Legal.

Website terms of use.

Welcome to http://www.rhysjamespcs.com (Website). The Website is operated by Rhys James Private Client Services (ABN 66 314 908 703) By using the Website, you agree to be bound by:

  1. the terms of use listed on this page;
  2. our Intellectual Property Policy; and
  3. our Privacy Statement (Terms)

Your use of the Website

This Website is for your personal use only. You may not, without our written permission:

  1. use for a commercial purpose;
  2. reformat or redisplay on another website; or
  3. embed, mirror or reproduce, the Website or any part of it.

2.2 No automated use

You may only access the Website using an ordinary internet browser. You may not use any tool or method to crawl, copy, data mine or syndicate the Website.

2.3 Prohibited usage

You must not:

  1. use or promote the Website in a manner that harms our reputation;
  2. frame any webpage of the Website;
  3. communicate unsolicited commercial electronic messages to other users of the Website by any means;
  4. modify or post information to the Website without our express written permission;
  5. tamper or interfere with the operation of the Website, or intentionally send us any damaging software (such as a virus); or
  6. attempt to do any of these things or permit another person to do any of these things.

3 Content of the Website.

3.1 Inaccuracies in the Website

We exercise reasonable care and skill in providing the Website. However, the information contained on the Website is provided ‘as is’ and without any warranties as to its accuracy, completeness, currency or suitability. You use this information at your own risk and should not rely on it for any reason.

3.2 Unavailability of the Website

The availability of this Website is subject to numerous factors beyond our control (such as software or hardware errors, network outages and transmission delays). Accordingly, we cannot guarantee that the availability of the Website will be continuous or uninterrupted.

3.3 Technical errors

There may be inaccuracies, errors or harmful code in the Website or its contents. Except as set out in clause 4.2, we are not liable to you in any way for loss or damage that the Website causes to you or your computing equipment.

3.4 Third party content

The Website may include information provided by third parties. That information may contain technical or substantive errors in its contents or expression. We take no responsibility for such content. 

4 Disclaimer and indemnity.

4.1 Exclusion of liability

Except as set out in clause 4.2, we exclude:

  1. all warranties (whether express, implied, statutory or otherwise), relating in any way to the Website or to your use of the Website; and
  2. all forms of liability to you or anyone else, in respect of any loss or damage (including special, indirect or consequential loss or damage) arising from, or in connection with, any use of the information on, or accessed through, the Website for any reason whatsoever. In particular, we exclude liability for any losses that result from your use of the Website in connection with the operation of a business.

4.2 Mandatory terms

Where a statute implies any term into these Terms, and the statute prohibits exclusion of that term, then that term is included. Our liability for breach of such a term is, to the extent permitted by the statute, limited to the resupply of the relevant information or links on the Website.

4.3 Your indemnity to us

You agree to indemnify us against all actions, claims, costs, demands, damages or liability arising from or in connection with a breach by you of these Terms.

5 Use of hyperlinks.

5.1 Inbound links

You are welcome to link to the homepage (http://www.rhysjames.com) of the Website (rhysjames.com), but you may not:

  1. link to any subpage or other resource than the homepage; or
  2. falsely represent or imply that:
    1. we sponsor, endorse or are affiliated with or related to any third party (including you) or product; or
    2. you provide, or are the source of, any goods or services provided by us.

5.2 Outbound links

We may include on the Website hyperlinks to websites operated by third parties. We are not responsible for and make no representations about those websites. Such hyperlinks do not indicate that we or our affiliates endorse the third party website or any products or services offered there. You access the third party website and use any of its products or services
at your own risk.

6 General.

6.1 Changes to these Terms

We may change the Terms at any time without notice to you. The changed Terms will apply from the date on which we post them on this website. You will be taken to agree to the updated Terms if you continue to use the Website.

6.2 Governing law

These Terms and any matter arising out of them or the Website are governed by the laws of Victoria, Australia. You submit to the jurisdiction of the courts of Victoria, Australia to hear and determine any dispute relating to or connected with those matters.

Intellectual property policy

1 Use of Trade Marks.

1.1 Our Trade Marks

The websites at http://www.rhysjames.com/ and www.rhysjamespcs.com (Website) contain a number of trade marks registered by Rhys James and Stacey James trading as Rhys James Private Client Services (ABN 66 314 908 703) (Rhys James, we, us, our), and trade marks which are the subject of pending applications or which are otherwise protected by law.

These trade marks include (but are not limited to):

  1. the trade mark Rhys James (Registered Trade Mark No. 1304772) in the name of Rhys James and Stacey James;
  2. a device trade mark consisting of a diamond shape in conjunction with the name ‘Rhys James’ (Registered Trade Mark No. 1316005) (Trade Marks).

1.2 No permission to use Trade Marks

You may not use or apply our Trade Marks or the name ‘Rhys James’ without our prior written consent. Your use of the Website does not create a licence or any other rights with respect to the Trade Marks.

2 Copyright Statement.

2.1 Protection of jewellery designs

The design of our jewellery, logos, Website and other products is protected by copyright law. We view any violation of our intellectual property rights seriously and reserve our rights to take action against any person who copies our designs without permission.

Except as set out below and permitted under the Copyright Act 1968 (Cth), you must not:

  1. reproduce or reuse;
  2. adapt or create derivative works from;
  3. communicate to the public, transmit, broadcast or perform; or
  4. sell, modify, publish or otherwise use, the Website or any part of it (including without limitation the images, names and descriptions of our jewellery designs and other products) for any purpose whatsoever.

2.2 No licence

Unless otherwise indicated, we own or use under licence, copyright in the contents and design of the Website. Your use of the Website does not create a licence or any other rights with respect to the copyright materials comprised by the Website, or any other intellectual property rights in the Website.

2.3 Private use

You may use the Website in an internet browser for your own private use and engage in incidental reproductions of the Website that are necessary and in the course of that use, provided that:

  1. you do not remove or modify any watermarks, copyright notices or other identifying information contained in the Website; and
  2. you do not distribute, reproduce or derive other works from the Website.

2.4 Designated Copyright Representative

We designate the following person as our copyright representative to receive notices issued under division 2AA of part V of the Copyright Act 1968 (Cth) and part 3A of the Copyright Regulations 1969 (Cth) in relation to the Website:

Designated Copyright Representative
Stacey James
enquiry@rhysjames.com

Postal address:
Rhys James Private Client Services
Level 50, 120 Collins Street
Melbourne VIC 3000 Australia