Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE.
1. Your Agreement.
These Terms govern your use of the Website. Please read these Terms carefully; they impose legal obligations on you and on Janome, and establish our legal relationship. By using our services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. In addition, if you affirmatively provide us with information or register for services via our Website, you agree to be legally bound by these Terms.
2. Grant of Rights.
Provided you comply with these Terms, we grant you the right to access all areas of the Website for purposes of (i) learning more about our services and (ii) participating in our service offerings ("Permitted Purposes"). In addition, we grant you the right to print out a reasonable number of pages from our Website, and circulate to decision-makers a copy of these pages, provided that (a) you use these print-outs (and ensure your decision-makers use these print-outs) only for Permitted Purposes, and (b) you retain on these print-outs any copyright notices or other proprietary notices as they appear on our Website. Apart from your express right to use and print for Permitted Purposes, you may not use, copy, modify, distribute, or access our Website, or any materials we have made available on the Site.
3. Janome Ownership; Reservation of Rights.
All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website or embodied in our online services, including all associated intellectual property rights, are protected by copyright and other intellectual property laws or are used under the principles of fair use, and are the property of Janome and its licensors. Except where necessary for viewing content on this web site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions (Section 2, above), no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Janome.
4. Links to Third-Party Sites.
The Website may contain links or produce search results that reference links to third party Websites (collectively "Linked Sites"). Janome has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Janome does not endorse the content of any Linked Site for quality, accuracy, or fitness for purpose; nor does Janome warrant that the Linked site does not infringe intellectual property rights of any person, nor that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
5. Code of Conduct.
As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
6. Revocation or Suspension of Use Priveleges.
We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
7. Submitted Content.
If our Website allows you to post content to our Website, by electronic mail or otherwise, we will treat the content as non-confidential and nonproprietary to you. By posting content on the Website, you authorize us to use and allow others to use, distribute, modify, and copy the content, without compensation to you and for so long as we deem warranted (collectively, "Use Rights"). Moreover, in posting this content to our Website, you warrant that you have sufficient authority and right to submit or post the information, and provide these Use Rights.
Janome does not promise that the Website will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on the Site. The Site, and all services on the Site are delivered on an "AS IS" and "AS AVAILABLE" basis. All information is subject to change without notice. Janome does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. JANOME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE JANOME SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
9. Limitation of Liability.
SUBJECT TO ANY RESPONSIBILITIES IMPLIED BY LAW AND WHICH CANNOT BE EXCLUDED, NO MEMBER OF THE JANOME GROUP IS LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE JANOME SITE, THE SERVICES, OR THE CONTENT. LIABILITY OF ANY MEMBER OF THE JANOME GROUP FOR A BREACH OF A CONDITION OR WARRANTY IMPLIED BY LAW OR OTHERWISE, AND WHICH CANNOT BE EXCLUDED, IS LIMITED TO THE EXTENT POSSIBLE, AT JANOME’S OPTION, TO: THE SUPPLY OF GOODS AND SERVICES AGAIN; THE REPAIR OF THE GOODS; OR, THE PAYMENT OF THE COST OF HAVING THE GOODS OR SERVICES SUPPLIED AGAIN OR REPAIRED.
You agree to defend, indemnify, and hold Janome and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
11. Additional Terms for Certain Services or Sites.
We may offer certain Janome Websites or services that are subject to additional or different terms and conditions. We will notify you if the site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms and conditions.
12. Modifications to these Terms.
These are the current Terms and Conditions. They replace any other Terms and Conditions for the Janome website published to date. If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
These Terms of Service shall not be assignable by you, either in whole or in part. Janome reserves the right to assign its rights and obligations under these Terms.
The information in this site has been prepared in accordance with Australian law for the supply of goods and services. This notice and the information in this site and all matters relating to either are governed by and are construed according to the laws applicable in the State of Victoria and the Commonwealth of Australia (“Australian law”). Both parties submit to the jurisdiction of the State of Victoria and Commonwealth of Australia. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in the courts of such jurisdiction.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Janome’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Janome and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
16. Contact Us.
You may contact us for any reason at the following addresses:
Janome Australia Pty Ltd
17. Effective Data.
The effective date of these Terms is November 14, 2008.