Retail Terms & Conditions
Jcmathelabel.com is owned and operated by Bio Meraki Pty Ltd ABN: 92 632 311 267 trading as JCMA The Label (referred to as “jcmathelabel.com”, “JCMA The Label”, “we”, “our”, “us”). JCMA The Label profiles the Site as a venue for people to access information and place orders for products that are offered for sale by JCMA The Label through the Site (Products). The use of this Site is governed by these terms and conditions and the Privacy Policy. Please read the Terms of Use carefully. Your use of this Site indicates your acceptance of the Terms of Use. You (User, you, your) indicate your acceptance of these Terms of Use by accessing, using and/or placing an order for Products using the Site. These Terms of Use shall replace any subsequent terms or conditions included by you with any purchase order for Products using the Site, whether or not your terms or conditions are signed by JCMA The Label.
Accounts and Passwords
If you create an account for using any of the services or features available on the Site, you are responsible for all use of your username and/or password and must keep these details secure. JCMA The Label may close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) which disrupt any of our services or is an attempt to hide the use of multiple accounts. If you use multiple logins for the purpose of disrupting the Site or other users you may have action taken against all of your accounts.
You may be able to upload and publish materials to or through the Site, including text, images, information, comments and other data, via email, comment, post, blog, enquiry or other means (Content). You own any Content you upload and publish (Your Content). Other Users own any Content they upload and publish (User Content).
Responsibility for Your Content
You create and provide us with Your Content at your own risk and you are personally responsible and liable for Your Content. By uploading and publishing Your Content, you acknowledge that it does not contain any confidential information and may be seen by others. JCMA The Label has discretion of the use of Your Content on the Site. We are not obliged to use, maintain or display Your Content on the Site. If we do use Your Content we may use it to publicise and promote us and the Site. You are not entitled to any payment from us for Your Content or our use of it.
Prohibitions on Your Content
Your Content must not include anything which: (a) you do not have the right to disclose under law or an obligation you have to a third party (such as confidentiality agreements); (b) reveals your or another person’s identity or sensitive information, such as email addresses, phone numbers or addresses; (c) infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or (d) is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal. If you fail to abide by these prohibitions on your content, you may receive an email from JCMA The Label informing you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of JCMA The Label.
Our use of Your Content
By submitting Your Content through the Site, you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive licence to use in any way, part or all of Your Content in any medium (including but not limited to the Site), by any means and for any purpose (including commercial purposes), and to authorise others to do so. JCMA The Label, our successors, assignees and licensees may do or omit to do anything to Your Content which may infringe your moral rights in Your Content, including editing, altering and reproducing Your Content in any manner or context, in perpetuity throughout the world.
Monitoring, modification and removal of Content
We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with Your Content or User Content including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on the Site. We may, but have no obligation to, amend, supplement, delete or update Our Content (defined below), Your Content or User Content, without notifying you and at our sole discretion. However, we may remove any defamatory, misleading, false, offensive or otherwise illegal material (including in Your Content) that we become aware of, without notifying you.
Interactions with other Users
Other Users may not comply with these Terms of Use and could post Content which breaches our Terms of Use. You should take care when interacting with other Users of the Site. You indemnify and hold us harmless for any actions of any other User and any dispute or claim that you may make against any other User, irrespective of whether it relates to the use of the Site.
No illegal use. You must not use the Site in any manner or for any purpose which is illegal.
Our Content
All materials displayed on the Site, including without limitation, all text, graphics, advertisements, names, logos, trade marks, applications and software (whether registered or not) (Our Content) are our property or the property of their respective owners (including our licensors and other Users) and are protected by copyright, trade mark and other intellectual property laws. You may use Our Content for your personal, non-commercial purposes, such as to obtain information about Products and/or place an order for Products using this Site. Except where the law expressly allows, you may not use, reproduce, modify, distribute, post, transmit, distribute, publish or create derivative works from, or use for any commercial purpose, any part of Our Content. To the extent allowed by law, JCMA The Label does not guarantee the accuracy, completeness, security or currency of Our Content or User Content and we have no liability to you for your use or reliance on Our Content or User Content. Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties. JCMA The Label reserves all other rights not expressly granted.
Outbound links
The Site may contain hyperlinks to sites operated by third parties (including social media sites) (Linked Sites). Access to Linked Sites is provided for convenience only and you are responsible for deciding whether you want to use a Linked Site. You access these sites and use or buy their products and services solely at your own risk. When you access and use Linked Sites, you are subject to their terms and conditions of use. JCMA The Label does not control or endorse and are not responsible for any features, content, Products or other materials on or available from a Linked Site. Any rights, claims or actions you may have in respect of a Linked Site can only be brought directly against the owners or operators of the Linked Site. JCMA The Label may receive payments and/or commissions from owners or operators of Linked Sites and you will not have any claims, benefits or rights on these payments.
Liability and indemnity
To the extent permitted by law, JCMA The label and its directors, officers, employees, agents and contractors exclude all liability to you in connection with the Site. You indemnify and hold us harmless for any and all claims, loss or damage however arising, (whether in negligence or otherwise) in connection with: (a) your failure to comply with these Terms of Use; (b) your use, misuse of reliance on the Site, Our Content, User Content or Linked Sites; (c) your Content, including its use, misuse or misappropriation; or (d) any other acts or omissions by you.
Site Disclaimers
Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). Nothing in these Terms of Use excludes any rights you have under the ACL in respect of the Site. Subject to the previous sentence, you acknowledge that your use of the Site, Our Content, Your Content, User Content and Linked Sites, is entirely at your own risk and are provided without warranty, either express or implied. We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Site. Although reasonable precautions have been taken, we do not guarantee that access to the Site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Site.
Privacy
You may be asked to input information about yourself on different areas of the Site. If so, we will only use that information in accordance with our Privacy Policy.
Termination
We may terminate your access to the Site (or any part of it) at any time without reason and without notice. These Terms of Use survive any such termination.
Force Majeure
JCMA The Label will not be liable for any delay in performing any of its obligations if the delay is caused by circumstances beyond its reasonable control, such as failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
Transfer and Assignment
If JCMA The Label merges with, sells to or otherwise changes control of its business or the Site, we may, without giving you notice or seeking your consent, transfer or assign to a third party, personal information, content and rights that JCMA The Label has collected from you and any agreements it had made with you in connection with your use of the Site.
Severability
If any part of these terms is found to be void, invalid, unlawful or unenforceable, then that part will be severed from these terms and the remaining terms will remain in force and comprise the agreement between you and JCMA The Label.
Waiver
The failure by JCMA The Label to exercise or enforce any right or provision under these terms will not constitute a waiver of the right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by JCMA The Label.
Jurisdiction
These Terms of Use are governed by the laws in force in Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts in that place. If you access this Site in a jurisdiction other than Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. JCMA The Label makes no representations that the content of the Site complies with the laws of any country outside Australia.
Returns and Exchanges
Please refer to our Returns, Exchanges & Warranty policies.
Warranty
Please refer to our Returns, Exchanges & Warranty policies.
Payments
Orders must be paid for in full before they are processed and despatched. All prices listed on the website are in Australian Dollars ($) inclusive of any applicable. Accepted payment methods on this Site are Credit Card, PayPal, Klarna, Afterpay and Zip. More information about how we collect and use your payment details, please refer to our Privacy Policy.
Pricing
We try our very best to ensure prices and product information are listed on the website correctly in the first instance, however, if by human or technical error, something has been listed incorrectly, JCMA The Label reserves the right to amend prices. JCMA The Label also reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. We will endeavour to contact you and inform you if this has occurred.
Promotions
Pricing is subject to change without notice, including flash sales and promotions. Promotions are not to be used in conjunction with any other offer and are not valid when purchasing Gift Vouchers. Promotions presented online are not valid in-store, unless otherwise stated. Discount codes are valid on full price items, unless otherwise stated. All discount codes are valid for a specific period of time and therefore orders made before or after the advertised promotion will not be reimbursed. Promotions will be advertised through select media, as chosen by JCMA The Label.
Review of Terms
These Terms and Conditions are subject to change from time to time, such changes to be effective upon posting on this website. Your continued use of the website after any such changes will indicate your acceptance of such changes.
Copyright
Unless otherwise indicated, JCMA The Label reserves all intellectual property rights, including but not limited to, copyright in material and services provided by the website. The material provided on the website is provided for personal use only and may not be resold, sold, re distributed, reproduced, duplicated, copied, or otherwise exploited except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968 or with the prior written consent of JCMA The Label.
Contacting Us
If you have any questions about these Terms of Use, please contact us at sales@jcmathelabel.com.