Terms and Conditions

Terms and Conditions

The terms and conditions (“Terms”) set out below govern your use of the Jennifer Pearce application and/or Jennifer Pearce website. Please read the Terms carefully and make sure you understand them. By purchasing our Services, you agree with the Terms. If you do not agree with the Terms, do not use the services provided by Jennifer Pearce.

We amend these Terms from time to time. Every time you subscribe to our service please check these Terms to ensure you understand the Terms that will apply at that time.

These Terms and our privacy policy constitutes the entire agreement between you and us and supersedes and extinguishes, if applicable, all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the Services.

1. INFORMATION ABOUT US

1.1 Jennifer Pearce website is owned and operated by Adam Laurance. The website address is www.adammagic.com.au

2. ELECTRONIC AGREEMENT

2.1 Your use of the Services includes your authority to bind your company and your company’s ability to enter into this agreement of the Terms and make transactions electronically with Jennifer Pearce. You acknowledge that your electronic submission constitutes your agreement and your intent to be bound by and to pay Jennifer Pearce for the Services. Your agreement and intent to be bound by your electronic submission applies to transactions to be entered into with Jennifer Pearce, including notices of cancellation of Services and policies.

2.2 Jennifer Pearce is not responsible for any typographic errors on the Jennifer Pearce application and website.

4. ACCESSING OUR WEBSITE AND OUR APPLICATION

4.1 Our website is made available free of charge.

4.2 We do not guarantee that our website or the Jennifer Pearce application or any content on either of them, will always be available or be uninterrupted. Access to our website and our Jennifer Pearce application is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website or Jennifer Pearce application without notice. We will not be liable to you if for any reason our website or the Jennifer Pearce application is unavailable at any time or for any period.

4.3 You are responsible for making all arrangements necessary for you to have access to our website and Jennifer Pearce application.

4.4 You are also responsible for ensuring that all persons who access our website and our Jennifer Pearce application through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

5. CHANGES TO OUR WEBSITE
5.1 We may update our website from time and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.
5.2 We do not guarantee that our website or any content on it, will be free from errors or omissions.

6. YOUR ACCOUNT AND PASSWORD
6.1 In order to provide the Services to you, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account.

6.2 You agree to immediately notify Jennifer Pearce of any unauthorized use of your password or account or any other breach of security. Jennifer Pearce cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

6.3 We have the right to refuse your registration and to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

7. INTELLECTUAL PROPERTY RIGHTS
7.1 Jennifer Pearce is the owner or the licensee of all intellectual property rights in our website, Jennifer Pearce application and in all material published on both the website and the Jennifer Pearce application. Those works and the Services contain proprietary and confidential information that are protected by copyright laws and treaties around the world. All such rights are reserved.

7.2 Jennifer Pearce claims no ownership or control over any content submitted, posted or displayed by you on or through the Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through the Services which are intended to be available to the members of the public, you grant Jennifer Pearce a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such content on the Services for the purpose of displaying, distributing and promoting the Services. Jennifer Pearce reserves the right to syndicate the content submitted, posted or displayed by you on or through the Services and use that content in connection with any other service offered by Jennifer Pearce. Jennifer Pearce furthermore reserves the right to refuse to accept, post, display or transmit any content in its sole discretion.

8. INDEMNITY

8.1 You agree to hold harmless and indemnify Jennifer Pearce, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “Jennifer Pearce”) from and against any third party claim arising from or in any way related to your use of the Services, violation of the Terms or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature. In such a case, Jennifer Pearce will provide you with written notice of such claim, suit or action.

9. LIMITATION OF OUR LIABILITY
9.1 You expressly understand and agree that Jennifer Pearce and Partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Jennifer Pearce or its Partners have been advised of the possibility of such damages) resulting from:

14.4.1 the use or the inability to use the Services;
14.4.2 the cost of procurement of substitute Services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Services;
14.4.3 unauthorized access to or alteration of your transmissions or data;
14.4.4 statements or conduct of any third party regarding the Services;
14.4.5 use of or reliance on any content displayed on our website or Jennifer Pearce application; or
14.4.6 any other matter relating to the Services.

9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to our website and Jennifer Pearce application or any content either, whether express or implied.9.3 We assume no responsibility for the content of websites linked on our website and on the Jennifer Pearce application. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

9.4 Our liability to you will be limited to the maximum extent permitted by law.

9.5 We only supply the Services for internal use by your business, and you agree not to use the Services for any resale purposes.

10. DISCLAIMER OF WARRANTIES
10.1 Jennifer Pearce do not warrant that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Services will be accurate or reliable, (iv) the quality of the application, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Jennifer Pearce application will be corrected.

10.2 Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

10.3 No advice or information, whether oral or written, obtained by you from Jennifer Pearce or through or from the Services shall create any warranty not expressly stated in the terms.

11. VIRUSES
11.1 We do not guarantee that our website or the Jennifer Pearce application will be secure or free from bugs or viruses.

11.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our website, Jennifer Pearce application and Services. You should use your own virus protection software.

11.3 You must not misuse our website or Jennifer Pearce application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website or Jennifer Pearce application, the server on which our website or Jennifer Pearce application is stored or any server, computer or database connected to our website Jennifer Pearce application. You must not attack our website or Jennifer Pearce application via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use our Services will cease immediately.

11.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website, Jennifer Pearce application or to your downloading of any content on either, or on any website linked to them.

12. LINKING TO OUR WEBSITE AND THE Jennifer Pearce APPLICATION
12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We have no control over the content of those websites or resources and you acknowledge and agree that Jennifer Pearce is not responsible for the availability of such external websites or resources. You further acknowledge and agree that Jennifer Pearce shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or services available on or through any such website, application or resource.

12.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You also must not establish a link to our website or Jennifer Pearce application in any website or application that is not owned by you.

12.3 Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

12.4 We reserve the right to withdraw linking permission without notice.

13. AUTOMATIC UPDATES
13.1 The Jennifer Pearce application may automatically download upgrades to update, enhance and further develop the Services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

14. APPROPRIATE CONDUCT
14.1 You agree that you are responsible for your own conduct and any content that you create, transmit or display while using the Services and for any consequences relating to such content or conduct. You agree to use the Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts the Services or servers or networks connected to the Services.

15. TERMINATION
15.1 Jennifer Pearce may terminate the Terms with you at any time and at Jennifer Pearce’s discretion if Jennifer Pearce is of the opinion you breached the Terms.

15.2 If Jennifer Pearce terminates the Terms in accordance with clause 15.1, then Jennifer Pearce may revoke all access to the Services, including without limitation, removing access to the Services and all software code.

16. APPLICABLE LAW
16.1 The Terms are governed and construed in accordance with the laws of Victoria, Australia. We both agree to the exclusive jurisdiction of the courts of that State.

17. WAIVER AND SEVERABILITY OF TERMS
17.1 The failure of Jennifer Pearce to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, we both agree that the court should endeavor to give effect to our intentions as reflected in these Terms, and the other provisions of the Terms remain in full force and effect.

19. THANK YOU FOR VISITING OUR WEBSITE.