Note: These terms and conditions apply to each purchase order placed with Jacques using this website or via other electronic means. Each person placing an order with Jacques is deemed to have accepted these terms and conditions as applying to their purchase of any products on this website.

  1. Definitions
    1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) as given effect by Part XI of that Act
    2. GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) 1999 (Cth).
    3. Jacques means the business operated by Jacques Technologies Pty. Ltd. ACN 074 448 712 through the Online Shop.
    4. Online Shop means the online store operated by Jacques accessible at www.jacques.com.au/shop.
    5. Order or order means an offer to purchase Products via the Online Shop that is made by you in response to an invitation to treat by Jacques as published on the Website.
    6. Privacy Policy means Jacques’ privacy policy accessible at www.jacques.com.au/privacy-policy as amended from time to time.
    7. Product means any Jacques product or service advertised or featured on or at the Online Shop.
    8. Website means the Jacques website accessible at www.jacques.com.au.
    9. You or you or your means each person visiting the Online Shop.
  2. Before using the Website and Online Shop
    1. Please read these terms and conditions immediately before proceeding any further on the Website as this document will also govern your use of the Website. These terms and conditions also contain information about your rights and responsibilities related to using the Website and Online Shop.
    2. You must be over 18 years of age to use the Website. If required by Jacques, you must also register as a member or customer of the Website before continuing to use the Website.
    3. These terms and conditions may be amended from time to time without notice. Your use of this Website constitutes an agreement by you to be bound by these terms and conditions as they exist at the time of use.
    4. By accessing the Website, you agree:
      1. to abide by and be bound by these terms and conditions;
      2. that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks that host the Website);
      3. that any suspected fraudulent or illegal activity may be referred to the police or other applicable law enforcement agency; and
      4. that Jacques may restrict your access to or use of the Website at any time in its sole discretion.
    5. Jacques may (without any notice) at any time withdraw, de-activate or otherwise shut down the Website (or any part of the Website) for any security, maintenance, legal or regulatory reasons, or in the event that any of these terms and conditions are breached by any person.
    6. Any communication, correspondence, content or other material which you may publish on or upload to the Website may be used by Jacques under an implied and automatically granted licence. This licence is irrevocable, non-exclusive and royalty-free and allows Jacques to create derivative works of the material and otherwise use it in its original or any modified form for commercial or non-commercial use.
    7. Cookies (a small data file sent by a website to an internet user’s browser while using that website) may be used while you use the Website. By using the Website, you consent to any cookies being used.
  3. Governing Law
    1. These terms and conditions are governed by the laws of Queensland, Australia. By using the Website, you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts and tribunals of Queensland, Australia. If any provision of these terms and conditions are found to be invalid or unenforceable by a court or tribunal, such invalidity and unenforceability will not affect the remainder of these terms and conditions.
  4. Intellectual Property
    1. The ‘Jacques – Future Proof Communications’ logo is an identifying logo created and used by Jacques as of 2008 and is covered by Jacques’ copyright. This logo and any other intellectual property rights of Jacques (including graphics, other logos, trademarks, distinctive brand features, text, icons and other original content relating to the Website) are owned by Jacques or a related party of Jacques and remain the sole property of the respective owners.
    2. You agree that you:
      1. will not use any of the intellectual property referred to in paragraph (a) above without the prior written consent of Jacques or the relevant related party owner;
      2. are only authorised to view this Website for personal (non-commercial) use and that the use of the contents of the Website is subject to the Copyright Act 1968 (Cth); and
      3. must not modify, reproduce, store, transmit, display or publish any of the content of this Website within another website or as part  of derivative works created from this Website. This includes a restriction on you from modifying or copying the computer software (including coding) contained in this Website.
    3. To the extent that any of the Products ordered include software created by Jacques, Jacques offers (where the Order of those Products is accepted) to grant you with a non-exclusive, non-transferable licence to use the software. You or any authorised user of the software agree not to modify, alter, copy or reverse-engineer the software.
  5. Ordering Products through the Online Shop
    1. By placing an Order on the Website, you acknowledge and agree that you:
      1. are over the age of 18;
      2. have read, understand and accept these terms and conditions;
      3. are entering into a binding contract (between you and Jacques) for the sale and supply of Products that is to be governed by the terms and conditions contained in this document (Agreement); and
      4. cannot cancel or withdraw the Order once it has been accepted by Jacques.
    2. Subject to the Product being in stock and available for supply, your order should be processed once you have made full payment for the Products (including any delivery and handling charges) ordered on the Online Shop and Jacques has subsequently accepted your offer for the purchase of the Product.
    3. These terms and conditions may be amended from time to time without notice to you or any other person and we therefore strongly recommend that you review these terms and conditions each time you consider using the Website and/or making an Order on the Website.
    4. If your Order is accepted by Jacques, you will receive confirmation via e-mail that your Order has been accepted and payment has been received.
    5. If your Order is not accepted by Jacques, you will be contacted as soon as practicable via telephone or e-mail to notify you of the non-acceptance and to arrange a full refund of any payment that has been processed.
    6. You acknowledge that Jacques:
      1. is not responsible for any delay in receiving, processing or responding to (including communications its acceptance of) the offer you have made using the Website and Online Shop; and
      2. may accept or refuse any offer you make in its absolute discretion and is not required to provide any reason or justification for the acceptance or refusal of the offer.
    7. Any photos, picture or description relating to the Products on the Online Shop have been used by Jacques to assist you with using the Online Shop. However, Jacques will not be responsible for any inconsistency between the photo, picture or description of a Product (for example, colour or size of a Product) and the actual Product where Jacques has included that photo, picture or description in good faith and for identification purposes.
    8. You may only cancel an Order that has been accepted by Jacques but only in circumstances where the reason for the cancellation was not directly or indirect caused by you and where the Order has not already been shipped or dispatched. In the event of a cancellation, Jacques may withhold from the received payment any amounts it has already reasonably incurred or disbursed in acting upon your Order.
  6. Price and Payment
    1. All prices shown on the Website and Online Shop are in Australian dollars (AU$) and include GST where applicable and do not include delivery, handling or other charges unless otherwise stated.
    2. Jacques reserves the right to correct any errors made on the Website and Online Shop relating to the price of Products, even in circumstances where you may have made an offer to Jacques to purchase the Products in reliance of the price stated on the Website or Online Shop.
    3. All payments must be made in full (unless otherwise agreed to between you and Jacques), in Australian dollars and in the form of clear funds before delivery of the Products.
    4. Payments must be made in any of the forms allowed by Jacques as made available or accessible via the Online Shop.
    5. The cost of installation, maintenance or service of the Products (where applicable) is not included in the price of the Product unless otherwise stated.
  7. Shipping and Delivery
    1. If your Order is accepted, Jacques will arrange for the delivery of the ordered Product(s) to the postal address specified within your Order. The cost of postage and/or shipping will become payable by you when you pay for the ordered Product.
    2. Jacques will endeavour to have the ordered Products despatched within 10 calendar days and subsequently delivered to your specified address within 14 calendar days of despatch. Actual delivery times may take up to 4-6 weeks for addresses in regional or remote areas. Delivery times to international locations will depend on the specific destination country.
    3. Jacques will act in good faith and use all reasonable endeavours to ensure these delivery timeframes are met, however Jacques does not warrant that the timeframes will always be met.
    4. Shipping costs are influenced by the size, dimensions and weight of the Products, as well as your location. For example, heavy or bulky Products will likely attract a higher cost. Exact shipping costs are calculated in the shopping cart and will be added to the Order total before checkout. Delivery within Australia will be made via Toll® or Fedex® or other courier services chosen at the discretion of Jacques. You will be responsible for any additional or duplicate expenses in the event that you provide an incorrect postal address.
    5. As Jacques engages courier services to deliver Products, unfortunately PO boxes cannot be accepted as the applicable delivery address for your Order.
    6. In the event that the courier service provider designated by Jacques has attempted to deliver the Products to the postal address you have designated but have subsequently been unable to do so despite reasonable endeavours, you will be responsible for any costs associated with the re-delivery of those Products. This position applies whether re-delivery is to be attempted at the same postal address you initially provided or where you instead designate a new postal address.
    7. You will also be responsible for any new or duplicitous costs associated with delivery that may arise where you designate a new postal address at any time after placing your Order, regardless of whether the Products in that Order have been despatched at such time.
    8. Jacques may refuse to deliver Products to a postal address specified within an Order and require you to specify a new postal address before the Order is shipped or dispatched.
    9. You may be required by Jacques or the third party responsible for delivering the Products to be present at the time of delivery to verify receipt of the Products. Jacques will not be responsible for any loss or damage suffered due to a delay in receiving the Products due to this requirement. Jacques will also not accept any responsibility for delivery failures caused by the third party responsible for delivering the Products.
    10. The risk of damage, breakage or loss of an ordered Product being sent or delivered to you is borne by you.
  8. Disclaimers and Indemnities
    1. Any use of the information or content on the Website is at your own risk.
    2. Your use of the Website, including any Order made for Products on the Online Shop, constitutes an agreement by you to indemnify, and keep indemnified at all times, Jacques and its related parties, including its directors, officers, employees, contractors and agents from and against any loss (including legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of those aforementioned persons arising from any claim, demand, lawsuit, action or proceedings commenced by any person against you or those aforementioned persons where such loss or liability arose out of or in connection with your conduct or breach of these terms and conditions.
    3. Jacques will not be responsible for the operation, availability, contents or any damage suffered through the use of any materials contained in any links to other websites or third party content that may be published on the Website. Any access to and subsequent use of external websites or content linked on the Website is done strictly at your own risk.
    4. Jacques will not be responsible for any delay in performing any of its obligations under these terms and conditions if the delay is caused by circumstances beyond its control, including but not limited to interruption to essential services and utilities (such as electricity and delivery/postal systems), acts of God, weather events, strikes or other environmental or political circumstances or events.
    5. Nothing in this clause or Agreement operates to exclude, restrict or modify the application of any implied condition or warranty, provision, exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other relevant legislation in which the exclusion, restriction or modification thereof would:
      1. contravene the ACL or other relevant legislation; or
      2. result in any clause or provision of these terms and conditions being deemed void (Non-Excludable Obligations).
    6. Except in relation to Non-Excludable Obligations, all conditions, warranties (express or implied), guarantees, rights, remedies, liabilities or other terms implied or conferred by the ACL, any other relevant legislation, custom or the general or common law that impose any liability or obligation on Jacques are expressly excluded under these terms and conditions.
    7. Except in relation to Non-Excludable Obligations, Jacques and its related parties exclude all liability to you or anyone else for loss, harm or damage suffered of any kind (including but not limited to economic loss, loss of contract, loss of profit or revenue, loss of opportunity, loss of production or loss of data or intellectual property) that may have been caused as a result of:
      1. mistakes or inaccuracies on the Website;
      2. any actions, or failure to actions, you may make or not make in relation or on reliance of any information contained on the Website;
      3. any unauthorised access to or use of the Website (including its servers) or any interruption or cessation of transmission to or from the Website;
      4. any viruses, bugs, trojan horses or other similar code or communications which may be transmitted from or via the Website by any third party; and
      5. any personal injury or property damage of any kind resulting from your access, use or reliance of content contained on the Website (including any direct, indirect, special or consequential damages).
    8. Title and Risk
      1. Title in the Products you Order from the Online Shop will pass from Jacques to you as soon as Jacques has received full payment (of clear funds) for those Products.
      2. Risk in the Products you Order from the Online Shop will pass from Jacques to you as soon as they have been shipped from Jacques’ office or other Jacques premises.
    9. Damaged or Faulty Products
      1. In the event that any of the Products are delivered to you and are not of an acceptable quality, you may have:
        1. legal rights and remedies in Australia under the Australian Consumer Law and other similar rights under other consumer protection laws, including the Sale of Goods Act 1896 (Qld); and/or
        2. a right to have the product repaired or replaced or to receive a refund of the price paid for the Product.
      2. You are entitled to a replacement or refund for a major failure, as well as compensation for any other reasonably foreseeable loss or damage associated with the damage or fault. You are also entitled to have the Products repaired or replaced if the Products are not of an “acceptable quality” and the failure does not constitute a major failure.
      3. Jacques may require you to provide photos or other evidentiary information or documents to assist in determining how the damage or fault was caused to the Product.
      4. If you suspect that your Product is damaged or faulty, please contact Jacques within 7 days from receipt of goods to discuss the damage/fault and the appropriate remedy. Jacques reserves the right to have the damaged or faulty Products returned as soon as practicable in order to assess the cause of the damage/fault and to determine what steps need to be taken to remedy the issue.
      5. Except to the extent otherwise required by the Australian Consumer Law and any other relevant consumer protection law, Jacques is not liable for any loss or damage suffered as a direct or indirect consequence of any delay in you receiving any refund due to you (whether in contract, negligence, tort, equity, restitution or under any other statute).
      6. Jacques is committed to protecting your rights under the Australian Consumer Law, which gives you certain guaranteed rights when purchasing products or services generally. For more information on the Australian Consumer Law, click here.
    10. Cancelling or Changing your Order
      1. Once your Order has been accepted, no cancellations or changes to your Order may be accepted unless otherwise provided for under these Terms and Conditions. Accordingly, you should carefully check the accuracy of your Order before finalising your shopping cart and submitting your Order. Where possible, Jacques will endeavour to make any requested changes to an Order prior to despatch or otherwise progressing the Order, however Jacques does not make any representation or promise that it may do so.
      2. Jacques is not obliged to provide you with a refund or exchange for a Product simply where you have a change of mind.
      3. Jacques reserves the right to cancel, for any reason in their absolute discretion, an Order it has previously accepted at any time prior to delivery of that Order. Instances where Jacques may cancel your Order may, without limitation, include:
        1. Jacques’ suppliers are unable to supply the Products they have previously promised or purported to supply;
        2. an event or occurrence outside the control of Jacques (including environmental, terrorism, labour strikes or computer system failures) results in Jacques being unable to supply the Products within a reasonable time; or
        3. the Products included in your Order were subject to an error or inaccuracy on the Website affecting the availability of the Product and Jacques’ ability to fulfil your Order.
    11. Returns & Refunds
      If for any reason you are not completely satisfied with your purchase we will gladly exchange the goods or offer a 7 day money-back guarantee, active from the time the goods are received. We will only accept returns when the following conditions are met:

      • The goods have a demonstrable manufacture fault.
      • The items are not as described

      In the case of Change of Mind refunds:

      • Refund must be requested within 7 days from date of receipt of goods
      • Refund will only be enacted if the product is intact, unused, and in its original packaging.
      • Change of Mind returns will attract a 15% restocking fee.
      • Shipping costs will not be refunded on Change of Mind returns.

      This refund policy does not apply to goods which have been used, damaged after delivery, if any attempt has been made to alter the goods, or if the goods have been dropped or broken. All products must be returned in their original condition and must have all packaging included. All return postage and insurance costs are to be paid for by the purchaser.

      You must adequately package any product you are returning to ensure that it is not damaged during return delivery to our warehouse. All original items, including packaging, must also be returned.

      If you are entitled to a refund, we will enact the refund once we have received the product at our warehouse, inspected it, and assessed if it is eligible for a refund under these Conditions of Sale. Any refund we make will be by the same payment method used to purchase the product.

    12. Privacy Policy
      1. The Privacy Policy forms part of these terms and conditions and you will be deemed to have read, understood and hold no objections to any provision of the Privacy Policy by accessing the Website and/or using the Online Shop. Jacques’ Privacy Policy can be accessed at: www.jacques.com.au/privacy-policy.
    13. No Waiver
      1. Any failure or omission by Jacques to exercise or enforce any right or provision under these terms and conditions will not constitute a waiver of that right or provision and Jacques reserves the right to exercise or enforce that right or provision at its discretion.
      2. Any waiver of any right or provision under these terms and conditions will only be effective where the waiver is made in writing and is validly signed by a person authorised to contractually bind Jacques or its related party (as the case may be).