T&C

Terms and Conditions

[last updated May 2020]

This website is operated by J.R. Sonder & Co. ABN: 7413 697 0126

By using this website, you are agreeing to be automatically bound by these terms and conditions, including our privacy policy. We encourage you to carefully read and understand these terms before using the website or any of our services. If you don’t agree, your remedy is to stop using our website. 

We may update our terms from time to time and the new provisions will apply from the date they are updated.

jrsonderco.com.au is made available by J.R. Sonder and SiteGround. 

Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method (s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability

  • Errors in the description or prices for Goods

  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction is suspected.

Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should, therefore, take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:

  • The supply of Goods made to Your specifications or clearly personalised.

  • The supply of Goods which, according to their nature, are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.

  • The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.

  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy
J.R. Sonder & Co. reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the J.R. Sonder & Co subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the J.R. Sonder & Co. In that event, You will have the right to cancel Your Order.

Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.

Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

Feedback, comments or complaints
If you have any questions, please fill out the ‘Feedback, comments or complaints’ form at [email protected], and we will usually respond to all enquiries within two business days.
You assign all rights, title and interest in any Feedback You provide the J.R. Sonder & Co. If for any reason such assignment is ineffective, You agree to grant the J.R. Sonder & Co a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and licence to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

No unlawful or prohibited use 
As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you.

You expressly agree not to:

  • use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval

  • engage in any internal or external spamming, or other similar actions

  • engage in any unlawful or immoral acts or acts which are in violation of these terms and conditions

  • decompile, reverse engineer, or try to copy or imitate this website or underlying content

Links disclaimer
This website may contain links to other websites (Linked Sites). The Linked Sites are not under our control, and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Promoted Services – disclaimer
If we promote third party products or services via our website, it is because they have provided sponsorship, donations or supported us in some way. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services. 

Copyright, Trademarks and other Intellectual Property 
J.R. Sonder owns the intellectual property rights in the contents of this website or has permission to use or display the material on this website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us. Please contact [email protected] if you require permission to reproduce any of the contents of this website. 
Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content. 
The names of actual companies and products mentioned on this website may be the trademarks of their respective owners. Any example companies, organisations, products, people and events depicted on this website are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred. 

Permission
You may access, download, or print material from the website for your personal use only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website. 
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the our website content or our intellectual property. 

Your content
You warrant that you hold the necessary rights and interests to use any material you add to our website or social media pages (your content) and that all of your content does not infringe any third party intellectual property rights, including copyright and trademark rights. 
By submitting your content to our website you irrevocably grant to us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you, now or in the future. We will not use your content for any other purpose. You indemnify us against any claims made for breach of intellectual property rights in respect of your content. 
At our sole discretion, we may remove or disable your content if we believe your content to be in violation of our terms and conditions. We are not obligated to return any of your content to you under any circumstances.

Copyright infringement
If You believe that there is material on our website that infringes third party intellectual property rights, please contact [email protected] with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our website. 
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Security
We make efforts to maintain the security of our website. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time. 

Limitation of liability
We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law. 
Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

Indemnity
You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • any content you post via this website

  • your unauthorised use of this website or products or services included or advertised on this website

  • your breach of these terms and conditions.

Applicable law
This agreement is governed by the laws of New South Wales, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website. 
You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent to [email protected] We may provide notice to you via email or other electronic means. 
Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.  

Relationship 
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this website. 
Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to the information provided to or gathered by us with respect to your use. 

Changes to These Terms and Conditions 
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Validity 
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

These terms and conditions, together with our privacy policy, form the entire agreement between you and us in respect of your use of this website.

End.