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Terms of Use

RASCO Enterprises Pty Ltd trading as Joonya (ABN 11 108 905 951), and its affiliated entities including Joonya, LLC (referred to as Joonya, we or us), provides a web application (Services) which is accessible at joonya.com and all associated sites linked to joonya.com by Joonya and its affiliated entities (Site), and on our mobile applications (Apps). The Site, Services and Apps are the property of RASCO Enterprises Pty Ltd ("Joonya").

These Business Terms of Use (Terms) form a binding legal agreement between Joonya, its directors, officers, employees, successors and assignees, and each person, organisation or entity using our Services (you, your or User). By using the Site, the Apps and Services, you agree to comply with and be legally bound by these Terms of Use (Terms). Please read the Terms carefully. Please contact us if you have any questions. You can contact us at [email protected]

Use of This Site


The Site and Services provide an e-commerce storefront selling baby-related products (Products).

Joonya is not a party to any agreement entered into between Members. Joonya is not a referrer, and provides no such related services. We have no control over the conduct of Members and other users of the Site and Services. We disclaim all liability in this regard, as set out in the Terms.

Products and Information


Your use of this Site is, at all times, entirely at Your own risk. Joonya shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, neither We, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this Site. You acknowledge that any such information may contain errors or inaccuracies and Joonya expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, We may correct that information without any liability to You or any third party.

Joonya does not make any guarantee as to the availability or suitability of products on this Site. It is your responsibility to determine the suitability of a product or service for You and Joonya expressly excludes all liability in relation to this.

Joonya reserves the right to, at its sole discretion, limit the quantity of products purchased by any User through this site at any time and for any reason.

Contract


Your use of our Site, our Apps and our Services indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, that you have legal capacity to enter into a contract for sale, and that you are eighteen (18) years or older or if younger than eighteen (18) years you have the approval of your parent or guardian. If this is not correct, or if you do not agree to the Terms, you are not permitted to use any of our Services.

Privacy Policy


The Privacy Policy on our Site sets out how we collect, use and protect your personal information. This is available on our Site.

Amendment


These Terms may be amended from time to time, without prior notice. Your use of our Services following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms, before continuing your use of our Services. Our agents, employees and third parties do not have authority to change the Terms.

Online Registration


Each person may have one (1) account as a Member on the Site including a Profile (Account).

Basic information is required when registered on our Site as a Member. Members are required to provide certain information including name and email address.

Each Member agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Joonya reserves the right to suspend or terminate your Account and your access to the Site and Services if any information provided to us, including for the Site, proves to be inaccurate, not current or incomplete.

To keep your information secure and confidential, you are requested by us to change your passwords at regular intervals.

It is your responsibility to keep your Account details and password confidential. You are liable for all activity on your Account, including purchases made using your account details. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.

You will immediately notify Joonya of any unauthorized use of your Account.

Members and Services


We reserve the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that Joonya, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the Apps or Services.

Inviting Friends and Earning Referral Credit


When you invite friends to register for an account at Joonya by sharing a promo code with them, you (and your friend) will both receive a $10 Referral Credit, for each new friend who makes a first qualified purchase, up to a total of 5 friends.

A qualified or eligible purchase is a newly referred member's first subscription order (it does not include a trial order). You will receive your credit when your friend uses the unique promo code that you shared with them.

Any newly referred member needs to live in a different household that has not previously received an order from us.

Your Referral Credits are automatically applied to your purchases at checkout. You can check the amount of Referral Credits you have earned at any time by visiting the "invite friends and save" section on the My Store page.

Referral Credits have no cash value by themselves; they are only deemed to have a notional cash value of $10 if they are used in connection with an eligible purchase on our Site.

Referral Credits are issued to a single Joonya account holder at our discretion and cannot be transferred between accounts or between users. Credits cannot be bartered, exchanged or sold. Referral Credits are a promotional offer and are not a payment instrument. Referral Credits are issued without any exchange of money or value from you and you have no vested property right or interest in them.

We reserve the right to limit or cancel your Referral Credits in our sole discretion if we determine that you have violated these Terms of Use, including through fraudulent or misleading referral activity (for example, by inviting fake people to join Joonya, using false names, using multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information to us) or if we terminate your account for any reason. You may also be liable for civil and/or criminal penalties under applicable law.

We reserve the right in our sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of Referral Credits. Such changes may include, without limitation, how you may earn and spend Referral Credits, how long Referral Credits last, and the lifetime maximum amount of Referral Credits that you may earn.

Only one promo code is allowed to be user per transaction. Further discounts from existing referral credits will be provided automatically. If a member unsubscribes from our service then any existing credit attached to the account will be deleted permanently.

Cancellation of Registration


If you wish to cancel your registration, you can do so by writing an email to [email protected]

Consumer Guarantees

Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.

If you are a consumer as defined in the ACL, the following notice applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to one hundred Australian Dollars ($100).

Copyright and Intellectual Property


Our Site and our Apps contains material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site and the Apps (Collective Content). Joonya and all material used in connection with the Site and the Apps are unregistered or registered trademarks of Joonya.

Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Joonya (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organisation names; internet domain names; site content, images and layout; and App content, images and layout.

You agree that, as between you and us, we own all Intellectual Property rights in the Site, the Apps and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the copyright which subsists in all creative and literary works displayed in the Site, Apps and Services. The Site, Apps and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Joonya or the owner of the content.

Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).

Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Joonya or the applicable trademark holder.

Users of the Site and the Apps do not obtain any interest or license in the Intellectual Property or Third Party Marks without the prior written permission of Joonya or the applicable trademark holder. Members may not do anything which interferes with or breaches the Intellectual Property rights.

User License


Subject to these Terms, Joonya grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Site, Apps and Services for your own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the Member as permitted in accordance with these Terms (User License), and not to use the Site, Apps and Services in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.

The right to use the Site, Apps and Services is licensed to you and are not being sold to you. You have no rights in the Site, Apps and Services other than to use it in accordance with these Terms.

This Agreement and User License governs any updates to, or supplements or replacements for, the Site, Apps and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

Permitted and Prohibited Conduct

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Apps and Services. In connection with your use of our Site, Apps and Services, you may not and you agree that you will not:


use the Site, Apps or Services for any commercial or other purposes that are not expressly permitted by these Terms;

register for more than one (1) Account as a Member or register for an Account on behalf of an individual other than yourself;

submit any false or misleading information;

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

copy, store or otherwise access any information contained on the Site, Apps and Services or Content for purposes not expressly permitted by these Terms;

infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

use our Site, Apps or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;

use, display, mirror or frame the Site or Apps, or any individual element within the Site or Apps, Services, Joonya's name, any Joonya trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Joonya's express written consent; or

advocate, encourage, or assist any third party in doing any of the foregoing.


Content


The Site, Apps, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge and agree that the Site, Apps, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Joonya and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Apps and Services, or Collective Content.

Disclaimers


Joonya accepts no responsibility for and makes no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. Joonya disclaims any and all liability related to any and all Members and Profiles.

By using the Site, Apps or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of third parties will be limited to a claim against the third party who caused you harm.

To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, Apps or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.

For the avoidance of doubt, Joonya is not responsible for any taxation matters associated under these Terms. We advise that all Members using our Site, Apps and Services to seek their own advice in relation to these matters.

Each Member who uses the Site, Apps and the Services do so at their own risk.

We exclude all express and implied conditions and warranties, except for your Rights, to the fullest extent permitted by law, including but not limited to:


Joonya expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;

Joonya does not warrant that the Site, the Apps, the Services, Products, content on the Site or Apps, or your access to the Site, the Apps or the Services will be error free, that any defects will be corrected or that the Site, the Apps or the server which stores and transmits material to you are free of viruses or any other harmful components;

Joonya takes no responsibility for, and will not be liable for, the Site, the Apps, the Services or Products being unavailable, failing to meet your needs, or of being less than merchantable quality; and

Joonya will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential, and / or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, the Apps, Services, Content, inability to access or use the Site, the Apps, the Services, the Profile, or the Terms, even if Joonya was expressly advised of the likelihood of such loss or damage.

You agree not to attempt to impose liability on, or seek any legal remedy from Joonya with respect to such actions or omissions.

Limitation of Liability


Our total liability arising out of or in connection with the Site, the Apps, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed one hundred dollars (AUD$100).

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Joonya and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Joonya.

Postage


Any products purchased by You from this Site will be posted by a third party carrier. All title in and risk to such products will pass to You upon delivery to the third party carrier by Joonya.

Indemnity


You agree to defend and indemnify and hold us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to our Services; any breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party.

We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defences.

This defence and indemnification obligation will survive these Terms and your use of the Site, Apps or Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Return Policy


By taking advantage of our Trial offer, this may be a good way to test the quality of our product before committing to a subscription or one-off purchase. There are no Returns accepted of Trial product.

For product not bought via our Trial offer, we will give you a 30-day money-back guarantee from the time you receive the goods. Please email us at [email protected] within that time if you are not satisfied with your purchase so that we can resolve any issues. Please note it needs to be a legitimate reason for a refund.

We recommend that you return the unused product (they will need to be returned) via Registered post and that you pre-pay all postage. You assume any risk of lost, theft or damaged goods during transit and therefore we advise you insure your parcel. Joonya will not be responsible for parcels lost or damaged in transit if you choose not to insure.

Please include your original order number so we can track this back to your payment and issue any applicable refund.

Please post to:

312 / 1 Newstead Tce
Newstead QLD 4006
Australia

Renewals


Members who choose to subscribe to receive our products will see a default subscription cycle that automatically renews at the end of each cycle. Members are able to alter the length of the subscription cycle and amount of product to be delivered each cycle. Cancellation, pausing and resuming of a subscription can be done at any time on the My Store page of the Joonya Eco Store. Once an order has been processed unfortunately we are not able to cancel it. We send out a reminder email 2 days prior to processing a subscription order to give you the opportunity to cancel it.

General


Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or Apps for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

Termination: We reserve the right to refuse supply of the Services required by you, terminate your account, terminate our contract with you, and remove or edit content on our Site or Apps at our sole discretion, without incurring any liability to you.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control.

Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.

Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Jurisdiction and Applicable Law: These Terms, your use of this Site and the Apps and any dispute arising out of your use of it is subject to the laws of Queensland, Australia, and subject to the exclusive jurisdiction of the Queensland courts. The Site and Apps may be accessed throughout Australia and overseas. Joonya makes no representation that the content of the Site and Apps complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site or Apps from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site or Apps. The products referred to in this Site are currently available in Australia and the USA, and may not be available in your country. This Site is controlled and operated by RASCO Enterprises Pty Ltd from Australia and we make no representation that the information and materials in this Site, including without limitation, the information and other materials promoting the products identified herein, are appropriate or available for use in other locations.

Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and Joonya, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

For questions and notices, please contact us at:

RASCO Enterprises Pty Ltd trading as Joonya (ABN 11 108 905 951)
312 / 1 Newstead Tce, Newstead QLD 4006, Australia

[email protected]

Last update: 17th August, 2017