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Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://johnanderson.net.au/ website and related services (the “Service”) operated by John Anderson Conversations Pty Ltd (ABN 44 647 648 904) (“us”, “we”, or “our”).
By accessing and/or using the Service you agree to be bound by these Terms, which include our Privacy Policy (available at https://johnanderson.net.au/privacy-policy/). If you disagree with any part of the terms then you may not access the Service. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
When you create a profile with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your profile on our Service.
You are responsible for safeguarding the email account that you use to access the Service.
By making a contribution, a contributor agrees and acknowledges that:
We reserve the right to refuse and return any contribution in our absolute discretion, including where we believe that accepting the contribution would conflict with our mission, values or interests and/or having regard to the source of the contribution or intentions of the contributor.
We reserve the right to:
If a contributor refuses to provide any of the information that may be requested by us above, we may refuse and return the contribution to the contributor in our discretion.
With the exception of social media posts contributors may make using the links provided on the contributions page, if any, contributors shall not be entitled to publicise their contribution or otherwise market themselves or any connected person or business in connection with their contribution, except with our prior written consent and then only if the contributor complies with any of our relevant policies, procedures or requirements.
We collect personal information about you in order to respond to your enquiry, process your registration, provide you with information and for purposes otherwise set out in our Privacy Policy at https://johnanderson.net.au/privacy-policy/.
The information you provide will be collected by or on behalf of us and may be disclosed to third parties that help us deliver our services (including information technology suppliers or communication suppliers) or as required by law. If you do not provide this information, we may not be able to provide all our services to you.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@johnanderson.net.au. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and this collection notice.
For certain other activities, including campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such an activity, you need to agree to the relevant terms and conditions applicable to that activity. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Service and in all of the material (including all text, graphics, logos, audio and software) made available on the Service (Content).
Your use of the Service and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Service or the Content. However we do grant you a licence to access the Service and view the Content in accordance with these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of the Service or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.
All other use, copying or reproduction of the Service, the Content or any part of it is prohibited, except to the extent permitted by law.
Our Service may contain links to third-party websites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites for convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Service, including but not limited to:
If we allow you to post any information to the Service, we have the right to take down this information at our sole discretion and without notice.
We may terminate or suspend your profile immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your profile, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnity survives the expiration or termination of your registration, and applies to claims arising both before and after the registration ends.
You agree that, to the maximum extent permitted by law, including the Australian Consumer Law, we shall not be liable for any direct and indirect loss, damages or expense – irrespective of the manner in which it occurs – suffered as a result of your use of the Service and/or the information or materials contained on it, or as a result of the inaccessibility of the Service and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if we have been previously advised of the possibility of such damage.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and you agree that you will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We and our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, or be secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty, representation or guarantee as to the effectiveness or utility of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
The views expressed on the Service, whether by John Anderson, John Anderson Conversations Pty Ltd or users of the Service, are those of the authors and do not necessarily reflect the official policy or position of John Anderson or John Anderson Conversations Pty Ltd. For the avoidance of doubt, publication of comments or communications made by users of the Service does not necessarily constitute an endorsement of those comments or communications by John Anderson or John Anderson Conversations Pty Ltd.
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
The information on the Service is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the Service, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on the Service.
We reserve the right, at our sole discretion and without notice, to modify or replace the Service (including these Terms) at any time. However, we do not undertake to keep the Service updated.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
If you have any questions about these Terms, please contact us.