Online Terms and Conditions of Use

1. About Our Site

The www.jamesst.com.au website (“our Site”) is operated and published by James Street Initiative Pty Ltd ACN 164 358 463 (“JSI”). Any reference in these Terms and Conditions to “we” “our” or “us” is a reference to JSI.

Our Site provides access to information about JSI and multiple offerings of products and services from multiple retailers (“Participating Retailers”) including unique and exclusive discounts, pricing, gift cards and promotional prizes. Our Participating Retailers have premises located within the James Street precinct. These Terms and Conditions apply to all dealings through our Site with them.

Our Site is an online venue that allows users to undertake a number of activities including registering to be members or to enter competitions, viewing information about the James Street precinct and our retailer members and clicking through to websites of individual retailers participating in our Site.

2. Use of Our Site

By using our Site, you agree to be bound by, and comply with, these Terms and Conditions. Your use of our Site is conditional upon your acceptance and compliance with these Terms and Conditions. You should read these Terms and Conditions carefully. You must not access, browse or otherwise use our Site unless you agree to be bound by these Terms and Conditions. If you do not then you must cease accessing or using our Site.

We reserve the right to amend our Site and these Terms and Conditions at any time and from time to time without notice to you. Your continued use of our Site after any amendment to the Terms and Conditions constitutes an agreement by you to abide and be bound by these Terms and Conditions as so amended. If you breach these Terms and Conditions, your right to use our Site will cease immediately and we may refuse you access to our Site at our discretion.

3. Your Acknowledgement, Agreement and Acceptance

You acknowledge, agree, promise and accept that:

• you are aged 18 years or older;
• JSI is not the agent of any of the Participating Retailers whose products or services are accessible through our Site;
• JSI is not your agent;
• to the extent permitted by law, including any law relating to Unfair Contract Terms, Misleading and Deceptive Conduct or Unconscionable Conduct, JSI is not responsible or liable in any way for any actions, suits, claims, demands, losses, damages, liabilities, cost and expenses of any nature (including without limitation civil and criminal penalties to the extent permitted by law)suffered or incurred by you or which you may have at any time actually or contingently arising directly or indirectly from:

any failure by any participating retailer or any person acting on its behalf (including as a contractor or employee) (“Agent”) to comply with any provision of:

▪ any contract or agreement between you and participating retailer; and

▪ any statute or regulation applying to your with any participating retailer;

o any dishonest, fraudulent or negligent act or omission by a participating retailer, or any of its Agents whether in breach of any relevant contract or agreement or statute or regulation or not;

o any misrepresentations or unconscionable conduct by the participating retailer or its Agents in relation to its products or services advertised through our Site or otherwise;

o any liability to a third party arising because of, or contributed to by, any act or omission by the participating retailer or its Agents;

o any conduct of by the participating retailer or its Agents;

o any defect, flaw or failing in any product or service obtained by you from any of our Participating Retailers whether through our Site or otherwise; or

o any conduct by any other users of our Site.

• you shall not when dealing with us or with our Participating Retailers or other users of our Site engage in any conduct which is:

o dishonest, fraudulent or misleading;

o abusive or insulting;

o discriminatory, illegal or otherwise unlawful;

• you must only access our Site or complete our registration form on your own behalf.

• you shall not when accessing our Site or when dealing with us or with our affiliate merchants or suppliers:

o engage in any kind of hacking, tampering or abuse of our Site and its attended computer system; or

o insert into our website any script, code, robot or other software program which may have the effect of disrupting or disturbing the operation of our Site or the website of any Participating Retailers or interfering with the access of other persons to the website.

• you shall comply with any and all terms and rules of any Gift Card and Competition offers made by us or by any of our Participating Retailers.

4. Accessing Our Site

You agree and acknowledge that:

• Access to our Site is not provided on a continuous, uninterrupted or permanent basis;
• Not all sections of our Site may be able to be accessed by all users of it whether registered or not;
• We make no promise or warranty that our Site will be accessible by you at any time;
• We may withdraw or amend the service of our Site without notice to you;
• You shall not hold us if for any reason our Site is unavailable at any time or for any period.

If you register, you may be required to provide us with information about yourself, which must be true, accurate, current and complete in all respects. We may change registration requirements from time to time at our discretion.

5. User Identification and Passwords

If you choose to register with our Site and you are provided with, a user identification code, password or any other piece of information as part of our security procedures, then:

• you must treat such information as confidential, and you must not disclose it to any third party;
• we may disable any user identification code or password, whether chosen by you or allocated by us, at any time without notice, if in you have failed to comply with any of the provisions of these Terms and Conditions; subject to
• our dispute resolution procedure set out in clause 17.

6. Prices and Taxes

• All prices displayed on our Site are in Australian dollars ($) and are inclusive of GST if applicable.
• Our Site is designed for use by Australian residents. Any purchases made on our Site, including Gift Card services, are limited to Australian residents only.
• Any prices displayed on our Site are those provided by our Participating Retailers and we are not responsible for their accuracy or any changes made by those retailers.

7. Copyright and Intellectual Property Rights

You acknowledge that

• Except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:

o copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on our Site;

o perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or byany storage and information retrieval system) any of the information or material on our Site without our specific prior written consent;

o alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from our Site or which can be accessed through our Site; or

o use or apply, for commercial purposes any material or information on our Site, without our prior written consent.

• All trademarks, brands and names appearing on our Site are the property of their respective owners.

• Nothing contained on our Site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.

• No trademarks, brands or names, including as part of domain names or email addresses, may be used by you in any manner that is likely to cause confusion or misrepresentation whether such is found to be misleading and deceptive at law or not.

8. Links and Third-Party Statements on Our Site

• If you attach or otherwise refer a link to our home page, you must:

o do so in a way that is fair and legal and does not damage our reputation or take advantage of it; and

o not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; and

o we reserve the right to withdraw linking permission without notice.

• When and if our Site provides links to other websites not maintained or controlled by, or associated with, us, including those of Participating Retailers, then:

o We provide no endorsements, representations or warranties about any other website which you may access through our Site, including those of Participating Retailers (“Other Website”);

o you acknowledge that when you access an Other Website:

▪ the Other Website is independent from our Site;

▪ we have no control over the content on that Other Website;

▪ we are not responsible for the accuracy of any information on any Other Website. We do not monitor or review the content of any Other Website; and

▪ You must take your own precautions to ensure that any Other

Website that you access by link from our Site are free from viruses, worms, Trojan horses and other material of a destructive nature.

9. Security

While we take appropriate technical and organisational measures to safeguard the personal data that you provide to us, no transmission over the Internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the Internet to us or our payment gateway.

If you are using a computer or terminal in a public location, we recommend for your own security that you always log out and close the website browser when you complete an online session. In addition we recommend that you take the following security measures to enhance your online safety:

• Keep your account passwords private. Remember, anybody who knows your password may access your account.
• When creating a password, use at least 6 characters. A combination of letters and numbers is best. Do not use dictionary words, your name, email address, or other personal data that can be easily obtained. We also recommend that you frequently change your password. You can do this by going to ‘My Account’ and clicking ‘Change Password'.
• Avoid using the same password for multiple online accounts.

We will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from jamesst.com.au asking you to do so, please ignore it and do not respond.

The Australian Government has published additional information about protecting yourself in online transactions. This is available at http://www.staysmartonline.gov.au/ (this website is not provided by us).

10. Viruses, Hacking and Other Offences

You must not misuse our Site by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

If we become aware that you have breached any law in connection with your use or access of our Site, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We do not represent that any information (including any file) obtained from or through our Site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. We will not be liableto you or to any other person for any loss or damage (whether direct, indirect, consequential or economic) however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information or due to your use of our Site or any website linked to our Site. To the extent that any liability may be imposed on us, to the extent permitted by law it shall be limited to the cost of re-supplying that information.

11. Disclaimers

• Nothing in our Site constitutes an offer of securities, an invitation to subscribe for securities, an offer to enter into any legal agreement or exercise any rights in relation to the offering of any financial product.
• We, any of our related entities, and any of our or our related entities’ directors, officers and employees accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on our Site. Any reference to products or services on our Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by us.
• Our Site provides information only and does not contain any advice about any product or service to which it refers.

12. Confidentiality

Other than personal information provided for the purposes of registration which is then subject to our Privacy Policy (available on our Site):

• You should not send any information or material that you consider to be confidential or proprietary to us or any other person through our Site.
• Any information or material sent to us at, or through our Site, is deemed to be not confidential.
• By providing such information, you grant to us an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through our Site.

13. Privacy

By:

• accessing our Site; or
• otherwise providing any personal information to us;

you agree to the terms of our Privacy Policy on our Site.

By providing any such personal data or other information you agree to the terms of our Privacy Policy and in particular you agree that we can collect, hold, use and disclose your personal information in the following ways:

• for the purpose of and incidental to your use of our Site, including facilitating the completion of orders through our Site and other uses and disclosures we required to operate our Site;
• for the purposes of providing you with news and information about our events, activities and promotions, both in relation to the James Street precinct, our Participating Retailers and as part of our other activities; and
• for other purposes to which you consent (expressly or otherwise).

14. Relevant Parties

Any indemnity, agreement, representation or promise provided by you to us as set out in these Terms and Conditions shall be taken as being also provided by you to our and any of our related entities’ employees, officers, agents, directors and shareholders.

15. Waiver

If we fail at any time to insist upon the strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them:

• this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations;
• A waiver by us of any default shall not constitute a waiver of any subsequent default; and
• No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

16. Severability

If any of these Terms and Conditions 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.

17. Applicable Law and Jurisdiction

• These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the state of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Queensland, Australia except, if you are a retail consumer, to the extent that proceeding at that jurisdiction presents an unfair hardship due to your location in another state.
• If you access our Site from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Site.

18. Alterations to Terms and Conditions

• We may revise or alter these Terms and Conditions at any time without prior notice. Revisions and alterations will be posted on our Site.
• To the extent permitted by any relevant Australian law, You are responsible for reviewing our Site from time to time to ensure compliance.
• If we make a request to you to stop using our Site or to promptly return or destroy copies of information provided on our Site, you must immediately comply with that request, and confirm in writing to us within five (5) business days after that request, that you have done so.

19. Complaints and Dispute Resolution

• You can contact us on (07) 3850 0111 Monday – Friday 9:00AM – 5:00PM AEST or by email to info@jamesst.com.au.
• Complaints about our Site or any Gift Cards provided through our Site, must be made either by telephone or email and will be dealt with in compliance with Australian Standard AS/NZS 10002:2014 Guidelines for complaint management in organizations.
• Complaints about a specific Participating Retailer must be directed to the Participating Retailer concerned via the contact details provided on our Site.

20. Entire Agreement

These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us and to the extent permitted by Australian law supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.