Terms & Conditions
Who We Are
1) Snowy Joey
Welcome to our website!
Snowy Joey is a provider of Fun Foods Hire Packages (Snow Cones, Fairy Floss & Popcorn); Fun Foods Fundraising events (Snow Cones, Fairy Floss & Popcorn); a seller of training information and Snow Cone Machine packages and a seller of Fun Foods Supplies, mainly Snow Cone Syrups throughout Australia.
As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools or products. We don’t know you, and besides, your results in life are up to you. Agreed?
We just seek to provide great products. Nothing on this page or on any of our websites is a promise or guarantee of results or future earnings, and we do not offer any legal, tax, or other professional advice.
We feel transparency is important and we hold ourselves (and you) to a high standard of integrity. Thanks for dropping by.
2) The Services
This website with URL https://snowyjoey.com.au/ (“Snowy Joey”) is owned & operated by Von Schmick Pty Ltd T/A Snowy Joey (‘Snowy Joey’). This document governs your relationship with Snowy Joey’s Online Store and Snowy Joey and any associated websites. Where ever ‘Snowy Joey’ appears in this document it will be taken to also refer to and include collectively or individually Snowy Joey’s Online Store and Snowy Joey.
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service").
By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy governs Snowy Joey’s relationship with you in connection with this website and any associated websites. Should you not agree with any of these terms and conditions, please do not use our website.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Your use of this website and any dispute arising out of your use of it is subject to the laws of Queensland.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by Snowy Joey. Snowy Joey has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
3) The Users
Through the services, Snowy Joey provides a simple & quick way for users to purchase educational material, Hire Packages and Snow Cone Syrups. We refer to visitors & browsers of the Services collectively as ‘users’ or ‘you’.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at Snowy Joey’s Privacy Policy. By using Snowy Joey’s Websites, you consent to the processing described therein and warrant that all data provided by you is accurate.
Electronic Communications
When you visit Snowy Joey’s Online Store or Snowy Joey or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Prohibitions
You must not misuse the Websites. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offence and Snowy Joey will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through Snowy Joey’s Online Store or Snowy Joey remains the property of Snowy Joey or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Snowy Joey and its licensors.
You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Service and Sale
(a) General
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Any delivery times provided by Snowy Joey are estimates only. Snowy Joey will not be held accountable for late deliveries or any Loss incurred as a result of or incidental to any late deliveries. You will be notified of any unreasonable delays, if, as & when we are made aware of them.
In order to contract with Snowy Joey’s Online Store you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Snowy Joey’s Online Store retains the right to refuse any request made by you.
If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Snowy Joey’s Online Store or may in some cases be a third party.
Where a contract is made with a third party Snowy Joey’s Online Store is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
(b) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(c) Product Descriptions
Snowy Joey and its associates attempt to be as accurate as possible. However, Snowy Joey does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Snowy Joey itself is not as described, your sole remedy is to return it in an unused condition.
(d) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs including surcharges to some states in Australia will be charged in addition; such additional charges are clearly displayed, where applicable, and included in the 'Total Cost' prior to payment.
(e) Payment
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as payment against the value of the goods you wish to purchase, including any applicable shipping costs.
(f) Cancellation of Your Order
There may be situations that you may want to or we would need to cancel your order. These are the following:
i. Unsuccessful Payment. Payment via PayPal or Credit Card or Direct Deposit was unsuccessful. Your order will not be processed.
ii. Order has not been processed yet.
If your order has not been processed and dispatched within a 3 day time frame due to unforeseen reasons (including ordered item being out of stock), you may choose to wait until the product is available again or you may cancel your order. If you choose the latter, we will void the payment and initiate a refund to your credit card (or original method of payment).
Please note that should you wish to cancel your order and the following statuses are applicable, approval to cancel the order will be based solely at the discretion of Snowy Joey.
i. Started processing
ii. Processed
iii. Shipped or Dispatched from our warehouse
iv. Delivered to the Delivery address (You still retain the right to return your order under our Returns Policy)
If you wish to cancel you order right after you have just placed it, please contact us immediately via email info [at] snowyjoey.com.au or call Rosanne on 0433 617 299.
g) Returns
You have 15 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase.
To return your item/s, please post them to:
Snowy Joey
47 Emperor St
ANNERLEY QLD 4103
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund, if Snowy Joey has paid for the shipping. If you have any questions on how to return your item to us, please contact us.
h) Risk of Loss
Some of the items available for purchase from Snowy Joey’s Online Store are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If there have been problems with the courier or delivery Snowy Joey will attempt to contact the courier, on your behalf, to try to resolve the problem as quickly as possible, but will take no responsibility for the actions of the courier or the courier company.
Applicable Law
By visiting Snowy Joey’s websites you agree that the laws of the state of Queensland, Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Snowy Joey or its associate
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
Unless expressly stated to the contrary to the fullest extent permitted by law Snowy Joey’s Online Store and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect Snowy Joey’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to This Website
You may link to our home page, 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 where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Snowy Joey and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Snowy Joey.
Indemnity
You agree to indemnify, defend and hold harmless Snowy Joey its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
Variation
Snowy Joey shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Snowy Joey. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Snowy Joey.
Disputes, Questions or Complaints
If you have a question, concern or complaint about the Services, please first contact Snowy Joey by sending your email to info [at] snowyjoey.com.au. Our customer support team will try to answer your question or resolve your concern.