Terms of Use
This Website is operated by Joel Wade (“Joel Wade” or referred to herein as “us”, “we” or “our”). Use of this Website is subject to the following Terms and Conditions (“Terms”). Users of this Website agree to be bound by the following Terms and Conditions. We reserve the right to update these Terms when required, and it is the responsibility of the user to review the Terms and Conditions regularly.
Use of this Website and Materials
Joel Wade created this Website to provide information, Products, services and tools for personal use. Content on this Website such as images, photographs, logos and videos (Joel Wade “Materials”) are protected by copyright, design and trademark legislation and under national laws in each country, and international treaty provision. You must not copy, change or use these materials for commercial gain. A breach or violation of any of the Terms will automatically terminate users’ permission to use Joel Wade material and all materials must be destroyed and deleted.
User’s Submissions
Unsolicited communication or materials submitted to Joel Wade through the Website’s contact form or via electronic mail, excluding personal information, but including questions, comments, suggestions or similar will be treated as non-confidential and non-proprietary by Joel Wade. Users who submit the aforementioned communications agree to grant Joel Wade a royalty-free, perpetual, irrevocable, non-exclusive licence to use, publish, edit, reproduce, translate, distribute and display in any current or future media platforms.
Modifications to the Service and Prices
Prices for our Products are subject to change without notice. We try to ensure that all Product descriptions, pricing and shipping costs are accurate, however errors may occur at times, and any errors will be corrected as soon as possible. Joel Wade shall not be liable to you or to any third-party for any price change, modification interruption or discontinuance of the Service. When placing an order on this Website you are entering a legally binding contract with Joel Wade in which you are agreeing to purchase the goods and services subject to our Terms and Conditions and Terms of Purchase.
Links
Our Website may include links to blogs and other third-party Websites that are not affiliated with Joel Wade. We accept no responsibility for reviewing the content on these third-party Websites and do not accept any liability for materials, Products and services available on these third-party Websites. Any complaints relating to the third-party Website should be directed to its owner/s and not us. We are not responsible for any harm or damages incurred from the use or purchase of materials, Products and services from these third-party Websites. We encourage you to carefully review any third-party Website’s Policies and accept any Terms and Conditions before engaging in any transaction on a third-party Website or using any of their materials, Products and services.
Privacy Statement
We have established the Privacy Policy to assist you in understanding what information we collect when you use the Website, and how that information is used. Upon purchasing merchandise from our online store, we collect your name, email address and postal address for the following reasons;
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To process your order and deliver your purchase to the correct address;
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To occasionally send you information on our Products, events and promotions via email;
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To prevent fraud and other illegal activities.
Personal information you make available to Joel Wade is provided voluntarily upon ordering merchandise from our online platform. Information is stored within Australia and protected to the best of our ability. Personal information will never be disclosed to any third party unless required by law. In the event that Joel Wade is acquired as a result of an acquisition, sale, merger or liquidation, your personal information may also be transferred.
As you browse our online store Joel Wade may automatically collect information about your IP address, pages visited and type of computer and browser used to assist Joel Wade in improving its operating system and user experience. Joel Wade uses Google Analytics to collect this information.
Personal information will be with stored within Australia and industry best practices are employed to ensure your personal information is not misused, altered, lost, accessed or destroyed. Your information may only be disclosed if we are required to do so by law or if you violate our Terms & Conditions.
Joel Wade does not store or have access to your credit card details. All payments are processed by third party payment gateway; PayPal. No personal financial information is ever received or processed by Joel Wade.
Please review the Privacy Policy for further information.
Contract Formation
When placing an order on this Website you are entering a legally binding contract with Joel Wade Pty Ltd in which you are agreeing to purchase the goods and services on and subject to our Terms and Conditions. A contract exists when your payment has been approved by our billing agent, after which an email will be received to confirm receipt of your order. Please note that Joel Wade Pty Ltd is not obliged to accept your order and retains the right not to accept an order at any time, for whatever reason at our sole discretion. You must not transfer, charge, assign or dispose of the contract, without the prior written consent of Joel Wade Pty Ltd. We reserve the right to transfer, charge, assign or terminate the contract at any time.
Availability and Delivery
We offer delivery world-wide; however the estimated delivery times may vary due to postal delays or force majeure for which we will not be responsible. Delivery costs for Products are calculated during check-out and charged in addition to the Product price unless free shipping is provided. If an item ordered is no longer available or is currently out of stock you will be informed and provided the option of ordering a similar item or receiving a refund. An inability to be contacted after 7 days if your selected item is unavailable will result in your order being cancelled and refunded.
Products
The Products available on the Website are displayed as accurately as possible, however due to variances in computer monitors we cannot guarantee the accuracy of the colour or descriptions of any Products. We reserve the right to limit the sales of our Products and discontinue selling any Product at our sole discretion, and we reserve the right to modify Product pricing, descriptions and details at any time. All effort is made to ensure Joel Wade Pty Ltd Products are of a premium quality and carefully crafted with high attention to detail, however we do not warrant that the quality of any of our Products or the information provided available on this Website will meet your individual expectations or that any inaccuracies will be corrected.
Risk and Title
You are responsible for the Products you have ordered upon delivery of the Products to our courier or postal service. Once Joel Wade Pty Ltd has received full payment of all sums owed, including any delivery charges, the ownership of the Products is passed onto you.
Modifications to the Service and Prices
Joel Wade Pty Ltd shall not be liable to you or to any third-party for any price change, modification interruption or discontinuance of the Service. Prices for our Products are subject to change without notice. We try to ensure that all Product descriptions, pricing and shipping costs are accurate, however errors may occur at times, and any errors will be corrected as soon as possible. In the event that a Product is purchased at an incorrect price, an attempt to contact you will be made and you will be given the option to reconfirm or cancel your order. An inability to contact you after a price correction will result in the order being cancelled and refunded after 7 days.
Warranty and Returns
For information on Joel Wade Pty Ltd’s warranty and returns, please click here.
Liability
In the event that Joel Wade Pty Ltd does not comply with these Terms, we are only responsible for the purchase Price of the Products and no other expenses or loss associated with us not complying with these Terms.
Import Duties and Taxes
Any international customs charges are the responsibility of the receiver, Joel Wade Pty Ltd is not responsible for any charges incurred once the parcel has been dispatched.
Communications and Notices
Communications between you and Joel Wade Pty Ltd will be electronic, and you agree to this means of communication and acknowledge that all information, correspondence, contracts and notices provided to you by Joel Wade Pty Ltd comply with any legal requirements that such communications be in writing.
When using the Website, you accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications provided to you electronically comply with any legal requirement that such communications be in writing. This Condition does not affect your statutory rights.
Notices to Joel Wade Pty Ltd must be sent via email to info@joelwade.com.au Notices are classified as received by Joel Wade Pty Ltd immediately if submitted via our Website or 24 hours via email, and Joel Wade Pty Ltd is not responsible if the notice is not received because you have used an incorrect email address.
Variations to Terms and Conditions
Joel Wade Pty Ltd reserves the right to modify, add or remove parts of these Terms & Conditions at any time at our sole discretion. It is your responsibility to regularly review these Terms for changes, and any continued use of the Website confirms your acceptance to these changes and agreement to the Terms & Conditions.
Disclaimer
All information on the Website is to be used for general information purposes only. To the maximum extent permitted by law, all representations and warranties, whether express or implied, with respect to such information, services, Products and materials, including, but not limited to, warranties of non-infringement, merchantability, and implied warranties resulting from course of performance or course of dealing disclaimed. Although methods are employed to maintain the protection of your personal information we do not warrant that the information accessible via the Website is complete, accurate, current or free from inaccuracies.
Prohibitions
You must not misuse this Website. The transmission or distribution of any virus, worm, Trojan or the posting of any material that may be offensive in nature; hacking into the service; the corruption of data; or committing or encouragement of a criminal offence will be reported to the relevant enforcement authorities. We are not liable for any loss or damage caused by viruses or technologically harmful material experienced while using the Website, or as a result of using the Website or other Website linked from it. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
Indemnity
In using this Website, you agree that your use of the Website is at your own risk. We cannot guarantee or warrant that your use of the Website will be uninterrupted, secure or error-free. In using this Website and/or purchasing our Products and services you agree to indemnify, defend and hold harmless Joel Wade its directors, employees, consultants, and affiliates, from third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising your breach of Terms.
Copyright Notice
All content of this Website is either Copyright ©Joel Wade 2016 or licensed for use by Joel Wade. All rights reserved.
Trademark Notice
All trademarks and logos (collectively “trademarks”) displayed on this Website are registered or unregistered trademarks or are licensed for use by Joel Wade by third parties. Trademarks must not be used without the written permission of Joel Wade. Unauthorised use of Joel Wade’s Trademarks is strictly prohibited.
Severability
In the event that an authority decides that any of the provision of these Terms is unlawful, invalid or unenforceable to any extent, the subject Term will be severed from other provisions outlined in the Terms and Conditions.
If any court or relevant authority decides that any of the provisions of these Terms and Conditions or any provisions of a Contract is invalid, unlawful or unenforceable to any extent, the Term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.
Governing Law
These Terms of Service and any separate Agreements whereby Joel Wade provides you materials, Products and services shall be governed by and construed in accordance with the laws of the state of Queensland and the Commonwealth of Australia in addition to copyright, design and trademark legislation and under national laws in each country, and international treaty provision.
General Provisions
Please email any questions, queries or complaints you may have to info@joelwade.com.au
Last Updated: 23rd January 2020