Terms & Conditions
This Web Site (the "Site") is an online information service provided by Wendy Kelly ("Wendy"), and is subject to your compliance with these terms and conditions set forth below.
Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEB SITE.
This page states the terms and conditions under which you may use the Site and any other product or service offered for sale by Wendy through the Site.
Wendy reserves the right to change the terms and conditions applicable to the Site, or to impose new terms and conditions. Such modifications or additions shall be effective immediately upon notice to each client. Notice may be given by any reasonable means including, but not limited to, posting a revised version of this Agreement on the Internet or notification by electronic mail. Any use of the Site after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions.
Section 1. Use of Material, Copyright
Wendy authorizes you to view, copy, and print a single copy of material on this Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Site.
As a user, you agree to use the services offered by Wendy in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. Wendy prohibits conduct that might constitute a criminal offence, gives rise to civil liability or otherwise violates any law. Any activity that restricts or inhibits any other user from using the services of Wendy is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the Site.
The contents of the Site, such as text, graphics, images and other material ("Material"), are protected by Australian and foreign copyright and trademark laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
If you violate any of the terms or conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Commercial Use of Material, Fees
Wendy authorizes the use of textual and graphical material on this Site for your commercial use under special circumstances and to use such material in any publication for the fee of $500AUD + GST per copy for printed material or $500AUD + GST per page per day for online reproductions.
By using any graphical or textual material from this site you agree to incur this charge and agree to be invoiced for the full amount within the standard terms of service offerred by Wendy.
Section 3. Wendy Kelly's Liability
The Material may contain inaccuracies or typographical errors. Wendy makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. Use of the Site and the Material is at your own risk. Changes are periodically made to the Site, and may be made at any time.
Wendy does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful goods or conditions. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, Wendy is not responsible for those costs.
The Site and Material are provided on an 'as is' basis without any warranties of any kind. Wendy, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. Wendy makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.
Section 4. Disclaimer of Consequential Damages.
In no event shall Wendy, her suppliers, or any third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not Wendy is advised of the possibility of such damages.
Section 5. User Submissions.
Any communication which you post to the Site or transmit to Wendy or to the Site by e-mail or other medium can be used by Wendy on a royalty-free, perpetual, irrevocable, nonexclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the Site or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
Wendy does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Site or endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users of the Site will be at your own risk.
Wendy does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Site. If notified by a user of communications which allegedly do not conform to this agreement, Wendy may investigate the allegation and determine in good faith and her sole discretion whether to remove or request the removal of the communication. Wendy has no liability or responsibility to users of the Site for performance or non-performance of such activities. Wendy reserves the right to expel users of the Site and prevent their further access to the Site for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
Section 6. Links to Other Sites.
The Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Wendy of the contents on such third-party Web sites. Wendy is not responsible for the content of linked third-party Web sites and does not make any representations regarding the content or accuracy of material on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 7. Software Licenses.
All software that is made available for downloading from the Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such Software ("License Agreement"). The downloading and use of such Software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 8. Limitation of Liability
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for Wendy to you for all claims arising from the use of the Materials (including Software) is limited to $100.
Section 9. Indemnity.
You agree to defend, indemnify, and hold harmless Wendy, her employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your violation of the terms or conditions of this agreement.
Section 10. User Information.
Wendy may use the information she obtains relating to you, including your IP address, name, mailing address, email address and use of the Site, for her internal business and marketing purposes.
Section 11. General
The Site is based in Melbourne, Australia. Wendy makes no claims that the Materials are appropriate or may be downloadable outside of Australia. Access to the Materials (including Software) may not be legal by certain persons in certain countries. If you access the Site from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement is governed by laws of Australia, without respect to its conflict of laws principles. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or Material on particular pages of the Site, this agreement constitutes the entire agreement between you and Wendy with respect to the use of the Site. Any changes to this agreement must be made in writing, signed by Wendy.