australian Made references in this website are only applicable to Furniture goods.

 

(5)            International visitors to this website should not rely on information contained in this website, including without limitation specifications or pricing.  International orders are unable to be accepted.

 

7.         Website Content

 

(1)            The Publisher may, at any time, add or remove content from this website without notice.

 

(2)            Any articles, information or content published on this website must be read subject to these Terms.

 

(3)            Although the Publisher uses its best endeavours to confirm the accuracy of any information published on this website, you agree that the Publisher cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to the Publisher or by manufacturers or suppliers changing product specifications without notice to Joyce Mayne Online or the Publisher.  You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

 

(4)            The information, materials and services in this website is provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.

 

(5)            This website may feature or display third party advertising or content.  By featuring or displaying such advertising or content, the Publisher does not in any way represent that the Publisher recommends or endorses the relevant advertiser, its products or services.

 

(6)            The Publisher nor any third party will be liable for any errors in content, or for any actions you take in reliance on them.  You nor any other person may hold the Publisher liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.

 

(7)            Joyce Mayne Online may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties.  These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk.  The Publisher does not accept any responsibility in connection with your participation in activities conducted by any other party.

 

8.         Your Use of the Website

 

(1)            You agree to use this website only for purposes that are permitted by these Terms, any applicable law or regulation and/or generally accepted practices or guidelines.

 

(2)            You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website.  You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.

 

(3)            You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

 

(4)            The Publisher may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.

 

(5)            The Publisher may in its sole discretion restrict your access to this website.  If the Publisher does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account.  The Publisher will not be liable to you or any third party for doing so.

 

(6)            As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.

 

(7)            The Publisher may impose limits or restrictions on the use you may make of this website.  Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, the Publisher may withdraw this website, or change or remove website functionality at any time without notice to you.

 

9.         Intellectual Property Rights

 

(1)            The Joyce Mayne logos are registered trade marks of Harvey Norman Retailing Pty Limited and used under limited license by Joyce Mayne Online. 

 

(2)            You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by the Publisher, the Franchisor, or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner.  These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any of them. 

 

(3)            Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person.  The Publisher makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

 

(4)            You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of the Publisher or, in the case of third party material, from the owner of the copyright in that material.

 

(5)            You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

 

(6)            If you correspond or otherwise communicate with the Publisher, you automatically grant to the Publisher an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.

 

10.      Links to Other Websites

 

(1)            This website may contain links to other websites, content or resources, which are owned or operated by third parties.  These linked websites are not under the Publisher’s control and the Publisher is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website.  The Publisher provides these links to you for convenience only and the inclusion of any link does not imply the Publisher’s endorsement of the linked website.  You access linked websites at your own risk.  Subject to any non-excludable rights, the Publisher disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites.  You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.

 

(2)            The Publisher reserves the right to prevent third parties from linking to this website.

 

11.      Secure Data and Transmissions

 

(1)            Given the nature of the internet, the Publisher cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and the Publisher does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected.  Whilst the Publisher and its third parties take precautions to protect information, the Publisher does not warrant and cannot ensure the security of any content or information you transmit via the website.  You therefore transmit to the website at your own risk.  However, once the Publisher or its third party receives your transmission, the Publisher and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact our Customer First Team immediately.

 

(2)            You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  For the avoidance of doubt, neither the Publisher nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.

 

12.      Cookies

 

(1)            Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser). 

 

13.      Use of Your Information and Material

 

(1)            The Publisher appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website.  Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of the Publisher.  The Publisher may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

 

14.      Privacy Policy

 

(1)            The Publisher’s Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

 

15.      Disclaimer

 

(1)            Each of HNH, each subsidiary of HNH and the Publisher make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.

 

(2)            Each of HNH, each subsidiary of HNH and the Publisher do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website.  To the maximum extent permitted by law, each of HNH, each subsidiary of HNH and the Publisher disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

 

(3)            The use of the information on this website is at your own risk.  To the extent permitted by law, each of HNH, each subsidiary of HNH and the Publisher exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email.  This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, each of HNH, each subsidiary of HNH and the Publisher limit their liability to the re-supply of the relevant information or services.

 

(4)            You agree to indemnify each of HNH, each subsidiary of HNH and the Publisher and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

 

16.      Governing Law and Jurisdiction

(1)            These Terms are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect. If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.  The Publisher makes no representations that the content of this website complies with the laws of any country outside Australia.

 

17.      General

 

(1)            These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

JM Website Terms of Use Version 3.0 September 2011