JENQUINE

WEBSITE TERMS OF USE

 

1.         ABOUT THIS WEBSITE

1.1     This website: www.jenquine.com (‘Website’) is owned and operated by Sandem Pty Ltd trading as Jenquine ABN: 70 616 613 098 (‘Jenquine’, ‘we’, ‘us’ or ‘our’).

1.2     These Terms of Use (‘Terms’) govern use of this Website by the user (‘you’ or ‘your’).

1.3     In these Terms, ‘use’ or ‘using’ of this Website means:

(a)       Visiting, browsing, accessing or otherwise using any part of this Website or any of its content, information or material.

(b)      Selecting, ordering and/or purchasing Jenquine products offered for sale on this Website.

1.4     Before using this Website, including purchasing Jenquine products offered for sale on this Website, you must read and agree to be bound by these Terms. If you do not agree to these Terms, please do not use this Website.

 

2.         AGREEMENT TO THESE TERMS

2.1     These Terms form a binding contractual agreement between you and Jenquine.

2.2     For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use this Website. You can contact us on +61 2 4365 0806 or at info@jenquine.com.

2.3     By using any part of this Website, you acknowledge and agree that you have read, understood and accept these Terms and you agree to be bound by them.

 

3.         PURCHASING JENQUINE PRODUCTS ON THIS WEBSITE

3.1     Orders:

(a)       By proceeding to purchase through this Website, you acknowledge and agree you:

(i)        Are over 18 years of age.

(ii)      Have full legal capacity to enter these Terms.

(iii)    Are the owner or authorised holder of a valid debit/credit card.

(b)      When placing an order with Jenquine via this Website, we require you to provide:

(i)   Your full name, address, email address and any other required information.

(ii)  A delivery address within Australia. Note that we are unable to deliver to certain addresses, including but not limited to PO Box addresses.

(c)       You confirm that all information you provide in completing your order are true and correct. We will take due care with this information, however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

(d)      We will not be responsible for any delay or failure to process your order if it is not completed properly or accurately.

(e)      We endeavor to process your order within 3 business days from the date you place your order.

(f)        We will communicate with you electronically by email when you order and purchase products from this Website.

(g)       You acknowledge and agree:

(i)        Title to products in your order passes to you when we receive payment on the ordered products in full.

(ii)      All risk of loss or damage to products in your order passes to you when we dispatch the products.

3.2     Products:

(a)       We use reasonable efforts to ensure that our product listings are current, however we give no undertaking as to the availability of any product advertised on this Website.

(b)      We strive to ensure that our products are described as accurately as possible on this Website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

(c)       Images have been provided for illustrative purposes only. We do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

(d)      If the products you have received do not correspond to the ones you have ordered, or if your order is incomplete or has been damaged during shipping, please contact us immediately on +61 2 4365 0806 or at info@jenquine.com.

3.3     Pricing:

(a)       The price charged for a product will be the price in effect at the time you place your order.

(b)      All prices are stated in Australian Dollars (AUD) and are inclusive of GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(c)       We endeavor to ensure our pricing is accurate and up-to-date. Our prices are detailed within the individual product listings.

(d)      We reserve the right to alter, amend or modify our prices, in our sole and absolute discretion, at any time.

(e)      If you have placed an order, we undertake to fulfil your order at the price listed at the time of your order.

3.4     Payment:

(a)       All payment transactions on this Website are processed by our third-party service provider, PayPal Australia Pty Limited (‘PayPal’) using a secure payment system which encrypts and protects financial data. We do not store debit/credit card or payment information on Jenquine servers. Please read and consider PayPal’s security measures on their website here.

(b)      You must be the owner or authorised holder of the debit/credit card used for payment of an order.

(c)       At checkout you will be redirected to PayPal’s website to finalise your order. Once your order has been finalised, you will receive email confirmation of your payment and details of your order.

(d)      If your payment cannot be processed, you will be redirected back to this Website and must reinitiate payment to complete your order.

3.5     Shipping:

(a)       We only supply and dispatch our products within Australia.

(b)      Our shipping policy is to include Australia Post shipping and packaging charges in prices listed on this Website, unless stated otherwise within individual product listings. We reserve the right to alter, amend or modify our shipping policy, in our sole and absolute discretion, at any time.

(c)       We endeavour to process and dispatch your order within 3 business days from the date you place your order, excluding New South Wales public holidays and holiday periods.

(d)      On the rare occasion where any Jenquine product is on back order and not immediately available, we will endeavour to dispatch your order within 10 business days from the date you place your order, excluding New South Wales public holidays and holiday periods.

(e)      Orders are shipped by Australia Post. We reserve the right in our sole and absolute discretion to substitute another carrier of equal or lesser cost to ship your order. Following dispatch, shipping time depends on your location and Australia Post timeframes. We are not responsible for delays in shipping caused by Australia Post or other third-parties. You acknowledge and agree that unforeseen delays may occasionally occur which may result in delay in dispatch and shipping of your order.

(f)        You acknowledge and agree that the address to which we ship your order is the address you provide for shipping as part of your order, or any other address we may subsequently agree to accept (‘Shipping Address’).

(g)       We will not ship your order if you do not provide us with the full Shipping Address and/or any other shipping details requested when you place your order.

(h)      If you have provided an incomplete or inaccurate Shipping Address which results in an unsuccessful shipment and the package is returned to Jenquine, you will be responsible for the relevant shipping charges to have the order re-shipped to you.

(i)        You acknowledge and agree that we may rely on any person who is at the Shipping Address, and who takes receipt of your order, as being authorised for that purpose.

3.6     Cancellation by us:

(a)       We reserve the right in our sole and absolute discretion to cancel your order before delivery, in whole or in part. We may do this even where you have made payment for your order. We are not required to give reasons for cancellation of your order, however we will endeavor to give you such reasonable cancellation notice as we are able to provide via any of the contact details you have provided us. The circumstances in which we may cancel your order include:

(i)        Any product in your order is out of stock.

(ii)      The information you have provided us appears to be incomplete or inaccurate.

(iii)    Your order is in breach of these Terms or any applicable laws.

(iv)    Your payment has been declined.

(v)      A product has been listed at an incorrect price, has been misdescribed, or contains an incorrect image as a result of an error, whether by human, technological system or other.

(b)      Where we cancel your order, we endeavor to process a refund for the amount of the cancelled order within a reasonable timeframe.

3.7     Cancellation by you:

(a)       You acknowledge and agree that you cannot change or cancel your order once it has been placed, irrespective of whether processing of your order is pending.

(b)      If you wish to change or cancel your order, you can contact us on +61 2 4365 0806 or at info@jenquine.com. Please be aware that our office hours may vary depending on the day of the week and the time of year. If we agree to changing or cancelling your order after it has been placed, we may do so subject to you complying with our requests, including but not limited to providing us with proof of purchase and paying us an amount we request on account of our reasonable costs for processing the change or cancellation.

3.8     Returns and Refunds:

(a)       You may return or exchange your purchase, including if you change your mind, in accordance with the following requirements:

(i)        You provide proof of purchase on products.

(ii)      We receive products within 15 days from the shipment date.

(iii)    Products are returned in saleable condition. That is, products must be: in original condition and must not have been opened or used; within the best before or use by date; and packaging must not be damaged and in original condition.

(b)      For returns or exchanges, you must notify us by email us at info@jenquine.com and we will provide you with our requirements and instructions relating to exchange or return of products.

(c)       Outside of the above timeframe, in the event your purchase is faulty, damaged, misdescribed or breaches a consumer guarantee, we will happily refund your money or exchange the product upon presentation of your proof of purchase.

(d)      Our returns policy includes the rights you have under the Australian Consumer Law, as detailed in clause 10.

(e)      Refunds will be credited to your original method of payment within 7 business days of us receiving the products and the refund being approved.

(f)        We will cover the relevant shipping charges incurred for the cost of returning products if the products you have received do not correspond to the ones you have ordered, if there is a fault with products, if damage has been caused to products during shipping, or where we have breached a consumer guarantee. In all other circumstances, including if you change your mind, the relevant shipping charges will be deducted from your refund.

(g)       We will cover the relevant shipping charges for products exchanged.

 

4.         WEBSITE CONTENT

4.1     We take proper care and precaution to ensure that all content, information and material offered on this Website is accurate and up-to-date.

4.2     We reserve the right to alter, amend, modify, restrict, terminate or suspend any of the content, information, material or products made available on this Website, in our sole and absolute discretion, from time to time, without notice to you.

4.3     Linked Sites and User Generated Content:

(a)       This Website may contain links to other websites, which are owned or operated by third-parties (‘Linked Sites’) as well as content added by people other than us (‘User Generated Content’).

(b)      We do not control, endorse, recommend, sponsor or approve Linked Sites or User Generated Content. We are not responsible or liable for content, information, material or products on Linked Sites or in User Generated Content, nor for its legality, originality and copyright, nor for any associated person, organisation, operator, product or service.

(c)       Linked Sites are provided for information purposes only, which you may access in your sole and absolute discretion.

(d)      Linked Sites are not subject to these Terms or to Jenquine’s Privacy Policy. Accordingly, you should check the terms and privacy policy contained on any Linked Sites you visit.

(e)      Linking to this Website is not permitted. We reserve the right to prevent third-parties from linking to this Website.

4.4     Third-Party Advertising:

(a)       This Website may feature or display third-party advertising. Jenquine does not control, endorse, recommend, sponsor or approve third-party advertising. We are not responsible or liable for third-party advertising, or for any associated organisation, operator, product or service.

 

5.       WEBSITE USE

5.1     We grant you a non-exclusive, worldwide, non-transferable licence to use this Website in accordance with the terms and conditions set out in these Terms.

5.2     You may access and use this Website, including any incidental copying that occurs as part of that use, in the normal manner and may also print one copy of any page within this Website for your own personal, non-commercial use.

5.3     You acknowledge and agree that:

(a)       We retain complete editorial control over this Website. We reserve the right to alter, amend, modify, restrict, terminate or suspend operation of this Website, in our sole and absolute discretion, from time to time, without notice to you.

(b)      This Website will not operate on a continuous basis, and may be unavailable from time to time, including for maintenance purposes.

5.4     You acknowledge and agree to access and use this Website:

(a)       In accordance with these Terms and with all applicable local, state, national and international laws, regulations, rules, codes or other legal obligations.

(b)      For personal, non-commercial use only.

(c)       In a manner that takes the necessary precautions to ensure the process you use to access this Website does not expose you to vulnerabilities, viruses, defects or other harmful components that may damage your own computer system.

(d)      In a manner that does not damage, incapacitate, circumvent security, place unreasonable burden or otherwise disrupt the operation of this Website or the servers or networks that host this Website, nor interfere with any other party’s use of this Website.

5.5     You must not add any content to this Website unless you hold all necessary rights, licences and consents to do so.

5.6     You must not send unsolicited communications, advertising or promotional material, including spam, junk mail, chain letters or pyramid schemes to us. This includes use of contact information provided on this Website. Nor must you spam or send unsolicited communications, advertising or promotional materials to any other party.

5.7     You acknowledge and agree not to access and use this Website in a manner that:

(a)       Would cause you or us to breach any local, state, national and international law, regulation, rule, code or other legal obligation.

(b)      Is or could reasonably be considered to be obscene, inappropriate, defamatory, tortuous, disparaging, indecent, seditious, offensive, pornographic, harmful, threatening, abusive, stalking, harassing, liable to incite racial hatred, discriminatory, blasphemous or otherwise offensive. This includes using this Website to communicate, publish or distribute any material of such nature.

(c)       Violates the rights of any third-party.

(d)      Misleads, deceives, invades or is in breach of another’s privacy or confidentiality.

(e)      Infringes the copyright, trade marks or other intellectual property rights of any third-party.

(f)        Brings Jenquine, its directors, officers, employees, agents or contractors into disrepute, or brings this Website into disrepute.

(g)       Gives the impression that content derives from Jenquine, its directors, officers, employees, agents or contractors.

(h)      Scrapes, indexes, reproduces, redistributes or republishes any part of this Website.

(i)        Accesses, scrapes or archives content such as scripting software, using automated means.

(j)        Distributes or links to any malware or malicious code, including computer viruses, worms, trojan horses, logic bombs, spyware, adware or any other program that may disrupt, destroy, damage, harm, limit, circumvent security measures, or cause undesirable effects to the functionality of computer software, hardware, networks or telecommunications systems.

(k)       Manipulates, alters or circumvents and prices listed on this Website.

5.8     We reserve the right to remove any content, information or material from this Website, Jenquine’s blog and/or any social media platforms we manage, which is found to be in breach of these Terms, copyright or any other intellectual property rights, or which we deem in our reasonable opinion to be illegal and/or inappropriate.

5.9     We reserve the right to notify the relevant law enforcement authority regarding any fraudulent or illegal activity in the use of this Website.

 

6.         INTELLECTUAL PROPERTY RIGHTS

6.1     Jenquine reserves all rights in relation to intellectual property on this Website.

6.2     Nothing in these Terms gives you the right to use any of the intellectual property on this Website, nor does it constitute a transfer of any intellectual property rights.

6.3     You acknowledge and agree that, as between you and Jenquine, we own or licence all intellectual property featured or displayed on this Website, including but not limited to content, graphics, design, text, images, icons, layout, appearance, logos, distinctive brand features, trade marks and software. This intellectual property is protected by Australian and international laws.

6.4     Use of this Website and its content is for personal use only. Except as may be otherwise indicated on this Website, you are authorised to view, play, print and download content contained on this Website for personal, informational and non-commercial purposes only.

6.5     Your use of this Website is subject to the Copyright Act 1968 (Cth) and any other similar laws. Except as permitted by applicable laws, you must not use, replicate, reproduce, publish, licence, store, convey, distribute, transmit, transfer, display, perform, create derivative works from, alter, modify or sell any part of this Website or its content, information or material, without our prior express written consent, or in the case of third-party material, without the copyright owner’s prior express written consent.

6.6     The names, logos or badges of any other organisations and/or their associated products or services contained on this Website may be trade marks of their respective owners and are used under licence with their consent.

6.7     By posting or adding any content onto this Website, Jenquine’s blog and/or any social media platforms we manage, you automatically grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide and transferrable right and licence to use, copy, display and distribute the content in any way, to create derivative works of the content, or incorporate the content in other works so as to publish and promote the content, and permit us to authorise any other party to do the same thing. This includes, without limitation, publishing testimonials, comments, feedback, ideas or suggestions on this Website, Jenquine’s blog and/or any social media platforms we manage.

6.8     You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third-party has moral rights, you must also ensure that the third-party also consents in the same manner.

6.9     The licence in clause 6.7 will survive any termination of these Terms.

6.10 You expressly warrant and represent to us that you have all necessary rights to grant the licences and consent set out in clauses 6.7 and 6.8.

 

7.         WARRANTIES

7.1     You expressly warrant and represent to us that:

(a)       You are 18 years of age or over, and have full legal capacity to enter these Terms.

(b)      You have had sufficient opportunity to access, read, understand and accept these Terms.

(c)       You will comply with these Terms and use this Website in accordance with these Terms and with all applicable laws, only for lawful purposes.

(d)      All information you supply Jenquine through this Website is true, accurate, complete and up-to-date.

 

8.         LIMITATION OF LIABILITY AND DISCLAIMER

8.1     This Website is provided on an ‘as is’ basis. We do not make any warranties or representations of any kind, express or implied, about the content, information, material or products offered on this Website or any Linked Sites, or to the accuracy, availability, reliability, completeness, contemporariness, performance or relevance of any such content, information, material or products, except as otherwise provided by applicable laws.

8.2     Use of this Website and any Linked Sites is at your own risk. By using this Website or any Linked Sites, you acknowledge and agree that to the full extent permitted by applicable laws, we are not liable to you or any third-party for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation:

(a)       Damages for loss of profits, use, data, goodwill, interruption of business, or any other intangible losses arising from or connected with the use, performance or reliability of this Website or any Linked Sites.

(b)      Delay or inability to use or rely on this Website or any Linked Sites.

(c)       Unauthorised access to this Website or any Linked Sites.

(d)      Alteration of any transmission of data.

(e)      Any other matter related to this Website or any Linked Sites.

8.3     You acknowledge and agree that we are not liable for any alterations, amendments, modifications, restrictions or suspension of the content, information, material or products made available on this Website or on Linked Sites.

8.4     To the full extent permitted by applicable laws, we do not guarantee or accept any legal liability arising from or connected to the accuracy, availability, reliability, completeness, contemporariness, performance or relevance of content, information or material contained on this Website or any Linked Sites.

8.5     The content, information or material offered on this Website is for general use only. Reliance on any content on this Website is entirely at your own risk.

8.6     We do not make any warranties or representations that this Website or any Linked Sites is free from vulnerabilities, viruses, defects or other harmful components that may damage your own computer system.

8.7     We do not guarantee secure or uninterrupted access to this Website or any Linked Sites, and are not liable for unsecure or interrupted access resulting from technical difficulties beyond our control.

8.8     The opinions and views expressed on Jenquine’s blog and/or any social media platforms we manage reflect the personal opinions and views of the individual author and not the opinions or views of Jenquine.

8.9     You assume full responsibility for the information you supply us. You acknowledge and agree that neither you nor any third-party may hold Jenquine liable for any inaccuracies, errors, omissions, faults, delays, loss or damage caused by incorrect information you supply us.

8.10 This clause will survive any termination of these Terms.

 

9.         NO DIETARY ADVICE AND VETERINARY CARE

9.1     To the full extent permitted by applicable laws, we do not accept any legal liability for any death, injury, illness or damage arising from or connected to any use of content, information or material offered on this Website, Jenquine’s blog, social media platforms, email communications and/or telephone communications. You acknowledge and agree that we are not liable for an animal’s dietary, nutritional or veterinary care; medical, health or fitness condition; diagnosis; treatment; and oversight.

9.2     All content, information or material offered on this Website, Jenquine’s blog, social media platforms, email communications and/or telephone communications:

(a)       Is for general use and informational purposes only, and does not consider personal circumstances, requirements or obligations.

(b)      Does not constitute dietary, nutritional, medical or health advice, nor does it constitute veterinary opinion.

(c)       Should not be relied upon as advice and is not intended to be a substitute for advice, diagnosis or treatment provided by a veterinary health professional or other appropriate professional.

(d)      Should not be used for diagnosing or treating an animal’s medical, health or fitness condition, nor disease.

9.3     Before relying or acting on the content, information, material or products made available on this Website, Jenquine’s blog, social media platforms, email communications and/or telephone communications, you should carefully evaluate the accuracy, availability, reliability, completeness, contemporariness, performance or relevance for your purposes.

9.4     You must always consult and seek the guidance and advice of a veterinary health professional or other appropriate professional with any questions you may have specific to your circumstances regarding an animal’s medical, health or fitness condition. You must never disregard professional advice or delay in seeking it because of content, information or material offered on this Website, Jenquine’s blog, social media platforms, email communications and/or telephone communications.

9.5     If you think an animal has a medical emergency, veterinary condition, illness or abnormality, you should call or visit a veterinary health professional or your local veterinary hospital immediately.

9.6     This clause will survive any termination of these Terms.

 

10.     AUSTRALIAN CONSUMER LAW

10.1 We acknowledge that certain legislation including the Australian Consumer Law (‘ACL’) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws may provide you with certain rights, warranties and remedies relating to our supply of goods and services to you, which cannot be excluded, restricted or modified.

10.2 Nothing in these Terms excludes your consumer rights under the ACL. We provide all of the consumer guarantees contained in the ACL. Where there is a breach of any of the applicable consumer guarantees contained in the ACL, then to the full extent permitted by applicable laws, we limit our liability in respect of any claim to, at our option:

(a)       In the case of goods:

(i)        The replacement of the goods or the supply of equivalent goods;

(ii)      The repair of the goods;

(iii)    The payment of the cost of replacing the goods or acquiring equivalent goods; or

(iv)    The payment of having the goods repaired.

(b)      In the case of services:

(i)        The supply of services again; or

(ii)      The payment of the cost of having the services supplied again.

10.3 To the full extent permitted by applicable laws, we exclude all warranties, representations, terms and guarantees, whether express or implied, with the exception of those expressly set out in these Terms and your rights under the ACL.

10.4 This clause will survive any termination of these Terms.

 

11.     INDEMNITY

11.1 You assume full responsibility and agree to indemnify, defend and hold Jenquine, its directors, officers, employees, agents or contractors harmless for and against any and all liability or expense which may arise from all kinds of claims, liabilities, actions, proceedings, suits, judgements, losses, damages, litigation costs and legal fees resulting directly or indirectly from:

(a)       Your use of this Website or any damage you may cause to this Website.

(b)      Any information you provide, either through this Website or otherwise, that is not accurate, complete or up-to-date, or is misleading or a misrepresentation.

(c)       Your breach of these Terms.

(d)      Any misuse of our goods or services by you, your employees, agents or contractors.

(e)      Your breach of any law or third-party rights.

11.2 You agree to cooperate with us, at your own expense, in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of this Website or our goods or services, including but not limited to disputes, complaints, investigations or litigation that arise out of or relate to incorrect information you have given us.

11.3 This clause will survive any termination of these Terms.

 

12.     PRIVACY

12.1 We respect your privacy and are committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth). Please read the Privacy Policy provided on this Website.

12.2 Our Privacy Policy supports the Australian Privacy Principles and sets out the basis on which we collect, use, store and disclose your personal information, as well as your rights to access your personal information, and how you can contact us about our privacy practices.

 

13.     TERMINATION

13.1 We reserve the right in our sole and absolute discretion to suspend or terminate your access to this Website at any time, for any reason, including but not limited to breach of these Terms. Such suspension or termination will not affect neither party’s rights or liabilities.

13.2 These Terms terminate automatically if, for any reason, we cease to operate this Website.

13.3 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

13.4 If you breach these Terms, we reserve the right to take all necessary action, including legal action, to enforce our rights against you. All rights not expressly granted in these Terms are reserved.

 

14.     EVENTS BEYOND CONTROL

14.1 Neither party will be liable to one another for any loss caused by any failure to observe these Terms where such failure is occasioned by causes beyond a party’s reasonable control, including but not limited to fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.

 

15.     SEVERABILITY

15.1 If any part of these Terms is deemed invalid or unenforceable, then those parts may be severed and the other parts of these Terms will remain unaffected and continue in full force and effect.

 

16.     GOVERNING LAW

16.1 These Terms are governed by the laws of New South Wales, Australia.

16.2 You acknowledge and agree that the courts of New South Wales have exclusive jurisdiction to settle any claim or dispute which may arise out of or in relation to this Website or these Terms.

 

17.     ENTIRE AGREEMENT

17.1 These Terms and our Privacy Policy comprise the entire agreement and understanding between you and Jenquine on everything connected with the subject matter of these Terms, and supersede any prior understanding, discussion, arrangement, representation, agreement or warranty, whether written or oral, and will have effect from the date of these Terms.

 

18.     UPDATES TO THESE TERMS

18.1 These Terms were last updated on 27 August 2019.

18.2 These Terms replace any other Website terms published by us to date.

18.3 We reserve the right to alter, amend, modify or otherwise update these Terms in our sole and absolute discretion, from time to time, without notice to you.

18.4 Updates will be effective immediately upon publication on this Website. You should check this page from time to time to make sure you are aware of any updates.

18.5 By continuing to use this Website after publication of any updates, you acknowledge and agree that you have read, understood and accept to be bound by these Terms as altered, amended, modified or otherwise updated.

 

19.     GENERAL

19.1 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

19.2 Each party must at its own expense do everything reasonably necessary to give full effect to this agreement and the events contemplated by it.