Website Terms and Conditions

1. Introduction

Purpose: These Website Terms and Conditions ("Terms") govern your access to and use of the website located at https://makeitwithjam.com ("Website"), operated by Make it with JAM Pty Ltd (ACN: 688 261 341, ABN: 23 688 261 341) ("we", "us", or "our").

Agreement: By accessing or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference into these Terms. If you do not agree with any part of these Terms, you must not use our Website.

Target Audience: Our Website is intended for users who are 18 years of age or older. By using the Website, you represent and warrant that you are at least 18 years old.

2. Website Content and Intellectual Property

Ownership: All content on this Website, including text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as the compilation of such content, is the property of Make it with JAM Pty Ltd or its content suppliers and protected by Australian and international copyright and other intellectual property laws.

Trademarks: The "Make it with JAM" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Make it with JAM Pty Ltd or its affiliates or licensors. You must not use such marks without our prior written permission.

Limited Licence: We grant you a limited, non-exclusive, non-transferable, revocable licence to access and make personal, non-commercial use of this Website. This licence does not include:

Any resale or commercial use of this Website or its content;
Any collection and use of any product listings, descriptions, or prices;
Any derivative use of this Website or its content;
Any downloading or copying of account information for the benefit of another merchant; or
Any use of data mining, robots, or similar data gathering and extraction tools.

Prohibited Use: You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally permitted for personal, non-commercial use.

3. Disclaimer of Advice and Information

General Information Only: The content on this Website, including blog articles and general information about our services, is provided for general informational purposes only. It is not intended to be and should not be taken as professional advice, and it does not create a client-consultant relationship between you and Make it with JAM Pty Ltd.

No Professional Advice: You should not rely on any information on this Website as a substitute for professional advice tailored to your specific circumstances. We are not responsible for any loss or damage that may arise from reliance on information contained on this Website.

Individual Results May Vary: Any examples, case studies, or testimonials provided are illustrative only and do not guarantee similar results for your specific project or business. Your outcomes will depend on a variety of factors, including your unique circumstances and efforts.

4. User Obligations

Lawful Use: You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website.

Prohibited Conduct: You must not:

Use the Website in any way that violates any applicable local, state, federal, or international law or regulation.
Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
Impersonate or attempt to impersonate Make it with JAM Pty Ltd, a Make it with JAM employee, another user, or any other person or entity.
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Make it with JAM Pty Ltd or users of the Website, or expose them to liability.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

5. Booking Consultations and Services

Booking Platform: Our Website provides links to Google's appointment scheduling service for booking consultations. Your use of this third-party service is subject to Google's Privacy Policy and their terms of service.

Consultation Scope: Any initial consultation is for exploratory purposes only. It does not constitute a commitment to provide ongoing services.

Client Engagements: For clients who choose to engage our services after an initial consultation, the terms and conditions of that engagement, including service scope, fees, payment schedules, and other specific arrangements, will be governed by a separate written client agreement or proposal. Payment processing for these services (e.g., via GoCardless) will be managed under that separate agreement and outside of this public website's direct payment processing.

6. Third-Party Links

External Websites: Our Website may contain links to third-party websites (e.g., MailerLite forms, Google's appointment scheduling service). These links are provided for your convenience only.

No Endorsement: We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of any link does not imply endorsement by Make it with JAM Pty Ltd of the site or any association with its operators.

Your Risk: If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

7. Limitation of Liability

General Exclusion: To the maximum extent permitted by law, Make it with JAM Pty Ltd, its directors, employees, and agents disclaim all liability for any loss, damage, expense, or injury (including indirect, special, or consequential loss or damage, and loss of profits, revenue, or business opportunity) that you or any other person may suffer or incur arising from or in connection with:

Your access to, use of, or inability to use the Website or any content or services obtained through the Website.
Any errors, omissions, or inaccuracies in the content or information provided on the Website.
Any virus, worm, Trojan horse, or other harmful components that may be transmitted in connection with the Website.
Any reliance on information or advice provided on the Website, which is for general informational purposes only.

Australian Consumer Law: Nothing in these Terms attempts to exclude, restrict, or modify the application of any statute, including the Australian Consumer Law ("ACL"), which cannot be lawfully excluded, restricted, or modified. To the extent permitted by law, our liability for a breach of any implied warranty or condition that cannot be excluded is limited, at our option, to:

In the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

Indemnification: You agree to defend, indemnify, and hold harmless Make it with JAM Pty Ltd, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorised in these Terms.

8. Cookies and Tracking Technologies

Our Website uses "cookies" to enhance your experience and to facilitate the services of Google Analytics. Cookies are small files that a site transfers to your computer's hard drive through your web browser (if you allow). They are used to compile aggregate data about site traffic and interaction so that we can offer better site experiences in the future. You may choose to disable cookies through your browser settings, though this may affect your ability to use certain features of our website.

Further details on how we use cookies and handle your data are provided in our Privacy Policy.

9. Changes to the Terms and Website

Modifications: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Your Responsibility: It is your responsibility to review these Terms periodically for changes. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

Website Changes: We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

10. Governing Law and Jurisdiction

Australian Law: These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Jurisdiction: Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in New South Wales, Australia, and you consent to the personal jurisdiction of such courts.

11. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Make it with JAM Pty Ltd regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

13. Contact Information

If you have any questions about these Terms, please contact us: