Terms & Conditions

By using this website, you agree to be bound by the below terms and conditions and any revisions thereof.

Terms of Payment

• All invoices are due and payable in full 30 days from date of invoice, unless written arrangement agreed to in writing between Jacksons Awards Pty Ltd and the customer, prior good supplied or production of goods commenced.
• Should the customer neglect and/or refuse to pay amount required amount by due date Jacksons Awards Pty Ltd reserve the right to:
• Charge interest on any overdue invoice at the fixed rate under the Supreme Court Act 1970 (NSW), calculated and payable daily, compounded from the date due until the invoice is paid in full.
• Charge all costs and expenses (including legal costs and mercantile agents fees), which Jacksons Awards incur in the recovery or attempting recovery of overdue Invoice.

Pricing and Time for Delivery of Goods

• All prices quoted are subject to change without notice unless written quotation supplied with date price valid to.
• Goods invoiced on date completion of goods or service in relation to order placed by the Customer.
• All prices quoted are subject to GST at a rate of 10% as required by the Australian Taxation Office, this amount is shown separately on a Tax invoice that we provide with all goods and services provided.
• The Customer agrees that Jacksons Awards shall not be liable for consequential loss or damage that may arise from late delivery or failure to deliver any goods irrespective of reason. Any notification to the customer by Jacksons Awards in regards to date of delivery is an indication only.
• The Customer agrees that should Jacksons Awards not be able to deliver goods, materials and/or services in accordance to proposed delivery date or dates, the customer will not make any claim against Jacksons Awards in respect of any matter, manner or thing related to losses occasioned to the customer to anyone or any company directly or indirectly associated with the customer in respect of the non-supply or delayed supply of such goods, materials and/or services.

Goods Remain the Property of Jacksons Awards Until Paid For.

• All goods, materials and/or services remain the property of Jacksons Awards unless and until the customer makes payment to goods invoiced in accordance with terms of this agreement, you agree that should you neglect and/or fail to make full payment you allow Jacksons Awards , agents, employee to enter your premises and remove any goods, materials and/or services that are not paid for and return them to Jacksons Awards.
• Customer agrees to keep the goods in a fiduciary capacity as bailee for us until the time of transfer of ownership to the customer.

Return of Goods

• The customer agrees that no goods, materials and/or services may be returned to Jacksons Awards unless:

• Prior acceptance by Jacksons Awards in writing.
• Goods returned within 7 days
• Cost of return is paid by customer
• Documentation to support purchase provided on return.
• Customer agrees a 20% handling charge, if required by Jacksons Awards.

Should the goods, materials and/or service be that of non-standard product either by way of manufactured to specification specially purchased product, Jacksons Awards will not accept any returns.

Faulty or Damaged Goods

• The customer is responsible to check all goods on delivery.
• In cases of faulty or damaged goods, this fact must be communicated to the delivery company
  at the time of delivery. Jacksons Awards will not be liable for missing or damaged items unless
  the delivery company is notified at delivery.
• The customer will then need to contact Jacksons Awards within 7 days and the damaged good
  will be delivered back to us for assessment.
• Under Jacksons Awards discretion, if we believe the goods have been damaged during transit,
  the goods will be reproduced and exchanged for the faulty product.
• Payment refunds will not be made.

Quality of Goods/Services

• The customer accepts that colour differences can occur in any award design when:
• it is being viewed and compared on a computer screen and on printed media.
• it is being compared in the physical form to different types of output media.
• The customer is not entitled to reject the product based on minor colour differences or slight quality reduction in Jacksons Awards’ judgment.
• Jacksons Awards will not exchange, refund or reproduce the product.
• Delivery is only made within Australia.
• The customer accepts that Jacksons Awards is not liable for any delays in delivery outside our control. This includes but is not limited to remote delivery locations, accidents or local disruptions.
• Jacksons Awards has strict quality controls to ensure the goods are dispatched in good condition.
  As such, the customer will need to check all goods at delivery and must not sign off the goods until they are satisfied they are delivered in good condition (that is, not damaged during transit)

Availability of Goods

• Goods are subject to availability. If Jacksons Awards is unable to supply the ordered goods, we will notify you as soon as possible.

Minimum Orders/Surcharges.

• Jacksons Awards reserves the right to specify minimum order quantity or value from time to time, should these minimums not be met the customer agrees Jacksons Awards to impose a surcharge to cover costs.

Limitation of Liability.

• We exclude all statutory and/or implied conditions and warranties to the extent permitted by law.
• To the extent permitted by law, we limit our liability under any condition or warranty which legally be excluded to:

• The replacement of the goods or supply of equivalent goods;
• The repair of the goods;
• The payment of the cost of replacing the goods or of acquiring goods; or
• The payment of the costs of having the goods repaired.

Orders and Cancellation of Orders.

• The customer should check carefully the particulars of the fabrication and specification details as ordered.
• The goods, materials and/or services supplied will be in accordance with the order provided by the customer.
• Once goods have been produced in order to satisfy the order provided by the customer the full cost of the goods, materials and/or services ordered by the customer from Jacksons Awards will be required to be paid.

Technical Advice.

• The customer herein indemnifies Jacksons Awards in relation to any claim made by it, its employees, agents or sub-contractors, its customers or others reliant upon those customers in respect of any information of any nature or kind, wether technical or otherwise, provided to that customer by Jacksons Awards other than in writing and authorized by the manager.

Law of New South Wales Applies.

• The laws of the state of New South Wales govern our trading.
• The customer agrees to submit with us a non-exclusive jurisdiction of Courts of New South Wales and the Federal Court of Australia and agree that any legal proceedings may be heard in those courts.
• Provide a different product of your choice equivalent to the price of the unavailable goods.
• Provide a full refund.

User Conduct

In using this website, you agree to not:

• upload, email or otherwise transmit any materials including but not limited to text, data, sketches,
  photos, drawings, graphics, digital images, and related visual compositions or any of these elements
  in combination as a design for products available on this site or otherwise contents that are
  unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic,
  indecent, inflammatory, libellous, tortuous, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation
  with a person or entity;
• upload, email or otherwise transmit any content that may infringe any patent, trademark,
  trade secret, copyright or other intellectual or proprietary right of any party. By uploading or
  transmitting any content, you represent and warrant that you have the lawful right to reproduce
  and distribute such content and that the content complies with all applicable federal, state and
  local laws, regulations and ordinances;
• upload, email or otherwise transmit any content that would constitute or encourage a criminal
  offense, violate the rights of any party, or that would otherwise create liability or violate any local,
  state, national, or international law;
• upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional
  materials, junk mail, spam, chain letters, or any other form of solicitation;
• upload, email or otherwise transmit any material that contains software viruses or any other
  computer code, files or programs designed to interrupt, destroy or limit the functionality
  of any computer software or hardware or telecommunications equipment;
• upload, email or otherwise transmit false or misleading information;
• disrupt or interfere with the security of, or otherwise abuse, this website, or any services,
  system resources, accounts, servers, or networks connected to or accessible through this
  website or affiliated or linked websites;
• access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting
  to access these areas of the website may be subject to prosecution;
• disrupt or interfere with any other user’s enjoyment of this website or affiliated or linked websites;

Upon uploading contents, you acknowledge that Jacksons Awards may review your content for adherence to our guidelines and compliance with the terms set forth in this agreement. Without limiting the foregoing, Jacksons Awards shall have the right to reject to perform work on an order on any content that violates the terms or is otherwise objectionable to Jacksons Awards.

You agree that you must evaluate, and bear all risks associated with, the use of any content. In this regard, you acknowledge that you may not rely on any content, created by or submitted to, Jacksons Awards. You acknowledge and agree that you are responsible for the creation and compilation of your content, and that neither Jacksons Awards nor any other party involved with the production of any product incorporating such content, assumes that responsibility. Jacksons Awards’ production of any product depicting your content does not indicate that Jacksons Awards approves of the content, that the content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the content.

You acknowledge and agree that Jacksons Awards may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• comply with legal process;
• enforce the Agreement;
• respond to claims that any Content violates the rights of third-parties; or
• protect the rights, property, or personal safety of Imagekind, its users and the public.

Copyright

All images and designs used on this website are the property of Jacksons Award or of the copyright owners from which Jacksons Awards has express authorisation. You must not use, reproduce, modify or distribute images or content from this website in any form without written authorisation from Jacksons Awards.

The customer undertakes that all text and images delivered to Jacksons Awards for inclusion in any given award design will not infringe any copyright, trademark, registered design or other proprietary right of any third party and shall not be defamatory or otherwise render Jacksons Awards is open to legal action. Should Jacksons Awards suffer any financial loss as a result of action taken against us by a third party who has had their rights infringed or has been defamed, the customer is liable to reimburse the amount of such loss to Jacksons Awards.