These terms and conditions (Terms) apply to all services offered by Salco Group Pty Ltd (ABN 42 004 320 898) trading as Salco Group (Salco). The services include the use of any of Jeff Bank’s online and/or mobile services, including the Jeff Bank’s Facebook, Twitter, Instagram, YouTube, Pinterest, Google+ social media pages and any other social media pages used by Jeff Banks from time to time (Social Media Pages), the website www.Jeffbanks.com.au (the Website), and software provided on or in connection with the services (the Services). In these Terms, "we" "us" and "our" refers to Salco and we refer to you as "you", "your" or the "User".
1. USING THE SERVICES
1.1 The User acknowledges that Salco reserves the right change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. Salco may temporarily or permanently suspend or terminate access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms.
1.2 Access to and use of password protected and/or secure areas of the Website are restricted to authorised Users only. Unauthorised individuals attempting to access these areas of the Website may be subject to prosecution.
1.3 The User 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) or do any activity that:
a. Is not your original work, or which in any way violates or infringes (or could
b. Contains any information or content that you know is not correct and current;
c. Contains, promotes, or provides information about unlawful activities or
d. Could harm, abuse, harass, stalk, threaten or could reasonably be expected
e. May create a risk of harm, loss, physical or mental injury, emotional distress,
f. May create a risk of any other loss or damage to any property;
g. May constitute or contribute to a crime or tort;
h. Includes an image or personal information of another person or persons
i. Impersonates any person or entity;
j. Poses or creates a privacy or security risk to any person;
k. Transmits (or authorise the transmission of) "junk mail," "chain letters,"
l. Solicits money, passwords or personal information from any person;
m. You know or suspect (or ought reasonably to have known or suspected) to be
n. Contains viruses, or other computer codes, files or programs designed to
o. Is in breach of any applicable laws or regulations.
1.4 By uploading, transmitting, posting or otherwise making available any Material via the Services, the User:
a. Grants Salco (and its successors’ and affiliates’) business a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, transferrable licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Material and your name, voice, and/or likeness as contained in your Material, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Salco’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
b. Warrants that you have the right to grant the abovementioned licences;
c. Warrants that the Material does not breach the Terms; and
d. Unconditionally waive all moral rights (as defined by the Copyright Act 1968)
1.5 Salco reserves the right (but have no obligation) to:
a. 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;
b. Monitor use of the Services 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; and
c. Monitor, disputes between you and other Users.
1.6 Salco reserves the right, in its sole discretion, to assert legal action with respect to Material or use of the Services that Salco reasonably believes is or might be in violation of these Terms or Salco Policies. Salco’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
1.7 Salco will not be responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Services or posted on a third party platform about Salco and/ or the Services by any User or any other person or third party 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 Services simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any User or any other person or entity other than us.
2. CUSTOMER ACCOUNTS
2.1 In order to access some of the Services provided on the Website, you must become a Customer by creating a Customer account (Customer Account).
2.2 Registering for a Customer Account on the Website is free.
2.4 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.
2.5 On registration of your Customer Account you will be provided with a password and username. You are solely responsible for the activity that occurs on your Customer Account (including unauthorised use of your credit card) and you must keep your account password secure.
2.6 You must notify Salco immediately of any breach of security or unauthorised use of your Customer Account. Salco will not be liable for any losses caused by any unauthorised use of your Customer Account. You are prohibited from using another Customer’s Customer Account without permission.
2.7 We reserve the right to terminate your Customer Account at any time.
2.8 From time to time Salco may offer special promotional offers which may or may not apply to your Customer Account. In addition to these Terms, you agree to be bound by any additional terms and conditions for these special offers.
3.2 By providing your email address to Salco you consent to our using the email address to contact you regarding changes to features of the Service and special offers and promotions. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
4. INTELLECTUAL PROPERTY
4.1 You acknowledge that Salco owns all right, title, and interest, including all intellectual property rights, in the Services including the trade name, logos, trademarks, and service marks, and any content, data, software, technology, tools, or business methods used by Salco to develop, promote, market, sell, generate, or distribute the Services and otherwise perform under these Terms (collectively the “Salco IP”), are the exclusive property of Salco and its licensors. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license, title or interest in or under any Salco IP, and you agree not to sell, license, rent, modify, distribute, transfer, download, display, copy, reproduce, transmit, publicly display, translate, reverse engineer, decompile or disassemble publicly perform, publish, adapt, edit or create derivative works from any Salco IP without the express written consent of Salco. Use of the Salco IP for any purpose not expressly permitted by these Terms is strictly prohibited.
4.2 You shall not use or display the Salco IP in any way that states or implies that Salco has endorsed or approved your products or services.
4.3 All goodwill and improved reputation in respect of and associated with the Salco IP will vest to the sole benefit of Salco.
4.4 You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Salco under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Salco does not waive any rights to use similar or related ideas previously known to Salco, or developed by its employees, or obtained from sources other than you.
4.5 Salco takes no responsibility and assumes no liability for any Material that you or any other User or third party posts or sends over the Services. You will be solely responsible for your Material and the consequences of posting or publishing it.
5. THIRD PARTY WEBSITES
5.1 Our Services may link to third party websites or resources which are not owned or operated by Salco. Because Salco has no control over such sites and resources, you acknowledge and agree that Salco is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Salco is not responsible for the terms and conditions pertaining to, these external sites. We recommend that you investigate these sites own terms and conditions.
5.2 You further acknowledge and agree that Salco shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
6. REPRESENTATIONS & WARRANTIES
6.1 The User represents and warrants that: (a) it will comply with all laws applicable to its obligations under these Terms; (b) any Material, including any representations made by the User do not and will not infringe, misappropriate, or otherwise violate any intellectual property right or right of any third party.
6.2 To the maximum extent permitted by law the Salco Services are provided “as is”, without any warranty of any kind, and on an “as available” basis. Salco makes no representations or warranties, express or implied, including without limitation any implied warranty that the Services are merchantable, of satisfactory quality, reliable, accurate, fit for a particular purpose, non-infringing or free of defects, errors or other harmful components or able to operate on an uninterrupted basis, or that the use of the Services by the User is in compliance with applicable laws or that information transmitted in connection with the Services will be successfully, accurately or securely transmitted.
6.3 Salco does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Services by any party other than Salco, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.
6.4 Other than as required under applicable consumer protection law, under no circumstance will Salco be liable for any loss or damage caused by a User's reliance on information obtained through the Services or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Services, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
7.1 The User, at your sole cost and expense, will defend, indemnify and hold Salco (its officers, directors, agents, subsidiaries and employees) harmless from and against any claims, lawsuits, demands, actions, proceedings or investigations from and against any fees, costs, sanctions, penalties, damages, losses or expenses (including but not limited to legal fees and costs) arising out of or relating to any of the following:
a. Your (i) fraud, willful misconduct, or negligence or (ii) breach or alleged breach of these Terms;
b. Your Material; or
c. Any infringement, misappropriation, or other violation, of any patent, trade mark, copyright, publicity, privacy, trade secret, or other right of any third party by you, your Material, or the use thereof.
8. LIMITATION OF LIABILITY
8.1 To the maximum extent permitted by applicable law Salco and its directors, officers, employees, partners, contractors, subsidiaries, agents, licensors, managers and affiliated companies will not be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if Salco has been advised on the possibility of such losses), that result from the use of, or inability to use, the Services.
8.2 Under no circumstances will Salco be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Services.
8.3 To the maximum extent permitted by applicable law, Salco assumes no liability or responsibility for:
a. Any errors, mistakes, or inaccuracies of content;
b. Any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services;
c. Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein;
d. Any interruption or cessation of transmission to or from the Services;
e. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party;
f. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or
g. Any Material or the defamatory, offensive, or illegal conduct of any third party.
9.1 Headings are for reference purposes only and do not limit the scope or extent of such section.
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 Terms will remain in full force and affect.
9.3 The failure of Salco 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 Salco to enforce each and every provision of these Terms.
9.4 These Terms are to be governed by and construed in accordance with the laws of Victoria. The User irrevocably consents to the exclusive jurisdiction of the courts of Victoria for purposes of any legal action arising out of or related to the use of the Services or these Terms.