Terms and Conditions

1. Membership

1.1

Welcome to the www.theadventuresoflittlejames.com website (Website). The following terms and conditions (Terms) as set out below will apply to all services provided by The Adventures of Little James (ABN 44 563 738 919) ABN (Little James), including but not limited to the Website, Social Media pages and products sold on the Website (the Services). In these terms and conditions, “we” “us” and “our” refers to Little James.

1.2

We may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Website. Your subsequent or continued use of the Services will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Services.

1.3

Access to the Website is available to all users. However, in order to access some of the Services, you must create an account. Creating an account on the Website is free.

1.4

To create an account, you must complete registration by providing certain information as set out on our account/registration page.  Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

1.5

You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

1.6

On registration, you will become a member (Member) of the Website and have access to the Services. You are responsible for maintaining the confidentiality of any passwords associated with your account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (including unauthorised use of your credit card).

1.7

We reserve the right to terminate your account at any time if you breach these Terms including if we believe you are abusing the Services in any way.

1.8

You must not use the Services:

  • in breach of any applicable laws or regulations;
  • to transmit (or authorise the transmission of) junk mail, chain letters, unsolicited emails, instant messaging, or spam;
  • to impersonate any person or entity;
  • to solicit money, passwords or personal information from any person;
  • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  • for any unlawful purpose.
1.9

You must not use the Services to (or attempt to) upload, post, transmit or otherwise make available any text, illustrations, photos, audio, video, or any other material (Material) that: 

  • is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
  • contains, promotes, or provides information about unlawful activities or conduct;
  • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • includes an image or personal information of another person or persons unless you have their consent;
  • poses or creates a privacy or security risk to any person;
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; or
  • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
1.10

By uploading, transmitting, posting or otherwise making available any Material via the Website, You:

  • grant Little James a non-exclusive, worldwide, royalty-free, transferable, perpetual licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
  • warrant that you have the right to grant the abovementioned licences;
  • warrant that the Material does not breach the Terms; and
  • unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material. 
1.11

We reserve the right (but have no obligation) to:

  • review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
  • monitor use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request. 
1.12

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Website simply by facilitating others to post, transmit or otherwise make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. 

1.13

You acknowledge that Little James reserves the right to refuse service and or access to its Services to anyone for any reason whatsoever.

1.14

Our Services are provided to people over the age of thirteen (13) years. By proceeding to purchase through our website, you acknowledge that you are over 13 years of age. 

2. Ordering Products on the website

2.1

You may order products by selecting and submitting your order through the Website in accordance with these Terms.

2.2

Any order placed through this Website for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

2.3

All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current and we reserve the right to amend our prices at any time. 

2.4

We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Website.

2.5

You agree to provide us with current, complete and accurate details when asked to do so by the Website.

2.6

In certain circumstances, we may need to reject your order. This may happen where the requested product is not available or if there is an error in the price or the product description posted on the Website.

2.7

If we reject an order, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

2.8

Each order placed for products through the Website that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:

  • supply the Products in that order to you in accordance with these Terms; and
  • provide you with an email confirmation of that order.
2.9

The total amount of your order is to be paid at the time of ordering. Little James does not accept deposits or part payments for the purchase of any products. 

2.10

Little James uses the PayPal service for transactions on the Website. You will be bound by the terms, conditions, and fees described on the PayPal website in addition to these Terms. Please note that we do not store your credit card information on our server.

2.11

We will arrange postage of your goods using either Australia Post and/or a courier service. Postage fees will be calculated on total weight and need to be pre-paid and payable in addition to your order.

2.12

You must allow 3 – 8 business days shipping time within Australia and 7 – 25 business days internationally from the date of payment. If you have not received your goods after this period, please email us at sales [at] theadventuresoflittlejames.com.

2.13

All risk in the product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

2.14

No product will be accepted as returned if it is not in its original packaging and intact.

2.15

Refunds and replacements will only be issued to the extent required by the Australian Consumer Law.

3. Third Party websites

3.1

Our Services may link to third party websites which are not owned or operated by Little James. We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We recommend that you investigate these sites own terms and conditions.

4. Limitation of Liability

4.1

You acknowledge that Little James will not be subject to, nor incur, and release Little James from, any loss, claim, action, or liability for consequential loss or damage to you or any third party, including any loss of business, revenue, profits, non delivery, conduct or things done, permitted or omitted in relation to providing of the Services including but not limited to by use of the Website.

4.2

You acknowledge that to the extent permitted by law (including the Australian Consumer Law) Little James’ liability is strictly limited to the provision of the Services again or the payment of the cost of having the relevant Services being provided again at the option of Little James.

4.3

You acknowledge that any statement made by Little James in relation to the characteristics and potential application of the Services are made in good faith to assist you and Little James will not be bound or held to those representations whatsoever.

5. Warranties and Disclaimer

5.1

You acknowledge that Little James does not represent or warrant that the Services are free from: 

  • any omission, error or inaccuracy in information provided on or through the Website, including information provided by third parties;
  • downtime or periods where the Website is unavailable or failure in whole or in part, of any function on the site to perform any actions; or
  • any unauthorised access to the Website or the information retained on the Website.
5.2

The information as contained on the Website is provided on an as is basis with no warranty express or otherwise implied relating to the accuracy, fitness for purpose, compatibility or warranty as to their security.

6. Indemnity

6.1

You indemnify and will at all times keep Little James indemnified against any action, claim, suit or demand, including a claim, suit or demand for or liability to pay compensation or damages and costs or expenses arising out of or in respect of any breach of any use of the  Services.

7. Intellectual Property

7.1

You acknowledge that all intellectual property of Little James such as trademarks, trade names, patents, registered designs and any other form of intellectual property rights derived from aesthetics or functionality of the Services or any other material as may be provided by Little James remains the property of Little James.

7.2

You warrant that we are entitled to use any intellectual property uploaded by you in relation to the Services, including content provided to Little James to display on the Website. 

7.3

You indemnify and will at all times keep Little James indemnified against any action, claim, suit or demand, including a claim, suit or demand for or liability to pay compensation or damages and costs or expenses arising out of or in respect of any breach of any third party's intellectual property rights.

7.4

You must immediately notify Little James of any claim, demand, threat or notice of proceedings against the Member relating to any breach of intellectual property rights.

8. Privacy Policy

8.1

We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. We do not warrant or represent that the Website or the Services will not be subject to unauthorised access

8.2

Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page. 

9. General

9.1

These Terms are the complete and conclusive statement of the agreement between you and Little James and supersede all other proposals, statements, conduct, representations and prior agreements, whether oral or written, between the parties in relation to the Services provided by Little James to You. These Terms may not be varied, amended, waived, altered, supplemented, modified or added to, without the express written agreement of Little James.

9.2

If any of the provisions set out in these Terms are determined to be void or unenforceable then that provision must be read down to avoid that result or if the provision cannot be read down then it must be severed and the rest of the Agreement will remain in full force and affect.

9.3

The failure of Little James to enforce any provision of these Terms at any time or for any period of time will not be construed to be a waiver of such provision or of the rights of Little James to enforce each and every provision of these Terms. A waiver of a power or right will be ineffective unless in writing and executed by Little James.

9.4

These Terms shall take effect and be construed in all respects in accordance with the laws of the State of New South Wales, Australia. The parties irrevocably submit to the jurisdiction of the State of New South Wales for all proceedings arising in connection with these Terms.