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Terms of Use

Last Modified 29/07/2016

Your access to and the use of the website of Jersey Mike’s Australia Pty Ltd (ACN 606 294 508) (“Jersey Mike’s”, “us”, “we” or “our”), being www.jerseymikessubs.com.au (“Jersey Mike’s website” or “website”), is subject to the following terms and conditions, “Terms”, as well as all applicable laws. In consideration for making our website available to you, you agree to comply by these Terms, whether or not you are a registered user.

There are sections of Jersey Mike’s website that may connect you to other sites outside of the control of Jersey Mike’s website. These Terms apply ONLY to web pages that are part of Jersey Mike’s website.

Registration

Certain portions of Jersey Mike’s website are limited to registered users, and/or may allow a user to request support/services online by entering personal information. When users register with our website or purchase something from us, they will be provided a link to these Terms and asked to agree to comply with them. When you provide us with information, you agree that any personal information provided to us is complete and accurate. Also, you agree not to register under the name of, nor attempt to enter the website under the name of, another person, and you will not adopt a user name that Jersey Mike’s, in its sole discretion, deems offensive. Please note that any personally identifiable information that you provide to us will be subject to, and protected under, our Privacy Policy. Please read our privacy policy at https://www.jerseymikessubs.com.au/privacy-policy

Collection Notice

Jersey Mike’s may collect personal information about you in the course of your use of the Jersey Mike’s website, including when you register with our website, request support/services online and for purposes otherwise set out in our Privacy Policy accessible on this website.

Jersey Mike’s may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers, and our business partners) or as required by law. If you do not provide this information, Jersey Mike’s may not be able to provide all of our services to you. Jersey Mike’s may also disclose your personal information to recipients that are located outside of Australia, including to our web hosting providers, data centres and/or payment processing providers located in the United States of America, which may include Jersey Mike’s Franchise Systems, Inc., among others.

Our Privacy Policy explains:

If you would like any further information about our privacy policies or practices, please contact us by email at privacy@jerseymikes.com.

By providing your personal information to Jersey Mike’s, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Accuracy, completeness and timeliness of information

The information on Jersey Mike’s website is not comprehensive and is intended to provide a summary of the subject matter covered. The information on our website is not intended to replace or serve as a substitute for any professional or expert advice, consultation or service and must not be relied upon as such. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

Jersey Mike’s is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

Jersey Mike’s may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. Jersey Mike’s is not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

Your Account

If you use the Jersey Mike’s website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In addition, you agree to accept responsibility for all activities that occur under your Jersey Mike’s account or password. The Jersey Mike’s website sells products to adults, who can purchase with a credit card.

If You Are Under 18 Years of Age

If you are under 18, you may use the Jersey Mike’s website only with involvement of a parent or guardian. Jersey Mike’s and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

If You Are Under 13 Years of Age

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE THE JERSEY MIKE’S WEBSITE - there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

Access to the Jersey Mike’s website

Jersey Mike’s hereby grants you permission to use the website as set forth in these Terms, provided that: (i) your use of the website as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the website in any medium without Jersey Mike’s prior written authorisation; (iii) you will not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms.

In order to access some features of the website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Jersey Mike’s immediately of any breach of security or unauthorised use of your account. Although Jersey Mike’s will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of Jersey Mike’s or others due to such unauthorised use.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the website in a manner that sends more request messages to the Jersey Mike’s servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website with respect to their user submissions.

Conduct

You agree to access and use Jersey Mike’s website for lawful purposes, ONLY. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules, and regulations pertaining to your use of www.jerseymikessubs.com.au. By accessing Jersey Mike’s website, you agree that you will NOT:

Termination of Use

Jersey Mike’s may (in its sole discretion) suspend/terminate your access to or use of Jersey Mike’s website without notification for any violation of these Terms, or for other conduct that Jersey Mike’s deems is harmful/unlawful to others. In the event of termination, you are no longer authorised to access Jersey Mike’s website, and Jersey Mike’s will use whatever means necessary to enforce this termination.

Other Site Links

There may be some links on Jersey Mike’s website that are not maintained/operated by Jersey Mike’s (“Links”). Jersey Mike’s does not control these Links, nor do we review their content. Jersey Mike’s provides these outside Links to users for their convenience. The listing of Links is not an endorsement of information, products, or services, and does not imply a direct association between Jersey Mike’s and the operators of the Links.

Policy on Spamming

You specifically agree NOT to utilise e-mail addresses obtained by browsing through Jersey Mike’s website to transmit the same or substantially similar unsolicited message to 10 or more recipients in a single day. Also, you agree NOT to transmit the same or substantially similar unsolicited message to 20 or more recipients in a single week (seven consecutive days), unless it is required for legitimate business purposes. Jersey Mike’s (in its sole and exclusive discretion) will determine violations of limitations on e-mail usage set forth in these Terms.

Content

Jersey Mike’s has the right to monitor any content that you provide. We reserve the right to delete, move, and/or edit any postings that come to our attention, which we consider to be unacceptable or inappropriate whether for legal or other reasons. Australian copyright laws, as well as international conventions, protect the contents of Jersey Mike’s website. (You have agreed to abide by all copyright notices by entering and using Jersey Mike’s websitewww.jerseymikessubs.com.au)

Unless otherwise indicated, Jersey Mike’s owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on www.jerseymikessubs.com.au (“Content”).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

You may view the site using your web browser and save an electronic copy, or print out a copy, of parts of this site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements). All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

Indemnity

You agree to defend, indemnify, and hold harmless Jersey Mike’s (and its officers, owner/operators, employees and agents), the “Indemnified Parties”, from any and all liabilities and costs incurred by the Indemnified Parties in connection with any claim arising from any breach by you of these Terms, including reasonable attorneys fees and costs. You agree to cooperate as fully as may be reasonably possible in the defense of any such claim. Jersey Mike’s reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You in turn shall not settle any matter the subject of this paragraph without the written consent of Jersey Mike’s.

Disclaimer of Warranty

You expressly understand and agree that your use of Jersey Mike’s website, or any material available through the website, is at your own risk. To the maximum extent permitted by law, including the Australian Consumer Law, neither Jersey Mike’s nor its officers, employees or agents warrant or guarantee that the website in question will be uninterrupted, problem-free, free of omissions, or error-free; nor do they make any warranty as to the results that may be obtained from the use of the website. The content and function of Jersey Mike’s website are provided to you as is, and to the maximum extent permitted by law, including the Australian Consumer Law, without warranties or guarantees of any kind, either express or implied, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose or use.

Limitation of Liability

In no event will Jersey Mike’s (or its officers, employees or agents) be liable for the incidental, indirect, special, punitive, exemplary, or consequential damages, arising out of your use of or inability to use Jersey Mike’s website, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any and all other damages.

Under the Australian Consumer Law, consumers have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services.

Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) and which by law cannot be excluded, restricted or modified provided that, to the extent that such law permits us to limit our liability, then our liability is limited to:

Any express warranty given in these Terms is in addition to and does not limit your rights under the Australian Consumer Law.

Acceptance of Service

The website is controlled and offered by Jersey Mike’s from the facilities of Jersey Mike’s Franchise Systems, Inc. in the United States of America. Jersey Mike’s makes no representations that the Jersey Mike’s website is appropriate or available for use in other locations outside of Australia. Those who access or use the Jersey Mike’s website from other jurisdictions do so at their own volition and are responsible for compliance with the laws of their home jurisdictions.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Jersey Mike’s website is not intended for children under 13.

Modification of Terms of Use

Jersey Mike’s reserves the right to modify or supplement these Terms at any time. If we make any material changes to these Terms, we will post a notice about the change at a prominent location on our website. If you are a member of our Email Club, we will email you a notice of such changes.

General

You agree that: (i) the Jersey Mike’s website shall be deemed solely based in Queensland, Australia; and (ii) the Jersey Mike’s website shall be deemed a passive website that does not give rise to personal jurisdiction over Jersey Mike’s, either specific or general, in jurisdictions other than Queensland, Australia. These Terms shall be governed by the laws of the State of Queensland. Any claim or dispute between you and Jersey Mike’s that arises in whole or in part from the Jersey Mike’s website is subject to the non-exclusive jurisdiction by a court of competent jurisdiction located in Queensland, Australia. These Terms, together with the Jersey Mike’s website Privacy Policy and any other legal notices published by Jersey Mike’s on the website, shall constitute the entire agreement between you and Jersey Mike’s concerning the website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and the failure by Jersey Mike’s to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Jersey Mike’s reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes.