TERMS OF USE

Last updated: 12 November 2021

Welcome to www.jeffmccann.com.au, which, together with my other platforms (my website) is operated by Jeffrey McCann t/a Jeff McCann (ABN 51 325 782 740) (I, me, or my). The website operates as an ecommerce store for my products and services (Products and Services), and also as a platform through which you can access my Content (defined at section 3 below).

Terms of use
1. By using the website, you agree to be bound by these terms of use (Terms of Use). Please read them carefully. Your use of the website indicates your acceptance of these Terms of Use, as does your purchase of any of my Products or Services.
2. I reserve the right to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these terms regularly prior to using my website to ensure you are aware of any changes. Your continued use of the website and/or purchase or use of my Products and Services following any changes indicates your acceptance of the changes. The date these Terms of Use was last updated will be set out at the start of the document.
3. Questions about these Terms of Use can be submitted to me at hello@jeffmccann.com.au.
4. You can only use and access the website and purchase my Products and Services to the extent you are legally able to do so in your State, Territory and/or country, including in respect of age restrictions. Where age restrictions do apply, your parent and/or legal guardian can access and use the website, and/or purchase my Products and Services, on your behalf.
5. I reserve the right to prohibit anyone from using the website for any reason.
Account registration and accurate information
1. You can browse the website without creating an account, however, sometimes I may require you to create one to place an order and/or access certain functions of the website, including purchasing my Products and Services (Account). If you would like to delete your Account for any reason, please contact me at hello@jeffmccann.com.au.
2. Where you create an Account, you are responsible for maintaining the confidentiality of your password and registration attached to your Account and are fully responsible for all activities that occur under your Account. You agree to immediately notify me of any unauthorised use of your Account or any other breach of security.
3. You agree to provide current, complete, and accurate order and account information for all purchases made at my store, including when registering an Account. You agree to promptly update your Account and/or any other necessary information, including your email address, delivery address and payment methods (including expiration dates), so that I can complete your orders and contact you as needed.
Intellectual property rights
1. I own, or am the licensee of, all rights (including intellectual property rights), title and interests in and to all content, artworks and blogposts available on the website, including any text, graphics, photographs, logos, icons, images, and/or any audio-visual, audio and/or visual recordings (Content). These Terms of Use do not transfer any rights or ownership, including any intellectual property rights, from me to you or any third parties.
2. You must not (without my consent, which may be withheld):
  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Content and my Products and Services (including for any commercial purposes); and
  2. use my name, logo, graphics, and logos which appear on the website.
Video content disclaimer
1. You acknowledge that any videos on this website and my platforms, including YouTube, are owned by me and are intended for your non-commercial, educational use only and for the sole purpose of considering whether my Content and Services are suitable for your business or educational needs. Except as otherwise permitted by YouTube’s (or whichever platform you’re accessing my videos on) terms and conditions, you must not copy, distribute, republish, download, display, post or transmit my videos in any form or by any means without my prior written consent.
2. Information and/or materials provided by me in my videos in any form is general in nature and subject to change. I have no obligation to verify and/or update such information or materials. It is your responsibility to ensure that such information and/or materials are suitable for your needs.
Acceptable use
1. You must use the website (including my Content, Products and Services) for lawful purposes and in a way which does not infringe the rights of any third party or restrict or inhibit anyone’s use of the website and/or my Content, Products and Services.
2. You must not do any of the following in respect of the Content and/or my Products and Services.
  1. Copy, distribute, republish, download, display, post or transmit them in any form or by any means including but not limited to electronic, mechanical or otherwise.
  2. Use, copy, modify, or create derivative works of any of my Content and/or my Products and Services for any commercial use (including for use in a manner that competes with my business in any way).
  3. Engage in any activity that infringes the intellectual property rights, privacy, confidentiality, or other rights, of any third party.
  4. Engage in any activity that is or may be considered illegal, immoral or result in liability of any kind using my Content or Product and Services.
  5. Post or transmit any unauthorised material, including material that is (in my opinion) offensive, inflammatory, defamatory, racist, obscene or threatening.
Product Availability
1. Certain Products and/or Services may be available exclusively online through the website. These Products or Services may have limited quantities.
2. I have made every effort to display as accurately as possible the colours and images of my Products. I cannot guarantee that your computer monitor's display of any colour will be accurate.
3. I reserve the right at any time, in my sole discretion to modify or discontinue all or part of my Products and Services including their pricing.
Prices, GST, and refunds
1. Unless expressly stated otherwise, prices on my website are:
  1. in Australian Dollars;
  2. exclusive of any applicable taxes, including GST;
  3. exclusive of any shipping and delivery costs; and
  4. are subject to change without notice in my sole discretion.
2. All online debit/credit card transactions performed on the website are through secured payment gateways. All payment information is collected and stored by the third-party operators of the secured payment gateways, to be processed as required.
3. I will provide a refund or replacement where required to do so by law. Where you contact me regarding a refund or replacement, I reserve the right to request photographs or other reasonable evidence from you of, or in relation to, any Products in question.
4. In addition to your rights under any applicable laws, I may offer exchanges at my sole discretion. Where I do offer an exchange, to the extent permitted by law, all return postage and associated transaction fees for such exchanges are your responsibility and I am not liable or responsible for any lost, incomplete, or erroneous returns.
Promotions and discounts

Promotions or discounts are subject to their own specific terms and conditions as provided by me from time to time. I reserve the right to:

terminate, modify or extend any promotional offer at any time, without notice; or
cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.

Delivery of Products
1. Physical Products may be delivered by Australia Post and/or courier companies. Deliveries are processed promptly upon receipt of full payment. I cannot guarantee delivery within any specific timeframe and will not be liable for any delay in dispatch or delivery.
2. Damaged or lost orders should be resolved with Australia Post or the courier company directly using the reference number I will provide you once you have made your order.
3. Digital Products are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital Products. Should you have any technical problems downloading any of my digital Products, please contact me so I may try to assist you.
4. To the extent permitted by law, I am not liable or responsible for:
  1. Products that are damaged in transit or not received; or
  2. any loss or damage suffered as a result of any delay in delivery; or
  3. any lost, incomplete or erroneous deliveries, including where you have failed to provide me with accurate details and/or failed to update your details (including your name, email and/or delivery address).
5. Where you notify me of any delayed, lost, incomplete or erroneous deliveries, I will provide you with reasonable assistance as may be necessary. I will replace damaged or lost Products where required to do so by law or otherwise at my discretion.
Third party products and linked websites
1. The website and my services may contain links to third-party websites, products, and services, including for example, links to YouTube videos. I do not make any representations or warranties in relation to, and I exclude all liability from, such third-party websites, products and services.
2. You acknowledge that your use of, and access to, such third-party websites, products and services may be subject to additional fees and separate terms issued by the supplier of such third party websites, products and services (Third Party Supplier), which will form a separate agreement between you and the relevant Third Party Supplier.
Warranties and liability
1. Your use of my website, Content and Products and Services is entirely at your own risk. None of the information and/or materials provided through my website and/or my Products and Services, or otherwise by me, is in the nature of advice. Information and/or materials provided through the Products and Services is general in nature and subject to change and I have no obligation to verify and/or update such information or materials.
2. I do not provide warranties of any kind in relation to the website or my Products and Services. To the fullest extent permitted by law, and except where otherwise set out in these Terms of Use:
  1. I expressly disclaim all warranties, express or implied, of any kind with respect to the website and the Products and Services, including without limitation that the website will be uninterrupted or error-free or with regard to the results that may be obtained from the use of the website, or use of the Content, Products or Services provided through the website; and
  2. my directors, officers, employees, representatives and I will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the website, Content and/or my Products and Services.
3. To the extent permitted by law, the website, my Products and Services and all third-party content available to you through the website are provided "as is" and "as available" for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement.
4. These Terms of Use, including this clause and my disclaimer clause above do not limit or exclude any non-excludable rights you might have under any applicable law, including under Australian consumer law.
Indemnity

You agree to indemnify, hold harmless and keep my associates, directors, officers, employees, agents, contractors and I indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of, or relating to your conduct, your use of this website, your breach of provisions of these Terms of Use, or your breach of any third party’s rights, including intellectual property rights.

General
1. I may at any time and without notice, modify, suspend or terminate the operation of, or access to the website, or any part of, for any reason, to interrupt the operation of the website, or any part of, as necessary to perform maintenance, error correction or other changes.
2. Nothing in these Terms of Use will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
3. These Terms of Use contain the entire understanding between you and I concerning the subject matter of the agreement and supersedes all prior communications.
4. Any failure by me at any time to enforce these Terms of Use or any rights will not be a waiver of such rights or affect the validity of these Terms of Use.
5. If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.
6. These Terms of Use are governed by, and construed in accordance with, the laws of New South Wales, Australia and the courts of the jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms of Use.