Terms of Use

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Definitions

In these terms of use:

  • The terms ‘we’, ‘us’ and ‘our’ refer to John Jewell Design Pty Ltd
  • ‘website’ means the domain name www.johnjewelldesign.com.au
  • ‘you/your’ means the person or entity who has viewed or utilised the website in any manner
  • ‘content’ means any material in any form published on our website
  • ‘Catalogue’ means the Off-the-Shelf Product Catalogue, a collection of pre-designed wine labels ready for purchase.
  • ‘Products/Product’ means the wine label design concepts available for purchase in the Catalogue
  • ‘artwork’ means a digital file containing the wine label design concept intended for printing

Introduction

This website is operated by John Jewell Design Pty Ltd. We are registered in Australia under company number 41 021 036 308 and have our principal office at 397 Paul Avenue, Lavington (Albury), New South Wales, Australia. We are a member of the Australian Graphic Design Association.

These terms of use tell you about the way you can use our website. Please read these terms of use carefully before you start to use the website. 

By visiting our site and/or purchasing something from us, you engage in our ‘Service’ and agree to be bound by the following terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Your Personal Information

We process all of the personal data you give to us on our website in accordance with the terms of our Privacy Policy.

The Content on our Website

We attempt to keep the content, including listed prices on our website up to date. However, we do not warrant the accuracy or currency of the content. All content or information on this website is subject to change at any time and without notice.

We have made every effort to display as accurately as possible the colours and images of our Products that appear in the Catalogue. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We do our best to ensure that our website operates properly at all times, but we cannot exclude cases in which the website may be unavailable. In this instance we will not be liable for any loss or damage suffered by you arising from any disruption.

We will do our best to check our website for viruses but we do not warrant that the website is free of viruses or other malicious content.

Accounts and Registration

Registration

Access to the Catalogue on our website is restricted exclusively to persons who have been approved by John Jewell Design. If you wish to access this part of our website you will need to register with us. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

When you register, we will issue you with a username and password for access to the Catalogue. You must keep the username and password safe, secure and confidential, you are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. Please notify us immediately of any unauthorised use of your password or account or any other breach of security. 

We reserve the right to refuse requests to register user accounts.

Benefits

Access to our Catalogue is free. When you become a member you will be able to browse a collection of pre-designed wine labels ready for purchase. Our off-the-shelf/private labels have been designed using our extensive knowledge of the wine market gained through years of travelling & research, both here in Australia and abroad.

Your Responsibility

By accessing this Catalogue, you agree to keep all Products and all related information provided or made available to you confidential. Your use of the Catalogue is to enable you to evaluate our Products and, if you wish, to place an order with John Jewell Design (‘the purpose’).

You will maintain the above confidential information in confidence and use it only for the purpose for which it has been disclosed to you and for no other purpose. You are entitled to share details of the confidential information to your directors, officers, employees, and professional advisers solely in relation to the purpose.

You agree not to reproduce, duplicate, copy, sell, resell, commercialise, exploit any portion of the Catalogue, use of the Catalogue, or access to the Catalogue, without express written permission by us.

Revocation of Access

Failure to abide by any of these terms will result in the immediate revocation of your access and other actions as may be deemed necessary to ensure the continuing confidentiality of the Catalogue and Products within. John Jewell Design reserve the right to revoke any user’s access for any reason without advance warning.

Product and Services Information

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Orders, Pricing & Availability

Your order counts as an offer to purchase a particular Product for the price (including taxes if applicable) specified in this website at the time you place your order on these terms. After placing your order, you will receive an order confirmation email. This contains details of the Products you have ordered, the total cost of the order and an order number.

John Jewell Design reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.

Prices of products and services displayed on this website are current at the time of issue, but may change at any time and are subject to availability. Unless otherwise stated all prices shown do NOT include GST and other applicable taxes.

All products are subject to availability.

Payment

Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken. If payment has not been received within 7 days of the order receipt, the order will be cancelled and the Product placed back into the Catalogue and made available for purchase.

We accept payment via Direct bank transfer, Visa, Mastercard, American Express (AMEX) and PayPal. You must comply with the applicable T&Cs of these providers.

You agree to provide current, complete and accurate purchase and account information for all purchases made.

Assignment 

Ownership of the Product passes when we have received full payment for the Product and the final Product artwork, including any requested alterations, has been approved. John Jewell Design will then assign to you the whole, right, title and interest in the final Product and the Intellectual Property subsisting therein.

John Jewell Design expressly reserves the right to use the Product for the purposes of promoting its business around the world, including but limited to, its advertising material.

Approval of Final Product Artwork

Once the Product has been ordered, our designers will send an artwork proof of the final product (including any requested alterations) to you for approval.

While John Jewell Design takes all care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes, or incorrect information on any Product committed to print or production. You are responsible to proof read and approve all final copy before delivery and production of final print-ready artwork.

Delivery

On your approval of the final artwork proof a download link containing the final print-ready artwork will be sent to you for production purposes. You may forward this link onto your suppliers.

We will not dispatch final print-ready artwork unless full payment has been received.

Refunds

Please note refunds cannot be given for any of the following reasons:

  • After a final artwork proof has been approved
  • Delivery of your final print-ready artwork has been made
  • Change of mind
  • Incorrect choice
  • Change of circumstances
  • Financial hardship
  • Violation of our Terms of Use

John Jewell Design may accept a refund request in some cases, at our discretion. Any requests for refunds are to be received in writing within 14 days of the order receipt. If your request for a refund is approved we will be happy to provide you with an exchange, account credit or refund depending on your payment method. In no event shall the refund exceed 100% of the amount that was paid by you.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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, but 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 must not establish a link from any website that is not owned by you.

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

If you wish to make any use of material on our website other than that set out above, please send your request to us by email.

The content of our site (digital downloads, images, texts, graphics, trade marks in our name and logos) is the property of John Jewell Design and is protected by copyright and no part of our site may be reproduced or adapted in whole or in part without our prior consent.

No unlawful or prohibited use

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Liability

We disclaim, to the extent permitted by law, all liability or responsibility to anyone for any direct or indirect loss or damage that may result from any products procured using the service or advice, opinion, information, representation or omission, whether negligent or otherwise, contained on this website.

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Indemnity

You agree to indemnify, defend and hold harmless John Jewell Design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Entire agreement

These Terms of Use constitute the entire agreement between you and John Jewell Design in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Jurisdiction and applicable law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

Changes to Terms of Use

You can review the most current version of the Terms of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Any Questions?

If you have any questions about anything on this website you can contact us