Terms and Conditions

1. About the Website

(a) Welcome to Tipsyjam.com.au (the 'Website'). The Website provides you with an

opportunity to browse and purchase various products that have been listed for

sale through the Website (the 'Products'). The Website provides this service by

way of granting you access to the content on the Website (the 'Purchase

Services').

(b) The Website is operated by Tipsy Jam(ABN 85859489074). Access to and use of

the Website, or any of its associated Products or Services, is provided by Tipsy

Jam. Please read these terms and conditions (the 'Terms') carefully. By using,

browsing and/or reading the Website, this signifies that you have read, understood

and agree to be bound by the Terms. If you do not agree with the Terms, you must

cease usage of the Website, or any of Services, immediately.

this page at its sole discretion. When Tipsy Jam updates the Terms, it will use

reasonable endeavours to provide you with notice of updates to the Terms. Any

changes to the Terms take immediate effect from the date of their publication.

Before you continue, we recommend you keep a copy of the Terms for your

records.

2. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the

Terms by clicking to accept or agree to the Terms where this option is made

available to you by Tipsy Jam in the user interface.

3. Registration to use the Purchase Services

(a) In order to access the Purchase Services, you must first register as a user of the

Website. As part of the registration process, or as part of your continued use of the

Purchase Services, you may be required to provide personal information about

yourself (such as identification or contact details), including:

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(v) Password

(b) You warrant that any information you give to Tipsy Jam in the course of completing

the registration process will always be accurate, correct and up to date.

member of the Website ('Member') and agree to be bound by the Terms. As a

Member you will be granted immediate access to the Purchase Services.

(d) You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Tipsy Jam; or

(b) you are a person barred from receiving the Purchase Services under the

laws of Australia or other countries including the country in which you are

resident or from which you use the Purchase Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase

Services only for purposes that are permitted by:

(i) the Terms;

(ii) any applicable law, regulation or generally accepted practices or guidelines

in the relevant jurisdictions;

(iii) you have the sole responsibility for protecting the confidentiality of your

password and/or email address. Use of your password by any other person

may result in the immediate cancellation of the Purchase Services;

(iv) any use of your registration information by any other person, or third

parties, is strictly prohibited. You agree to immediately notify Tipsy Jam of

any unauthorised use of your password or email address or any breach of

security of which you have become aware;

(v) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of Tipsy Jam providing

the Purchase Services;

(vi) you will not use the Purchase Services or Website for any illegal and/or

unauthorised use which includes collecting email addresses of Members by

electronic or other means for the purpose of sending unsolicited email or

unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms

of solicitation may be removed from the Website without notice and may

result in termination of the Purchase Services. Appropriate legal action will

be taken by Tipsy Jam for any illegal or unauthorised use of the Website;

and

(viii) you acknowledge and agree that any automated use of the Website or its

Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase the Product through the Website, you

will agree to the payment of the purchase price listed on the Website for the

Product (the 'Purchase Price').

(b) Payment of the Purchase Price may be made through Square (the 'Payment

Gateway Provider'). In using the Purchase Services, you warrant that you have

familiarised yourself with, and agree to be bound by, the applicable Terms and

Conditions of Use, Privacy Policy and other relevant legal documentation provided

by the Payment Gateway Providers.

be issued with a receipt to confirm that the payment has been received and Tipsy

Jam may record your purchase details for future use.

(d) Tipsy Jam may, at their sole discretion, provide a refund on the return of the

Products within 7 days days where the Product packaging is unopened and

remains in a saleable condition. You acknowledge and agree that you are liable for

any postage and shipping costs associated with any refund pursuant to this

clause.

6. Warranty

(a) Tipsy Jam's Products come with guarantees that cannot be excluded under the

Australian Consumer Law. You are entitled to a replacement or refund for a major

failure of the Product and compensation for any other reasonably foreseeable loss

or damage. You are also entitled to have the Products repaired or replaced if the

Products fail to be of acceptable quality and the failure does not amount to a major

failure (the 'Warranty').

(b) You may make a claim under this clause (the 'Warranty Claim ') for material

defects and workmanship in the Products within 1 year from the date of purchase

(the 'Warranty Period').

proof of purchase to Tipsy Jam showing the date of purchase of the Products,

provide a description of the Products and the price paid for the Products by

sending written notice to Tipsy Jam at 1 Hamilton St, Riverview, New South Wales,

2066 or by email at tipsyjam.au@gmail.com.

(d) Where the Warranty Claim is accepted then Tipsy Jam will, at its sole discretion,

either repair or replace any defective Products or part thereof with a new or

remanufactured equivalent during the Warranty Period at no charge to you for

parts or labour. You acknowledge and agree that you will be solely liable for any

postage or shipping costs incurred in facilitating the Warranty Claim.

(e) The Warranty shall be the sole and exclusive warranty granted by Tipsy Jam and

shall be the sole and exclusive remedy available to you in addition to other rights

and under a law in relation to the Products to which this warranty relates.

(f) All implied warranties including the warranties of merchantability and fitness for

use are limited to the Warranty Period.

(g) The Warranty does not apply to any appearance of the supplied Products nor to

the additional excluded items set forth below nor to any supplied Products where

the exterior of which has been damaged or defaced, which has been subjected to

misuse, abnormal service or handling, or which has been altered or modified in

design or construction.

7. Delivery

(a) You acknowledge that the Purchase Services offered by Tipsy Jam integrate

delivery (the ' Delivery Services') through the use of third party delivery

companies (the ' Delivery Service Providers').

(b) In providing the Purchase Services, Tipsy Jam may provide you with a variety of

delivery and insurance options offered as part of the Delivery Services by the

Delivery Service Providers. You acknowledge and agree that Tipsy Jam is not the

provider of these delivery and insurance options and merely facilitates your

interaction with the Delivery Service Providers in respect to providing the Delivery

Services.

Tipsy Jam asks that you:

(i) contact the Delivery Service Provider directly to request a refund or to claim

on any insurance options available; and

(ii) contact us by sending an email to tipsyjam.au@gmail.com outlining in what

way the Products were damaged in transit so we are able to determine if

the Delivery Service Provider should be removed from the Purchase

Services.

8. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of Tipsy Jam

are subject to copyright. The material on the Website is protected by copyright

under the laws of Australia and through international treaties. Unless otherwise

indicated, all rights (including copyright) in the site content and compilation of the

website (including text, graphics, logos, button icons, video images, audio clips

and software) (the 'Content') are owned or controlled for these purposes, and are

reserved by Tipsy Jam or its contributors.

(b) Tipsy Jam retains all rights, title and interest in and to the Website and all related

content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright of Tipsy Jam; or

(b) the right to use or exploit a business name, trading name, domain name,

trade mark or industrial design; or

of any other relevant rights owners: broadcast, republish, up-load to a third party,

transmit, post, distribute, show or play in public, adapt or change in any way the

Content or third party content for any purpose. This prohibition does not extend to

materials on the Website, which are freely available for re-use or are in the public

domain.

9. Privacy

(a) Tipsy Jam takes your privacy seriously and any information provided through your

use of the Website and/or the Purchase Services are subject to Tipsy Jam's

10. General Disclaimer

(a) You acknowledge that Tipsy Jam does not make any terms, guarantees,

warranties, representations or conditions whatsoever regarding the Products other

than provided for pursuant to these Terms.

(b) Tipsy Jam will make every effort to ensure a Product is accurately depicted on the

Website, however, you acknowledge that sizes, colours and packaging may differ

from what is displayed on the Website.

representations or conditions implied or imposed by law, including the Australian

Consumer Law (or any liability under them) which by law may not be limited or

excluded.

(d) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in these Terms are excluded; and

(ii) Tipsy Jam will not be liable for any special, indirect or consequential loss or

damage (unless such loss or damage is reasonably foreseeable resulting

from our failure to meet an applicable Consumer Guarantee), loss of profit

or opportunity, or damage to goodwill arising out of or in connection with

the Purchase Services or these Terms (including as a result of not being

able to use the Purchase Services or the late supply of the Purchase

Services), whether at common law, under contract, tort (including

negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of Tipsy Jam

(including the Delivery Services), is at your own risk. Everything on the Website,

the Purchase Services, and the Products of Tipsy Jam, are provided to you on an

"as is" and "as available" basis, without warranty or condition of any kind. None of

the affiliates, directors, officers, employees, agents, contributors, third party

content providers or licensors of Tipsy Jamincluding any third party where the

Delivery Services are made available to you) make any express or implied

representation or warranty about its Content or any products or Purchase Services

(including the products or Purchase Services of Tipsy Jam) referred to on the

Website. This includes (but is not restricted to) loss or damage you might suffer as

a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure

to correct defects, delay in operation or transmission, computer virus or

other harmful component, loss of data, communication line failure, unlawful

third party conduct, or theft, destruction, alteration or unauthorised access

to records;

(ii) the accuracy, suitability or currency of any information on the Website, the

Purchase Service, or any of its Content related products (including third

party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Purchase Services

or any of the Products;

(iv) the Content or operation in respect to links which are provided for the

User's convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce

transacted on the Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties

or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

(a) Tipsy Jam's total liability arising out of or in connection with the Purchase Services

or these Terms, however arising, including under contract, tort (including

negligence), in equity, under statute or otherwise, will not exceed the most recent

Purchase Price paid by you under these Terms or where you have not paid the

Purchase Price, then the total liability of Tipsy Jam is the resupply of information or

Purchase Services to you.

(b) You expressly understand and agree that Tipsy Jam, its affiliates, employees,

agents, contributors, third party content providers and licensors shall not be liable

to you for any direct, indirect, incidental, special consequential or exemplary

damages which may be incurred by you, however caused and under any theory of

liability. This shall include, but is not limited to, any loss of profit (whether incurred

directly or indirectly), any loss of goodwill or business reputation and any other

intangible loss.

the Content and Third Party Content) posted on the Website or in connection with

the Purchase Services, whether posted or caused by users of the website of Tipsy

Jam, by third parties or by any of the Purchase Services offered by Tipsy Jam.

(d) You acknowledge that Tipsy Jam does not provide the Delivery Services to you

and you agree that Tipsy Jam will not be liable to you for any special, indirect or

consequential loss or damage, loss of profit or opportunity, or damage to goodwill

arising out of or in connection with the Delivery Services.

12. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Tipsy Jam as

set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) notifying Tipsy Jam at any time; and

(ii) closing your accounts for all of the Purchase Services which you use,

where Tipsy Jam has made this option available to you.

homepage.

(d) Tipsy Jam may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any

provision;

(ii) Tipsy Jam is required to do so by law;

(iii) the partner with whom Tipsy Jam offered the Purchase Services to you has

terminated its relationship with Tipsy Jam or ceased to offer the Purchase

Services to you;

(iv) Tipsy Jam is transitioning to no longer providing the Purchase Services to

Users in the country in which you are resident or from which you use the

service; or

(v) the provision of the Purchase Services to you by Tipsy Jam is, in the

opinion of Tipsy Jam, no longer commercially viable.

(e) Subject to local applicable laws, Tipsy Jam reserves the right to discontinue or

cancel your membership to the Website at any time and may suspend or deny, in

its sole discretion, your access to all or any portion of the Website or the Purchase

Services without notice if you breach any provision of the Terms or any applicable

law or if your conduct impacts Tipsy Jam's name or reputation or violates the

rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities

that you and Tipsy Jam have benefited from, been subject to (or which have

accrued over time whilst the Terms have been in force) or which are expressed to

continue indefinitely, shall be unaffected by this cessation, and the provisions of

this clause shall continue to apply to such rights, obligations and liabilities

indefinitely.

13. Indemnity

(a) You agree to indemnify Tipsy Jam, its affiliates, employees, agents, contributors,

third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered or

arising out of or in connection with any Content you post through the

Website;

(ii) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so and any breach by you or your agents

of these Terms; and/or

(iii) any breach of the Terms.

14. Dispute Resolution

(a) Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence

any Tribunal or Court proceedings in relation to the dispute, unless the following

clauses have been complied with (except where urgent interlocutory relief is

sought).

(b) Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms,

must give written notice to the other party detailing the nature of the dispute, the

desired outcome and the action required to settle the Dispute.

On receipt of that notice ('Notice') by that other party, the parties to the Terms

('Parties') must:

(i) Within 7 days days of the Notice endeavour in good faith to resolve the

Dispute expeditiously by negotiation or such other means upon which they

may mutually agree;

(ii) If for any reason whatsoever, 2 weeks days after the date of the Notice, the

Dispute has not been resolved, the Parties must either agree upon

selection of a mediator or request that an appropriate mediator be

appointed by the President of the ...... or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a

mediator and the cost of the venue of the mediation and without limiting the

foregoing undertake to pay any amounts requested by the mediator as a

pre-condition to the mediation commencing. The Parties must each pay

their own costs associated with the mediation;

(iv) The mediation will be held in Sydney, Australia.

(d) Confidential:

All communications concerning negotiations made by the Parties arising out of and

in connection with this dispute resolution clause are confidential and to the extent

possible, must be treated as "without prejudice" negotiations for the purpose of

applicable laws of evidence.

(e) Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the

Dispute has not been resolved, either Party may ask the mediator to terminate the

mediation and the mediator must do so.

Approved by

15. Venue and Jurisdiction

(a) The Purchase Services offered by Tipsy Jam is intended to be viewed by residents

of Australia. In the event of any dispute arising out of or in relation to the Website,

you agree that the exclusive venue for resolving any dispute shall be in the courts

of New South Wales, Australia.

16. Governing Law

(a) The Terms are governed by the laws of New South Wales, Australia. Any dispute,

controversy, proceeding or claim of whatever nature arising out of or in any way

relating to the Terms and the rights created hereby shall be governed, interpreted

and construed by, under and pursuant to the laws of New South Wales Australia,

without reference to conflict of law principles, notwithstanding mandatory rules.

The validity of this governing law clause is not contested. The Terms shall be

binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent

legal advice and declare the Terms are not against public policy on the grounds of

inequality or bargaining power or general grounds of restraint of trade.

18. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of

competent jurisdiction, that part shall be severed and the rest of the Terms shall

remain in force.

Jams, Jellies and Preserves

Terms and Conditions

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