Terms & Conditions

1. About the Website
(a) Welcome to JasonRolph.com (Website). The Website is an art gallery and platform for
selling art services (Services).

(b) The Website is operated by Jason Rolph. Access to and use of the Website, or any of its
associated Products or Services, is provided by Jason Rolph. Please read these terms and
conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies
that you have read, understood and agree to be bound by the Terms. If you do not agree
with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) Jason Rolph reserves the right to review and change any of the Terms by updating this
page at its sole discretion. When Jason Rolph updates the Terms, it will use reasonable
endeavours to provide you with notice of updates to the Terms. Any changes to the Terms
take immediate effect from the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to
accept or agree to the Terms where this option is made available to you by Jason Rolph in the
user interface.

3. Payment
(a) All payments made in the course of your use of the Services are made using . In using the
Website, the Services or when making any payment in relation to your use of the Services,
you warrant that you have read, understood and agree to be bound by the terms and
conditions which are available on their website.

(b) You acknowledge and agree that where a request for the payment of the Services Fee is
returned or denied, for whatever reason, by your financial institution or is unpaid by you for
any other reason, then you are liable for any costs, including banking fees and charges,
associated with the Services Fee.

4. Refund Policy
(a) Jason Rolph will only provide you with a refund of the Services Fee in the event they are
unable to continue to provide the Services or if the manager of Jason Rolph makes a
decision, at its absolute discretion, that it is reasonable to do so under the circumstances
(Refund).

(b) Any benefits set out in this Terms and Conditions may apply in addition to consumer's
rights under the Australian Consumer Law.

5. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Jason Rolph are subject to
copyright. The material on the Website is protected by copyright under the laws of Australia
and through international treaties. Unless otherwise indicated, all rights (including
copyright) in the Services and compilation of the Website (including but not limited to text,
graphics, logos, button icons, video images, audio clips, Website code, scripts, design
elements and interactive features) or the Services are owned or controlled for these
purposes, and are reserved by Jason Rolph or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by
Jason Rolph, who grants to you a worldwide, non-exclusive, royalty-free, revocable license
whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your
device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Jason Rolph does not grant you any other rights whatsoever in relation to the Website or
the Services. All other rights are expressly reserved by Jason Rolph.

(c) Jason Rolph retains all rights, title and interest in and to the Website and all related
Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent,
registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark
or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a thing, system or process).

(d) You may not, without the prior written permission of Jason Rolph and the permission of any
other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post,
distribute, show or play in public, adapt or change in any way the Services or third party
Services for any purpose, unless otherwise provided by these Terms. This prohibition does
not extend to materials on the Website, which are freely available for re-use or are in the
public domain.

6. Privacy
Jason Rolph takes your privacy seriously and any information provided through your use of the
Website and/or Services are subject to Jason Rolph's Privacy Policy, which is available on the
Website.

7. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not
expressly stated in the Terms are excluded; and
(ii) Jason Rolph will not be liable for any special, indirect or consequential loss or
damage (unless such loss or damage is reasonably foreseeable resulting from our
failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or
damage to goodwill arising out of or in connection with the Services or these Terms
(including as a result of not being able to use the Services or the late supply of the
Services), whether at common law, under contract, tort (including negligence), in
equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the
Services is provided to you "as is" and "as available" without warranty or condition of any
kind. None of the affiliates, directors, officers, employees, agents, contributors and
licensors of Jason Rolph make any express or implied representation or warranty about the
Services or any products or Services (including the products or Services of Jason Rolph)
referred to on the Website. This includes (but is not restricted to) loss or damage you might
suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other harmful

component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services,
or any of its Services related products (including third party material and
advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the
products of Jason Rolph; and
(iv) the Services or operation in respect to links which are provided for your
convenience.

8. Limitation of liability
(a) Jason Rolph's total liability arising out of or in connection with the Services or these Terms,
however arising, including under contract, tort (including negligence), in equity, under
statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Jason Rolph, its affiliates, employees, agents,
contributors and licensors shall not be liable to you for any direct, indirect, incidental,
special consequential or exemplary damages which may be incurred by you, however
caused and under any theory of liability. This shall include, but is not limited to, any loss of
profit (whether incurred directly or indirectly), any loss of goodwill or business reputation
and any other intangible loss.

9. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users
for a commercial gain, whether business users or domestic users, then you are a competitor of
Jason Rolph. Competitors are not permitted to use or access any information or content on our
Application. If you breach this provision, Jason Rolph will hold you fully responsible for any loss
that we may sustain and hold you accountable for all profits that you might make from such a
breach.

10. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Jason Rolph as set out
below.

(b) If you want to terminate the Terms, you may do so by:
(i) providing Jason Rolph with 1 days' notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where Jason Rolph has
made this option available to you.
Your notice should be sent, in writing, to Jason Rolph via the 'Contact Us' link on our
homepage.

(c) Jason Rolph may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Jason Rolph is required to do so by law;
(iii) the provision of the Services to you by Jason Rolph is, in the opinion of Jason
Rolph, no longer commercially viable.

(d) Subject to local applicable laws, Jason Rolph reserves the right to discontinue or cancel
your membership at any time and may suspend or deny, in its sole discretion, your access
to all or any portion of the Website or the Services without notice if you breach any
provision of the Terms or any applicable law or if your conduct impacts Jason Rolph's
name or reputation or violates the rights of those of another party.

11. Indemnity
You agree to indemnify Jason Rolph, its affiliates, employees, agents, contributors, third party
content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including
legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with
your content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website
or attempts to do so; and/or

12. Dispute Resolution
12.1 Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have
been complied with (except where urgent interlocutory relief is sought).
12.2 Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give
written notice to the other party detailing the nature of the dispute, the desired outcome
and the action required to settle the Dispute.

12.3 Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)
must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
agree;

(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the Fair Trading;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a precondition to the
mediation commencing. The Parties must each pay their own costs associated with
the mediation;

(d) The mediation will be held in Adelaide, Australia.

12.4 Confidential
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as "without prejudice" negotiations for the purpose of applicable laws of
evidence.

12.5 Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has
not been resolved, either Party may ask the mediator to terminate the mediation and the
mediator must do so.

13. Venue and Jurisdiction
The Services offered by Jason Rolph is intended to be viewed by residents of Australia. In the
event of any dispute arising out of or in relation to the Website, you agree that the exclusive
venue for resolving any dispute shall be in the courts of South Australia, Australia.

14. Governing Law
The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the
rights created hereby shall be governed, interpreted and construed by, under and pursuant to the
laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding
mandatory rules. The validity of this governing law clause is not contested. The Terms shall be
binding to the benefit of the parties hereto and their successors and assigns.

15. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.