Website Terms of Use (Terms)

Thank you for visiting our website. The website is owned and operated by JOMILA Pty Ltd ACN 613 821 088 (JOMILA). These terms and conditions (Terms) apply to the use of the website, including the use of the information offered on the website, purchase of products you make through the website, and to any response to an enquiry that you make via the website.

Any purchases of products you make through the website are also governed by our Terms of Sale, which are incorporated into and form part of these Terms.

By accessing and/or using this website and by purchasing Products, you agree to these Terms. You should review these Terms carefully, and if you do not agree with them, you must cease accessing or using the website.

In these Terms the expressions weus and our are a reference to JOMILA and a reference to you and your is a reference to any person or entity that accesses or uses any part of this website.

1. Information on this Website

1.1 This website does not provide medical, health or therapeutic advice and is provided for information purposes only.

1.2 Content contained in the website and information about our products (Products) and services are not intended to be used to diagnose, treat, cure or prevent any disease or condition or intended to be relied on for therapeutic purposes. No person should act in reliance on any statement contained in the content provided on the website or our products and services.

1.3 The information published and contained on this website is intended to showcase and sell JOMILA’s Products and services. We aim to ensure the accuracy of such information. However, we do not warrant the accuracy, adequacy or completeness of any information published on or contained within this website, nor do we undertake to keep this website updated. We do not accept responsibility for loss or damage suffered as a result of reliance by you upon the accuracy, currency, adequacy or completeness of any such information. Actual product characteristics (for example, colour, packaging or size) may not exactly match those as displayed on your screen. In addition, any accessory or other ingredients featured with any Product is for illustrative purposes only, and may be sold separately.

2. Disclaimer and Liability

2.1 To the maximum extent permitted by law, including the Australian Consumer Law:

(a) except as set out in clause 1(b), in no event shall we be liable for any direct and indirect loss, damage or expense, or injury, illness or death – irrespective of the manner in which it occurs – which may be suffered as a result of:

(i) your use of our website and/or the information or materials contained on it;

(ii) the inaccessibility of this website;

(iii) the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date; or

(iv) from your purchase or use of any Products.

(b) any guarantee, condition or warranty which would otherwise be implied into these Terms (including in connection with any Products) is hereby excluded. Where legislation implies any guarantee, condition or warranty, and that legislation prohibits us from excluding the application of, or our liability under, any such, guarantee condition or warranty, that guarantee, condition or warranty will be deemed included but our liability will be limited for a breach of the condition or warranty to one or more of the following (at our option):

(i) if the breach relates to goods (including any Products):

(A) the replacement of the goods or the supply of equivalent goods;

(B) the repair of such goods;

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

(D) the payment of the cost of having the goods repaired; and

(ii) if the breach relates to services:

(A) the supplying of the services again; or

(B) the payment of the cost of having the services supplied again.

2.2 The disclaimer set out in clause 1 above does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

3. Copyright and Trade Marks

3.1 Copyright in the text, graphics, user interfaces, photographs, images, logos, icons, sounds, music, sound recording, computer code, and software of the website and the design, structure, selection, coordination, colour combinations, layout, expression, look and feel, and arrangement of the website (Content), is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these Terms, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of any Content on the website; or

(b) commercialise any information, products or services obtained from any part of any Content on the website, without our prior written permission or, in the case of third party material, from the owner of the copyright in that Content.

3.2 Your use of the website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

3.3 Except where otherwise specified, any word or device used on the website as a trade mark is a registered or proprietary trade mark. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

(a) in or as the whole or part of your own trade marks;

(b) in connection with activities, products or services which are not ours;

(c) in a manner which may be confusing, misleading or deceptive;

(d) in a manner that disparages us or our information, products or services (including the Site); or

(e) without our prior written permission.

4. Unacceptable Activity

4.1 You must not do any act that we deem in good faith to be inappropriate, or which is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;

(b) using this website to defame or libel us, our employees or other individuals;

(c) using any device, software or method to interfere (or attempt to interfere) with the proper functioning of this website or any transaction being conducted on the website, or with any other person’s access to or use of this website;

(d) uploading files that contain viruses that may cause damage to our property or the property of other individuals; or

(e) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

4.2 If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

5. Linked Websites

5.1 This website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.

5.2 Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless expressly stated otherwise.

6. Privacy

6.1 We understand that you value your privacy and wish to have your personal information kept secure. You can view the full text of our Privacy Policy and Privacy Collection Notice, which sets out how we collect and deal with your personal information here or upon request from us.

6.2 If you would like any further information about our privacy policies or practices, please contact us at sales@ahconnect.com.au.

7. Amendment of Terms

7.1 We reserve the right to amend these Terms (including the Terms of Sale) from time to time. Amendments will be notified on the website. Your continued use of the website following such notification will represent an agreement by you to be bound by the amended Terms.

8. Feedback and Social Media

8.1 Your feedback is important to us. We welcome and encourage you to provide feedback, images, photos, reviews testimonials by emailing us at sales@ahconnect.com.au.

8.2 Our website connects to or is related to the following social media platforms: Facebook, Twitter, Pinterest, Instagram, YouTube, WeChat, Weibo and various blogs (collectively ‘Social Media Platforms’). The terms, conditions and policies that apply to the Social Media Platforms also apply to the JOMILA accounts that the Social Media Platforms host. You should familiarise yourself with the terms, conditions and policies of the Social Media Platforms before you participate in them.

8.3 We reserve the right to remove or disable access to our Social Media Platform in our sole discretion without notice including for: intellectual property infringement; defamatory, unlawful, hateful, offensive, threatening, harassing or otherwise objectionable participation; illegal or unauthorised actions including for commercial advertisements or other forms of solicitation or collecting email addresses; participation that is not in compliance with all applicable laws and regulations or the terms, conditions and policies of the applicable Social Media Platforms.

9. General

9.1 These Terms are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of and in that jurisdiction and courts of appeal from such courts.

9.2 Access to this website may be terminated at any time by us without notice. Clauses 2, 3 and 8 of these Terms and other terms which are capable of survival will nevertheless survive any such termination.

9.3 We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.

9.4 Any failure by a party to exercise any right under these Terms or any delay by a party in exercising a right under these Terms does not operate as a waiver. The single or partial exercise of any right under these Terms by that party does not preclude any other or further exercise of that or any other right by that party. A waiver of one breach of a term of these Terms does not operate as a waiver of another breach of the same term or any other term of these Terms.

9.5 If any provision of these Terms is invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from these Terms.

9.6 These Terms set out the entire agreement and understanding between you and us with respect to the subject matter of these Terms and supersedes all prior agreements, understandings and representations.