Terms And Conditions
Welcome to the John Morris Group Web Site.
These Terms and Conditions govern the use of www.johnmorrisgroup.com ("the website") and the purchase of any goods from it. The website is owned and operated by John Morris Scientific Pty Ltd hereafter abbreviated as JMS. Our ABN is 81 001 768 396.
If you need more assistance you can always contact our Customer Service team on 1300 501 555 within Australia or 0800 651 700 in New Zealand between 8am - 5pm AEST Monday to Friday (excluding public holidays), or email email@example.com
Please note that our standard Terms & Conditions of Sale apply in addition to the below. To receive a copy of this document please email firstname.lastname@example.org or click on this link.
Acknowledgment & Acceptance of Terms & Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). JMS reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of JMS or JMS's Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of JMS be limited to:
- In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
- In relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
The information contained on the website is provided by JMS in good faith. To the best of JMS's knowledge, the information is accurate and current. However, JMS and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("JMS's Associates") do not make any representation or warranty as to the accuracy or completeness of the information.
To the fullest extent permitted by applicable law, JMS disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. JMS makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.
You expressly acknowledge and agree that JMS does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and JMS is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct or breach of copyright on their part.
You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", JMS will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
It is our intention to provide up-to-date pricing and shipping information. However we rely upon third parties to calculate this information. Although we make every effort to honour pricing and delivery information displayed on this web site we are unable to control the third parties which supply us with data. Where errors are related to inconsistencies in this data we reserve the right to cancel your order and will contact you by your login details to inform you of this process.
Copyright of the website is property of JMS. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of JMS and third parties. This property may only be used for the purposes of browsing the website and acquiring goods and services from JMS. JMS takes no responsibility for infringements in Copyright on behalf of any manufacturer who displays products through the website.
These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts.
Information Provided by You:
If you purchase goods and services from the website or create a membership account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide JMS with current, complete and accurate customer information when asked to do so by the website or an employee of JMS.
When purchasing from John Morris Group your financial details are passed through a secure server using 128-bit SSL (secure sockets layer) encryption technology. This encryption technology is the industry standard. If you have any questions regarding our purchasing security policy, please contact our customer support centre at email@example.com.
Some product pages contain the ability for end users to write reviews on products offered through this web site. JMS is not responsible for the content of these sections. JMS reserves the right to remove any remarks which are deemed as defamatory, rude or not in keeping with the company policy.
All care is taken to ensure that the website and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses
At the website, we would like to assure you that we take your information and privacy very seriously. JMS complies with the National Privacy Principles set out in the Privacy Amendment (Private Sector) Act 2000 regarding the collection, use and disclosure of personal or sensitive information. The following is a description of what we do and don't do with your details.
JMS collects the following information for the following primary purposes:
- Customer name, address, contact details, bank account details, ABN/GST registration and credit reference details for the purpose of facilitating the financing of goods purchases and establishing the credit worthiness (in John Morris Scientific Pty Ltd’s opinion) of the customer
- Customer name, address and contact details for the purposes of providing, when requested by a customer, product catalogues or any other publications of JMS.
JMS complies with the National Privacy Principles set out in the Privacy Amendment (Private Sector) Act 2000:
Collection of personal information is only collected
- If a customer of JMS applies to purchase a product from our site
- If a customer requests to receive future product catalogues or any other publications of JMS or its affiliates
- By lawful and fair means and not unreasonably obtrusively; and
- Where practicable, only from the individual concerned
At the time of collection of information JMS takes reasonable steps to ensure the individual is aware of:
- The likely use of the information
- The right of access to the information
- The identity and contact details of the organization
- Any law requiring collection of the information; and
- The main consequences of failure to provide the information.a
Use & Disclosure of Personal Information:
JMS discloses personal information:
- For the primary purpose for which it was collected; or
- Where the individual would reasonably expect this; or
- Where the individual has consented; or
- For the purposes of debt collection by a third party debt collection agency; or
- For direct marketing by JMS and gives individuals the opportunity to opt out of direct marketing.
JMS includes its contact details in any direct marketing.
JMS uses personal information that it collects to provide further information to customers about websites and services that JMS considers may be of interest to customers;
- For verification of a customer’s identity and in assisting customers in circumstances such as when a customer has forgotten his or her password or login details for the website registration services;
- In assisting to provide services requested by customers;
- For marketing and promotional purposes, including direct marketing, market research and surveys;
- For any further uses authorised by customers.
JMS also gives customers the option to agree to be contacted by JMS in relation to notification of new features to its website or for promotional activities.
If instructed by Government or Law Enforcement Agencies JMS will share information relating to your account or transaction to assist with Criminal Investigation.
JMS takes steps to ensure information is accurate and up-to-date by updating its records whenever changes to the data come to its attention. JMS disregards information which seems likely to be inaccurate or out of date by reason of the time which has elapsed since it was collected or by reason of any other information in its possession.
JMS protects personal information from misuse or loss by restricting access to the information in electronic format and by appropriate physical and communications security.
Any data destroyed is disposed of in a manner which protects the privacy of information in an appropriate manner.
Access & Correction:
JMS acknowledges that individuals have a general right of access to information concerning them, and to have inaccurate information corrected.
Use of Government Identifiers:
JMS does not use government identifiers other than ABNs to identify individuals.
JMS allows individuals the option not to identify themselves when dealing with it, where practicable. Where goods for sale may raise suspicion of illicit activity we may require evidence to satisfy regulatory bodies that goods will be used in a legal manner. If in JMS's sole opinion fears concerning illicit intent for goods cannot be ruled out we reserve the right to cancel and refund your purchase and to alert authorities of our suspicion.
Trans-border Data Flows:
JMS does not send personal information outside Australia or New Zealand unless required to do so under Federal Government Instruction.
Collection of Sensitive Information:
JMS does not collect sensitive information (personal information about an individual’ s racial or ethnic origin, political opinions or membership of a political association, religious beliefs or affiliations, membership of a professional or trade association, beliefs, membership of a trade union, sexual preference or practices, criminal record, or health information.).
Information You Provide Us:
For JMS to process your order, we need information such as your name, email or contact number, delivery address and payment details. Other information will also be collected with your permission from time to time. This will normally include preferences such as likes or dislikes.
What are Cookies?
Cookies are alphanumeric identifiers that are placed on your computer's hard drive through your web browser. Cookies enable our systems to recognise your browser and welcome you back to the Store. By disabling cookies, you will not be able to participate in some of the features offered by the website
Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable or to warn you when cookies are used. As there are many browsers in the marketplace, the easiest way to change your settings is by searching for Cookies in your Help/Contents and Index option on your browser.
We recommend that you leave your Cookies enabled otherwise, you may not be able to shop with us. Our cookies don't send us back any information about your computer or any other information on your hard drive.
How do we use the information?
Information that you have provided us will be used in four ways:
- To enhance your shopping experience
- To communicate to you new products and services and also at times, the opportunity to take up special promotions or offers. You have the option to opt-out of this communication
- To communicate issues or opportunities regarding the business or operations of JMS or any of its subsidiary organisations
- To generate a holistic but anonymous view of the website customer base. This information will allow us to analyse trends and demographics to help the website improve on the services provided
It is important to note that we send periodical communications to people who have "opted in" to receive email updates about products and special offers, and retain the right to inform our customers of changes in our business operations from time to time. We honour our members' rights to privacy and do not send out "spam" to our members in any way.
Disclosing Your Information:
JMS will pass on any information relating to suspected fraudulent activity to appropriate authorities
Verification of Members
We do use various details to verify information given to us by our members. At times, we use:
- Names on member accounts to compare with information on credit cards
- We use member phone numbers and email addresses provided to us to communicate with customers about payments
- We use member addresses to check against credit card billing addresses etc .
In cases where fraud or other crime is suspected, we do communicate with Police, Banks and other relevant authorities. Many of these checks are done manually and communication is handled carefully by a member of John Morris Group's own Accounts team.
Lost Login & Password Details:
All information is kept private. Many members often forget details such as their passwords. We only distribute these to the registered email address against the account.
All information submitted to the website is secured using Secure Sockets Layer (SSL) software. Information sitting on the website is protected by state-of-the-art encryption and firewall technology
Other Privacy Information You Should Be Aware Of:
Sign out or close your browser once you have finished shopping within the website. This is to ensure that others cannot access your personal information and correspondence.
If you share a computer with someone or are using a computer in a public place like a library or Internet café. You as an individual are responsible for the security of and access to your computer.
You are solely responsible for maintaining the secrecy of your user name and passwords and any account information. Please be careful and responsible whenever you are using the Internet and our web sites.
Further Privacy information can be obtained on the Australian Privacy Commissioner's Web Site
If you need more assistance you can always contact our Customer Service team on 1300 501 555 within Australia between 8:30am - 5pm AEST Monday to Friday (excluding public holidays), or email firstname.lastname@example.org
Commercial In Confidence:
John Morris Group does not want you to send proprietary information which is important to your business operation via our web site or electronic communication mediums.
John Morris Group accepts no responsibility for loss of or damage to maintenance of secrecy with respect to any plans, drawings, samples or other materials supplied by you through our email or web business systems.
A John Morris Group Web Member may not have more than one active membership, whether this is by use of name, email address, an alias or combination thereof. We reserve the right to suspend an account should we suspect the member has dual accounts or is providing false information.
Membership accounts are non-transferable. You may update, edit or terminate your membership account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
As a John Morris Group Web Member, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account and password.
Prices of goods and services, postage and handling fee, and other charges displayed on the website are current at the time of display. These prices are subject to variation without notice.
We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
All photographs, weights, illustrations, dimensions and any other particulars presented on the website or a quotation, or contained in descriptive literature are approximate only and deviations therefrom shall not initiate a contract or be made the basis of any claim made against JMS.
Any representation, promise, statement or description from JMS or any employee, agent, dealer or other person or company is expressly excluded and the purchaser acknowledges that he has relied solely upon his own inspection and skill and judgement and not by reason of any such representation, promise, statement or description.
Placing & Accepting Orders
Orders may not be despatched until payment in full has been received and the website is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, the website is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
If these Conditions of Sale, which shall only be varied, modified or rescinded by written agreement (executed by JMS) shall differ in any respect from your order or JMS’s acceptances or confirmation, then these Conditions of Sale shall prevail.
If by any reason of any legislation, government action or other cause beyond JMS’s control, any tax, impost, levy, charge, duty or expenditure of any kind, which is not at present chargeable or applicable, is imposed becomes payable or applicable, or is incurred upon, to, or in respect of the goods hereby sold, it will be to your account and/or chargeable to the purchaser by JMS.
Cancellation by Us:
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
Cancellation by You:
If you need to cancel an order, please contact us immediately on 1300 501 555 within Australia or 0800 651 700 within New Zealand between 8:30am - 5pm AEST Monday to Friday (excluding public holidays).
Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
JMS cannot accept cancellation of an order for a specially manufactured product or a non-stock item if the supplier has already forwarded the goods to the Company and/or the supplier will not accept cancellation of that item for whatever reason.
JMS reserves the right to apply a restocking fee of $25.00 or 20% of invoice value (whichever is greater) for goods returned that have resulted from an error in purchasing by the Purchaser.
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
It is the responsibility of the customer to inform the website if an order does not arrive. Once we learn an order has not arrived, we will lodge inquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion.
As a guide only, our couriers attempt to deliver to business addresses between 9am and 5pm. Unfortunately, we are unable give a guaranteed time of delivery.
You may select the "Recipient to sign for delivery" option when placing an order with us. By doing so, you agree that we have satisfied the condition where a signature has been received from the recipient, appropriate agent or proxy recipient of the order (chosen at the courier partner's discretion). This includes, but is not limited to, stores person, facilities manager or office receptionist. You agree that in doing so we have delivered the order within the terms of the agreement between you and us.
If you do not select the "Recipient to sign for delivery" option, you agree that when our courier partner is satisfied that the order has been delivered, delivery of the order has taken place within the terms of the agreement between you and us.
If the incorrect delivery address is supplied or if there is no safe place to leave the items they will be returned to the supplier and we will contact you to arrange re-delivery. In these instances a re-shipping and handling fee for re-delivery will apply. To avoid these costs, please carefully consider the delivery address you enter.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
If for any cause beyond JMS’s control, including but without limiting any act of God, war, strike, lockout, industrial dispute, governmental or semi-governmental award, enacted, priority or restriction, fire, flood, storm or tempest, delay in obtaining licenses, transport, labour or materials, accidents, damage to the JMS’s works or business or those of its suppliers, JMS is prevented from making delivery or performance at the time stipulated, JMS shall be entitled at its option either to extend the time for delivery or performance for a reasonable period or to determine the contract, and the Purchaser shall not in consequence in either case have any claim for damages and shall pay for all deliveries made or services performed prior to the date of such determination and all expenses incurred and monies paid by JMS in connection with the contract.
Unless otherwise specified, you agree that the goods shall be at your sole risk from the point of delivery.
In the case of equipment, which JMS undertakes to install, it is your responsibility to provide any service utilities required, e.g. electric power outlets, water outlets, drains, compressed air lines, etc.
If special handling equipment is required such as heavy lift gear for movement of equipment to and/or at the installation site, the cost of hiring or using such equipment and any associated charges will be additional to your account.
Installation will be made at the time of delivery or as soon as practicable thereafter and the equipment will be at your risk.
Unless otherwise mutually agreed, JMS’s responsibility to install such equipment may cease at our option if the installation is deferred by you for any period.
Returns & Exchanges:
You or the recipient of an order may return an item that has been purchased from the website on the basis that the incorrect model or product was chosen however a 20% re-stocking fee will apply.
If you return goods via an Australia Post Office, please keep the appropriate proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item.
It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit.
Except where required by law, all returned products must be:
- Unused, unopened and in original condition
- Returned within 30 days of delivery
- In a saleable condition upon return
In the event of a return by you or the recipient we will exchange or refund in the form of a credit to your account. However, you are responsible for the postage and handling fee of the return to the website and any subsequent re-deliveries to you.
Products that were purchased in conjunction with a promotion and were subsequently delivered with a free promotional product, must be returned with that free promotional product to receive a full refund for the original item purchased. If the original item is returned without the free promotional product the value of the promotional product will be deducted from any refund.
Goods Damaged or Faulty on Delivery:
As an acceptance of our terms we require you to inspect all purchases immediately on the arrival thereof and shall, within seven (7) days from such inspection, give notice in writing to JMS of any matter or thing by reason whereof he may allege that the goods are not in accordance with the contract. If you fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract.
In the event that you receive a defective or damaged product, we will either refund the original product price via the original method of payment or dispatch you a replacement item (subject to availability) once we receive the defective item, at our cost.
Please note that all products that are found to be non-defective will incur the postage and handling fee of returning the item to JMS.
Except where required by law, you must return damaged goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient's responsibility to follow warranty instructions as stated on the product warranty card as specified by the manufacturer.
JMS hereby agree that, to the extent permitted by law, in the event of any loss, damage or claim arising out of a breach of one or more of the consumer warranties and/or JMS’s Warranty, the liability of JMS is limited to, at the option of the JMS, the repair or replacement of the goods or the cost of such repair or replacement or, in the case of service, to the supplying of the services again.
Parts and labour for repair or replacement pursuant to the above shall be provided by JMS during normal working hours at our place of business and JMS shall have no liability for the cost of transportation of the goods to such place of business.
All rejected parts or defective parts shall be the property of JMS to dispose of as it sees fit.
Promotions & Competitions:
Other Terms and Conditions not listed herein and applying to the website promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.
Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.
If you enter into a transaction through JMS to purchase services or vouchers for those services supplied directly by a third party, JMS is not responsible for the provision of those services or for any misunderstanding between you and the supplier.
In all arrangements involving the direct provision of services by third parties, JMS accepts no liability of any kind in connection with or arising from such an arrangement.
Release & Indemnity:
You agree to waive any and all claims that you now have or may have in the future against JMS and JMS's Associates which relate to or are incidental to any transaction.
You agree to indemnify and hold JMS harmless from and against any and all claims, loss or expense that may be incurred by JMS or JMS's Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold JMS and JMS's Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.