Terms & Conditions
You agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review products/services and promotional information, for personal use, or to purchase products or merchandise for your personal use, unless otherwise specifically authorized by JAV Developments Pty Ltd to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorised by JAV Developments Pty Ltd to do so. The content and software on this Site is the property of JAV Developments Pty Ltd and/or its suppliers and is protected by Australian copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
JAV Developments Pty Ltd does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an “as-is” and “as-available” basis. JAV Developments Pty Ltd cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. JAV Developments Pty Ltd disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. JAV Developments Pty Ltd will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
JAV Developments Pty Ltd makes no guarantee of any specific result from use of this Site or use of the JAV Developments Pty Ltd service.
JAV Developments Pty Ltd disclaims any and all liability for the acts, omissions and conduct of any third party users, JAV Developments Pty Ltd users, advertisers and/or sponsors on the Site, in connection with the JAV Developments Pty Ltd service or otherwise related to your use of the Site and/or the JAV Developments Pty Ltd service. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to JAV Developments Pty Ltd at email@example.com. JAV Developments Pty Ltd may investigate the claim and take appropriate action, in its sole discretion.
JAV Developments Pty Ltd logos as well as JAV Developments Pty Ltd and designs found on this Site are registered trademarks of JAV Developments Pty Ltd. JAV Developments Pty Ltd’s trademarks may be used publicly only with the written permission of JAV Developments Pty Ltd.
Ownership of Materials
All materials on the Site are copyrighted and are protected under treaty provisions and world-wide copyright laws. JAV Developments Pty Ltd’s materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without JAV Developments Pty Ltd’s written permission. Except as expressly stated in the limited licence provision of these terms and conditions, JAV Developments Pty Ltd does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
Any information you provide to JAV Developments Pty Ltd remains your own under this Agreement, except in cases of copyright infringement. You may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant JAV Developments Pty Ltd a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicense, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyse, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to JAV Developments Pty Ltd, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to JAV Developments Pty Ltd, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in this Agreement. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your JAV Developments Pty Ltd account information accurate and updated.
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. In particular, users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user’s rights to use or access to the Site prior to that time if we believe that the alleged infringement has occurred.
Links and Search Results
The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. JAV Developments Pty Ltd has no control over these sites or the content within them. JAV Developments Pty Ltd cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. JAV Developments Pty Ltd does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against JAV Developments Pty Ltd for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us and we will investigate your claim and take any actions we deem appropriate in our sole discretion.
The following is a partial list of the kind of Content which is illegal or prohibited on the Site. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Although JAV Developments Pty Ltd cannot monitor the conduct of its users of the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
No Commercial Use
No area of this Site may be used by our visitors to conduct sales of Products, transactions, merchandise or other services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not use this Site to resell or link to other sites for the purpose of selling Products or transactions or related services of any kind without written or verbal agreement from JAV Developments Pty Ltd. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from use of the Site. We reserve the right to block access to this Site, or to cancel any online transaction/order with respect to any person who is known or reasonably believed to be: a) acting unlawfully, or breaching these Terms, or infringing our rights, or utilising automated means to process or place online transaction/orders that exceeds the stated limit; or b) associated with any person who is known or reasonably believed to be acting unlawfully, or breaching these Terms, or infringing our rights, or utilising automated means to process online transaction/orders exceeds the stated limit. Exceeding any limitations or breaching any terms on the Site will be deemed to be a breach of these Terms.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, non-commercial use) from our Site without the prior expressed written permission of JAV Developments Pty Ltd.
Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
Violation of the Terms
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will JAV Developments Pty Ltd be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if JAV Developments Pty Ltd has been advised of the possibility of such damages.
This Site is controlled and operated by JAV Developments Pty Ltd from its offices in Western Australia. If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed and construed by Australian law. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this Site, litigation must be brought in court in Western Australia without regard to its conflict of law provisions.
You agree to indemnify and hold JAV Developments Pty Ltd, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.
Notify us of acts contrary to the Agreement.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
JAV Developments Pty Ltd Applications
JAV Developments Pty Ltd may offer the Services through applications built using web platform (“JAV Developments Pty Ltd Applications”). Examples of JAV Developments Pty Ltd Applications include its smart phone applications (JAV Developments Pty Ltd for Blackberry or JAV Developments Pty Ltd for iPhone), and JAV Developments Pty Ltd’s “Share” buttons and other interactive plugins distributed on websites across the web. JAV Developments Pty Ltd Applications are distinct from third party Platform Applications. If you use a JAV Developments Pty Ltd Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing JAV Developments Pty Ltd plugins that load in your browser may be communicated to us.
Further, by importing any of your JAV Developments Pty Ltd data through the JAV Developments Pty Ltd Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your JAV Developments Pty Ltd account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing JAV Developments Pty Ltd through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Contributions to JAV Developments Pty Ltd
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to JAV Developments Pty Ltd through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) JAV Developments Pty Ltd is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) JAV Developments Pty Ltd shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) JAV Developments Pty Ltd may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to JAV Developments Pty Ltd all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from JAV Developments Pty Ltd under any circumstances.
You may terminate this Agreement, for any or no reason, at any time, with notice to JAV Developments Pty Ltd. This notice will be effective upon JAV Developments Pty Ltd processing your notice. JAV Developments Pty Ltd may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only JAV Developments Pty Ltd or the party paying for the services may terminate your access to any account or Services. Termination of your JAV Developments Pty Ltd account includes disabling your access to JAV Developments Pty Ltd and may also bar you from any future use of the site.
JAV Developments Pty Ltd may restrict, suspend or terminate the account of any User who abuses or misuses the Services as per the prohibited content section.
Upon the termination of your JAV Developments Pty Ltd account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Your Rights and Our Rights and Obligations hereof.
Transaction Terms and Conditions
JAV Developments Pty Ltd acts as transaction agent only in respect of all transactions we make on your behalf. We undertake no responsibility for and are not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of any of the providers and other suppliers of services who sell their products and services through us. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of a provider or other supplier of product (or their employees or agents) or you having any complaint about the quality of the services provided or having any other complaint at all, your sole right of redress will be against the independent third party who provided such service and JAV Developments Pty Ltd will be under no liability at all (whether in contract, tort or otherwise howsoever).
You understand that we may not have conducted any quality or other checks on the providers and we make no representations about the suitability of the and/or products or services offered for sale through the Site. The inclusion or offering for sale of an and/or services by JAV Developments Pty Ltd does not constitute an express or implied endorsement or recommendation by JAV Developments Pty Ltd of such or services. We do not guarantee the accuracy of, and disclaim liability for any inaccuracies relating to the and services offered for sale through us.
Where you, or any of the people that you are transaction on behalf of, are in breach of any of the provisions of these Terms or contravention of any laws or rights of a third party, we reserve the right to cancel your transaction without refund or compensation in any way and recover from you any costs incurred as a result of your behaviour.
Any information placed on the Site relating to products advertised on the Site including, but without limitation, details of the product, the product availability, the price of the product, the facilities available in the product, any accreditations afforded to the product and/or any details relating to any other services advertised on the Site have been placed on the Site by and/or service providers who are independent businesses and are not agents or employees of JAV Developments Pty Ltd or its affiliates. Such information does not constitute any advice or recommendation given by JAV Developments Pty Ltd shall not be held liable for inaccuracies or errors in the contents or any of its elements. These independent businesses provide the services in accordance with their own terms and conditions which may limit or exclude their liability to you. JAV Developments Pty Ltd and its affiliates are not liable for any acts, omissions, breaches or negligence of any such independent businesses or any damages or expenses resulting from the aforesaid. JAV Developments Pty Ltd and its affiliates are not liable for any refunds in the event of force majeure or any other cause beyond their control. As JAV Developments Pty Ltd acts only as a transaction agent we will have no responsibility for any errors in any documentation except where those errors were made by JAV Developments Pty Ltd.
To confirm a transaction, you must be authorised to make the transaction by all persons named on the transaction and their parent or guardian for all party members who are under 18 when the transaction is made. By making the transaction, you are confirming that all persons named on the transaction accept the Terms and that you will inform the other persons named on the transaction of the confirmation details and any other appropriate information. By making the transaction you also become responsible for making all payments due under the transaction.
In the event that you call JAV Developments Pty Ltd by telephone, or are called by JAV Developments Pty Ltd regarding your transaction, calls may be recorded for monitoring and training purposes. In the event of a dispute regarding a transaction, JAV Developments Pty Ltd reserves the right to review any call information.
Age & Responsibility
You warrant that you are have legal capacity to use the Site and to create a legally binding contract.
You warrant that all personal information submitted during a transaction is correct and you accept financial responsibility for all transactions made under your name or account.
You hereby authorise JAV Developments Pty Ltd to process all Personal Information about you and the persons named on the transaction that has been obtained in connection with your transaction. Personal information shall be deemed to include, but not be limited to: any telephone numbers, fax numbers, email addresses, addresses of residences, signatures, bank statements, or any other information belonging to you or your group.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the products and services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other JAV Developments Pty Ltd services, third-party content or third party software.
Amendments to this Agreement
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.javdevelopments.com.au or notifying you otherwise.