Welcome to the Jagged Edge Web Site. This site is owned and operated by ESG Pty Ltd ("ESG"), ABN 69 092 940 291, with a registered office in Victoria, Australia.
Please review the following terms & conditions which are our 'Terms of Use' and govern your use of and purchase of products from our site.
By accessing, browsing, or using this site, you acknowledge that you have read, understood, and agree to be bound by these 'Terms of Use' . If you do not agree to these 'Terms of Use' , then please do not use this site.
Governing Law
ESG controls and operates this site from it's office in Victoria, Australia. These 'Terms of Use' are governed by the laws of the State of Victoria. You and ESG agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria. If you choose to access this site from a location other than Victoria, you are responsible for compliance with applicable local laws.
Revisions to Terms of Use
ESG may revise or amend these 'Terms of Use' at any time in it's absolute discretion by posting revised terms. You agree that, in the event that any portion of these 'Terms of Use' is found to be unenforceable, the remainder of these 'Terms of Use' remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by these 'Terms of Use' as so revised. You should therefore periodically visit this page to determine the then-current 'Terms of Use' to which you are bound.
Site Contents, Ownership, And Use Restrictions
The designs and material on this site is protected by copyright under the laws of Australia and, through international treaties, other countries.
Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support, this site, including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved, by ESG.
Personal, non-commercial use
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:
(1) Placing an order with ESG; or
(2) Using this site as a shopping resource, provided that you do not modify the site and that ESG retains all copyright contained in the Contents.
You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these 'Terms of Use'.
Prohibited Conduct
You are not authorised, without the prior, written permission of ESG to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from, that content.
No trade mark (whether registered or otherwise) that is contained on this site or otherwise used by ESG may be used without our prior, specific, written permission.
Please note that the permission granted to use material on the site terminates automatically if you breach any of these 'Terms of Use'.
We can use your feedback
You grant ESG an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in your transmission for any purpose and without restriction or compensation.
Periodic emails from ESG
All subscribing customers will be sent periodice emails from ESG about new products and promotions. If you do not want to receive these emails then please do not subscribe. If you subscribe and then request to be removed from our email register we will delete you as a subscribing user. You can always re-subscribe in the future if you wish to receive emails relating to new products and promotions.
User conduct and indemnity
General prohibitions
You must not up-load, post, transmit or otherwise make available through the site any material which:
- violates or infringes the rights of others (including their privacy and intellectual property rights);
- is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
- restricts or inhibits any other user from using or enjoying the site;
- affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
- breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require ESG to take remedial action under any applicable industry code.
Indemnity
You agree to indemnify and will keep ESG indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by ESG in connection with your use of this site, your breach of these 'Terms of Use' or your breach of any rights of third parties.
BUYING PRODUCTS FROM OUR WEBSITE
Ordering Goods
Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation, prior to the goods being dispatched to you.
ESG may change the prices published on this website at any time. While every effort has been made to ensure the accuracy of prices and information displayed on the ESG website, ESG reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this site, or an error in your order.
We accept orders via the secure payment protocol used by this site from Australia and other countries. Orders are accepted on the basis that ESG receives funds through the ESG PayPal account. Our policies as to delivery and returns apply as set out in these 'Terms of Use' or as detailed in other sections of this website. Customers should also refer to the 'FAQs' section of this web site.
About our prices
All prices listed on this web site are inclusive of GST.
Prices displayed on this site are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice.
Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors on this site, including any such errors in relation to prices.
Payment
Please refer to the "FAQs" page on this website for details of how and when you must pay for goods purchased on this website.
Delivery
All goods are, where possible, but not limited to, delivered by Australia Post 'Regular Post'. All prices as listed on this web site are inclusive of GST (for delivery within Australia). ESG will not guarantee delivery by a definite date as we are subject to the delivery schedules of Australia Post. If you require an urgent delivery you may wish to pay an additional fee, as outlined in the FAQs page of this website, to use Australia Post Express Post delivery service.
Return Policy
Please refer to ESG Return Policy page on this website for details of how and when goods purchased on this website may be returned to ESG.
In accordance with your Statutory rights required by law, with proof of purchase, a refund may be obtained if the product is defective.
Title and Risk
Title to the goods purchased on this site does not pass from ESG to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery.
Disclaimer of Liability
To the extent permitted by law, ESG will not be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:
(a) the use, copying, or display of the contents of this site;
(b) goods or services supplied by
ESG under these 'Terms of Use', or
(c) a failure or omission on the part of
ESG to comply with its obligations under these 'Terms of Use'.
Disclaimer of Warranty
ESG is providing this site and it's contents on an “as is” basis and use of this site is at your own risk. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the site.
None of
ESG, it’s directors, officers, employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including nay non-excusable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site.
To the extent permitted by law,
ESG
expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.
Limitation of liability
Our total liability to you (if any) in connection with this site, or with these 'Terms of Use' or any goods or services supplied under them, will be limited, at our election, to:
- in the case of information or services supplied or offered by us - the re-supply of the information or services or payment of the cost of doing this;
- in the case of goods supplied or offered by us – replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; or
- the amount paid by you (if any)
Indemnity
You indemnify us, and our respective directors, officers, employees and agents, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered, or likely to be incurred or suffered, by you as a direct or indirect consequence of using this site.
Rights we cannot exclude
The above disclaimer, liability limitation and indemnity do not exclude any rights which by law may not be excluded.
Termination
Your ability to purchase goods from this site may be terminated by
ESG at any time without notice. All restrictions, granted by you and limitations of
ESG’s liability will survive termination
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