terms
WEBSITE
THIS WEBSITE IS OPERATED BY ‘JPB EMPIRE PTY LTD’. THROUGHOUT THE SITE, THE TERMS “WE”, “US” AND “OUR” REFER TO ‘JPB EMPIRE PTY LTD’. JPB EMPIRE PTY LTD OFFERS THIS WEBSITE, INCLUDING ALL INFORMATION, TOOLS AND SERVICES AVAILABLE FROM THIS SITE TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES AND NOTICES STATED HERE.
BY VISITING OUR SITE AND/ OR PURCHASING SOMETHING FROM US, YOU ENGAGE IN OUR “SERVICE” AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”, “TERMS”), INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/ OR CONTRIBUTORS OF CONTENT.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.
ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO THE CURRENT STORE SHALL ALSO BE SUBJECT TO THE TERMS OF SERVICE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME ON THIS PAGE. WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND/OR CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES. OUR STORE IS HOSTED ON SHOPIFY INC. THEY PROVIDE US WITH THE ONLINE E-COMMERCE PLATFORM THAT ALLOWS US TO SELL OUR PRODUCTS AND SERVICES TO YOU.
SECTION 1 - ONLINE STORE TERMS
BY AGREEING TO THESE TERMS OF SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN COUNTRY OF RESIDENCE, OR THAT YOU ARE THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE AND YOU HAVE GIVEN US YOUR CONSENT TO ALLOW ANY OF YOUR MINOR DEPENDENTS TO USE THIS SITE.
YOU MAY NOT USE OUR PRODUCTS FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE NOR MAY YOU, IN THE USE OF THE SERVICE, VIOLATE ANY LAWS IN YOUR JURISDICTION (INCLUDING BUT NOT LIMITED TO COPYRIGHT LAWS).
YOU MUST NOT TRANSMIT ANY WORMS OR VIRUSES OR ANY CODE OF A DESTRUCTIVE NATURE.
A BREACH OR VIOLATION OF ANY OF THE TERMS WILL RESULT IN AN IMMEDIATE TERMINATION OF YOUR SERVICES.
SECTION 2 - GENERAL CONDITIONS
WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.
YOU UNDERSTAND THAT YOUR CONTENT (NOT INCLUDING CREDIT CARD INFORMATION), MAY BE TRANSFERRED UNENCRYPTED AND INVOLVE (A) TRANSMISSIONS OVER VARIOUS NETWORKS; AND (B) CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. CREDIT CARD INFORMATION IS ALWAYS ENCRYPTED DURING TRANSFER OVER NETWORKS.
YOU AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, RESELL OR EXPLOIT ANY PORTION OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE OR ANY CONTACT ON THE WEBSITE THROUGH WHICH THE SERVICE IS PROVIDED, WITHOUT EXPRESS WRITTEN PERMISSION BY US.
THE HEADINGS USED IN THIS AGREEMENT ARE INCLUDED FOR CONVENIENCE ONLY AND WILL NOT LIMIT OR OTHERWISE AFFECT THESE TERMS.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
WE ARE NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS SITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE MATERIAL ON THIS SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION. ANY RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK.
THIS SITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS SITE AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR SITE.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
PRICES FOR OUR PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE.WE RESERVE THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE AT ANY TIME.
WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
CERTAIN PRODUCTS OR SERVICES MAY BE AVAILABLE EXCLUSIVELY ONLINE THROUGH THE WEBSITE. THESE PRODUCTS OR SERVICES MAY HAVE LIMITED QUANTITIES AND ARE SUBJECT TO RETURN OR EXCHANGE ONLY ACCORDING TO OUR RETURN POLICY.
WE HAVE MADE EVERY EFFORT TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS AND IMAGES OF OUR PRODUCTS THAT APPEAR AT THE STORE.
WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR'S DISPLAY OF ANY COLOR WILL BE ACCURATE.WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO LIMIT THE SALES OF OUR PRODUCTS OR SERVICES TO ANY PERSON, GEOGRAPHIC REGION OR JURISDICTION. WE MAY EXERCISE THIS RIGHT ON A CASE-BY-CASE BASIS. WE RESERVE THE RIGHT TO LIMIT THE QUANTITIES OF ANY PRODUCTS OR SERVICES THAT WE OFFER. ALL DESCRIPTIONS OF PRODUCTS OR PRODUCT PRICING ARE SUBJECT TO CHANGE AT ANYTIME WITHOUT NOTICE, AT THE SOLE DISCRETION OF US. WE RESERVE THE RIGHT TO DISCONTINUE ANY PRODUCT AT ANY TIME. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE ON THIS SITE IS VOID WHERE PROHIBITED.
WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
WE RESERVE THE RIGHT TO REFUSE ANY ORDER YOU PLACE WITH US. WE MAY, IN OUR SOLE DISCRETION, LIMIT OR CANCEL QUANTITIES PURCHASED PER PERSON, PER HOUSEHOLD OR PER ORDER. THESE RESTRICTIONS MAY INCLUDE ORDERS PLACED BY OR UNDER THE SAME CUSTOMER ACCOUNT, THE SAME CREDIT CARD, AND/OR ORDERS THAT USE THE SAME BILLING AND/OR SHIPPING ADDRESS. IN THE EVENT THAT WE MAKE A CHANGE TO OR CANCEL AN ORDER, WE MAY ATTEMPT TO NOTIFY YOU BY CONTACTING THE E‑MAIL AND/OR BILLING ADDRESS/PHONE NUMBER PROVIDED AT THE TIME THE ORDER WAS MADE. WE RESERVE THE RIGHT TO LIMIT OR PROHIBIT ORDERS THAT, IN OUR SOLE JUDGMENT, APPEAR TO BE PLACED BY DEALERS, RESELLERS OR DISTRIBUTORS.
YOU AGREE TO PROVIDE CURRENT, COMPLETE AND ACCURATE PURCHASE AND ACCOUNT INFORMATION FOR ALL PURCHASES MADE AT OUR STORE. YOU AGREE TO PROMPTLY UPDATE YOUR ACCOUNT AND OTHER INFORMATION, INCLUDING YOUR EMAIL ADDRESS AND CREDIT CARD NUMBERS AND EXPIRATION DATES, SO THAT WE CAN COMPLETE YOUR TRANSACTIONS AND CONTACT YOU AS NEEDED.FOR MORE DETAIL, PLEASE REVIEW OUR RETURNS POLICY.
SECTION 7 - OPTIONAL TOOLS
WE MAY PROVIDE YOU WITH ACCESS TO THIRD-PARTY TOOLS OVER WHICH WE NEITHER MONITOR NOR HAVE ANY CONTROL NOR INPUT.YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE ACCESS TO SUCH TOOLS ”AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND AND WITHOUT ANY ENDORSEMENT. WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF OPTIONAL THIRD-PARTY TOOLS.ANY USE BY YOU OF OPTIONAL TOOLS OFFERED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOU SHOULD ENSURE THAT YOU ARE FAMILIAR WITH AND APPROVE OF THE TERMS ON WHICH TOOLS ARE PROVIDED BY THE RELEVANT THIRD-PARTY PROVIDER(S).
WE MAY ALSO, IN THE FUTURE, OFFER NEW SERVICES AND/OR FEATURES THROUGH THE WEBSITE (INCLUDING, THE RELEASE OF NEW TOOLS AND RESOURCES). SUCH NEW FEATURES AND/OR SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.
SECTION 8 - THIRD-PARTY LINKS
CERTAIN CONTENT, PRODUCTS AND SERVICES AVAILABLE VIA OUR SERVICE MAY INCLUDE MATERIALS FROM THIRD-PARTIES.
THIRD-PARTY LINKS ON THIS SITE MAY DIRECT YOU TO THIRD-PARTY WEBSITES THAT ARE NOT AFFILIATED WITH US. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY AND WE DO NOT WARRANT AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD-PARTIES.
WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF GOODS, SERVICES, RESOURCES, CONTENT, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY THIRD-PARTY WEBSITES. PLEASE REVIEW CAREFULLY THE THIRD-PARTY'S POLICIES AND PRACTICES AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU ENGAGE IN ANY TRANSACTION. COMPLAINTS, CLAIMS, CONCERNS, OR QUESTIONS REGARDING THIRD-PARTY PRODUCTS SHOULD BE DIRECTED TO THE THIRD-PARTY.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
IF, AT OUR REQUEST, YOU SEND CERTAIN SPECIFIC SUBMISSIONS (FOR EXAMPLE COMPETITION ENTRIES) OR WITHOUT A REQUEST FROM US YOU SEND CREATIVE IDEAS, SUGGESTIONS, PROPOSALS, PLANS, OR OTHER MATERIALS, WHETHER ONLINE, BY EMAIL, BY DIRECT MESSAGE, OR OTHERWISE (COLLECTIVELY, 'COMMENTS'), YOU AGREE THAT WE MAY, AT ANY TIME, WITHOUT RESTRICTION, EDIT, COPY, PUBLISH, DISTRIBUTE, TRANSLATE AND OTHERWISE USE IN ANY MEDIUM ANY COMMENTS THAT YOU FORWARD TO US. WE ARE AND SHALL BE UNDER NO OBLIGATION (1) TO MAINTAIN ANY COMMENTS IN CONFIDENCE; (2) TO PAY COMPENSATION FOR ANY COMMENTS; OR (3) TO RESPOND TO ANY COMMENTS.
WE MAY, BUT HAVE NO OBLIGATION TO, MONITOR, EDIT OR REMOVE CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION ARE UNLAWFUL, OFFENSIVE, THREATENING, LIBELOUS, DEFAMATORY, PORNOGRAPHIC, OBSCENE OR OTHERWISE OBJECTIONABLE OR VIOLATES ANY PARTY’S INTELLECTUAL PROPERTY OR THESE TERMS OF SERVICE.
YOU AGREE THAT YOUR COMMENTS WILL NOT VIOLATE ANY RIGHT OF ANY THIRD-PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, PERSONALITY OR OTHER PERSONAL OR PROPRIETARY RIGHT. YOU FURTHER AGREE THAT YOUR COMMENTS WILL NOT CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL, OR CONTAIN ANY COMPUTER VIRUS OR OTHER MALWARE THAT COULD IN ANY WAY AFFECT THE OPERATION OF THE SERVICE OR ANY RELATED WEBSITE. YOU MAY NOT USE A FALSE E‑MAIL ADDRESS, PRETEND TO BE SOMEONE OTHER THAN YOURSELF, OR OTHERWISE MISLEAD US OR THIRD-PARTIES AS TO THE ORIGIN OF ANY COMMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY COMMENTS YOU MAKE AND THEIR ACCURACY. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY COMMENTS POSTED BY YOU OR ANY THIRD-PARTY.
SECTION 10 - PERSONAL INFORMATION
YOUR SUBMISSION OF PERSONAL INFORMATION THROUGH THE STORE IS GOVERNED BY OUR PRIVACY POLICY. TO VIEW OUR PRIVACY POLICY.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
OCCASIONALLY THERE MAY BE INFORMATION ON OUR SITE OR IN THE SERVICE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).
WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICE OR ON ANY RELATED WEBSITE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE HAS BEEN MODIFIED OR UPDATED.
SECTION 12 - PROHIBITED USES
IN ADDITION TO OTHER PROHIBITIONS AS SET FORTH IN THE TERMS OF SERVICE, YOU ARE PROHIBITED FROM USING THE SITE OR ITS CONTENT:
(A) FOR ANY UNLAWFUL PURPOSE;
(B) TO SOLICIT OTHERS TO PERFORM OR PARTICIPATE IN ANY UNLAWFUL ACTS;
(C) TO VIOLATE ANY INTERNATIONAL, FEDERAL, PROVINCIAL OR STATE REGULATIONS, RULES, LAWS, OR LOCAL ORDINANCES;
(D) TO INFRINGE UPON OR VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS;
(E) TO HARASS, ABUSE, INSULT, HARM, DEFAME, SLANDER, DISPARAGE, INTIMIDATE, OR DISCRIMINATE BASED ON GENDER, SEXUAL ORIENTATION, RELIGION, ETHNICITY, RACE, AGE, NATIONAL ORIGIN, OR DISABILITY;
(F) TO SUBMIT FALSE OR MISLEADING INFORMATION;
(G) TO UPLOAD OR TRANSMIT VIRUSES OR ANY OTHER TYPE OF MALICIOUS CODE THAT WILL OR MAY BE USED IN ANY WAY THAT WILL AFFECT THE FUNCTIONALITY OR OPERATION OF THE SERVICE OR OF ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET; (
H) TO COLLECT OR TRACK THE PERSONAL INFORMATION OF OTHERS;
(I) TO SPAM, PHISH, PHARM, PRETEXT, SPIDER, CRAWL, OR SCRAPE;
(J) FOR ANY OBSCENE OR IMMORAL PURPOSE; OR
(K) TO INTERFERE WITH OR CIRCUMVENT THE SECURITY FEATURES OF THE SERVICE OR ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE SERVICE OR ANY RELATED WEBSITE FOR VIOLATING ANY OF THE PROHIBITED USES.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.IN NO CASE SHALL JPB EMPIRE PTY LTD, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME REGIONS OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH REGIONS OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 14 - INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JPB EMPIRE PTY LTD AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
SECTION 15 - SEVERABILITY
IN THE EVENT THAT ANY PROVISION OF THESE TERMS OF SERVICE IS DETERMINED TO BE UNLAWFUL, VOID OR UNENFORCEABLE, SUCH PROVISION SHALL NONETHELESS BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE UNENFORCEABLE PORTION SHALL BE DEEMED TO BE SEVERED FROM THESE TERMS OF SERVICE, SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER REMAINING PROVISIONS.
SECTION 16 - TERMINATION
THE OBLIGATIONS AND LIABILITIES OF THE PARTIES INCURRED PRIOR TO THE TERMINATION DATE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ALL PURPOSES.
THESE TERMS OF SERVICE ARE EFFECTIVE UNLESS AND UNTIL TERMINATED BY EITHER YOU OR US. YOU MAY TERMINATE THESE TERMS OF SERVICE AT ANY TIME BY NOTIFYING US THAT YOU NO LONGER WISH TO USE OUR SERVICES, OR WHEN YOU CEASE USING OUR SITE.
IF IN OUR SOLE JUDGMENT YOU FAIL, OR WE SUSPECT THAT YOU HAVE FAILED, TO COMPLY WITH ANY TERM OR PROVISION OF THESE TERMS OF SERVICE, WE ALSO MAY TERMINATE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE AND YOU WILL REMAIN LIABLE FOR ALL AMOUNTS DUE UP TO AND INCLUDING THE DATE OF TERMINATION; AND/OR ACCORDINGLY MAY DENY YOU ACCESS TO OUR SERVICES (OR ANY PART THEREOF).
SECTION 17 - ENTIRE AGREEMENT
THE FAILURE OF US TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
THESE TERMS OF SERVICE AND ANY POLICIES OR OPERATING RULES POSTED BY US ON THIS SITE OR IN RESPECT TO THE SERVICE CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND US AND GOVERN YOUR USE OF THE SERVICE, SUPERSEDING ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND US (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS OF SERVICE).
ANY AMBIGUITIES IN THE INTERPRETATION OF THESE TERMS OF SERVICE SHALL NOT BE CONSTRUED AGAINST THE DRAFTING PARTY.
SECTION 18 - GOVERNING LAW
THESE TERMS OF SERVICE AND ANY SEPARATE AGREEMENTS WHEREBY WE PROVIDE YOU SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF SOUTH AFRICA.
SECTION 19 - CHANGES TO TERMS OF SERVICE
YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME AT THIS PAGE.WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK OUR WEBSITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO OUR WEBSITE OR THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS OF SERVICE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
SECTION 20 - CONTACT INFORMATION
QUESTIONS ABOUT THE TERMS OF SERVICE SHOULD BE SENT TO US AT ACADEMY@JPBUYS.COM
JP BUYS MARTIAL ARTS ACADEMY / JPBMAA
LIABILITY
JPMBAA (JP BUYS MARTIAL ARTS ACADEMY) WILL NOT BE LIABLE FOR DEATH, INJURY, LOSS OR DAMAGE SUFFERED BY ME &/OR THE MEMBER(S) THROUGH OR CONTRIBUTED TO BY ANY CAUSE WHATSOEVER INCLUDING BUT NOT LIMITED TO ANY NEGLIGENT (INCLUDING GROSS NEGLIGENCE) ACT &/OR OMISSION OR BREACH OF CONTRACT ON THE PART OF JPBMAA, ITS DIRECTORS, EMPLOYEES, CONTRACTORS, INDEPENDENT CONSULTANTS OR OTHER MEMBER(S). YOU AGREE & ACKNOWLEDGE THAT YOU ENTER UPON & EXIT THE PREMISES (INCLUSIVE OF PARKING AREAS) & USE THE EQUIPMENT & FACILITIES ENTIRELY AT YOUR OWN RISK. IN ADDITION, YOU AGREE THAT JPBMAA SHALL NOT BE VICARIOUSLY LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU&/OR OTHER MEMBERS AS A RESULT OF THEM ON THE PART OF ITS EMPLOYEES, INDEPENDENTS CONTRACTORS, CONSULTANTS, OR OTHER MEMBER(S). YOU &/OR YOUR ESTATE HEREBY INDEMNIFY JPBMAA AGAINST ANY CLAIM BY ANY PERSON ARISING DIRECTLY OR INDIRECTLY FROM YOUR DEATH, INJURY, LOSS OR DAMAGE SUFFERED, ALLEGEDLY CAUSED OR CONTRIBUTED TO BY AN ACT OR OMISSION BY JPBMAA, ITS DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS & AGENTS.
MEMBERSHIPS
1. THE CONTRACT BETWEEN YOU AND US (JPB EMPIRE PTY LTD TRADING AS JPBMAA/JP BUYS MARTIAL ARTS ACADEMY) YOUR MEMBERSHIP APPLICATION FORM AND THESE TERMS AND CONDITIONS (“TERMS”) FORM THE “CONTRACT” BETWEEN YOU AND US. YOUR CONTRACT WITH US IS ENTERED INTO WITH THE JPB EMPIRE PTY LTD THAT IS REGISTERED AND OPERATING IN SOUTH AFRICA, AS JPBMAA/JP BUYS MARTIAL ARTS ACADEMY.
2. ACTIVATION / JOINING FEE
AN ACTIVATION OR JOINING FEE MAY BE PAYABLE, WHEN YOU ENTER INTO THIS CONTRACT. THE ACTIVATION OR JOINING FEE IS NON-REFUNDABLE. IF YOUR MEMBERSHIP IS CANCELLED FOR ANY REASON BY YOU OR US AND YOU SUBSEQUENTLY WISH TO REJOIN, THEN YOU WILL HAVE TO PAY THE APPLICABLE ACTIVATION OR JOINING FEE AGAIN.
3. WHEN WILL MY MEMBERSHIP START?
YOUR MEMBERSHIP WILL START ON THE START DATE AS SET OUT IN YOUR MEMBERSHIP APPLICATION FORM IRRESPECTIVE OF WHEN YOU ARE GRANTED ACCESS, PROVIDED THAT: • YOU HAVE PAID, WHERE APPLICABLE, THE RELEVANT ACTIVATION OR JOINING FEE; • YOU HAVE PROVIDED US WITH VALID BANK ACCOUNT DETAILS FOR PAYMENT OF YOUR MONTHLY MEMBERSHIP FEES OR HAVE PROVIDED A VALID PROOF OF PAYMENT FOR YOUR MEMBERSHIP FEES; AND • YOU SIGN THIS CONTRACT WITHOUT ALTERATION OR AMENDMENT OF ANY KIND WHATSOEVER (EXCEPT TO PROVIDE THE INFORMATION INSERTED IN YOUR MEMBERSHIP APPLICATION FORM).
4. HOW LONG WILL MY MEMBERSHIP LAST?
IF YOU PAY BY MONTHLY DEBIT ORDER: YOUR MEMBERSHIP WILL COMMENCE ON THE START DATE AND WILL CONTINUE FOR THE FIXED NUMBER OF FULL INSTALMENTS THAT YOU HAVE SELECTED (“COMMITMENT PERIOD”). UNLESS YOU TELL US THAT YOU DO NOT WISH TO CONTINUE AS A MEMBER AT THE END OF YOUR COMMITMENT PERIOD, YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE ON A MONTH-TO-MONTH BASIS (AS PER THE UPDATED TERMS AND CONDITIONS, WHICH CAN BE FOUND ON OUR WEBSITE) AT THE CURRENT PREVAILING MEMBERSHIP RATE UNTIL SUCH TIME AS YOU GIVE JPBMAA 30 DAYS WRITTEN NOTICE TO CANCEL YOUR MEMBERSHIP. PLEASE KEEP PROOF OF YOUR REQUEST TO CANCEL YOUR MEMBERSHIP. SHORT TERM MEMBERSHIPS WILL COMMENCE ON THE START DATE AND WILL CONTINUE FOR THE FIXED PERIOD THAT YOU HAVE SELECTED (“COMMITMENT PERIOD”).
IF YOU HAVE PAID FOR YOUR MEMBERSHIP IN FULL UPFRONT: YOUR MEMBERSHIP WILL COMMENCE ON THE START DATE AND WILL CONTINUE FOR THE FIXED PERIOD THAT YOU HAVE SELECTED, CALCULATED FROM THE FIRST DAY OF THE MONTH FOLLOWING YOUR START DATE (“COMMITMENT PERIOD”).
5. REASONS FOR US ENDING YOUR MEMBERSHIP
WE MAY CANCEL OR SUSPEND YOUR CONTRACT AT OUR ABSOLUTE DISCRETION BY WRITING TO YOU AT THE EMAIL ADDRESS WE HAVE ON RECORD IF:
YOU COMMIT A BREACH OF THESE TERMS OR IF YOU ENGAGE IN ANY CONDUCT WHICH IN OUR OPINION WOULD HAVE A NEGATIVE EFFECT ON US, OTHER MEMBERS OR OUR STAFF OR IS DETRIMENTAL TO THE WELFARE, GOOD ORDER OR CHARACTER OF JPB EMPIRE PTY LTD/JPBMAA; OR
WE SUBSEQUENTLY DISCOVER THAT ANY PART OF YOUR MEMBERSHIP FEES (UNDER THIS CONTRACT OR ANY OTHER PRIOR CONTRACT) ARE/WERE NOT PAID IN FULL WHEN DUE; OR • THE INFORMATION YOU SUPPLIED TO US IS FOUND TO BE INCORRECT AND/OR FALSE; OR
WE REASONABLY THINK THAT YOU ARE NOT PHYSICALLY OR MEDICALLY FIT TO EXERCISE.
AFTER VETTING YOUR APPLICATION TO THIS CONTRACT, WE SUBSEQUENTLY DISCOVER FACTS OR INFORMATION WHICH IF WE HAD KNOWN PRIOR TO ENTERING INTO THE CONTRACT, WOULD HAVE RESULTED IN US NOT HAVING ENTERED INTO THE CONTRACT WITH YOU.
6. CAN I END MY MEMBERSHIP BEFORE THE END OF MY COMMITMENT PERIOD?
YES - IF YOU PAY YOUR MONTHLY MEMBERSHIP FEES BY DEBIT ORDER AND YOU WISH TO CANCEL YOUR MEMBERSHIP BEFORE THE EXPIRY OF YOUR COMMITMENT PERIOD, THEN YOU MUST GIVE US 20 DAYS’ WRITTEN NOTICE OF TERMINATION AND PAY A REASONABLE CANCELLATION FEE PLUS ANY ARREARS. IF YOU HAVE PAID YOUR MEMBERSHIP FEES IN FULL UPFRONT AND YOU WISH TO CANCEL YOUR MEMBERSHIP BEFORE THE EXPIRY OF YOUR COMMITMENT PERIOD, THEN YOU MUST GIVE US 20 BUSINESS DAYS’ WRITTEN NOTICE OF TERMINATION AND WE WILL REFUND YOU THE MEMBERSHIP FEES YOU HAVE ALREADY PAID IN RESPECT OF THE UNEXPIRED PERIOD OF YOUR COMMITMENT PERIOD LESS A REASONABLE CANCELLATION FEE.
7. CAN I FREEZE MY MEMBERSHIP?
YES – YOU MAY FREEZE YOUR CONTRACT FOR A MINIMUM OF MONTH UP TO A MAXIMUM OF 6 MONTHS IN A 12 MONTH CYCLE FOR MEDICAL AND TRAVEL REASONS PROVIDED YOU ARE NOT IN ARREARS. WE WILL CHARGE YOU A MONTHLY ADMINISTRATION FEE FOR FREEZING YOUR MEMBERSHIP. NOT APPLICABLE TO SHORT TERM MEMBERSHIPS. YOUR COMMITMENT PERIOD WILL BE EXTENDED BY THE NUMBER OF MONTHS THAT YOU FREEZE YOUR MEMBERSHIP.
8. MEMBERSHIP FEES AND INCREASES
WE RESERVE THE RIGHT TO INCREASE YOUR MEMBERSHIP FEES AT OTHER TIMES FOR REASONABLE COMMERCIAL REASONS. WE WILL GIVE YOU NOTICE OF ANY INCREASE AND IF YOU DO NOT WISH TO ACCEPT IT YOU MAY CANCEL YOUR MEMBERSHIP BY GIVING US 30 BUSINESS DAYS’ WRITTEN NOTICE. IF WE DO NOT HEAR FROM YOU, YOU WILL BE DEEMED TO HAVE ACCEPTED THE INCREASE AND YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AT THE NEW MEMBERSHIP RATE. YOUR MONTHLY MEMBERSHIP FEES WILL BE COLLECTED MONTHLY IN ADVANCE, ON OR ABOUT THE DATE THAT YOU HAVE SELECTED. IF YOU SELECTED YOUR SALARY DATE AND THIS IS NOT A BANKING DAY, YOUR MONTHLY MEMBERSHIP FEES WILL BE COLLECTED THE BANKING DAY AFTER. IF YOU SELECTED THE 1ST BANKING DAY OF THE MONTH, AND THIS IS NOT A BANKING DAY, YOUR MONTHLY MEMBERSHIP FEES WILL BE COLLECTED THE BANKING DAY BEFORE.
9. CHILDREN
CHILDREN UNDER THE AGE OF 14 YEARS MUST ACCESS AND EXIT OUR FACILITIES WITH THEIR PARENT/LEGAL GUARDIAN AND ALWAYS BE SUPERVISED BY SUCH PARENT/LEGAL GUARDIAN.
10. YOUR PERSONAL INFORMATION
OUR PRIVACY POLICY (WHICH IS INCORPORATED BY REFERENCE INTO THE CONTRACT AND CAN BE FOUND ON OUR WEBSITE) EXPLAINS THE WAY IN WHICH WE COLLECT, USE AND STORE YOUR PERSONAL INFORMATION. IF WE WANT TO SHARE YOUR INFORMATION WITH ANYONE ELSE FOR ANY OTHER REASON, WE WILL DO SO ONLY WITH YOUR PERMISSION. WE WILL USE YOUR EMAIL ADDRESS AND OR CONTACT NUMBER TO SEND A CONFIRMATION OF YOUR MEMBERSHIP AND TO KEEP YOU UP TO DATE WITH NEWS, OFFERS AND PROMOTIONS. YOU CAN OPT-OUT OF THESE COMMUNICATIONS AT ANY TIME BY INFORMING US. WE USE THE ACADEMY FACILITIES FOR PHOTO SHOOTS, TO FILM VIDEOS AND FOR OTHER PROMOTIONAL PURPOSES. IF YOU’RE IN THE ACADEMY FACILITIES DURING THIS TIME AND YOUR IMAGE IS CAPTURED, YOU HEREBY CONSENT TO US USING IT IN OUR BRANDING AND MARKETING MATERIAL.
11. THE SMALL PRINT
YOUR MEMBERSHIP IS PERSONAL AND MAY NOT BE TRADED OR TRANSFERRED TO ANOTHER PERSON.
ALTHOUGH YOUR MEMBERSHIP MAY BE PAID BY A DIFFERENT PERSON TO YOURSELF, YOU WILL REMAIN LIABLE FOR ALL FEES PAYABLE.
FROM TIME TO TIME WE MAY INTRODUCE NEW SERVICES AND/OR FACILITIES AND INTRODUCE NEW MEMBERSHIP TYPES. IF YOU WISH TO MAKE USE OF ANY NEW SERVICES OR FACILITIES, THEN WE MAY REQUIRE YOU TO PAY AN ADDITIONAL FEE.
IF YOU WISH TO FREEZE, UPGRADE OR DOWNGRADE YOUR MEMBERSHIP, PLEASE EMAIL ACADEMY@JPBUYS.COM .
IF YOUR BANK DETAILS AND/OR CONTACT DETAILS CHANGE, PLEASE EMAIL ACADEMY@JPBUYS.COM TO UPDATE.
WE RESERVE THE RIGHT, FROM TIME TO TIME, TO TEMPORARILY OR PERMANENTLY CLOSE THE ACADEMY FACILITIES OR TEMPORARILY OR PERMANENTLY STOP PROVIDING CERTAIN FACILITIES AT THE ACADEMY, OR ADJUST THE OPERATING HOURS OF THE ACADEMY. IN ACCORDANCE, WE WILL NOTIFY YOU OF CHANGES WITHIN A REASONABLE AMOUNT TIME.
IF ONE OR MORE OF THESE TERMS ARE FOUND TO BE UNENFORCEABLE, SUCH TERM SHALL BE DEEMED TO BE SEVERABLE FROM THE REMAINDER OF THIS CONTRACT AND THE CONTRACT SHALL IN ALL OTHER RESPECTS REMAIN IN FULL FORCE AND EFFECT.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAY TRANSFER AND/OR DELEGATE TO ANY THIRD PARTY OUR RIGHTS AND/OR OBLIGATIONS UNDER THIS CONTRACT WITHOUT YOUR CONSENT OR NOTIFICATION AND YOU WILL CONTINUE AS A MEMBER.
THIS CONTRACT CONTAINS ALL THE TERMS AND CONDITIONS OF OUR AGREEMENT AND NO REPRESENTATION, ADDITION, VARIATION OR CANCELLATION OF THIS CONTRACT SHALL BE OF ANY FORCE AND EFFECT UNLESS IT IS IN WRITING AND SIGNED BY YOU AND US.
YOU AGREE THAT WE MAY VALIDLY SERVE ANY NOTICES TO THE CONTACT DETAILS THAT WE HAVE ON RECORD FOR YOU. ANY NOTICE OR COMMUNICATION SENT BY YOU TO US SHOULD BE EMAILED TO ACADEMY@JPBUYS.COM. PLEASE CHECK WITH US TO CONFIRM RM THAT WE HAVE RECEIVED CORRESPONDENCE ADDRESSED TO US, AS WE CAN ONLY ACTION AND BE BOUND BY NOTICES THAT WE ACTUALLY RECEIVE. YOU ACKNOWLEDGE AND AGREE THAT THIS CONTRACT WAS PROPERLY AND FULLY COMPLETED BEFORE YOU SIGNED IT AND YOU CON RM THAT THE INFORMATION CONTAINED IN IT IS TRUE AND CORRECT AND THAT YOU FULLY UNDERSTAND IT. THE LAWS OF SOUTH AFRICA APPLY TO THIS CONTRACT. YOU CONSENT TO THE NON-EXCLUSIVE JURISDICTION OF THE SOUTH AFRICAN COURTS.
FEES INCLUDE VAT