The Jarvis Barossa Website is a service provided for the following purposes:
a) informing its Customers,
b) enabling Customers to provide information to Jarvis Barossa
By accessing or otherwise using the Jarvis Barossa Website you agree to be bound by these conditions of use and you acknowledge that Jarvis provides the Jarvis Barossa Website to you on these conditions of use. Jarvis is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the Jarvis Barossa Website at any time without notice. Your continued use of the Jarvis Barossa Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.
Intellectual Property Protection
Jarvis owns all intellectual property in the Jarvis Barossa Website, unless indicated otherwise. Subject to these conditions of use, Jarvis grants to you a non-exclusive and non transferable limited licence to do the following:
- View and download information directly accessible through the Jarvis Barossa Website.
- Use information directly accessible through the Jarvis Barossa Website.
You agree that, subject to your use of the Jarvis Barossa Website in accordance with the limited licence granted to you, you will not infringe Jarvis' intellectual property in the Jarvis Barossa Website and will not modify, copy, republish, frame, distribute or communicate any part of the Jarvis Barossa Website or any information contained therein or otherwise use them in a way which will infringe Jarvis' intellectual property or other property rights.
Except as provided by law, the Jarvis Barossa Website is provided "as is" and without any warranty or condition, express or implied. Jarvis does not warrant that the information contained in or accessible through the Jarvis Barossa Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Jarvis guarantee continuous, uninterrupted or secure access to the Jarvis Barossa Website.
You acknowledge that access and use of the Jarvis Barossa Website (including the software operating in connection with the Jarvis Barossa Website) may be interfered with by numerous factors outside of Jarvis' control. Jarvis does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Jarvis Barossa Website. Subject to the provisions of the Competition and Consumer Act 2010, Jarvis makes no representations or warranties in respect of the information and materials available on the Jarvis Barossa Website or the means of accessing that information and material (including the software operating in connection with the Jarvis Barossa Website).
Jarvis Barossa makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Jarvis which are or may become linked or framed to or from the Jarvis Barossa Website.
Use of Information
If you upload or otherwise provide any information or content ('Content') in the course of accessing or using the Jarvis Barossa Website, you agree that such Content will be available to Jarvis to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
- infringes the intellectual or other proprietary interests of third parties; or
- impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Jarvis considers to be inappropriate; or
- violates any law, statute or regulation; or
- forges information to disguise the origin of any Content; and
- encourages or incites any other Customer to engage in any of the above behaviour.
You agree to grant Jarvis a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.
Limitation of Liability
You agree that Jarvis is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the Jarvis Barossa Website, the use by Jarvis of information provided by you to Jarvis through the Jarvis Barossa Website or any such loss or damage which may arise should you be unable to access the Jarvis Barossa Website, for whatever reason and however arising, including negligence.
To the extent that Jarvis is able to limit the remedies available under these conditions of use, Jarvis expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Jarvis' sole discretion):
- in the case of goods, any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the payment of the costs of replacing the goods or of acquiring equivalent goods; or
- the payment of the costs of having the goods repaired; and
- in the case of services:
- supply of the services again; or
- the payment of the cost of having the services supplied again.
You indemnify Jarvis against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any term of these conditions of use; or
- any breach or inaccuracy in any of your representations or warranties.
Jarvis is not liable for content or functions on the Jarvis Barossa Website provided by third parties.
Breach and termination
Choice of Law and Use of Jarvis Barossa Website
These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Soiuth Australia, Australia. Jarvis has designed the Jarvis Barossa Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Jarvis Barossa Website outside the Commonwealth of Australia. The Jarvis Barossa Website is available only to people in Australia who can form legally binding contracts under applicable law.