Policies, Terms & Conditions
Collecting Personal Information and its use:
1. In the course of your use of www.jodysfiji.com, you provide us with certain information, as mentioned below (collectively referred to as the “Personal Information”), which we may collect, store and use for providing the Services and performing our contractual obligations, other than allowing us to better understand the Website users and improve the layout and functionality of www.jodysfiji.com ;
* Information about your name, address, phone number, e-mail address, billing and credit/debit/charge card information, order history, feedback, about your visits to and use of www.jodysfiji.com (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, and website navigation etc.).
* Information relating to any transactions carried out between you and us on or in relation to www.jodysfiji.com , including information relating to any purchases you make of our Products or Services.
* Information that you provide to us for registering with us as a Registered User (including your personal details).
* Information that you provide to us for contacting us.
* Information that you provide to us for registering for any event as a Registered User (including your personal details).
* Information that you provide to us for subscribing to www.jodysfiji.com Services, e-mail notifications, and/or newsletters.
* Any other information that you choose to send to us; and feedback including Product/Service reviews.
2. We may use the Personal Information that you provide or that is obtained by us:
* To fulfill our agreement of providing Services to you, including those relating to your purchase of Products and their processing and obtaining payment
* To analyze and profile your shopping preferences (market, customer and product analysis etc.) to enable us to review, develop and improve the Products and Services we offer and to enable us to provide you and other customers with relevant information through our marketing programs. We may use your Personal Information to make decisions about your using computerized technology, for example automatically selecting Products and Services which we think will interest you from the information we have. We may keep you informed of such Products and Services including special offers, discounts, offers, competitions and so on (including products and services of other companies and organizations) by e-mail, telephone (including automated calls),SMS text messages and other electronic messages such as picture messaging, post, fax or otherwise.
* When you provide us with your information, you will be given the option to mention if you do not wish to receive information of such products and services from either us or carefully chosen third parties and you must inform us accordingly and specifically.
3. We may supplement the Personal Information that you provide to us with information that we receive from third parties (e.g., credit reference agencies)
4. In order to protect our customers and us from fraud and theft, we may share all or any of the Personal Information that we obtain (for confirming identity and other information in our customer records, including how you conduct your Account etc.), with other Group companies/subsidiaries/affiliates of JODYS, other third parties, companies, retailers and to financial and other organizations (including law enforcement agencies) involved in fraud prevention and detection, to use in the same way.
Disclosure of Your Information
5. While we will make every effort to safeguard and keep confidential the information provided to us, we might share your Personal Information with other Group companies/subsidiaries/affiliates of JODYS and other third parties, companies, retailers and organizations whose services or Products we provide to you through www.jodysfiji.com , for the following reasons:
* To our agents, staff and approved third parties to provide services for us
* To anyone to whom we assign or transfer our rights and duties under our agreement with you
* If we have a duty to do so or if the law compels us to do so either in connection with any legal proceedings or prospective legal proceedings; or in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk)
8. We take all steps reasonably necessary to protect against unauthorized access, use, alteration, disclosure, or destruction of Personal Information. Any information that we collect and store that is personally identifiable is protected using appropriate means, and JODYS is not responsible for any unauthorized access or use by third parties, unless such access is enabled because of our gross negligence or willful misconduct.
9. Protecting your Personal Information is very important to us. Therefore to better protect the Personal Information, (a) we take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your Personal Information (b) we store all the Personal Information you provide to us on our secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted using technology, which JODYS deems fit and proper (c) we display only the last four digits of your credit/debit card numbers, whilst in case of the use of Visa or MasterCard the CVV number will be requested. These card details are not available or visible to JODYS and are not stored anywhere on JODYS servers. The payment details go directly through the partner Payment Gateway only. It is important for you to protect against unauthorized access to your Account and password and to your computer. You must ensure that you log out/ sign-off from your Account, when you are exiting www.jodysfiji.com .
10. We may withhold such Personal Information to the extent permitted by law
11. You may instruct us not to process your Personal Information for marketing purposes by e-mail at any time. If you are concerned that any of the Personal Information that we hold is inaccurate, you may Contact Us
12. Our Website may contain links to other websites. JODYS is not responsible for the privacy practices of websites not operated by JODYS. We encourage users to read the privacy statements of each and every website that collects Personal Information.
13. You may receive emails from JODYS based on your subscription request. If you wish at any time to unsubscribe, you may click the “Unsubscribe” link at the bottom of any email communication if provided or contact us.
15. We reserve the right to change these Terms and conditions at any time. Any such changes will be deemed to have taken effect when posted on www.jodysfiji.com and it is your responsibility to read the Terms on each occasion you use www.jodysfiji.com. By accessing www.jodysfiji.com, registering an Account or using the Services offered by JODYS on the Website, you agree to be bound by the Terms. If you do not agree with all or any of the Terms, your sole recourse is to discontinue your use of www.jodysfiji.com .
16. JODYS has the right but not the obligation to monitor and edit or remove any activity or User Content, and takes no responsibility and assumes no liability for any User Content posted by you or content posted by any third party.
Liability and Indemnity
17. JODYS does not warrant that the Website or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available through www.jodysfiji.com .
18. JODYS makes no representation or warranties about the accuracy, completeness, timeliness, reliability, or non-infringement of any content on the Website or Services available through it.
19. Although JODYS takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to www.jodysfiji.com , JODYS does not represent or warrant that the Website, or the Service or Products or materials that may be made available through www.jodysfiji.com are free from such destructive features. JODYS is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
20. In no event shall JODYS be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if JODYS has been advised, knew, or should have known of the possibility of such damages, arising out of or related to: (i) your use of or reliance on www.jodysfiji.com , any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through www.jodysfiji.com ; (ii) your provision of information, personal or otherwise, to JODYS; (iii) the provision of Services by JODYS; or (iv) acts or negligence on the part of JODYS, its agents or employees.
21. TO THE FULLEST EXTENT PERMITTED BY LAW, JODYS DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE WEBSITE OR JODYS’S SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY JODYS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION AND LINKS CONTAINED THEREIN, IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY THAT IT WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
22. Notwithstanding anything herein to the contrary, JODYS’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the Website, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) in respect of one incident or series of incidents attributable to the same cause.
23. We will take all reasonable precautions to keep the details of your order and payment secure, but, notwithstanding anything contained under this agreement, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you. If you use www.jodysfiji.com , you are responsible for maintaining the confidentiality of your Account and its password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. www.jodysfiji.com is not intended for selling Products to children, but only to adults who can purchase with a Card or other permitted payment method. If you are under 21 years of age you can use www.jodysfiji.com only with the permission and involvement of your parent or guardian, subject to applicable law.
24. JODYS reserves the right to refuse Service, terminate Accounts, remove or edit content, or cancel orders anytime at their sole discretion.
25. By using www.jodysfiji.com and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and hold JODYS, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of www.jodysfiji.com or the Service, your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing www.jodysfiji.com or the Service, or any action taken by JODYS as part of its investigation of a suspected violation of these Terms or as a result of it’s finding or decision that a violation of these Terms has occurred.
26. Your use of the Website and the contract between you and JODYS shall be governed by the law of Fiji, without regard to the conflict of law rules and any dispute between you and JODYS will be only resolved exclusively in the Courts at Suva, Fiji but not in any other Court.
27. We have selected the Products on the basis that they will be used for personal use only. If you are planning to use them for business purposes you are advised to make sure that you are covered by a proper insurance plan. Where you decide to use the Products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question. In relation to business users, we do not accept liability for the fitness of Products for business purposes, nor do we accept liability for loss of use of the Product, nor any loss over and above the cost of the Products in the event of a claim for breach of warranty or condition.
28. JODYS shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused by events of Force Majeure and/or caused, whether directly or indirectly, by circumstances beyond its reasonable control. For the avoidance of any doubt, Force Majeure events shall, without being limited, mean and include events of war, riots, civil war, rebellion, earthquake, cyclones, flood, national or global pandemic or any other natural physical disaster and/or acts of God.
29. Any links or references to other Internet sites (“hyperlinks”) contained on www.jodysfiji.com are provided by JODYS merely as a convenience to users of www.jodysfiji.com , and JODYS is not responsible for the content or operation of any such linked Internet sites. Any hyperlinks to such linked Internet sites should no way be construed as an endorsement, representation or promotion by JODYS as to the content, representation, accuracy, products or services found or otherwise described in such linked Internet sites. Use of those linked Internet sites/hyperlinks is done at your own risk and cost.
30. You agree that you will not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by JODYS.
31. JODYS reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract, to any third party.
32. If any part of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other Terms shall not be affected.
33. These Terms do not create or confer any rights or benefits enforceable by any person that is not a party.
34. No delay or failure by JODYS to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of JODYS.
35. These Terms including the documents or other sources referred to in these Terms supersede all prior representations, understandings and agreements between you and JODYS relating to the use of www.jodysfiji.com (including the use of Services and/or order of Products) and sets forth the entire agreement and understanding between you and JODYS for your use of www.jodysfiji.com.
36. When you visit www.jodysfiji.com or send e-mail to us, you are communicating with us electronically. You consent to receive communication from us electronically. We may communicate with you by e-mail or by posting notices on www.jodysfiji.com . You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
TERMS AND CONDITIONS
WEBSITE USE TERMS & POLICY
Last Modified: 20th May 2020
JODYS, 3 Central Street, Ground Floor, BSP Life Building, Suva, Fiji or GPO Box 18459, Suva, Fiji (referred to as “organization”, “company”, “we” or “us”), provides the JODYS website located at www.jodysfiji.com and the www.jodysfiji.com mobile and desktop apps (collectively, the “Website”), subject to your compliance with all the terms, conditions and notices contained or referenced herein (the, “Policy”). In addition, when subscribing to certain services from the Website, users will be subject to additional rules applicable to such services.
BY USING THE WEBSITE, YOU INDICATE THAT YOU ACCEPT THE POLICY AND THAT YOU AGREE TO ABIDE BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO STOP USING THE WEBSITE.
ACCESSING THE WEBSITE
INTELLECTUAL PROPERTY RIGHTS
YOUR OBLIGATIONS AND REPRESENTATIONS
MONITORING AND ENFORCEMENT; TERMINATION
RELIANCE ON INFORMATION POSTED
SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS
LINKS FROM THE WEBSITE
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
LIMITATION OF LIABILITY
GOVERNING LAW AND VENUE
WAIVER AND AMENDMENT
FUTURE BUSINESS TRANSACTIONS
YOUR COMMENTS AND CONCERNS
1. ACCESSING THE WEBSITE
You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw, amend, disable or suspend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
2. INTELLECTUAL PROPERTY RIGHTS
(a) The Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the organization, its licensors or other providers of such material, and are protected by Fiji and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Website for your non-commercial use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the organization.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (I) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.
(c) You may not: (I) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
(d) The organization name, the organization logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the organization or its affiliates or licensors. You may not use such marks without the prior written permission of the organization. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
3. YOUR OBLIGATIONS AND REPRESENTATIONS
(a) You may use the Website only for lawful purposes and in accordance with this Policy.
(b) You promise that: (I) you are of legal age to form a binding contract with the organization; (ii) you will not use the Website in any way that violates any applicable local or international law or regulation; (iii) you will not send, knowingly receive, upload, download, use or re-use any material which does not comply with the ‘Content Standards’ (defined below); (iv) you will not impersonate or attempt to impersonate the organization, an employee of the organization, another user or any other person or entity; (v) you will not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website; (vi) you will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vii) you will not introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and (viii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the organization.
4. USER CONTRIBUTIONS
(a) We may from time-to-time provide interactive services such as ‘share’ features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in this Policy.
(b) Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. By providing a User Contribution, you grant the organization and its successors the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You promise that you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against the organization for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.
(c) If you provide a User Contribution to be transmitted to other users of the Website or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website or any third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
(d) User Contributions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the organization, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
5. CONTENT STANDARDS
These content standards apply to all User Contributions and use of Interactive Services, if offered. User Contributions must in their entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party
Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws
Promote any illegal activity, or advocate, promote or assist any unlawful act
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person
Impersonate any person, or misrepresent your identity or affiliation with any person or organization
Involve commercial activities or sales
Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity
6. MONITORING AND ENFORCEMENT; TERMINATION
We have the right, but not the obligation, to review, screen or edit any User Contribution. You accept that such contributions do not reflect the views of organization and are not endorsed by the organization.
We have the right to: (a) take any action with respect to User Contributions that we deem necessary or appropriate; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (c) terminate or suspend your access to all or part of the Website.
Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7. COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to us. The written notice must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements, your Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and legal fees).
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to us. The Counter-Notice must include substantially the following:
Your physical or electronic signature
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address)
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
A statement that you will consent to local Court jurisdiction, or if overseas, to an appropriate judicial body
This allows us to restore the removed content if the party filing the original Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
8. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.
10. SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS
11. LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. 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. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
12. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. The Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Website
Send e-mails or other communications with certain content or links to specific content on the Website
Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you
Cause the Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site
Link to any part of the Website other than the homepage
Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of this Policy
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this Policy. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
13. NO PROMISES
YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ORGANIZATION NOR ANY PERSON ASSOCIATED WITH THE ORGANIZATION MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE ORGANIZATION NOR ANYONE ASSOCIATED WITH THE ORGANIZATION PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE ORGANIZATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ORGANIZATION, ITS LICENSORS, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE WEBSITE BY YOU.
We reserve the right, in our sole discretion, to change the terms of this Policy at any time. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions.
16. EQUITABLE RELIEF
You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause the organization irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the organization may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and the organization may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the organization may be entitled at law or in equity.
17. GOVERNING LAW AND VENUE
This Policy shall be construed and governed by the laws of Fiji, without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the Court at Suva, Fiji, and you expressly waive any objection to personal jurisdiction, venue or forum non convenience.
If any provision of this Policy is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.
19. WAIVER AND AMENDMENT
If the organization fails to insist upon strict performance of your obligations under any of these terms and conditions, or if the organization fails to exercise any of the rights or remedies to which it is entitled under this Policy, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by the organization of any default will constitute a waiver of any subsequent default, and no waiver by the organization of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
20. GEOGRAPHIC RESTRICTIONS
Software, functionality, and/or features (collectively, “Service Functionality”) that may be available on or through the Website from time-to-time are subject to Fiji Government Export Controls. Although the Website may be accessible worldwide, we make no representation that materials on the Website are appropriate or available for use in locations outside Fiji, and accessing those from territories where their contents are illegal are prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
21. FUTURE BUSINESS TRANSACTIONS
As we continue to develop our business, we might undergo a change of ownership such as a merger and/or a sale of all or substantially all our stock or assets. In such transactions, user information generally is one of the transferred business assets, and by submitting any data or contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such parties in these circumstances. However, any party purchasing our assets will be subject to an obligation to maintain the integrity of your personally identifiable information.
22. COMPLETE UNDERSTANDING
This Policy, together with the documents expressly referred to herein, constitutes the sole and entire agreement between you and the organization with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Security Capabilities & Policy for Transmission of Payment
WHAT INFORMATION DO WE COLLECT AND HOW DO WE USE IT?
When you place an order through this website, we need to know your name, e-mail, and credit card details if paying by credit card. This allows us to process and fulfill your order successfully. It also helps us in maintaining your account.
HOW DOES JODYS PROTECT CUSTOMER INFORMATION?
When you place orders, we use a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the sensitive customer data we collect is protected by several layers of encryption and several layers of security to prevent unauthorized access.
CREDIT CARD DETAILS
All credit card payments are processed securely through STRIPE Payment Gateway. JODYS does not store any credit card information on its servers.
WHAT ABOUT COOKIES?
"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not contain any personally identifying information. They allow you to place your online order and to login once you are subscribed. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. You will need cookies enabled to use the JODYS website at www.jodysfiji.com.
By using our website, you consent to the collection and use of this information by JODYS. If we decide to change our Security Capabilities & Policy for Transmission of Payment Policy, we will post those changes here so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.
PAYMENT GATEWAY INFO
Our payment options presently available are limited but, most importantly, safe and secure. Credit Card payments are made directly through a SSL Encryption software directly with Stripe to ensure your personal details are kept safe. None of your payment details are stored - this ensures you will be happy with the security of your transaction.
We can take your orders as long as the website allows it based on opening hours for orders and/or the selected restaurant is open. All delivery orders must be received via the website at www.jodysfiji.com.
The orders are delivered directly to the specified addresses in the shortest possible time. We cannot be held responsible for any errors or late delivery in the event the information given by the customer is incomplete or inaccurate. We therefore recommend you check the accuracy of your contact details prior to submitting your order.
We cannot be held responsible for any late delivery or failed attempt to deliver if the delivery driver cannot access the premises on time due to any number of reasons.
Any additional orders requiring an extra delivery will incur supplementary delivery charges.
In case of delivery of order being late or bad or wrong order processed JODYS adheres to a very high standard of quality of services to maintain a high level of customer satisfaction. Hence, in case of an order being bad or wrong order processed related issue of JODYS; we generally do not charge the customer for the order. This is totally up to the discretion of JODYS.
Refund Policy in detail is as follows:
You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Services and only in the event of any of the following circumstances:
Your order packaging has been tampered or damaged at the time of delivery;
Us cancelling your order due to:
(A) Your delivery location falling outside our designated delivery zones;
(B) Failure to contact you by phone or email at the time of confirming the order booking; or:
You or us, cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.
Failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
Unavailability of all the items ordered by you at the time of booking the order.
Refunds for pre-payments made online with cards or for cancelled orders or when one or more items are not available are done through a request made with the Stripe Payment Gateway and shall be refunded through a credit made into the cardholders card issuing bank account less any applicable fees charged by JODYS and the Payment Gateway.
Our decision on refunds shall be at our sole discretion and shall be final and binding.