TERMS OF USE

30TH OCTOBER 2021

Welcome to the JodieDay.com.au website!

I thank you for visiting and hope that you become a valued member of the community. 

 

JodieDay.com.au offers this website including all information, tools and services available from this site to you, the user, upon your acceptance of all terms, conditions, policies and notices stated here in.

By using the JodieDay.com.au website or using any of the services of the website, including purchasing from the online store, you agree to follow and abide by the following Terms of Use and the Privacy Policy.

 

Please read these Terms of Use carefully before accessing or using the JodieDay.com.au website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the full Terms of Use and Privacy Policy, then you may not access the website or use any services. 

DEFINITIONS

‘You’ or ‘User’ – means the person using the website, including browsers, vendors, customers, merchants, and/or contributors of content.

 

Services –  means the selling of products on the website.

‘Website’ or ‘Site’ – means the JodieDay.com.au website.

 

Third Party Site(s)/Third Party Content – means a link to or content from another website that JodieDay.com.au does not own control.

CHANGES OF MODIFICATIONS

Jodie Day has the right to change or modify any of the Terms and conditions contained in the Terms of Use and Privacy Policy, from time to time at any time, without notice. 

 

If any new features or services have been added to the website they will be subject to the Terms of Use.

 

If changes have been made, Jodie Day will post a new version on the Website and update the date of the modification. Any changes to these Terms of Use, will be effective upon posting of the revisions. 

 

You should frequently review these Terms of Use, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the website and your participation in the Community.

If you do not agree with the changes or modifications to the Terms of Use outlined on the website, you must not use the Site.

AGE OF CONSENT

By using the Jodie Day Website, you represent that you are at least the age of majority in your state or province 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. 

PROHIBITED USE OF THE SITE

You may use the Jodie Day Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise

  • To transmit or procure the sending of any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation

  • To impersonate or attempt to impersonate Jodie Day, a Jodie Day employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing)

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Jodie Day or users of the Site or expose them to liability.

Additionally, you agree not to:

  • "Scrape" or disaggregate data from the Site (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose

  • Introduce any viruses, trojan horses, worms, logic bombs or other material or mechanism which is malicious or technologically harmful

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site

  • Otherwise attempt to interfere with the proper working of the Site.

COPYRIGHT AND TRADEMARKS

All design, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, logos, trademarks and service marks are the property of Jodie Day, or its affiliates or licensors and are protected by copyright, trademark and other laws. 

CONENT

Content on the Site is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Jodie Day.

Informational content is provided for general purposes only and can never take into account your unique, personal circumstances and needs. You acknowledge and agree that any actions you take in violation of your agreement with us shall be at your sole and exclusive risk and Jodie Day shall have no responsibility or liability to you whatsoever.

ACCURACY OF CONTENT

Although I do my best to provide accuracy throughout the Site, Jodie Day cannot guarantee that all information made available on this website is accurate, reliable, complete or current.

 

The information on this website is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting professional advice that is more accurate, more complete or a more timely source of information.

ERRORS IN ACCURACIES AND OMISSIONS IN RELATION TO SERVICES

Occasionally there may be information on the Jodie Day website that may contains typographical errors, inaccuracies or omissions, including but not limited to product descriptions, pricing, promotions, offers, product shipping charges, shipping transit timeframes and product availability.  Jodie Day reserve the right to correct any errors, inaccuracies or omissions, and to change or update information. Jodie Day reserves the right to cancel any orders if information on the Jodie Day website on any other related Third Party Site for promotions if the information is inaccurate at any time without prior notice.

CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age

  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy

  • Be likely to deceive any person

  • Promote any illegal activity, or advocate, promote or assist any unlawful act

  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organisation

  • Promote commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.

THIRD PARTY CONTENT AND THIRD PARTY SITES

Certain content, products and services available on the Beau.Mane website may include materials from third-parties. 

 

Jodie Day may provide links or content to other websites that the content contributors on Jodie Day believe the user of jodieday.com.au may be interested in the information or services.  

 

Jodie Day does not monitor, approve or have any control over any content, links of Third Party Sites. Jodie Day is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. 

 

Jodie Day is 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 Sites. Please review carefully the Third Party Sites Terms of Use and Privacy Policies before using their services. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the Third Party Site.

SOCIAL PLATFORMS

Jodie Day may interact with you on third party sites where she posts content, engage with you profile or invite your feedback, such as www.facebook.com/JodieDay.com.au and www.instagram.com/jodieday.com.au.

These social platforms are Third Party Sites. Jodie Day does not control these Third Party Sites. You should always check the Terms of Use of the Third Party Sites guidelines.

PRODUCTS

All material and information presented by Jodie Day in reference to the product for purchase on the website is intended to be used for personal, educational or informational purposes only.

PRODUCT MANUFACTURE GUIDELINES OF USE

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients and materials used for products to avoid potential allergic reactions. 

 

The use of the Jodie Day website is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them.

PURCHASING AND RE-SELLING GUIDELINES

  

The products available for purchase on the Jodie Day Website including any samples Jodie Day may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Jodie Day unless you are a registered wholesaler through Jodie Day. 

 

Certain products or services may be available exclusively online through the Jodie Day website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

PRICE OR SERVICE MODIFICATION

Prices for products listed in the store for sale are subject to change without notice. Jodie Day reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

Jodie Day shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

PRODUCT VISUAL IMAGES

Jodie Day has tried to accurately display the colours of products through photography and video content. The actual colours you see will depend on your devices screen and may not be accurate.

INFORMATION COLLECTED AND CONFIDENTIALITY

All personal information you provide Jodie Day will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

 

By submitting your email address in connection with your account, you agree that Jodie Day and its third-party service providers may use your email address to contact you about your Jodie Day account or Content you have submitted to the Jodie Day website, or for other administrative purposes and for any other purpose permitted or required by law. 

ACCURACY OF BILLING AND ACCOUNTING INFORMATION

Passwords and Logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

 ​

Billing and Account Details 

You agree to provide current, complete and accurate billing and account information for all services on the Jodie Day Site. 

 

I reserve the right to refuse any order you place with us. In the event that I make a change to or cancel an order, I may attempt to notify you by contacting the e‑mail, billing address or phone number provided at the time the order was made. 

MONITORING CONTENT 

 

Jodie Day has the right to

  • Remove or refuse to post any User Content for any or no reason in our sole discretion

  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if I believe that such User Content violates the Terms of Use, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.

LAW ENFORCEMENT 

Jodie Day has the right to​

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Site

  • To fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Site. 

ACCOUNT TERMINATION

Jodie Day has the right to

  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use

DISCLAIMER OF WARRANTIES AND LIABILITIES 

DISCLAIMER OF WARRANTIES 

Jodie Day is providing the website, its content and the community on an “as is” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the site or the community, the information, content, materials or products, included on the site or as part of the community. To the fullest extent permitted by law, Jodie Day disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Jodie Day does not represent or warrant that the information accessible via the Site or the community is accurate, complete or current.

Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice. 

DISCLAIMER OF LIABILITIES 

Jodie Day will not be liable for any damages of any kind arising out of or in connection with the use of the Site or the Community. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of Third Parties.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Jodie Day and our officers, directors, partners, contractors, subcontractors, agents, suppliers, subsidiaries, affiliates, joint ventures, employees, interns and third-party service providers, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Site and the Community; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites and the Community.

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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

FRAUD PROTECTION

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorised or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity.

We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.

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 Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using the Jodie Day 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 Use, 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).

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 Australia.

ENTIRE AGREEMENT

The failure of Jodie Day to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. 

These Terms of Use and any policies or operating rules posted by Jodie Day on this site or in respect to the Site constitutes the entire agreement and understanding between you and Jodie Day and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Jodie Day  (including, but not limited to, any prior versions of the Terms of Use). 

CONTACT INFORMATION

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to the contact form on the Site.

Requests to use and reproduce content published on Jodie Day should be directed to the contact form on the Site.

Thank you for visiting JodieDay.com.au.