Terms and Conditions

Last updated: November 28, 2024

OVERVIEW

In these terms of use (Terms) “JDoodle”, “we”, “us” and “our” refer to Nutpan Pty Ltd (ABN 35 165 720 258). We operate this website and offer this website, including all information, tools, products, and services available from this website (“Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms carefully. By accessing our website and / or purchasing a Service, you agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and / or available by hyperlink. If you do not agree to any of the Terms, then you must not access the website or use any of the Services.

Any new features or tools which are added to the current website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or other Services following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – Licence to use the Services

  1. We grant you a limited, non-transferable licence to access and use our Service for your own use or for your internal business purposes in accordance with these Terms.
  2. We (or our licensors) retain all right, title, and interest in and to the Service and nothing you do on or in relation to the Service will transfer any intellectual property rights to you.
  3. Except as provided in these Terms, any reproduction, duplication, copy, selling, reselling, or exploitation of the Service is expressly prohibited, unless prior written consent is obtained from us. You may contact us at [email protected].

SECTION 2 – AGE RESTRICTION

You must be at least 18 years old to use the Service. However, children under the age of 18 may use the Service with the consent of their parent, legal guardian, or a responsible adult (including, but not limited to, teachers). If you are a parent, legal guardian, or responsible adult permitting a person under the age of 18 to use our Service, you agree to these Terms and Conditions of Use on behalf of that person.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF WEBSITE INFORMATION

We are not responsible if information made available on this website is inaccurate, incomplete or not current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 – MODIFICATIONS TO THE SERVICE

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof). Where we believe that such actions will have a material adverse impact on your use of the Service, including if we discontinue the Service entirely, we will give you at least 30 days prior notice to the change. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – SERVICE LIMITS

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services are subject to change at any time without notice, at the sole discretion of us. Any offer for any Service made on this website is void where prohibited. We do not warrant that the quality of any Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – PAYMENT AND ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may offer a number of subscription plans with respect to your use of our Services, which are subject to varying subscription fees as set out on this website here https://www.jdoodle.com/pricing

You authorise us to provide your payment information to third party service providers so we can complete your transaction and registration to the relevant subscription plan, and you agree:

  1. to pay the applicable subscription fees and any applicable GST for your access and use of the Services;
  2. that we may charge your credit card for verification, pre-authorisation, and payment purposes; and
  3. to bear any additional charges that your bank or other financial service provider may levy on you.

We may revise the subscription fees for any subscription plan from time to time but no more than once in each 6-month period, by giving you at least 30 days’ prior notice. If you continue to access or use our Services after expiry of the notice we give you, the updated subscription fees will apply to your next monthly renewal.

You agree to provide current, complete and accurate purchase and account information for all purchases on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have control nor input. any

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The inclusion of any link or advertisement does not imply that we endorse or approve the linked site or the subject matter of the advertisement.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you grant to us a non-exclusive, worldwide, royalty-free, perpetual, transferable licence (including a right to sublicence) to use, copy and otherwise exploit the Comments for any purpose.

We are and shall be under no obligation to:

  1. maintain any Comments in confidence;
  2. pay compensation for any Comments; or
  3. respond to any Comments.

We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

By using any of our Services, you may give us personal information. Our collection, use, and disclosure of personal information is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the website or its content, or our Service:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose;
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
  • to transmit harmful content;
  • to impersonate another person;
  • to create accounts for automation or register accounts in bulk;
  • to attack or tamper with other websites, services, or individuals; or
  • to perform significant load testing, or overwhelm our website with a significant load, that can impact the performance of our servers.

We reserve the right to terminate your use of the Service or any related website with immediate effect for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of our Service will be accurate or reliable.

To the maximum extent permitted by law, all Services delivered to you (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied.

Nothing in these Terms excludes, restricts, or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

If any guarantee, term, condition, or warranty is implied into these Terms under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:

  1. in the case of goods:
    • the replacement of the goods
    • the supply of equivalent goods
    • the repair of the goods
    • the payment of the cost of replacing the goods or of acquiring equivalent goods
    • the payment of the cost of having the goods repaired
  2. in the case of services:
    • the supplying of the services again
    • the payment of the cost of having the services supplied again

Subject to paragraphs (g), (h), and (i) below and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, each party’s maximum aggregate liability for all claims under or relating to these Terms whether in contract, tort (including negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or any other basis, is limited to the amount of all subscription fees paid by you to us.

Subject to the Non-Excludable Provisions and paragraph (h) below, and to the maximum extent permitted by law, in no case shall either party, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, nor shall either party be liable for lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

The liability cap and exclusions in paragraphs (f) and (g) do not apply to your liability for any breach of Section 12 (Prohibited Uses).

Each party’s liability is diminished to the extent that the other party’s acts or omissions (or those of a third party) contribute to or cause the loss or liability.

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – ENTIRE AGREEMENT

The failure of a party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms), provided that nothing in this Agreement limits or excludes any liability either party may have in connection with any representations or other communications (either oral or written) made prior to or during the term of these Terms, where such liability cannot be limited or excluded.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 16 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales including, for the avoidance of doubt, the Federal Court of Australia sitting in New South Wales.

SECTION 17 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 18 – CONTACT INFORMATION

You can contact us at [email protected] or https://www.jdoodle.com/contact-us

SECTION 19 – CANCELLATION

Suspension

We may suspend your subscription:

  1. if we have reasonable grounds to believe you are breaching Section 12 (Prohibited Uses); or
  2. during any period in which the subscription fees remain overdue.

For clarification, we may also exercise our rights of cancellation during any period of suspension.

Cancellation

You may cancel your subscription at any time (including during any period of suspension) by following the prompts on the website, or by notifying us at [email protected]. Any such cancellation will take effect when your next monthly subscription fee is due.

Either you or us may cancel your subscription with immediate effect, if the other materially breaches these Terms and fails to remedy that breach within 14 days of being notified of the breach. For the avoidance of doubt, these Terms are terminated once your subscription with us is cancelled.

If we cancel your subscription in accordance with paragraph (b) above, you will remain liable for all amounts due up to and including the date of cancellation.