Website Terms of Use

Terms of Use

This website is owned and operated by David Jones Limited (ABN 75 000 074 573).

Use of this website is subject to these Terms of Use.  These Terms of Use do not apply to online transactions made on the David Jones website.

David Jones is not liable to you or any other for any loss in connection with the use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Please read the full Terms of Use.

Please note: David Jones reserves the right to amend the Terms of Use at any time. However, since you are bound by these Terms of Use, you should periodically refer to them.

DISCLAIMER OF LIABILITY

General Disclaimer
We are not liable to you or anyone else for any Loss in connection with use of this website or a linked website.

This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.  

Specific Warnings and Disclaimers

The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be corrected.

We may, from time to time, change or add to this website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of David Jones) will David Jones be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website.

To the fullest extent permitted by law, David Jones' liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of David Jones to the following:

  • in the case of services supplied or offered by David Jones, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the supply of the services again; or (b) the payment of the cost of having services supplied again; and
  • in the case of goods supplied or offered by David Jones, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired.

In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section.

The Terms of Use are effective until terminated by David Jones and David Jones may terminate this agreement and your access to the website at any time without notice. In the event of termination you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

COPYRIGHT
This website is our copyright property.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means:

  • adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or
  • commercialise any information, products or services obtained from any part of this website without our written permission.

TRADE MARKS

These trade marks and other David Jones products and services referred to in this website are trade marks of David Jones.

Other product and company names mentioned in this website may be the trade marks of other people or entities.

Nothing contained in the website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the website without the express written permission of David Jones or third party owner.

LINKED WEBSITES
This website may contain links to linked websites. Those links are provided for convenience only any may not remain current or be maintained.

Links to those websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.

Unless otherwise stated the linked websites are not under the control of David Jones and David Jones is not responsible for the contents of any linked website. You link to any such website at your own risk.

COOKIES
David Jones uses two types of cookies on this website. These are session cookies and permanent cookies.

Session Cookies
Session cookies are only used to let our site know that you are the same person wherever you go on our site during a session. For example, if you put a product in your shopping bag and go to check out, we need to know that it is you on the check out page and you have ordered that product.
Upon closing your browser the session cookie set by this website is destroyed and no personal information is maintained which might identify you should you visit our website at a later date.
Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser.

Permanent Cookies
To enable David Jones to recognise each time your browser visits the David Jones website it downloads a cookie onto your hard drive.

Through the use of the cookie David Jones is able to:

(a)    recognise your browser each time it visits our site; and

(b)    track which pages you visit while at our site.

American Express and David Jones may use this information to build up a consumer profile about you, which may allow it to tailor offers or marketing material which may be of interest to you.

As with all of your personal information American Express and David Jones will not provide this to third parties without your consent, except where:

(a)   such disclosure is permitted under the Privacy Act 1988;

(b)   American Express and David Jones is required by law to disclose information to third parties; or

(c)   American Express and David Jones has outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative functions on their behalf.

Other Ways We Track Site Activity
Another way we track site activity is by using transparent electronic images called "clear GIFs," "Web bugs," or "Web beacons" on davidjones.com.au Web pages. These images count the number of users who visit that page from specific banner ads outside davidjones.com.au or through e-mail links. A similar image, sometimes called a "Spotlight Tag," is used on davidjones.com.au Web pages where transactions take place. The Tag collects numeric information, such as the dollar amount of an online purchase, to help us understand usage of the site. We do not use any of these electronic images to collect personally identifiable information.

GENERAL
In this website:

“American Express” means American Express Australia Limited ABN 92 108 952 085.

"David Jones" means David Jones Limited ABN 75 000 074 573 and its subsidiaries unless otherwise specified.

"Consumer Guarantee" means any guarantee (other than a guarantee under section 51, 52 or 53) applicable under the Australian Consumer Law (in Division 1, Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory Fair Trading legislation) to goods and services acquired by consumers.

"linked websites" means websites of persons or entities other than David Jones which are hyperlinked from this website.

"personal information" means any information from which your identity is apparent or can be reasonably be ascertained.

"website" means the whole or any part of the web pages located at www.davidjones.com.au (including the lay-out of this website, individual elements of the website design, underlying code elements of this website, or text, sounds, graphics, animated elements or any other content of this website.)

"We" and "us" refer to David Jones and "our" has the same meaning.

These Terms of Use are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.

Nothing contained in these Terms of Use derogates from David Jones right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by David Jones with respect to that use.

© 2000 David Jones Limited

All rights reserved. Not to be reproduced without consent.