Terms & Conditions/Terms Of Use

Jimy Industrial PTY LTD WEBSITE TERMS & CONDITIONS

This web site and its contents (“Web Site”) are owned and operated by Jimy Industrial Pty Ltd, T/AS Jimy Tools & Equipment of 5 Cord Street, Dudley Park SA 5008 AUSTRALIA (“Jimy Tools”). The use of this Web Site is governed by the following terms and conditions. There conditions and terms can be amended from time to time.

 

By using this Web Site you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions (including any amendments to them) you should immediately cease using the Web Site. The Web Site may be updated from time to time, including these Terms and Conditions. Jimy Tools encourages you to check this document regularly. By continuing to use this Web Site after these Terms and Conditions have been updated, you acknowledge that you have read and understood the updated Terms and Conditions and agree to be bound by them.

 

Intellectual property and restrictions on use of content

 

The Web Site and the materials on this Web Site are subject to copyright. Unless otherwise indicated, the copyright is owned by Jimy Tools, which reserve all rights. Except for the direct purpose of viewing, printing, accessing or interacting with the Web Site for your own personal use or as otherwise indicated on the Web Site or these Terms and Conditions, you must not reproduce, modify, communicate to the public, adapt, transfer, distribute or store any of the contents of the Web Site, or incorporate any part of the Web Site into another web site without Jimy Tools consent.

 

The Web Site also includes registered and unregistered trademarks, which are owned by Jimy Tools. Except to the extent that it is expressly indicated to the contrary, your access to or use of this Web Site does not constitute or create a licence or any other right to use the name, trade dress, trademarks, copyrights or any other intellectual property which appears on the Web Site. Jimy Tools reserves the right to revise the content of, amend links from or withdraw access to the Web Site at any time without notice and without liability to you or any other person.

 

Software and other digital materials available for download

 

From time to time certain software and related digital materials may be expressly made available by Jimy Tools for downloading from the Web Site. Unless those software or materials are expressed to be pursuant to specific conditions (in which case those conditions will apply), Jimy Tools grants to you a personal, non-transferable, and non-exclusive licence to use the relevant software or materials for your own private use, provided that you do not copy, communicate to the public, modify, reverse engineer, or otherwise transfer or purport to transfer any right in them, and provided also that you ensure that all copies of such software and materials retain any copyright or other intellectual property notices. Except as otherwise provided for in the terms of any express licence agreement, Jimy Tools gives no warranties (either express or implied) as to the completeness, accuracy or reliability of such software or materials, and they are downloaded and used by you entirely at your own risk.

 

Personal information

 

Jimy Tools may collect, use and disclose personal information about you obtained by Jimy Tools from your use of the Web Site. Jimy Tools management of this information is governed by the Privacy Policy. 

 

Links to Third Party Sites and Third Party Advertisements

 

Jimy Tools assumes no responsibility and accepts no liability for the condition or content of third party web sites which may be linked to or accessed from the Web Site. Except as Jimy Tools may specifically direct otherwise, Jimy Tools does not authorise the content of those third party web sites. The Web Site may also contain third party advertisements which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on this Web Site does not necessarily constitute the recommendation or endorsement of Jimy Tools for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

 

Content and other information provided by you and others

 

Certain parts of the Web Site may allow you to post messages or otherwise submit materials for publication on the Web Site. It is a condition of your use of, and continued access to, the Web Site that you do not restrict of inhibit any other user from using or enjoying the Web Site (or part of it) and do not post any material which is obscene, offensive, pornographic, defamatory, racist, discriminatory, in breach of third party rights (including intellectual property rights) or otherwise in breach of the law.

 

Jimy Tools may monitor or review the contents of messages and materials posted on the Web Site and reserves the right to edit, refuse to post, or remove any message and materials from the Web Site as it sees fit and without liability. However, Jimy Tools is under no obligation to perform these activities and does not warrant that it will do so. The information and opinions expressed by users of the Web Site are those of the relevant individuals who post them, and Jimy Tools is not responsible for them.

 

You grant to Jimy Tools a non-exclusive perpetual royalty free licence to copy, adapt, communicate to the public and otherwise use all or any part of the materials, information, ideas, concepts, know-how or techniques provided directly or indirectly by you through the Web Site or your use of the Web Site (including without limitation information gained from the fact that you have accessed the Web Site and information, goods or services you have sought from the Web Site (“Information”). You warrant that you have the ability to grant such rights to Jimy Tools, and agree to indemnify Jimy Tools if any third party takes action against Jimy Tools in relation to Information you provide. All Information and other materials received from you shall be deemed to be non-confidential. 

 

Indemnity

 

You agree to indemnify and keep indemnified Jimy Tools, related companies of Jimy Tools and their directors, officers, employees, agents and contractors in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which Jimy Tools, related companies of Jimy Tools and their directors, officers, employees, agents and contractors may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the Web Site (or any part of it) or your breach of these Terms and Conditions. 

 

Competitions and promotions

 

Certain parts of the Web Site may contain competitions or promotions from Jimy Tools or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Jimy Tools specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you. All competitions and promotions are only open to persons located in Australia who are over 18 years of age, and prizes will not be awarded to people who do not meet this requirement at the time of entry.

 

Disclaimer and Limitation of Liability

 

The Web Site and its entire contents are provided on an “as is” basis.  Jimy Tools, related companies of Jimy Tools, and their directors, officers, employees, agents and contractors give or make no representation or warranty (either express or implied) as to the completeness, accuracy, reliability or availability of the Web Site or its contents nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the contents of this Web Site. You should be aware that information current to a particular time or date as placed on the Web Site does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on this Web Site is updated.

 

Jimy Tools, related companies of Jimy Tools, and their directors, officers, employees, agents and contractors are not liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising from your use or non-use of the Web Site (including the downloading of any materials or the purchase or attempted purchase of any products), or your reliance upon information contained upon it (whether arising from Jimy Tools or any other person’s negligence or otherwise). Where any Act of Parliament implies any term, condition, representation or warranty into the contents of this Web Site or your use of or access to the Web Site, and that Act prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If so, and to the extent permitted by the Act, Jimy Tools liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant good or services again, as Jimy Tools may choose.

 

Termination

 

Jimy Tools reserves the right to revise the content of, amend links from, or withdraw access to the Web Site at any time without notice and liability to you. Your membership of the Web Site, your ability to participate in all or certain parts of the Web Site, or your ability to access the Web Site may be terminated at any time without notice, and without any liability to you. 

 

Miscellaneous

 

A right relating to these Terms and Conditions may only be waived by Jimy Tools in writing. These Terms and Conditions are governed by and construed in accordance with the laws of South Australia, Australia. By using the Web Site you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Australia. If any provision of these Terms and Conditions are found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect. Jimy Tools failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by Jimy Tools in writing.

 

Every effort is made to ensure advertised stock is available, however due to factors beyond the control of Jimy Industrial Pty. Ltd. not all products advertised may be available.

From time to time stock may be incorrectly displayed as “In Stock” whereas the item may be physically out of stock. In this circumstance, Jimy Tools will contact you regarding your order. Jimy Tools will communicate with you to ensure that an amicable resolution is achieved.

Jimy Tools will:

  1. Offer you a comparable product, which may suit your needs.
  2. Should you choose, the product can be placed on back order to be sent to you upon arrival
  3. A refund can be organised should any of the above resolutions be suitable.

Prices may vary from stockist to stockist. Web Site pricing is calculated in good faith as the average sale price at the time of preparation. Prices shown are displayed in Australian Dollars (AUD) only (GST Inclusive).

On the occasion that a product displays a “$0” or “free” value, it will require you to call or email Jimy Tools for a quote. Items will not be shipped until value is agreed via contact with Jimy Tools.

All sizes shown are approximate only. Accessories shown do not come with the product unless otherwise specified. Due to electronic processes, colours may vary slightly to actual item.

 

Issue Date: 1st January 2016

Jimy Industrial PTY LTD WEBSITE TERMS OF USE

TERMS OF USE – JIMY TOOLS

Welcome to the Jimy Tools website. This website is owned by, and its content is published by Jimy Industrial Pty Ltd ACN 600 016 144 (“Jimy Industrial Pty. Ltd.“) and its related brands.

 

In these Terms of Use, “we”, “us” or “our” means Jimy Industrial Pty Ltd and includes directors, employees and agents; and “you” or “your” means the person who accepts these Terms of Use, by using this website.

Jimy Industrial Pty Ltd provides this website as part of its overall service to you. By accessing or using any of the content, information, data, text, graphics, photographs and other materials (“Material“) on this website or by ordering any products through this website, you agree to these Terms of Use, Jimy Industrial Pty Ltd Privacy Policy and all disclaimers that appear on this website. If you do not agree with these Terms of Use or the Jimy Industrial Pty Ltd Privacy Policy, you should not use this website.

 

jimy industrial pty ltd PRIVACY POLICY

For an explanation of the policies of Jimy Industrial Pty Ltd relating to the collection, use, and storage of personal information of users of this website, and information collected automatically through ‘cookies’ and clickstream information, please refer to the Jimy Industrial Pty Ltd Privacy Policy available on this page.

 

ONLINE SHOPPING

Part of this website is a shopping website where you can browse, select and order products from Jimy Tools.

To purchase goods via this website, you may create an account or check-out as a guest.

If you check out as a guest, full access to functionality on this website may not be available to you including order history, order status, address book and receipt of additional marketing communications.

In order to create an account, you must provide personal details and contact information. You are responsible for maintaining the confidentiality of your account or password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Regardless of whether you create an account or check out as a guest, you warrant that all details you provide to us are accurate and correct, that the information you have provided to us is correct at the time of ordering and that you accept the responsibility that fulfilment of your order is predicated on the information that you have provided to us. This website is intended for use by persons aged 18 years or older. Users under 18 are advised to ask a parent or guardian for their permission before purchasing any products from this website.

 

INFORMATION ON THIS WEBSITE

The information on this website is intended for general, public information only and should not be considered to be complete or definitive. We take all reasonable steps to ensure that information on this website is correct; however we do no warrant that it is accurate or complete. To the maximum extent permitted by law, Jimy Industrial Pty Ltd accepts no responsibility regarding the completeness or accuracy of information on this website and use of such information is at your own risk.

When you visit the Jimy Tools website, the following information will be recorded by our Internet Service Provider (“ISP”) for statistical purposes:

  • your server address
  • your top level domain name (eg: .com, .gov, .au, etc)
  • the date and time of your visit to this website
  • the pages accessed and documents downloaded
  • the previous websites visited; and
  • the type of browser used.

All non-personal information or material sent to the Jimy Industrial Pty Ltd is deemed not to be confidential. You grant Jimy Industrial Pty Ltd an unrestricted irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute that information or material, for any purpose.

No attempt will be made to identify you or your browsing activities from these records except in the unlikely event of an investigation by the ISP, or where a law enforcement agency exercises a warrant to inspect the ISP’s logs.

 

YOUR AUTHORITY

You authorise Jimy Industrial Pty Ltd to collect, store, disclose and share information about you with:

  • Jimy Industrial Pty Ltd and its brand Jimy Tools; and
  • any consultant providing services to Jimy Industrial Pty Ltd or to the brands (“Consultants”) for the purpose of:
  • providing marketing information to you about products and services offered by the brands; and
  • monitoring the quality and standard of service provided to you or other consumers by the brands or by the Consultants.

 

YOUR EMAIL ADDRESS

We will only record Your email address if You send Us a message seeking further information from Us, lodge an online complaint, ask to subscribe to a mailing list or register to receive Our range of marketing material or access specific sections of Our website. Your email address will only be used for the purpose for which You have provided it unless You agree otherwise and, unless legally required to do so, We will not disclose it without Your consent.

 

LINKS TO THIRD PARTY WEBSITES

This website may contain links to sites maintained by other organisations (“Third Party Websites”), and those Third Party Websites are not under the control of Jimy Industrial Pty Ltd. Jimy Industrial Pty Ltd does not take any responsibility for the Material or functionality of Third Party Websites (“Third Party Material“).

  • regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
  • that Third Party Material does not infringe the intellectual property rights of any person. Jimy Industrial Pty Ltd is not authorising the reproduction of Third Party
  • Material by linking material on this website to Third Party Material.

You should take appropriate action to ensure that your access to, and use of this website and Third Party Websites is protected against, and free from viruses, worms, trojan horses and other harmful and destructive material.

 

SOFTWARE DOWNLOADS

Any software available to download through links from this website is a third party product unless otherwise indicated. Your use of that software may be subject to a licence agreement between you and the software owner. To the maximum extent permitted by law, Jimy Industrial Pty Ltd accepts no liability in respect of such third party software and Jimy Industrial Pty Ltd provides no warranty and gives no endorsement in respect of such products or any party connected with them. If you have any feedback or suggestions concerning this software, please contact us.

 

TRADE MARKS, COPYRIGHT AND LINKING TO THIS WEBSITE

Intellectual property rights in all software and Materials on the website is owned by Jimy Industrial Pty Ltd and/or its licensors. Except where necessary for viewing material on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Materials on this website may be uploaded to a third party, linked to, framed, reproduced, adapted, performed in public, distributed or transmitted in any form by any process without the specific written consent of Jimy Industrial Pty Ltd. Please contact us if you would like to place a link to any part of this website.

 

YOUR OBLIGATIONS

In addition to obligations listed elsewhere in these Terms of Use, you agree:

  • not to copy or adapt any Materials, tamper with this website, misrepresent your identity, use buying agents or conduct fraudulent activities on the website;
  • not to transmit or attempt to transmit any viruses, hack data or engage in any hacking activity of any kind;
  • to access this website for personal use only;
  • to comply with all laws in relation to your access or use of Materials on this website, including laws of the country in which you reside or from which you access this website; and
  • not to use any data listed on this website for commercial purposes e.g. through price or information scraping.

 

COOKIES AND CLICKSTREAM INFORMATION

Our website contains cookies. Whenever You visit Our website, Our servers automatically record information about Your usage of this website through ‘cookies’.

Cookies are a feature of Internet web browsers which are small pieces of information stored by Your browser on Your computer’s hard drive or mobile phone. Cookies are used to maintain session information between Your browser and Our website and identify things related to Your use of this website such as the time of Your visit, its duration and the pages You visit. They enable Our system to recognise Your browser and provide features to You (such as ensuring that advertisements on this website are most directly relevant to Your interests). Most browsers can notify You when a new cookie is received, or turn off cookies altogether. However, if You turn off the cookies, some features may no longer be available to You. For this reason, We recommend You leave the cookies turned on.

We will only use information obtained via cookies in order to learn about Your preferences so that We may improve Our website and the service offered through it. We may from time to time receive and store certain information relating to your use of, and behaviour on, our website. This information is commonly referred to as “clickstream” information. For example, we may record information such as the areas of the website you have accessed the time, date and URL of the pages requested by you, your IP address and your browser software. The recording of such information enables us to monitor the areas of our websites that are most popular and to improve sections of the website accordingly.

 

SPAM

As part of Our commitment to maintaining Your privacy, Jimy Industrial Pty Ltd does not condone or encourage spam.

Spam is ‘unsolicited commercial electronic messaging’. People who purchase or subscribe to goods or services over the Internet or by email may attract an unsolicited electronic message or advertisement.

In accordance with the Spam Act 2003 (Cth), We will only send commercial electronic messages with the addressee’s express or inferred consent to receive it. All requests to unsubscribe will be dealt with promptly.

 

LIMITATION OF LIABILITY

To the maximum extent permitted by law Jimy Industrial Pty Ltd is not liable (whether in contract, tort, under statute or otherwise) for any loss, damage or expense (including special, indirect or consequential loss, loss of profit or revenue, loss of use, interruption of business, loss of data, legal costs or settlement costs or otherwise) in connection with:

  • use of this website, any other hyperlinked website, Materials on this website or to Third Party Material;
  • the transmission of any computer viruses, worms, trojan horses and other harmful and destructive material; or
  • any inability to access or use the website due to technical reasons beyond our control.

To the maximum extent permitted by law, Jimy Industrial Pty Ltd provides no representations or warranties, express or implied, including any implied warranties of fitness for a particular purpose, merchantability or otherwise in relation to any information provided by Jimy Industrial Pty Ltd on this website. Where liability cannot be excluded, the maximum liability of Jimy Industrial Pty Ltd for a breach of any term, condition or warranty implied by law or otherwise is limited, at the election of Jimy Industrial Pty Ltd to:

  • resupply of the relevant advice, service, recommendation or information; or
  • payment to you of the cost of having the relevant advice, service, recommendation or information supplied again.

 

GENERAL

Your access to this website may be cancelled without notice if you are in breach of these Terms of Use. All restrictions, licences granted by you and all disclaimers and limitations of liability by Jimy Industrial Pty Ltd will continue after cancellation.

The Jimy Industrial Pty Ltd may, as reasonably required from time to time, revise these Terms of Use. By using this website, you agree to be bound by all revisions and you should therefore periodically visit this page to determine the then current terms of use which govern your relationship with Jimy Industrial Pty Ltd.

If a provision of these Terms of Use is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of remaining provisions.

Any rights not expressly granted in these Terms of Use are reserved by Jimy Industrial Pty Ltd. A right of Jimy Industrial Pty Ltd under these Terms of Use may only be waived in writing signed by Jimy Industrial Pty Ltd.

These Terms of Use and your use of this website are governed by the laws of South Australia, Australia and the parties submit to the exclusive jurisdiction of the courts of South Australia.

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