TERMS AND CONDITIONS

This website and its contents are owned or licensed by Jago Pty Ltd (ACN 007271256) trading as Jago Ptd Ltd (we, us or our).

AGREEMENT TO TERMS AND CONDITIONS to the maximum extent permitted by law, these terms and conditions (Terms and Conditions) govern the use of this website, and we may amend them from time to time. Every time you use this website or post content on it, you acknowledge that you have read the Terms and Conditions as they stand at the time and agree to be bound by them. If any of these Terms and Conditions are illegal or unenforceable at law, they may be severed and the remaining Terms and Conditions will continue in full force and effect.

OUR INTELLECTUAL PROPERTY. Unless expressly stated otherwise, we own or are licensed to use all content appearing on this website (including trademarks, logos, designs and copyright material) (Content). You must not use any Content on this website, except with our express written consent or as permitted under applicable Australian and international laws. If we allow you to use any of our Content, our status as the owner or licensee of that Content must be acknowledged.

CONTENT WE PROVIDE. Unless stated otherwise, we grant to you a personal, non-transferable, revocable and non-exclusive license or sub-license to use any files that we expressly indicate are available for download from this website, for your own personal, non-commercial use. You must not copy, communicate to the public, modify, reverse engineer, or otherwise transfer any of those files. Your use of any files is undertaken entirely at your own risk and you must maintain all copyright and other notices displayed on those files. We cannot guarantee that any information (including any file) obtained from this website is free from computer viruses, other faults or defects. It is your responsibility to scan the information for computer viruses, and you assume the risk of any damage to your computer and associated equipment arising from installing, downloading or using, this website.

LINKS TO EXTERNAL WEBSITES. Our website may contain links to other websites or advertisements of goods and services available from third parties. We are not responsible for the content of those websites or advertisements, or any goods or services made available on them. Unless expressly stated otherwise, we are not endorsing, sponsoring or suggesting an affiliation with that party or their goods or services.

LINKS TO OUR SITE. Our website must not be framed on any third party website, nor may you create a link to any part of our website other than the home page, unless we provide our express written consent for you to do so. We may withdraw our consent to link to our home page at any time in our absolute discretion.

CONTENT YOU PROVIDE. You are fully responsible for any content (including any testimonials, comments, suggestions, ideas, graphics or any other material) that you provide to us for display on the website. This content will not be confidential and we may use it for purposes which include advertising or marketing. By providing your content, you grant us a licence to use that content in any manner without payment or reference to you.

You must not use this website to post or display:

  • content that you do not have the right to post or display, or that violates the intellectual property, confidentiality, privacy or other rights of any person or entity;
  • content that is offensive, abusive, defamatory, discriminatory or false or misleading;
  • advertising or promotional materials of any kind; or
  • content that contains software viruses or anything harmful to this website.

We reserve the right to edit or remove any user content at any time.

YOUR PERSONAL INFORMATION AND PRIVACY. Our Privacy Policy sets out the ways in which we may collect, store, use, disclose and manage your personal information. It also explains the physical, electronic and security measures we will take to protect your personal information. However, by supplying us with personal information through this website, you accept the inherent security risks of dealing online over the internet and agree not to hold us responsible for any breach of security, unless we have breached a law, been grossly negligent or in wilful default of our duties to you. We reserve the right to disclose information about users of this website to third parties, provided that the information is de-identified and does not identify any individuals. We take complaints about privacy matters very seriously and our complaints handling procedure is set out in our Privacy Policy.

PURCHASE OF GOODS OR SERVICES FROM OUR WEBSITE. You agree that:

  1. we only accept online orders from, and deliver our goods or perform our services in, Australia;
  2. if you are using this website from outside Australia or wish to place an order for delivery of our goods or performance of our services outside Australia, please email us at [email protected] and we will arrange the terms of that order with you separately;
  3. if you place an order for goods or services on our website, and we communicate our acceptance of your order by email confirmation, you enter into a contract with us for the supply of those goods or services. Each accepted order forms a separate contract with us;
  4. we can accept or reject an order for any reason, including (without limitation) unavailability of the goods or services, an inadvertent error in the pricing, image or description of the goods or services, or an error in your order;
  5. all information you provide when placing your order must be accurate, complete and up to date, and you will promptly notify us of any changes to this information;
  6. all prices quoted for our goods or services are displayed in USD and are inclusive of Australian goods and services tax (GST). Your freight and handling charges for any goods, together with the cost of insuring those goods during transit, will be calculated and added to the purchase price before you are asked to confirm your order;
  7. once you have placed your order, you may pay by Paypal, Visa, American Express or Mastercard. The payment system on this website uses industry standard Secure Socket Layer technology to encrypt and protect your credit card details. We will send you an electronic tax invoice via email when your payment has been processed;
  8. once the payment for your order has been processed, and: your goods have been dispatched, you will be unable to cancel your order. If you cancel your order before we dispatch the goods, we will refund to you the price of the goods and any freight, handling and insurance charges, less any reasonable administrative fees we have incurred in processing your payment (for example, banking charges imposed on us in connection with the payment); if our services are scheduled to be started within 3 days of you seeking to cancel your order, you will be unable to cancel your order. If you cancel your order before that date, we will refund to you the price of the services, less any reasonable administrative fees we have incurred in processing your payment (for example, banking charges imposed on us in connection with the payment).
  9. we will deliver your goods or perform our services, after we have processed your payment. Delivery of goods to Australian capital cities and surrounding suburbs is within approximately 10 working days, via Australia Post or any other carrier that we may nominate. We accept no responsibility for any loss resulting from late delivery;
  10. we will use our best endeavours to ensure that goods are available for delivery, and in most cases will notify you if goods are unavailable before you place your order. However, in some cases this will not be possible and we will need to reject an order for goods after we have processed your payment. In these cases, we will refund you in full all amounts you have paid for the unavailable goods or offer to substitute your goods with an alternative. You may accept or decline any offer to substitute your goods with an alternative. Any refund for unavailable goods will be credited to your credit card or debit card as soon as possible, but in any event no later than thirty (30) days from the date of rejection of your order;
  11. unless expressly stated otherwise, we cannot provide rainchecks for goods ordered from our website. We undertake all reasonable endeavours to ensure the availability of goods advertised on our website. Unfortunately, we cannot guarantee that goods advertised on our website will be available at the time you place your order;
  12. once the goods have been delivered to the nominated delivery address, you assume all risk in the goods (including the risks associated with storing them). You and the person receiving a delivery of goods purchased from our website must be at least 18 years of age; and
  13. title in the goods will not pass to you until we have been paid in full for the goods. Until that time, you will hold the goods as our bailee and fiduciary agent.

EVENTS. All tickets for events held at our venues or to events organised by us, are subject to the following terms and conditions (unless expressly stated otherwise):

  • you agree to act in a reasonable manner and to comply with the directions of our staff and our authorised representatives at all times;
  • tickets may not: be offered for re-sale; or be resold for a premium or used for promotional or other commercial purposes; without our express written consent. Any breach of this requirement may result in your ticket being cancelled;
  • to the maximum extent permitted by law, you remain solely responsible for any loss, theft or damage to any personal property that you bring to our events;
  • by attending any event, you acknowledge and consent to: being photographed, or otherwise having your image or likeness (Image) recorded by us and any of our nominated agents, contractors or representatives; your Image being broadcast (including on social media pages), published, reproduced, modified or otherwise used in any medium, without any fee, compensation or prior consultation. If your Image is modified, it will not be modified in a derogatory manner; and your Image being used for purposes which include the promotion or marketing of our business and any other commercial purposes; and
  • when you purchase tickets from a third party or tickets to attend our event at a third party’s venues, your purchase of that ticket will also be subject to that third party’s terms and conditions. You should satisfy yourself that those terms and conditions are acceptable to you, before purchasing the ticket.

LIMITATION OF LIABILITY. We provide this website on an “as is” basis. We may suspend access to our website or close it indefinitely without notice and you accept the inherent security and reliability risks of dealings on the internet.

We will take all reasonable steps to ensure that this website is accurate, but make no representation as to the appropriateness of our goods or services for your personal circumstances, or any fitness for purpose of the goods or services (for purposes other than those for which they are commonly used).

Subject to the Australian Consumer Law (and without excluding any mandatory guarantees contained with the Australian Consumer Law or other statutory rights which cannot be excluded by contract) all conditions, warranties and implied terms are excluded from these Terms and Conditions. To the extent that we breach these Terms and Conditions and it is legally permissible to do so, our liability is limited to:

  • replacement of the goods or services supplied or the supply of equivalent goods or services;
  • payment of the cost of replacing the goods or acquiring equivalent goods;
  • supply of the services again; or
  • payment of the cost of having the services supplied again.

SOCIAL MEDIA. We maintain a presence on Twitter, Tiktok, Instagram, LinkedIn and Facebook (but are not endorsed or affiliated with the providers of any of those social media platforms). We reserve the right to remove any material that is posted on our social media site pages including material that:

  • is abusive, defamatory, offensive or threatening towards us, our employees or any other person or organization;
  • breaches the terms and conditions of any of the providers of the social media platforms;
  • constitutes spruiking or other advertising, unless written consent has been obtained from us to post such material; or
  • related to any illegal activity.

Please note that you will be subject to, and agree to comply with, the respective terms and conditions imposed by the social media sites that we use. For the avoidance of doubt, please note that content on our social media pages is in no way sponsored, endorsed or administered by, or associated with any of the social media platforms.

DIRECT MARKETING. We may collect, store and use your personal information to market our services to you, where you have provided your implied or express consent for us to do so. Consent may be implied when you have purchased services from us, joined one of our clubs or programs, entered into a competition or promotion conducted by us, where you have subscribed to receive information from us or where you have enquired about services that we provide. We will not disclose your personal information to a third party for the purposes of marketing a third party’s products or services to you, without your consent. You may always opt out of receiving marketing material by contacting us directly, using the details provided on our website, or using the method that is provided in any of our electronic marketing communications to you. To unsubscribe from text messages: Reply “STOP”. To unsubscribe from email: Click “Unsubscribe” founder under the footer of each email.

GOVERNING LAW AND JURISDICTION. To the maximum extent permitted by law, the laws of Australia, govern these Terms and Conditions and the courts of Western Australia have non-exclusive jurisdiction to hear any matters arising out of or in connection with these Terms and Conditions.