Throughout this agreement, unless the context requires otherwise, the following words and expressions shall have the following meanings:
- “We”, “Us” and “Our” means Waters Publishing & Multimedia and extends to its servants, agents, office holders and employees from time to time;
- “You” and “Your” means the individual accepting these terms and conditions and extends to that individual’s executors, trustees and successors in title as the case may be;
- “Website” means the resources located at URL – www.meganwilliamswriter.com; www.meganwilliams.com.au and any sub-domains thereof;
- “Community” means other registered users of the resources located on the website and includes you;
- “Credentials” means the user name and password combination granting access to the website from time to time;
- “Membership Information” means the information you provide to us at registration and advice us from time to time to update.
Throughout this agreement, unless the context requires otherwise:
- A reference to gender shall be taken to include all genders and the neutral gender;
- A reference to the singular shall be taken to include a reference to the plural and vice versa;
- A reference to any act or legislation includes regulations and subordinate legislation made under that act or legislation;
- A reference to an act which has been repealed shall be taken to be a reference to any subsequent enactment of similar purpose or legislative intent;
- The use of headings is for convenience only and headings shall not be used in the interpretation of this agreement, our policies or the code of conduct.
- Acceptance of these terms and conditions constitutes a binding and enforceable agreement (“the agreement”) between you and us.
- The agreement is made upon your indicating your acceptance of its terms by clicking the “I agree” box such that it displays a tick and then clicking on the “accept” button on the web-based form displaying the terms of the agreement.
- The agreement shall be governed by the Laws of the Commonwealth of Australia and the State of Queensland and the Courts of the State of Queensland shall have non-exclusive jurisdiction in relation to this agreement and disputes arising under it.
Representations you are making to us
- In agreeing to these terms and conditions you state that you are 18 or older and are not impaired from forming legal relations.
Limitations on Use
- You must be at least eighteen (18) years old to access this web site. If you are not at least eighteen years old, you are not permitted to access this web site for any reason.
- Your credentials are for your personal use only, unless otherwise specified or agreed in writing by us. You are solely responsible for the security of your credentials.
Information provided by you
- You state and hereby warrant that all information you submit to us through this website is owned by you and that you have the necessary authority to submit that information.
- You state and hereby warrant that all membership information you provide us is true and correct at the time it is provided.
Use of information provided by you
Standards of Conduct and Publication of Information
- You further agree that you shall not submit or transmit any content through this website or to us that is:
- Obscene, vulgar, or pornographic;
- Encourages the commission of a crime or violation of any law;
- Violates any state or Commonwealth law in Queensland or Australia or in the jurisdiction in which you reside;
- Infringes the intellectual rights or property of a third party;
- Is otherwise offensive or inappropriate based upon the content and information provided by us and/or third parties on this website.
- You agree that we have the right to remove or otherwise delete any content or submission from you that violates these terms and conditions or the code of conduct, or which content and/or information is otherwise inappropriate in our sole discretion without notice to you.
- You agree that you will otherwise conduct yourself in accordance with the code of conduct for users of the website published from time to time.
- You agree that we are not liable to you for any loss or damage arising from content or information submitted by you to or through the website or from its use, modification or deletion by us or by others.
Co-operation with Authorities
- You agree that we are not obliged to notify you of any investigation of a kind referred to at paragraph 14 and that we are not liable for any loss, damage or other consequences suffered by you as a result of us not notifying you of any such investigation, order or the provision of information to any investigating authority or pursuant to any Court Order.
- You agree that we must co-operate with law enforcement officials and court officials in the investigation or prosecution of any crime or alleged crime and in relation to any civil action and you agree that you will indemnify us and hold us harmless from any consequences or actions taken by us in cooperation with such law enforcement investigations or Orders of any Court of competent jurisdiction.
- The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), Regulations and Rules (AML laws) place obligations on “reporting entities” to, amongst other things, identify their customers and report certain transactions and suspicious matters to AUSTRAC. We will comply with all applicable laws in the provision of the services to which this agreement applies, including, without limitation any applicable any-money laundering and counter-terrorism financing laws and you authorise us to provide information as required by law to any relevant third party (eg regulator or financial institutions for the purposes of identifying the source of funds (whether for you or for others) and the purpose of any transaction.
Disclaimer as to Testimonials
- You agree that in subscribing to the website and paying any subscription fee that testimonials, recommendations and endorsements of the website offered by third parties are opinion only and not a representation made by us to you and that you hold us harmless in respect of the content of any such testimonial, recommendation or endorsement.
Disclaimer as to Applicability of Information Offered
- You acknowledge and agree that information provided to you in using the website is provided for discussion purposes only and not intended to be specific medical, financial, legal or other advice to be relied upon by you and that before engaging in any conduct based on information contained on the website which may affect your health, finances or legal rights you should obtain independent advice appropriate to your circumstances.
Information provided by way of illustration or anecdotally
- You acknowledge and agree that information offered to you on the website is provided to you by way of illustration of topics for general discussion and/or by way of anecdote and is not to be used or relied upon by you as advice and that prior to taking action based on that information or anecdote you should seek advice appropriate to your situation.
No Guarantee or Warranty
- You acknowledge and agree that:
- the information and other content provided by us on the website is for your consumption by way of general discussion and interest and that we make no representation, warranty or guarantee in respect of the taking of any action based on the content of the website conferring any benefit or advantage upon or to you;
- any content we provide via the website for your use including without limitation all materials, information, software, products, and services is provided “as is” and on an “as available” basis.
- any content provided via the website is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or ownership of the content by us which warranties express or implied are hereby expressly and specifically disclaimed and withdrawn.
- that we do not warrant that any content provided by us via the website is accurate, reliable or correct and to the extent that any warranty may have been made or offered, whether express or implied, such warranties are hereby expressly and specifically disclaimed and withdrawn;
- that we do not warrant that the website will be available at any particular time or at any particular location and to the extent that any warranty may have been made or offered, whether express or implied, such warranties are hereby expressly and specifically disclaimed and withdrawn;
- that we do not warrant that any defects or errors found inthe content provided by us via the website will be corrected and to the extent that any warranty may have been made or offered, whether express or implied, such warranties are hereby expressly and specifically disclaimed and withdrawn;
- that we do not warrant that the any content provided by us via the website is free of viruses or other harmful components including self executing code and to the extent that any warranty may have been made or offered, whether express or implied, such warranties are hereby expressly and specifically disclaimed and withdrawn;
- that your use of the website is solely at your risk which you have voluntarily assumed.
Future or Anticipated Matters
- You agree that to the extent any of the content on the website speaks to or mentions future matters or anticipated matters arising from the use of any of the information or content on the website that such future matters or anticipated matters are in those instances not representations as to future matters but expression of expectations based on previous experience and/or anecdotal evidence and should not be relied upon as expressions or representations of future fact.
No Responsibility for User Created Content
- You agree and acknowledge that we are not responsible for any loss, damage, hurt feelings or damage to reputation by reason of any content posted on the website by other members of the community. We do not endorse, agree with, or approve any user created content posted on the website by reason of permitting such user created content to remain on the website and you agree that you will hold us harmless for any such content being published on or remaining on the website.
No Liability associated with use of website
- You agree that you will hold us harmless and continue to hold us harmless for any loss or damage sustained by you whether by reason of reliance on information contained on the website or otherwise.
Indemnification for Conduct
- You agree that you will indemnify and hold us harmless and continue to indemnify and hold us harmless for any activity by you on the website or within the community and agree that you will defend, institute or agree to be joined as a party to any proceedings in pursuance of this indemnity.
- You agree that unless otherwise specified herein, this agreement, our policies as notified from time to time and the code of conduct constitute the entire agreement between you and us with respect to use of this website and participation in the community and supersedes all prior or contemporaneous communications between you and us with respect to this website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- If you need to contact us you may do so on the following contacts:
- Address – c/-Clift Pearce Accounting Pty Ltd
- Postal Address – PO Box 639, Ipswich QLD 4305. Australia.
- Email – firstname.lastname@example.org
- You agree that if we need to contact you we may do so in writing using the details you have provided to us during registration as updated by you from time to time using the functionality of the website and that in the case of email or facsimile correspondence that you are deemed to have received that correspondence upon the conclusion of the transmission containing or constituting it leaving the sender and in the case of postal communication in the ordinary course of the post and if the address nominated by you as your contact address is within Australia then in any event on the second day after posting.
- In the event we need to serve you with any Court Document or Order including initiating process we may do so using the Membership Information provided by you at the time of registration and updated by you using the website functionality from time to time pursuant to Rule 119 Uniform Civil Procedure Rules 1999 (Q) and in those circumstances documents may be served by any one of the following means:
- by sending them by ordinary prepaid post to the address nominated by you in the Membership Information in which case the documents shall be deemed to have been served:
- if the address to which they are sent is in Australia, on the second business day after posting; or
- otherwise, on the tenth day after posting.
- by transmitting the documents to be served to the facsimile number nominated by you in the Membership Information in which case service shall be deemed to have been effected upon successful completion of the transmission and a successful facsimile transmission report generated by the sender’s facsimile machine shall be sufficient proof of service; or
- by scanning (in black & white or in colour) the documents to be served and transmitting the scanned copy of the documents via email (whether in a single email or split across multiple emails) to the email address nominated by you in the Membership Information in which circumstances service shall be deemed to have been effected upon successful transmission of the email by the sender and if more than one email upon the successful transmission of the last of the series of emails by the sender.
- You agree that we may from time to time vary the terms of this agreement, our policies and the code of conduct. When we do so we will notify you that we have done so. Thereafter your continued use of the website and the community shall signify acceptance of the varied terms.
- You agree that notwithstanding any notice you may give us that unless we expressly agree in writing to a variation of this agreement, or policies or the code of conduct nothing you do will be effective to vary the terms of this agreement, our policies or the code of conduct and in those circumstances the only variation to the agreement, the policies or the code of conduct will be that agreed to by us in writing.
- This agreement shall terminate on the earlier of the following:
- the expiry of your subscription to the website unless that subscription is renewed;
- by written notice by you to us terminating your membership of the website and community;
- by written notice by us to you terminating your membership of the website and community whether or not by reason of breach of this agreement, our policies or the code of conduct.
Those provisions which are said expressly to, or by necessary implication, continue to operate after termination of this agreement shall not merge and shall continue in full force and effect notwithstanding the termination r expiry of this agreement.
- Any notice required to be given under this agreement, our policies or the code of conduct shall be given in writing and sent via email to the email address provided by you in the Membership Information. You may send notices which you wish to give us to email@example.com