Terms and Conditions
John Barry Sales Website
Terms of Use and Privacy Policy
Terms of Use
Last updated: 5 November 2010
Introduction and your agreement to these Terms of Use :-
Welcome to the John Barry Sales website (this "Website"). This Website is owned and operated by John Barry Group Pty Ltd (JBG), an Australian proprietary company limited by shares with Australian Business Number 24 000 599 262.
These terms and conditions of use (these "Terms of Use") are deemed to incorporate this Website’s privacy policy (the “Privacy Policy”), which is available on this Website and which you should read together with these Terms of Use. The provisions of the Privacy Policy apply as if set out in full in these Terms of Use.
These Terms of Use govern your access to and use of this Website, including any data, information, content or materials that are located on, form part of or that are available through or in connection with this Website (the “Website Material”). By accessing or using this Website you are deemed to agree to these Terms of Use. If you do not agree to these Terms Use, you must immediately exit and not access or use this Website or the Website Material.
Panavision Conditions of Business :-
Any order for the purchase or hire of goods or services placed by you through this Website is subject to and governed by the Panavision Conditions of Business available at http://www.johnbarry.com.au/index.php?pagetype=terms.
Any order placed by you through this Website constitutes and is deemed to be an 'Order' for the purposes of the Panavision Conditions of Business.
Changes to these Terms of Use :-
JBG may from time to time (with or without notice to you) amend or update these Terms of Use at its sole discretion. Accordingly, you should ensure that you regularly review them. The Terms of Use applicable to your access to and use of this Website is the current version displayed on this Website at the time you access or use this Website. By continuing to access or use this Website after such changes, you are deemed to agree to be bound by such changes.
Different types of Users :-
Subject to these Terms of Use, any person may access or use this Website via the internet without registering with or disclosing any personally identifying information to JBG (an “Unregistered User”). To make full use of the functionality of this Website, a person will need to register with JBG (a "Registered User"). JBG may refuse any request for registration. Unregistered Users and Registered Users are referred to collectively in these Terms of Use as “Users”. JBG may make varying levels of functionality available to different Users, depending on whether they are Unregistered Users or Registered Users.
Registration :-
If you wish to become a Registered User, you must provide JBG with certain true and correct information about yourself (the “User Registration Information”), as requested by the relevant registration page on this Website. Information requested may include your login user name and password, email address, name, title, date of birth, home address, postcode, country of residence, and telephone numbers. You must promptly notify and update JBG if any of your User Registration Information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to JBG contacting you via such means.
Use of the Website Material:-
JBG grants you a revocable, non-exclusive, non-transferable, non-sublicensable, personal licence to download and use the Website Material solely in accordance with these Terms of Use.
The Website Material and Services are provided to you as a general guide only and must not be relied on by you or any other person as a substitute for appropriate detailed advice tailored to your specific circumstances.
Intellectual Property Rights :-
All intellectual property rights (including copyright, patents, database rights and trade mark rights) subsisting in, relating to or arising out this Website or the Website Material are owned by and vest in JBG (or its licensors). You acknowledge and agree these Terms of Use do not transfer any right, title or interest in JBG’s (or its licensors’) intellectual property rights to you.
Submitted Materials :-
This Website may allow Users to submit or post data, information, content and materials (“User Material”) to this Website and/or JBG, for access and use by other Users and/or JBG. (References in these Terms of Use to “User Material” do not include any User Registration Information, which is treated separately to User Material.) JBG does not systematically review User Material submitted by Users and is not responsible for the form or content of any User Material
If you choose to submit or post User Material, you must own or have the right to submit or post that User Material and it must not: (i) infringe any intellectual property right (including copyright, patent, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including JBG and its representatives) or to misrepresent your identity or affiliation with any person; (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct which would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate; or (v) except with JBG's prior written consent, advertise any product or service or solicit any business.
You agree that JBG may: (i) edit or delete your User Material; (ii) link your User Material to other material, including User Material submitted by other Users or material created by JBG and/or other third parties; (iii) use your User Material for its business purposes, including to promote, market or advertise this Website and JBG; and (iv) directly or indirectly commercially benefit from your User Material.
JBG does not claim any ownership rights in your User Material, however, by submitting User Material you are deemed to grant JBG an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to download, use, modify, distribute, copy, reproduce in a material form, publish, perform or cause to be heard or seen in public, communicate to the public, make an adaptation of and enter into a commercial rental arrangement in respect of that User Material.
Prohibited activities :-
You must not submit, post, upload, email or otherwise send or transmit to this Website, JBG, any User or any other person anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Website. You must not interfere with this Website or the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of this Website or any networks connected to this Website. You must not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.
Linking and framing/embedding :-
You must not (and must not allow or authorise) linking to this Website from any other website or location on the internet or otherwise, except where such linking is to the home page of this Website located at www.johnbarry.com.au.
You must not (and must not allow or authorise) the framing or embedding of all or any part of this Website on or in any other website or location on the internet or otherwise, under any circumstances.
Confidentiality of user name and password :-
If you are a Registered User, you must not disclose your login user name or password for this Website to any other person. If such disclosure has or you believe that such disclosure may have occurred (whether intentionally or accidentally), then you must immediately inform JBG. To the extent that the functionality of this Website does not already require Users to do so, you must change your password regularly (and, in any event, at least once per month).
Cessation of services :-
JBG may (with or without notice to you) modify, restrict, prevent or withdraw your access to or use of this Website or the Website Material for any reason whatsoever or for no reason, including where JBG believes that you are in breach of these Terms of Use.
Indemnity by you :-
You must indemnify and hold harmless JBG (and its officers, employees and representatives) against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by JBG (or its officers, employees and representatives) as a result of your breach of these Terms of Use or any violation by you of any laws or the rights of any person.
Other websites :-
JBG is not responsible for the policies and practices of websites operated by persons other than JBG, even if: (i) you access them using links on this Website; or (ii) are directed or link to this Website using links on such websites, and recommends that you carefully review the terms and conditions of use and privacy policy of every website you access or use.
Changes to this Website :-
JBG may (with or without notice to you) make changes to this Website and the Website Material.
Availability of this Website :-
This Website and the Website Material are provided on an “as available” basis and JBG shall not be liable if this Website, the Website Material or the services are unavailable for any period. JBG may (with or without notice to you) temporarily suspend access to this Website, the Website Material or indefinitely close down this Website at any time. JBG does not represent, warrant or undertake that this Website or the Website Material will be error, defect, “bug” or “virus” free.
Accuracy of this Website :-
This Website and the Website Materials are provided on an “as is” basis and JBG makes no representations, warranties or undertakings with respect to this Website or the Website Material, including as to the currency, accuracy or completeness of this Website or the Website Material.
Errors and Corrections :-
Due to the nature of this Website, it is possible that there may be errors in the Website Materials from time to time. JBG reserves the right to correct any error contained in the Website Material and, in the event of a User is charged incorrectly for the purchase of or hire of goods or services, JBG reserves the right to charge the User the correct amount.
Disclaimer :-
Except to the extent that the same may not be excluded or limited as a matter of applicable law, JBG excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) to the fullest extent permitted by applicable law (including any implied representations, warranties, terms or conditions that this Website or the Website Material are of satisfactory quality or fit for their purpose).
Limitation of liability :-
Except to the extent that the same may not be excluded or limited as a matter of applicable law, JBG is not liable for any loss or damage, however caused (including, but not limited to, by the negligence of JBG), suffered by you or any other person under or in connection with these Terms of Use or your access to or use of this Website or the Website Material.
Force majeure :-
JBG will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of this Website or the Website Material or any delay or other failure by JBG to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond JBG’s control.
Assignment :-
You must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. JBG may assign, transfer, sub-contract or otherwise dispose of any or all of JBG’s rights and/or obligations under these Terms of Use.
Entire agreement :-
These Terms of Use, together with any additional terms and conditions or usage rules set out or referred to on this Website from time to time (including the Panavision Conditions of Business), constitutes the whole agreement between you and JBG relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.
Rights cumulative :-
The rights, powers, privileges and remedies provided under any provision of these Terms of Use are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms of Use or by applicable law or otherwise (including under any other agreement between you and JBG (such as the Panavision Conditions of Business).
Waiver :-
No failure to exercise nor any delay in exercising by JBG of any right, power, privilege or remedy under these Terms of use shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
Invalidity :-
If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction shall not be affected.
Governing law :-
These Terms of Use shall be governed by, and construed in accordance with, the laws of New South Wales. You are deemed to submit to the non-exclusive jurisdiction of the courts of New South Wales.
Interpretation :-
In these Terms of Use, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Use.
Contacting JBG :-
All correspondence to JBG, including any queries you may have regarding this Website or these Terms of Use, should be sent to:
Email: info@johnbarry.com.au
Address: P.O. Box 199 Artarmon NSW 1570
Privacy Policy
Last updated: 5 November 2010
Introduction and your agreement to this Privacy Policy :-
Welcome to the John Barry Sales website (this "Website"). This Website is owned and operated by John Barry Group Pty Ltd (“JBG”), an Australian proprietary company limited by shares with Australian Business Number 24 000 599 262.
This privacy policy (“Privacy Policy”) is deemed to be incorporated into this Website’s terms and conditions of use (“Terms of Use”), which are available on this Website and which you should read together with this Privacy Policy. The provisions of the Terms of Use apply as if set out in full in this Privacy Policy.
The Terms of Use, including this Privacy Policy, govern your access to and use of this Website and the collection, use and disclosure of personal information (ie information or opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion) (the “Personal Information”) by JBG. By accessing or using this Website you are deemed to agree to the Terms of Use, including this Privacy Policy. If you do not agree to the Terms of Use or this Privacy Policy, you must immediately exit and not access or use this Website.
Capitalised terms used but not defined in this Privacy Policy have the meaning given to them in the Terms of Use.
Collection of Personal Information :-
JBG only collects Personal Information to the extent necessary for one or more of JBG’ functions or activities.
Personal Information collected by JBG may include: (i) User Registration Information provided by Users to JBG (which may include a User’s login user name and password, email address, name, title, date of birth, home address, postcode, country of residence and telephone numbers); (ii) any Personal Information Users volunteer while using this Website; and (iii) Personal Information about Users from other sources, such as public records or bodies or private organisations.
If you do not provide any requested Personal Information to JBG, JBG may not be able to provide you with access to and use of this Website or the Website Material, or JBG’s other products and services.
Cookies :-
JBG may place a “cookie” (a small text file) on any computer you use to access this Website, which, among other things, assists JBG in providing you with an easy-to-use Website. When you revisit this Website, the cookie will enable JBG to recognise you as a previous User. More information on cookies can generally be found in the “help” (or similar) section of your computer’s internet web browser.
Use of Personal Information :-
JBG may use (and you are deemed to consent to JBG using) your Personal Information: (i) for the purposes for which it is collected and for any related purposes, including: (a) to provide this Website and the Website Material to you; (b) to manage JBG’s relationship with you; and (c) to obtain professional, financial, technical, administrative or other advice and services in connection with the operation of JBG’s business; (ii) for direct marketing, including to provide you with information about: (a) this Website and the Website Materials; and (b) JBG’s other products and services; (iii) to provide you with information about products and services available from its affiliated entities; (iv) to provide you with information about products and services available from unrelated third party entities; (v) to investigate, prevent or take action regarding any breach or suspected breach by you of the Terms of Use or any law or the rights of any person; and (vi) as required or authorised by or under law, and for any other purpose to which you subsequently consent from time to time.
Disclosure of Personal Information :-
JBG may disclose (and you are deemed to consent to JBG disclosing) your Personal Information: (i) for the purposes for which it is collected and for any related purposes, including: (a) to any person where necessary or desirable in connection with the provision of this Website and the Website Materials to you; (b) to any person where necessary or desirable in connection with the management of JBG’s relationship with you; and (c) to JBG’s external advisors, service providers, subcontractors and suppliers, so that they can provide professional, financial, technical, administrative or other advice and services in connection with the operation of JBG’s business; (ii) to its affiliated entities for the purpose of such affiliated entities contacting you about their products and services; (iii) to unrelated third party entities for the purpose of such entities contacting you about their products and services; (iv) to any person who acquires or expresses an interest in acquiring all or any part of JBG’s business; (v) to any person where necessary or desirable in connection with JBG investigating, preventing or taking action regarding any breach or suspected breach by you of the Terms of Use or any law or the rights of any person; and (vi) to any person as required or authorised by or under law, and to any other person to whom you subsequently consent from time to time.
Trans-border data flows :-
JBG may transfer (and you are deemed to consent to JBG transferring) your Personal Information outside of Australia: (i) where JBG reasonably believes that the person who will receive your Personal Information is subject to effective data protection obligations; (ii) where the transfer is necessary for the performance of any contract between you and JBG or for the implementation of pre-contractual measures; (iii) where the transfer is for your benefit and it is impractical for JBG to obtain your consent, but if it were practical you would be likely to consent; and (iv) as required or authorised by or under law, and where you subsequently consent from time to time.
Data quality :-
JBG takes reasonable steps to make sure that the Personal Information that JBG collects, uses or discloses is accurate, complete and up to date.
Security :-
JBG takes reasonable steps to protect the Personal Information that JBG holds from misuse and loss and from unauthorised access, modification or disclosure. JBG takes reasonable steps to destroy or permanently de-identify any Personal Information that is no longer needed for any purpose.
Access to and correction of your Personal Information :-
You may (free of charge) request that JBG confirm whether it holds any Personal Information about you and, where applicable, request that JBG provide you with a copy of your Personal Information. Where JBG agrees to provide you with a copy of your Personal Information, the provision of such Personal Information is subject to the payment of a $20 administrative charge by you. JBG will require adequate proof of your identity before disclosing any Personal Information to you.
If you are able to establish that your Personal Information is not accurate, complete or up to date, JBG will take reasonable steps to correct such Personal Information so that it is accurate, complete and up to date. If you and JBG are unable to agree about whether your Personal Information is accurate, complete and up to date and you request that JBG associate with your Personal Information a statement claiming that such Personal Information is not accurate, complete or up to date, JBG will take reasonable steps to do so.
JBG may refuse to provide you with a copy of or to correct your Personal Information in certain circumstances, but will provide you with reasons for its refusal to do so.
Contacting JBG :-
All correspondence to JBG, including any queries you may have regarding your use of this Website or this Privacy Policy, should be sent to:
Email: info@johnbarry.com.au
Address: P.O. Box 199 Artarmon NSW 1570
