Jones-Hope Holdings Pty Ltd T/as Just Jump Skydive

A.B.N 26 122 293 234

Terms and Conditions of sale + extra legal considerations

Introduction

Welcome to justjumpskydive.com.au and thank you for shopping with us.

These Terms and Conditions govern the use of justjumpskydive.com.au ("the website") and the purchase of any goods from it. The website is owned and operated by Jones-Hope Holdings Pty Ltd T/as Just Jump Skydive hereafter abbreviated as JHH (ABN 26 122 293 234).

If you need more assistance you can always contact our Customer Service team on (02)4322 9884 within Australia or (61 2) 4322-9884 Internationally between 9am - 5pm AEST Monday to Friday (excluding public holidays), or email bookings@justjumpskydive.com.au

In addition to these terms and conditions any client of skydiving services ( ie partaking in any skydiving activity with JHH) will also be required to agree to and sign service indemnity forms prior to participation. A copy of these indemnity forms can be requested and sent via email by contacting bookings@justjumpskydive.com.au.

Acknowledgment and acceptance of Terms and Conditions

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). JHH reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

Limitation of Liability

Any liability of JHH or JHH's Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election and sole discretion of JHH be limited to:

1. In relation to goods, the replacement or repair of the goods, or the supply of equivalent goods.

Disclaimer

The information contained on the website is provided by JHH in good faith. To the best of JHH's knowledge, the information is accurate and current. However, JHH and its related bodies corporate, any of their directors, officers, employees, consultants, sub contractors, shareholders or suppliers ("JHH's Associates") do not make any representation or warranty as to the accuracy or completeness of the information.

To the fullest extent permitted by applicable law, JHH disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. JHH makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.

You expressly acknowledge and agree that JHH does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and JHH is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", JHH will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

Copyright

Copyright of the justjumpskydive.com.au website is property of JHH. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of JHH and third parties. This property may only be used for the purposes of browsing the justjumpskydive.com.au website and acquiring goods and services from johnmorris.com.au.

Applicable Law

These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts.

Information Provided by You

If you purchase goods and services from justjumpskydive.com.au  we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide JHH with current, complete and accurate customer information when asked to do so by the website or an employee of JHH.

Customer Reviews

Some product pages contain the ability for end users to write reviews on products offered through this web site. JHH is not responsible for the content of these sections. JHH reserves the right to remove any remarks which are deemed as defamatory, rude or not in keeping with the company policy.

Virus Warning

All care is taken to ensure that justjumpskydive.com.au website and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses

Privacy

We treat all customer information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions:

Privacy Policy

At justjumpskydive.com.au, we would like to assure you that we take your information and privacy very seriously. JHH complies with the National Privacy Principles set out in the Privacy Amendment (Private Sector) Act 2000 regarding the collection, use and disclosure of personal or sensitive information. The following is a description of what we do and don't do with your details.

JHH collects the following information for the following primary purposes:

1. Customer name, address, contact details, Credit card details, ABN/GST registration(if applicable) for the purpose of facilitating  goods/services  purchased .
2. Customer name, address and contact details for the purposes of providing, when requested by a customer, product catalogues, client offers or any other publications of JHH.

JMS complies with the National Privacy Principles(NPP) set out in the Privacy Amendment (Private Sector) Act 2000:

NPP1 Collection of personal information is only collected

1. If a customer of justjumpskydive.com.au applies to purchase a product/service from our site or directly from JHH or its agents
2. If a customer requests to receive future product catalogues or any other publications of JHH or its affiliates
3. By lawful and fair means and not unreasonably obtrusively; and
4. Where practicable, only from the individual concerned

At the time of collection of information JHH takes reasonable steps to ensure the individual is aware of:

1. The likely use of the information
2. The right of access to the information
3. The identity and contact details of the organization
4. Any law requiring collection of the information; and
5. The main consequences of failure to provide the information.

NPP 2 Use and Disclosure of personal information

JHH discloses personal information:

1. For the primary purpose for which it was collected; or
2. Where the individual would reasonably expect this; or
3. Where the individual has consented; or
4. For direct marketing by JHH and gives individuals the opportunity to opt out of direct marketing.

JHH includes its contact details in any direct marketing.

JHH uses personal information that it collects to provide further information to customers about websites and services that JHH considers may be of interest to customers;

1. For verification of a customer’s identity and in assisting customers in circumstances such as when a customer may require information about their transaction with JHH.
2. In assisting to provide services requested by customers;
3. For marketing and promotional purposes, including direct marketing, market research and surveys;
4. For any further uses authorised by customers.

If JHH’s collection, use or disclosure of a customer’s personal information is outside the use of disclosure that is set out in this Privacy Policy, JHH will provide the customer with the option to opt out or not receive certain services or participate in certain areas.

JHH also gives customers the option to agree to be contacted by JHH in relation to notification of new features to its website or for promotional activities.

NPP 3 Data quality

JHH takes steps to ensure information is accurate and up-to-date by updating its records whenever changes to the data come to its attention. JHH disregards information which seems likely to be inaccurate or out of date by reason of the time which has elapsed since it was collected or by reason of any other information in its possession.

NPP 4 Data security

JHH protects personal information from misuse or loss by restricting access to the information in electronic format and by appropriate physical and communications security.

Any data destroyed is disposed of in a manner which protects the privacy of information in an appropriate manner.

NPP 5 Access and correction

JHH acknowledges that individuals have a general right of access to information concerning them, and to have inaccurate information corrected.

NPP 6 Use of Government identifiers

JHH does not use government identifiers other than ABNs to identify individuals(if applicable).

NPP 7 Trans-border data flows

JHH does not send personal information outside Australia.

NPP 8 Collection of sensitive information

JHH does not collect sensitive information (personal information about an individual’ s racial or ethnic origin, political opinions or membership of a political association, religious beliefs or affiliations, or beliefs, membership of a trade union, sexual preference or practices, criminal record, or health information.).

Information you provide us

For JHH to process your order, we need information such as your name, email, contact number, delivery address and payment details. Other information will also be collected with your permission from time to time. This will normally include preferences such as likes or dislikes.

Outside of information that you enter on the web site, we also receive and store certain types of information when you interact with justjumpskydive.com.au, this is provided through the use of Cookies.

What are Cookies?

Cookies are alphanumeric identifiers that are placed on your computer's hard drive through your web browser. Cookies enable our systems to recognise your browser and welcome you back to the Store. By disabling cookies, you will not be able to participate in some of the features offered by justjumpskydive.com.au

Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable or to warn you when cookies are used. As there are many browsers in the marketplace, the easiest way to change your settings is by searching for Cookies in your Help/Contents and Index option on your browser.

We recommend that you leave your Cookies enabled otherwise, you may not be able to shop with us. Our cookies don't send us back any information about your computer or any other information on your hard drive.

How do we use the information?

Information that you have provided us will be used in four ways:

1. To enhance your shopping experience
2. To communicate to you new products and services and also at times, the opportunity to take up special promotions or offers. You have the option to opt-out of this communication
3. To communicate issues or opportunities regarding the business or operations of JHH or any of its subsidiary organisations
4. To generate a holistic but anonymous view of the justjumpskydive.com.au customer base. This information will allow us to analyse trends and demographics to help justjumpskydive.com.au improve on the services provided

It is important to note that we send periodical communications to people who have "opted in" to receive email updates about products and special offers, and retain the right to inform our customers of changes in our business operations from time to time. We honour our clients' rights to privacy and do not send out "spam" to our members in any way.

Disclosing Your Information

Authorities

JHH will pass on any information relating to suspected fraudulent activity to appropriate authorities

Verification of Members

We do use various details to verify information given to us by our members. At times, we use:

1. Names on member accounts to compare with information on credit cards
2. We use member phone numbers and email addresses provided to us to communicate with customers about payments
3. We use member addresses to check against credit card billing addresses etc .

In cases where fraud or other crime is suspected, we do communicate with Police, Banks and other relevant authorities. Many of these checks are done manually and communication is handled carefully by a member of JHH's own Accounts team.

Other Privacy information you should be aware of

Sign out or close your browser once you have finished shopping within justjumpskydive.com.au. This is to ensure that others cannot access your personal information and correspondence.

If you share a computer with someone or are using a computer in a public place like a library or Internet café. You as an individual are responsible for the security of and access to your computer.

You are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet and justjumpskydive.com.au

Further Privacy information can be obtained on the Australian Privacy Commissioner's Web Site

Commercial In Confidence

JHH does not want you to send proprietary information which is important to your business operation via our web site or electronic communication mediums.

JHH reserves the right to change or amend this Privacy Policy at any time and will use its best endeavours to inform its customers of any amended Privacy Policy.

Product Information

Prices of goods and services, postage and handling fee, and other charges displayed on the justjumpskydive.com.au website are current at the time of display. These prices are subject to variation without notice.

We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

All photographs, weights, illustrations, dimensions and any other particulars presented on justjumpskydive.com.au or  contained in descriptive literature are approximate only and deviations there from shall not vitiate the contract or be made the basis of any claim made against the JHH.

Any representation, promise, statement or description from JHH or any employee, agent, dealer subcontractor or other person or company is expressly excluded and the purchaser acknowledges that he has relied solely upon his own inspection and skill and judgement and not by reason of any such representation, promise, statement or description.

Placing and Accepting Orders

Orders for goods will not be despatched until payment in full has been received and justjumpskydive.com.au is satisfied with the integrity of the order.

Orders for services and bookings will not be deemed valid until payment in full of the booking deposit and/or service cost has been received.

Without limiting the operation of any other Terms and Conditions herein, justjumpskydive.com.au is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

In Relation to Services supplied by JHH

The client acknowledges and accepts in relation to skydiving services offered by JHH that:

JHH is a Weekend operation only Advance bookings are essential.

Payments are non refundable non transferable.

Booking Reschedules – Min of 72 hours Notice required otherwise forfeit of monies paid.

Skydiving is a weather related sport, as safety is or main concern, please understand there are occasional delays or Cancellations.

Cancellations as a result of this are required to be rescheduled within a seven-day period otherwise forfeit of deposits paid.

After completion of paperwork on the day of the jump, if the passenger nominates not to jump for any reason payment in FULL will be forfeited.

All times quoted are arrival times only. Please be aware this is not a jump time.

Passengers should allow a minimum of a half a day. Safety is our first priority. Skydiving is not like a fun park ride. Air traffic control (ATC), weather, plane mechanics all can change in minutes and cause delays, change in aircraft used and exit heights

Spectators are welcome but PLEASE convey that this could be an all day activity.

Passengers over 95kg incur an excess weight fee of $50. Weight assessed at discretion of Tandem master.

Age min 14yrs. 14-18 yrs require parental or guardian consent. Guardians are required to be present on jump date.

Health restrictions apply. Passengers should always seek medical advice if concerned prior to making a booking or purchasing a gift voucher.

If these Conditions of Sale, which shall only be varied, modified or rescinded by written agreement (executed by JHH) shall differ in any respect from your order or JHH’s acceptances or confirmation, then these Conditions of Sale shall prevail.

If by any reason of any legislation, government action or other cause beyond JHH’s control, any tax, impost, levy, charge, duty or expenditure of any kind, which is not at present chargeable or applicable, is imposed becomes payable or applicable, or is incurred upon, to, or in respect of the goods hereby sold, it will be to your account and/or chargeable to the purchaser by JHH.

Cancellation by Us

We reserve the right not to provide goods or services,  remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

JHH will not be responsible nor will it be reason for the purchaser to cancel their booking if operations are delayed or cancelled by JHH on a particular operational day due to unsuitable weather or any other operating parameter that may prevent JHH operating normally.

Cancellation by You

If you need to cancel an order, please contact us immediately

Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

JHH reserves the right to apply a restocking fee of $25.00 or 20% of invoice value (whichever is greater) for goods returned that have resulted from an error in purchasing by the Purchaser.

If the purchaser cancels a service booking (ie Tandem Skydive) or fails to present themselves at the allocated booking time. JHH reserves the right to withhold the deposit monies paid or $100 per jumper which ever is the greater amount.

Delivery

It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

It is the responsibility of the customer to inform justjumpskydive.com.au if an order does not arrive. Once we learn an order has not arrived, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

If for any cause beyond JHH’s control, including but without limiting any act of God, war, strike, lockout, industrial dispute, governmental or semi-governmental award, enacted, priority or restriction, fire, flood, storm or tempest, delay in obtaining licenses, transport, labour or materials, accidents, damage to the JHH’s works or business or those of its suppliers, JHH is prevented from making delivery or performance at the time stipulated, JJMS shall be entitled at its option either to extend the time for delivery or performance for a reasonable period or to determine the contract, and the Purchaser shall not in consequence in either case have any claim for damages and shall pay for all deliveries made or services performed prior to the date of such determination and all expenses incurred and monies paid by JHH in connection with the contract.

Unless otherwise specified, you agree that the goods shall be at your sole risk from the point of delivery.

Goods Damaged or Faulty on Delivery

As an acceptance of our terms we require you to inspect all purchases immediately on the arrival thereof and shall, within seven (7) days from such inspection, give notice in writing to JHH of any matter or thing by reason whereof he may allege that the goods are not in accordance with the contract. If you fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract.

In the event that you receive a defective or damaged product, we will either refund the original product price via the original method of payment or despatch you a replacement item (subject to availability) once we receive the defective item, at our cost.

Please note that all products that are found to be non-defective will incur the postage and handling fee of returning the item to justjumpskydive.com.au.

Except where required by law, you must return damaged goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient's responsibility to follow warranty instructions as stated on the product warranty card as specified by the manufacturer.

JHH hereby agree that, to the extent permitted by law, in the event of any loss, damage or claim arising out of a breach of one or more of the consumer warranties and/or JHH’s Warranty, the liability of JHH is limited to, at the option of the JHH, the repair or replacement of the goods or the cost of such repair or replacement or, in the case of service, to the supplying of the services again.

Parts and labour for repair or replacement pursuant to the above shall be provided by JHH during normal working hours at our place of business and JMS shall have no liability for the cost of transportation of the goods to such place of business.

All rejected parts or defective parts shall be the property of JHH to dispose of as it sees fit.

Promotions and Competitions

Other Terms and Conditions not listed herein and applying to justjumpskydive.com.au promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.

Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.

Release and Indemnity

You agree to waive any and all claims that you now have or may have in the future against JHH and JHH's Associates which relate to or are incidental to any transaction.

You agree to indemnify and hold JHH harmless from and against any and all claims, loss or expense that may be incurred by JHH or JHH's Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or

instituting or defending any action or legal proceeding.

You further agree to indemnify and hold JHH and JHH's Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.

Competition

When you register for our monthly competition you agree to receive email promotions and offers via email. You may unsubscribe at any time by contacting bookings@justjumpskydive.com.au or calling our head office on 02 4322 9884. Your details will be kept confidential at all times, and never sold or shared with any other entity. Winners will be notified by email and posted on the website each month. For more information contact us