Terms of Use & Service

TERMS OF USE AND SERVICE

 

OVERVIEW

The Website(s) is/are operated by JSD Industries Pty Ltd ACN 79 622 562 065 of 21 Work Avenue, Pagewood NSW 2035 (“JSD Industries”) (“the Website”).

JSD Industries offers the use of this Website, including the purchase of all products sold by JSD Industries, all information on the Website, tools and services to the User conditional upon the User’s acceptance of all terms, conditions, policies and notices stated herein.

Users should read these Terms and Conditions (the “T&Cs”) carefully before accessing or using the Website.

JSD Industries reserves the right to update, amend, alter, remove or replace any part of the T&Cs at any time by uploading the updated version of the T&Cs to the Website without notice to Users.

JSD Industries encourages Users to periodically check the T&Cs for any amendments.  The User acknowledges that the T&Cs as amended from time to time govern the use of the Website or JSD Industries Products and Services and such use will constitute User acceptance of the T&Cs as amended from time to time.

 

DEFINITIONS AND INTERPRETATIONS

Throughout the Website and the T&Cs:

GST means the Goods and Services Tax pursuant to the A New Tax System (Goods and Services Tax) Act 1999 Cth.

Product/s means all items offered for purchase by JSD Industries.

Services means use of JSD Industries’ website and merchant services via its e-commerce platform, payment and administration facilities.

User, Users, you means the purchasers of JSD Industries’ Products and Services, and any person or entity accessing the Website.  

We, us, our, JAYDA SWIM, JSD Industries means JSD Industries Pty Ltd ACN 79 622 562 065 and/or any related party(s) of JSD Industries.

Headings used throughout the T&Cs are for convenience purposes only and do not affect the T&Cs.

All references to the singular includes references to the plural, and vice versa.

All references to a gender pro-noun includes references to the other, and vice versa.

Any ambiguity in the interpretation of the T&Cs is not to be construed against JSD Industries.

 

TERMS OF SERVICE

JSD Industries reserves the right to discontinue any Products or Services on offer at any time, and reserves its right to refuse to provide its Products and Services for any reason at any time.

Access:

Access to, and use of, the Website Services are governed by these T&Cs and Australian trade practices and consumer law.

By visiting any part of the Website and/or purchasing a Product from JSD Industries, the User agrees that they have read these T&Cs prior to, and agree to be bound by, the terms, conditions, policies, notices, rights, obligations and responsibilities of the T&Cs. 

All Users agree to be bound by the T&Cs, including Users who are browsers, purchasers, customers, vendors, merchants, and/or contributors of content.

The User agrees to be bound by the T&Cs regardless of whether they continue to complete any transactions with JSD Industries or through the Website.

JSD Industries reserves its right to refuse to provide its Products and Services to any User for any reason at any time.

Making a Purchase:

The User warrants:

  1. that they have full authority and legal capacity to engage JSD Industries and agree to the T&Cs;
  2. that they have full authority and legal capacity to make a purchase;
  3. that they will provide all information required to complete the transaction;
  4. that information provided to complete the purchase transaction is accurate and up-to-date;
  5. will observe all statutory and regulatory obligations, including:
    1. not engaging in conduct that is misleading or deceptive or likely to mislead or deceive;
    2. pay all amounts due and owing immediately;
    3. not using the Products or Services for any illegal or unauthorised purpose;
    4. not violating any laws in the course of the use of the Product or Services;
    5. not committing any cybercrimes or unlawful acts;
    6. not providing false or deliberately misleading information;
    7. not using the Products or Services for any obscene or immoral purpose;
    1. not disrupt or interfere with JSD Industries’ Website or Services, or other websites;
  1. The User agrees that any breach of these T&Cs or non-acceptance of these T&Cs will entitle JSD Industries to decline access to its Website and Products and Services; and
  2. JSD Industries reserves the right to discontinue any Products or Services on offer at any time, and its right to refuse to provide its Products and Services for any reason at any time.

 

ACCOUNT

Creating an Account:

  1. Users may create and register an account using their current email address and password.
  2. Opening an account is free of charge, and there is no obligation on the User to make a purchase.
  3. Users warrant that the information used to create and register an Account is genuine, truthful, accurate, and not misleading or false, information. 
  4. The User agrees to keep their personal information and Account details updated, and promptly update same in the event of any changes to such information.
  5. Users must not use User Identification (“User ID”) that are defamatory, harmful, vulgar, obscene, discriminatory, or infringes on the intellectual property of third parties.  JSD Industries reserves the right to request a User change or delete a User ID which in JSD Industries sole opinion is inappropriate or unacceptable for the above listed reasons.
  6. Users must not create an Account using another person’s identity.
  7. Users warrant that they have authority to use such information to create and register an Account.
  8. The User will notify JSD Industries if they become aware of any fraudulent use of their name, User IDs or other personal information.
  9. Users must not create more than one (1) account using the User’s own name and address.
  10. Confirmation and activation of the User’s account will be sent to the registered email address. 
  11. The email confirmation will provide the client with User ID and password.
  12. The User agrees to provide proof of identification if required by JSD Industries. Such information will not be sought by JSD Industries unless it is reasonably required in the course of investigating any breach or otherwise of the T&Cs.    

Operating an Account:

  1. The User ID, nickname and password are personal.  The User will maintain confidentiality of the Account details and is solely responsible for all activities conducted via their Account.
  2. Users shall not disclose their password information to any third party.
  3. Users warrant they have full authority and legal capacity to engage JSD Industries, operate an Account, and make a purchase.
  4. Users must observe all statutory and regulatory obligations, including:
    1. not engaging in conduct that is misleading or deceptive or likely to mislead or deceive;
    2. pay all amounts due and owing immediately;
    3. not using the Products or Services for any illegal, unlawful or unauthorised purpose;
    4. not violating any local, state or federal laws, regulations or ordinances in the course of the use of the Product or Services;
    5. not committing any cybercrimes or unlawful acts, including uploading or transmitting viruses or malicious code, or spam, or phish for information;
    6. not infringing on any civil rights;
    7. not engage in harassing, abusive, insulting, harmful, defamatory, slanderous, disparaging, intimidating, or discriminating conduct;
    8. not infringing on any intellectual rights;
    9. not providing false or deliberately misleading information;
    10. not using the Products or Services for any obscene or immoral purpose;
    11. not disrupt or interfere with JSD Industries’ Website or Services, or other websites;
    12. not disrupt, interfere or circumvent any security features of the Service.
  5. The User agrees that any breach of these T&Cs or non-acceptance of these T&Cs will entitle JSD Industries to decline access to its Website and Products and Services.
  6. JSD Industries reserves the right to discontinue any Products or Services on offer at any time, and its right to refuse to provide its Products and Services for any reason at any time.

 

PRODUCT AVAILABILITY

JSD Industries endeavours to make its Products available as advertised and in those advertised quantities.  However, Products may be in limited quantities.  JSD Industries will use its reasonable endeavours to notify users on the Website when Product availability is limited.

Products may, at JSD Industries’ sole discretion, be discontinued at any time and without notice.

Product descriptions may change without notice and at JSD Industries sole discretion. 

Although JSD Industries endeavours to display and describe all Products and Services as accurately as possible, JSD Industries makes no warranties as to the Product’s similarity to that displayed or described, in particular as to the Product’s colour or packaging, its completeness, reliability, currency or accuracy.

JSD Industries reserves the right to limit the sale of Products and Services to certain persons, geographic regions or jurisdictions.

JSD Industries reserves the right to limit or cancel at its sole discretion quantities of ordered Products, including for reasons of Product availability, and may notify the User by electronic mail, billing address or telephone provided at the time the order was received by JSD Industries. 

Promotions:

All promotions are subject to availability, while stocks last and for the duration of the promotion.

 

PAYMENT

Payment information will be transmitted over networks by encryption.

Prices

All prices listed or disclosed by JSD Industries are subject to change without notice at JSD Industries’ sole discretion, and effective immediately upon posting to the Website.

All prices listed are exclusive of shipping and handling fees, which fees are also subject to change without notice at JSD Industries’ sole discretion, and effective immediately upon posting to the Website.

JSD Industries’ reserves the right to cancel or refuse an order where there has been an error or omission on the Website, technical or otherwise, and/or the incorrect price has been displayed.

JSD Industries’ is not liable for any modification, price change, suspension or discontinuance of any Products or Services.

Taxes and Duties:

All prices stated by JSD Industries for its Products are inclusive of GST unless otherwise stated.

The User is responsible for all taxes applied by customs of their country in addition to the price of the Product and JSD Industries’ shipping and handling fees. 

JSD Industries recommends that the User clarifies what charges, if any, are applicable on their order by contacting their local customs department.

 

SHIPPING AND HANDLING POLICY

JSD Industries will ship domestically within Australia and internationally to those selected countries as specified on the Website. 

JSD Industries endeavours to ship the Product within 1 - 2 business days of receipt of the User’s order.

Users should allow the following number of days for delivery of Product once the Product is shipped:

Shipping within Australia:

  • within 1 – 3 business days using registered post.

The User should allow 7 days for delivery of Product from the date the order is received by JSD Industries.

International Shipping:

  • within 7 – 13 business days using registered international.

The User should allow 18 days for delivery of Product from the date the order is received by JSD Industries.

User Acknowledgment:

The User acknowledges and agrees that:

  • some delays are beyond the control and responsibility of JSD Industries;
  • JSD Industries takes no responsibility for any untracked parcels which go missing.  Use of untracked shipping is at the User’s sole risk;
  • the User is responsible for contacting the shipping service provider for follow up on delivery;
  • JSD Industries takes no responsibility for any unreasonable or unforeseeable damage incurred during the shipping process;
  • JSD Industries takes no responsibility for any delivery to an incorrect or invalid address through the error of the User when placing the order or by the shipping service provider;
  • the User is required to contact JSD Industries to arrange re-delivery of any returned parcels and is responsibility for shipping and handling fees for that re-delivery; and
  • JSD Industries reserves the right to update, amend, alter, modify, remove, add, replace and otherwise change all or any part of the Shipping and Handling Policy at any time and without notice to the User, and effective immediately upon posting to the Website.

 

RETURNS, REFUND AND EXCHANGE POLICY

The User acknowledges that results will vary from user to user, depending on period of use, individual’s reactions and whether the User follows the provided instructions. 

For health and safety concerns, JSD Industries will only offer a refund in the following circumstances:

  • where the product is faulty or defective;
  • where it is, in JSD Industries’ sole discretion, appropriate to do so; and
  • as otherwise permitted by law.

JSD Industries will not offer a refund for a change of mind. 

Faulty or Defective Product:

A Product is faulty or defective if, upon delivery, does not meet the guarantees pursuant to Volume 3 Schedule 2 Chapter 3 Part 3-2 Division 1 Subdivision A Sections 54, 55, 56 of the Competition and Consumer Act 2010 Cth.  

A determination of fault or defectiveness is at JSD Industries sole discretion upon inspection of the returned Product.

Returns Process for Faulty or Defective Product:

A faulty or defective Product must be returned within 14 days of the date of delivery if the User desires a refund or exchange.

JSD Industries will, within 14 days of receipt of a faulty or defective Product, offer the User a refund of the purchase price (including shipping and handling fees) if the Product is returned in its original state and packaging with all accessories and documentation, or an exchange for a similar Product, subject to that Product’s availability.

The User acknowledges and agrees that the User is responsible for the shipping and handling costs of returning the Product for refund or exchange.  JSD Industries will be responsible for the shipping and handling costs of posting the exchanged Product to the User, or the administration costs of refunding the purchase price to the User, excluding any bank or credit union fees payable by the User.

JSD Industries reserves the right to update, amend, alter, modify, remove, add, replace and otherwise change all or any part of the Returns, Refund and Exchange Policy at any time and without notice to the User, and effective immediately upon posting to the Website.

Faulty or defective Products should be returned to:

JSD Industries Pty Ltd
P.O. Box 316
ROSEBERY NSW 1445
 

PRIVACY POLICY

Purpose of collection:

To enable JSD Industries to supply the User with its Products and Services and conduct our business, personal information is required from the User, which includes but is not limited to:

  • billing for Products and Services;
  • maintaining customer databases;
  • establishing and maintaining our relationship with the User;
  • improving Products and Services;
  • complying with legal obligations or exercising legal rights.

JSD Industries may also use the User’s personal information for directing marketing purposes, to operate and improve the functionality of JSD Industries’ Website and Services, or for any other reasonably expected purposes.

Definition of Personal Information:

“Personal information” is any information which identifies the client or individual, or can reasonably be expected to identify the client or individual.  This includes, but is not limited to:

  • names;
  • addresses;
  • email addresses
  • dates of birth;
  • telephone numbers;
  • bank account details;
  • gender;
  • occupation;
  • geo-location, device and internet connection details, etc;
  • details of the Products and Services JSD Industries has provide to the User including those the User has enquired about;
  • the User’s use of JSD Industries’ website;
  • credit card and banking information. 

JSD Industries will not collect sensitive information such as race, religion, sexual orientation, political orientation, health status and biometrics, marital status, criminal records, or government identifiers such as tax file or Medicare numbers etc.

Collection of Personal Information:

The User’s consent to collection of personal information is obtained in writing and may be obtained verbally or be implied. 

Collection may be:

  • through JSD Industries’ Website, including uses of cookies;
  • directly through completion of JSD Industries’ forms, provision during the User’s conversations and correspondence to JSD Industries, interactions with JSD Industries and advertising, and instructions from the User;
  • from a third party;
  • through business referrers;
  • from publicly available sources.

If personal information has not been collected directly from the User, or the User is aware that the information has been disclosed to JSD Industries’ Website, including uses of cookies, JSD Industries may notify the User of the disclosure, if reasonable and practicable to do so.

Any other unsolicited personal information not encompassed above will be destroyed or de-identified.

Use of Personal Information:

JSD Industries may use personal information and materials to promote products and services directly to the User, via telephone, SMS, mail, email or online advertising from time to time.

The User may opt out of receiving direct marketing, or any other marketing information, at any time by sending a written request to JSD Industries. 

Disclosure of Personal Information:

JSD Industries may disclose personal information to:

  • related parties;
  • advisors;
  • business partners;
  • any other party in connection with JSD Industries usual business operation;
  • potential purchasers/assignees of the JSD Industries entity and/or business;
  • authorised parties such as the User’s representatives;
  • entities such as Courts, local, state and federal authorities, and financial institutions as required by law.

Security of Information:

JSD Industries will undertake reasonable precautions to safeguard the information collected from the User against loss, modification, misuse, unauthorised access, or inadvertent disclosure.

These precautions may include:

  • credit card information will be encrypted using secure socket layer technology (SSL);
  • credit card information will be stored with an AES 256 encryption;
  • utilising firewalls;
  • utilising virus protection software applications;
  • update security measures when and if applicable;
  • storage of information in both external and internal secured premises;
  • restrict access to personal information;
  • implement and require confidentiality agreements with contractors and third party organisations;
  • de-identifying and destroying personal information when appropriate;
  • follow all PCI-DSS requirements; and
  • implement any additional generally accepted industry standards.

User Agreement:

The User agrees that:

  1. they have read JSD Industries’ Privacy Policy;
  2. by using the Website, engaging in Services, purchasing a Product, or agreeing to our T&Cs, the User consents and agree to the collection of personal information and use and disclosure of it pursuant to this Privacy Policy;
  3. continued use of the Website and continued engagement with JSD Industries will be deemed to be an acceptance of the Privacy Policy;
  4. the User will ensure that the information provided is accurate and up-to-date;
  5. JSD Industries may request the User advise of any changes to their personal information;
  6. .in certain circumstances, the User is permitted to use a pseudonym or withhold identification;
  7. should the User become aware that the personal information is incorrect or inaccurate, the User may request JSD Industries to correct that information. Pearl Group Holdings will reasonably endeavour to correct any such information as soon as practicable;
  8. the User may request access to their personal information held by JSD Industries which relates to the User at any time by sending a written request. JSD Industries will endeavour to act within 30 days of the request or as soon as practicable;
  9. JSD Industries may decline to release such information in circumstances where JSD Industries is prevented from releasing information due to law or legal proceedings, or in circumstances where it is not possible or impracticable, and will provide the User with its reasons for the declinature;
  10. if access is required to information held in archives, JSD Industries may charge the User a reasonable fee to cover such costs or likely expense of providing the requested information;
  11. JSD Industries may be required to retain the User’s information for a period of time, even after termination of the relationship between the User and JSD Industries.
  12. JSD Industries may update, amend, alter, modify, remove, add, replace and otherwise change all or any part of the terms of the Privacy Policy at any time at its discretion and without notice to the User, effective immediately upon uploading to the Website within these T&Cs. The User should check the Privacy Policy as disclosed in these T&Cs from time to time to ensure the User is up-to-date with the current Privacy Policy.
  13. The User acknowledges that the Privacy Policy as amended from time to time govern the use of the Users’ personal information and use of JSD Industries’ Website, Services and Products will constitute User acceptance of the Privacy Policy as amended from time to time.

 

DISCLAIMER & LIMITATION OF LIABILITY

The User agrees that Pearl JSD Industries makes no warranties that use of JSD Industries’ Website or Services will be uninterrupted, continuous or timely.

The User acknowledges that the Products and Services provided by JSD Industries are provided “as is” and “as available”

The User agrees that aside from those offered and protected by applicable laws and regulations, JSD Industries makes no representations or warranties, express or implied, as to merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement.

Errors, Inaccuracies, and Omissions:

The User agrees that JSD Industries makes no representation as to the validity, accuracy, verity or reliability of the content of the Website as the material on the Website is provided for general information only. 

The User agrees that any reliance on the information on the Website is at their own risk.

Corrections and Changes:

The User agrees that JSD Industries has no obligations to update any information on the Website, except as required by law, and that the information on the Website may be modified at any time by JSD Industries without notice to the User.

The User agrees that JSD Industries may update, amend, alter, modify, remove, add, replace and otherwise change all or any part of the T&Cs at any time and without notice to the User, and effective immediately upon posting to the Website.

JSD Industries encourages Users to periodically check the Website for any amendments.

The User acknowledges that the Website and T&Cs as amended from time to time govern the use of the Website or JSD Industries Products and Services and such use will constitute User acceptance of the Website and T&Cs as amended from time to time.

Third party links and tools:

Users may have access to third party links and tools during the use of JSD Industries’ Products and Services and acknowledge and agree that JSD Industries does not monitor nor has any control over such links and tools.  The User acknowledges that they use such links and tools at their own risk.

JSD Industries makes no warranties, representations or endorsements of any such links and tools.

JSD Industries is not liable for the conduct of those third party website operators.

JSD Industries encourages Users to review such third party’s terms, conditions and policies prior to engaging in any transaction with the third party links and tools.

User complaints involving third party links or tools should be directed to the third party directly.

Limitation of Liability:

The User agrees that JSD Industries and its employees, directors, officers, providers, licensors, suppliers, contractors and agents are not liable for any injury, loss, claim, direct or indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, revenue, income, savings, data, replacement costs, or any other similar damages, whether in contract or tort, strict or otherwise, arising from the User’s use of JSD Industries’ Products and Services, to the extent permitted by law.

 

INDEMNITY

The User agrees that JSD Industries and its employees, directors, officers, providers, suppliers, licensors, contractors and agents are released and indemnified against all claims, actions, proceedings, judgements, damages, interest, costs, expenses, compensation or losses by the User or a third party as a result of reliance on the information obtained from the contents of the Website, or as a result of reliance on the information obtained from third party links and tools, or arising out of the User’s breach of these T&Cs and Policies.

No waiving of rights:

Failure by JSD Industries to exercise or enforce any rights or provisions in the T&Cs does not constitute a waiver of that right or provision.

 

ENTIRE AGREEMENT

The User agrees that these T&Cs, and any other Policies referred to herein constitutes the entire agreement between JSD Industries and the User as to the use of JSD Industries’ Products and Services and the terms of engagement of the parties.

Any agreement, understanding or arrangement outside of these T&Cs and Policies referred to herein, are unenforceable.

The User agrees that these T&Cs and any other Policies referred to herein supersedes any prior agreement, understanding or arrangement whether written, oral, express or implied.

Any ambiguity in the interpretation of the T&Cs is not to be construed against JSD Industries.

 

SEVERABILITY

In the event that any provision in the T&Cs herein is determined to be unlawful, void, unenforceable, that provision is deemed to be severed from the T&Cs, and will not affect the enforceability of any other remaining provisions.

 

TERMINATION

JSD Industries may immediately, and without notice, terminate the agreement to the T&Cs upon any of the following:

  1. any breaches and violations of, or non-compliance with, the T&Cs; and
  2. non-acceptance of the T&Cs.

The User may terminate their agreement to the T&Cs by providing notice in writing to JSD Industries.

Any benefits, rights, obligations, and liabilities incurred by the parties prior to the termination will survive the termination.

 

JURISDICTION

These T&Cs are governed by the laws and regulations of New South Wales. 

In relation to it and related non contractual matters each party irrevocably submits to the non‑exclusive jurisdiction of courts with jurisdiction there, and waives any right to object to the venue on any ground.

 

COMPLAINTS & DISPUTE PROCEDURE

The User agrees that in the event of a complaint, dispute or claim against JSD Industries in relation to these T&Cs or Policies, the User must firstly notify JSD Industries of the complaint, dispute, or claim in writing.

JSD Industries will provide a written response within 28 days of receipt of the written complaint, dispute or claim.

In relation to complaints regarding the Privacy Policy, should the complaint not be satisfactorily addressed, the User may also make a complaint in writing to

Office of Australian Information Commissioner

GPO Box 5218 SYDNEY  NSW  2001 or GPO Box 2999 CANBERRA  ACT 2601

http://www.oaic.gov.au

For all other complaints, disputes or claims not satisfactorily addressed, the User and JSD Industries agree to firstly engage in a mediation or other such alternate dispute resolution process through the Australian Disputes Centre, and the costs of such alternate dispute resolution to be borne equally by the parties.

The User agrees to fully participate in the process of alternate dispute resolution.

The User agrees that in the event that they do not firstly participate in the alternate dispute resolution process outlined above, to indemnify JSD Industries against any costs incurred by it to proceed to have the litigation set aside or adjourned to enable the parties to undergo alternate dispute resolution processes outlined above.

 

CONTACT INFORMATION

JSD Industries Pty Ltd ACN 79 622 562 065 trading as JAYDA SWIM:

JSD Industries Pty Ltd 
P.O. Box 316 
ROSEBERY NSW 1445
W: www.jaydaswim.com.au

E: info@jaydaswim.com.au

 

COPYRIGHT

The Website design, text, graphics, logo, button icons, images, videos, audio, selection and arrangement thereof, software, and Product is protected by copyright.  Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of JSD Industries Pty Ltd ACN 79 622 562 065 of 21 Wark Avenue, Pagewood NSW 2035.

User Comments/Submissions:

The User agrees that any submissions made voluntarily to or at the request of JSD Industries, including contest entries, ideas, suggestions, proposals, plans, writings, drawings, or other materials, through whichever medium, may be used without restriction by JSD Industries to edit, copy, publish, distribute, translate, and other such use at its sole discretion.

The User agrees that if their submission is used by JSD Industries, the User is not entitled to confidentiality, compensation, or response from JSD Industries.

The User warrants that their submissions are their own, and do not violate any laws, regulations, or policies.

The User acknowledges that JSD Industries may, but has no obligation to, monitor, edit or remove content on the Website.

This work is copyright.  Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of JSD Industries Pty Ltd ACN 79 622 562 065 of 21 Wark Avenue, Pagewood NSW 2035.