TERMS & CONDITIONS

1. TERMS AND CONDITIONS

jellyko.com.au (“the Site”) is owned and operated by Diego & Co Pty Ltd ACN 152 502 915 on the World Wide Web. You agree that access to and use of the Site are subject to the following Terms and Conditions together with the Jelly Ko Privacy Policy, Terms and Conditions of purchase (where applicable) and other customer service policies on this website. By entering the Site you agree to be bound by these Terms and Conditions and policies and any other notices accepted by you on the Site. By continuing to use the Site you are agreeing to the Terms and Conditions contained in the Site.

2. APPLICABLE LAW AND JURISDICTION

Your use of the Site is governed in all respects by the laws of the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland in relation to any legal proceeding directly or indirectly arising out or relating to this site (including but not limited to the purchase of Style Story products).

3. COSMETIC AND PERSONAL CARE PRODUCTS

Jelly Ko may offer cosmetic and personal care products, including, but not limited to skin care products and makeup, for sale through the Site. By purchasing such products you represent and warrant that you have consulted with an appropriate medical professional with respect to your use of such products and you have obtained all necessary prescriptions and other approvals and documents required in connection with your purchase and use of such products.

4. NO PROFESSIONAL ADVICE; RISK OF USE

All information supplied through the Site or Jelly Ko, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. The Site does not and is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition. Health-related information provided through the Site is not a substitute for professional medical advice. You must consult your personal physician or other healthcare professional before making medical decisions and before making purchasing decisions related to personal care products. You must carefully read and follow all product label information and the recommendations of your health care provider before using any cosmetic or personal care products. None of the information available through the Site constitutes a recommendation or solicitation to take or not take any particular action. The receipt of any questions or feedback you submit to Jelly Ko does not create a professional relationship and does not create any privacy rights other than those described in our Privacy Policy.

5. INDEMNIFICATION

You shall indemnify, defend and hold harmless Jelly Ko and its subsidiaries and assigns, from and against any and all claims, damages, liabilities, costs (including legal fees) and expenses which arise directly or indirectly from Your use of this Site, any breach by You of these Terms or the Privacy Policy, or any breach of any third party intellectual property rights.

6. PRODUCT DESCRIPTIONS, INFORMATION AND PRICES

6A. Product Descriptions

Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. Jelly Ko does not represent or warrant that the descriptions of any products shown on the Site (including personal care products) are accurate or complete. Your use of this Site is, at all times, entirely at your own risk. Jelly Ko 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 Jelly Ko 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. Jelly Ko does not make any guarantee as to the availability or suitability of products on this Site. Its is your responsibility to determine the suitability of a product or service for you and Jelly Ko expressly excludes all liability in relation to this. Jelly Ko 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. IF YOU PURCHASE A PRODUCT THAT IS NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR CREDIT IN THE AMOUNT OF THE PURCHASE PRICE. Jelly Ko has made every effort to display the colours of products on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor, Jelly Ko cannot guarantee that your monitor’s display of any colour will be accurate.

6B. Product Warranties

Unless pursuant to a supplemental warranty offered by Jelly Ko from time to time and subject to the terms and conditions applicable to such warranty as separately advised by Jelly Ko in writing or as posted on the Site from time to time (such warranty being a “Jelly Ko Warranty”), Jelly Ko will have no liability for any failure or malfunction of a product sold on the Site.

6C. Product Availability

We do not guarantee that all products described on the Site will be available. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate a promotional event at any time without notice.

7. NO RESPONSIBILITY FOR THIRD-PARTY CONTENT; COPYRIGHT

Unless otherwise indicated, Jelly Ko reserves all intellectual property rights, including but not limited to, copyright in material and services provided by the website. The material provided on the website is provided for personal use only and may not be resold, sold, re distributed, reproduced, duplicated, copied, or otherwise exploited except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968 or with the prior written consent of Jelly Ko.

Content on the Site may be provided by third parties, either as a result of submission by users or other persons or because of selection by Jelly Ko. Any opinions, advice, statements, descriptions, services, offers, information or other Content expressed or made available by third parties on or through the Site (“Third-Party Content”) are solely those of the respective authors or distributors, and not of Jelly Ko. Jelly Ko does not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. Jelly Ko make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made by an authorised Jelly Ko representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will Jelly Ko be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.

Jelly Ko will not assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if you believe that the Site contains Content that infringes copyright rights held by you, please contact us with the following information and signature: A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; Your address (including country), telephone number and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.

8. CURRENCIES

Please consult your credit card issuer agreement or the user agreement for the PayPal service for information regarding the determination of exchange rates by them. These exchange rates may include a “spread,” or amount payable to PayPal or the credit card issuer, which may result in variations in price.

9. THIRD PARTY WEBSITES AND APPLICATIONS

The Site may contain links, log-in interfaces and other connections to third-party websites and applications (including, without limitation, websites, widgets, software and other software utilities) (“Application(s)”). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by Jelly Ko. Applications are provided solely as a convenience to you and Jelly Ko is not responsible for and does not sponsor or endorse the content of Applications. You will need to make your own independent judgment regarding your interaction with Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your Jelly Ko account.

By using Applications, you acknowledge and agree to the following:

(1) if you use an Application to share information about you, your actions on the Site or relating to your Jelly Ko account, you are consenting to such information being shared;

(2) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Jelly Ko has not provided such information; and

(3) your use of an Application is at your own option and risk and you will hold Jelly Ko harmless from any sharing of information about you, your actions on the Site or relating to your Jelly Ko account that results from your use of an Application. In addition, each Application’s end-user license agreement, terms of use, privacy policy and any other documentation or materials designated by the Application will govern your use of that Application. If you revoke an Application’s access to your Jelly Ko account, information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. Jelly Ko does not take any responsibility for the performance of any Application or the use of any information shared with any Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints or claims about the Applications, you should contact the support or contact personnel of the Application and not Jelly Ko.

Jelly Ko may allow you to log in to portions of the Site using “Facebook Connect,” a Facebook, Inc. (“Facebook”) Application, either as the sole means of logging in or as an alternate means. Jelly Ko may also allow you to use other Facebook Applications and features, such as a “Like” button, so that you may use information from your Facebook account on the Site and share activities and other information related to the Site via Facebook.com. In addition to the terms set forth above with respect to all Applications (and without limiting the generality thereof), by using Facebook Connect and/or other Facebook Applications and features, you permit the Site to access information related to your Facebook account (including your profile information, friends and privacy settings) and you permit Facebook to check your Facebook account cookies when you are visiting the Site and to receive information concerning actions you take on the Site.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY JELLY KO ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF ALL PRODUCTS (INCLUDING WITHOUT LIMITATION ALL COSMETIC AND PERSONAL CARE PRODUCTS) INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. JELLY KO DOES NOT MAKE ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS AND PERSONAL CARE PRODUCTS) OR SERVICES INCLUDED ON, SOLD THROUGH, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. JELLY KO DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY’S CONFORMANCE, OR THE CONFORMANCE OF ANY THIRD PARTY’S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION, OR POLICY. JELLY KO DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM JELLY KO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE.

JELLY KO IS NOT LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO, OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES) OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM JELLY KO OR ANY THIRD PARTY’S UNAUTHORISED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER JELLY KO WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT JELLY KO’S AGGREGATE LIABILITY ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE (INCLUDING COSMETIC PRODUCTS AND PERSONAL CARE PRODUCTS), REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT. THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN “JELLY KO WARRANTY” (AS DEFINED ABOVE). WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

11. GENERAL

11.1 Severability If any of these terms or conditions shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms and Conditions.

11.2 Delay in Enforcement No delay or failure to take action under these Terms and Conditions shall constitute any waiver by Jelly Ko of any provision of these Terms and Conditions.

11.3 Complete Agreement These Terms and Conditions, together with Jelly Ko’s Privacy Policy and any other policies posted on the Site from time to time, constitute the complete agreement between you and Jelly Ko with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and Jelly Ko.

11.4 Indemnification You agree to defend, indemnify and hold harmless Jelly Ko from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.

11.5 Modification to Terms and Conditions Jelly Ko reserves the right, at its sole discretion, to change, add or remove portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you, all Submissions and all other uses of the Site will be subject to the terms and conditions of these Terms and Conditions, which shall apply until Jelly Ko posts a modified Terms and Conditions and then in accordance with such modified Terms and Conditions.