Terms and Conditions
INFORMATION ABOUT THE COMPANY
www.janehinchey.com.au is a site operated by Jane Hinchey (the “Company”). The Company is a sole trader registered in Australia under ABN 86 511 780 254 and its registered office is PO Box 161, Ingle Farm SA 5098.
Please note that this is not an address to which you should send fan mail.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the site without notice (see below). The Company will not be liable if for any reason the site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The Company is the owner or the licensee of all intellectual property rights in the site, and in the content published on it. Those works are protected by Australian and international copyright and other intellectual property laws. All such rights are reserved.
For all content on the site, in general, you are not permitted to reproduce or publish in any way any of the content that appears on the site unless you have first obtained the Company’s written permission to do so. In some limited circumstances, the Company may choose to permit the reproduction or publication of content where it feels that this does not harm the business or its values and does not negatively affect the Jane Hinchey brand. Apart from that, none of the content on the site may be republished, posted, transmitted, stored, sold, distributed or modified without the Company’s prior
written consent and any use without consent may constitute an infringement of the holder’s rights. In any case, you are not in any circumstances permitted to:
- make commercial use of any such content;
- edit any such content; or
- remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.
Jane Hinchey’s status (and that of any identified contributors) as the author of the content on the site must always be acknowledged.
RELIANCE ON INFORMATION POSTED
Any commentary and other content posted on the site are not intended to amount to advice on which reliance should be placed. The Company therefore disclaims all liability and responsibility arising from any reliance placed on such content by any visitor to the site, or by anyone who may be informed of any of its contents.
THE SITE CHANGES REGULARLY
The Company’s aim is to update the site regularly, and may change the content at any time. If the need arises, the Company may suspend access to the site, or close it indefinitely. Any of the content on the site may be out of date at any given time, and the Company is under no obligation to update such content.
THE COMPANY’S LIABILITY
The content displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the Company and third parties connected to it hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any content posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill; and
- whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect the Company’s liability for death or personal injury arising from its negligence, nor the Company’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of-service attack. In the event of a breach of the terms of this paragraph, your right to use the site will cease immediately.
The Company 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 the site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO THE SITE
You may link to the home page of the site, provided you do so in a way that is fair and legal and does not damage Jane Hinchey’s reputation or take advantage of the Jane Hinchey brand, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.
You must not establish a link from any website that is not owned by you.
The homepage must not be framed on any other site, unless the Company expressly agrees otherwise. The Company reserves the right to withdraw linking permission without notice. If you wish to make any use of content on the site other than that set out above, please address your request to [email protected]Please note that this is not an email address to which you should send fan mail.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The Australian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the site. Nothing in this paragraph shall deprive you of the right to bring or defend proceedings in your home state nor of the protection afforded to you by the mandatory rules of law of the country in which you live.
Thank you for visiting www.janehinchey.com.au.