WEBSITE TERMS AND CONDITIONS OF USE
- About the Website
(a) Welcome to https://jenniferdixonauthor.com/ (‘Website’). The Website shows work
by Jennifer Dixon .
(b) The Website is operated by Jennifer Dixon. Access to and use of the Website, or
any of its associated Products or Services, is provided by Jennifer Dixon. Please
read these terms and conditions (‘Terms’) carefully. By using, browsing and/or
reading the Website, this signifies that you have read, understood and agree to be
bound by the Terms. If you do not agree with the Terms, you must cease usage of
the Website, or any of Services, immediately.
(c) Jennifer Dixon reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Jennifer Dixon updates the Terms,
it will use reasonable endeavours to provide you with notice of updates to the
Terms. Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms for
your records. - Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Jennifer Dixon in the user interface. - Copyright and Intellectual Property
(a) The Website, the content and all of the related products of Jennifer Dixon are
subject to copyright. The material on the Website is protected by copyright under
the laws of Australia and through international treaties. Unless otherwise indicated,
all rights (including copyright) in the content and compilation of the Website
(including but not limited to text, graphics, logos, button icons, video images, audio
clips, Website, code, scripts, design elements and interactive features) or the
content are owned or controlled for these purposes, and are reserved by Jennifer
Dixon or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or
licensed by Jennifer Dixon, who grants to you a worldwide, non-exclusive, royaltyfree,
revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
Jennifer Dixon does not grant you any other rights whatsoever in relation to the
Website or the content. All other rights are expressly reserved by Jennifer Dixon.
(ii) copy and store the Website and the material contained in the Website in
your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial
use.
(c) Jennifer Dixon retains all rights, title and interest in and to the Website and all
related content. Nothing you do on or in relation to the Website will transfer any:
to you.
(i) business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a thing, system or
process),
(d) You may not, without the prior written permission of Jennifer Dixon and the
permission of any other relevant rights owners: broadcast, republish, up-load to a
third party, transmit, post, distribute, show or play in public, adapt or change in any
way the content or third party content for any purpose, unless otherwise provided
by these Terms. This prohibition does not extend to materials on the Website,
which are freely available for re-use or are in the public domain. - Privacy
Jennifer Dixon takes your privacy seriously and any information provided through your
use of the Website and/or content are subject to Jennifer Dixon’s Privacy Policy, which is
available on the Website. - General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian
Consumer Law (or any liability under them) which by law may not be limited or
excluded.
(b) Subject to this clause 5, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(ii) Jennifer Dixon will not be liable for any special, indirect or consequential
loss or damage (unless such loss or damage is reasonably foreseeable
resulting from our failure to meet an applicable Consumer Guarantee), loss
of profit or opportunity, or damage to goodwill arising out of or in
connection with the content or these Terms (including as a result of not
being able to use the content or the late supply of the content), whether at
common law, under contract, tort (including negligence), in equity, pursuant
to statute or otherwise.
(c) Use of the Website and the content is at your own risk. Everything on the Website
and the content is provided to you “as is” and “as available” without warranty or
condition of any kind. None of the affiliates, directors, officers, employees, agents,
contributors and licensors of Jennifer Dixon make any express or implied
representation or warranty about the content or any products or content (including
the products or content of Jennifer Dixon) referred to on the Website. This
includes (but is not restricted to) loss or damage you might suffer as a result of
any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure
to correct defects, delay in operation or transmission, computer virus or
other harmful component, loss of data, communication line failure, unlawful
third party conduct, or theft, destruction, alteration or unauthorised access
to records;
(ii) the accuracy, suitability or currency of any information on the Website, the
content, or any of its content related products (including third party material
and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the content or any of
the products of Jennifer Dixon; and
(iv) the content or operation in respect to links which are provided for your
convenience. - Limitation of liability
(a) Jennifer Dixon’s total liability arising out of or in connection with the content or
these Terms, however arising, including under contract, tort (including negligence),
in equity, under statute or otherwise, will not exceed the resupply of the content to
you.
(b) You expressly understand and agree that Jennifer Dixon, its affiliates, employees,
agents, contributors and licensors shall not be liable to you for any direct, indirect,
incidental, special consequential or exemplary damages which may be incurred by
you, however caused and under any theory of liability. This shall include, but is not
limited to, any loss of profit (whether incurred directly or indirectly), any loss of
goodwill or business reputation and any other intangible loss.
(c) You acknowledge and agree that Jennifer Dixon holds no liability for any direct,
indirect, incidental, special consequential or exemplary damages which may be
incurred by you as a result of providing your content to the Website. - Termination of Contract
(a) If you want to terminate the Terms, you may do so by providing Jennifer Dixon with
14 days’ notice of your intention to terminate by sending notice of your intention to
terminate to Jennifer Dixon via the ‘Contact Us’ link on our homepage.
(b) Jennifer Dixon may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any
provision;
(ii) Jennifer Dixon is required to do so by law;
(iii) Jennifer Dixon is transitioning to no longer providing the Services to
Members in the country in which you are resident or from which you use
the service; or
(iv) the provision of the Services to you by Jennifer Dixon, is in the opinion of
Jennifer Dixon, no longer commercially viable.
(c) Subject to local applicable laws, Jennifer Dixon reserves the right to discontinue or
cancel your access at any time and may suspend or deny, in its sole discretion,
your access to all or any portion of the Website or the Services without notice if
you breach any provision of the Terms or any applicable law or if your conduct
impacts Jennifer Dixon’s name or reputation or violates the rights of those of
another party.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Jennifer Dixon have benefitted from, been subject to (or which have
accrued over time whilst the Terms have been in force) or which are expressed to
continue indefinitely, shall be unaffected by this cessation, and the provisions of
this clause shall continue to apply to such rights, obligations and liabilities
indefinitely. - Indemnity
(a) You agree to indemnify Jennifer Dixon, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with your content;
(ii) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(iii) any breach of the Terms. - Dispute Resolution
9.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the following
clauses have been complied with (except where urgent interlocutory relief is
sought).
9.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.
9.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his or
her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting the
foregoing undertake to pay any amounts requested by the mediator as a
pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in Canberra, Australia.
9.4. Confidential
All communications concerning negotiations made by the Parties arising out of and
in connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as “without prejudice” negotiations for the purpose of
applicable laws of evidence.
9.5. Termination of Mediation:
If 1 month have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate the
mediation and the mediator must do so. - Venue and Jurisdiction
The Services offered by Jennifer Dixon is intended to be viewed by residents of Australia.
In the event of any dispute arising out of or in relation to the Website, you agree that the
exclusive venue for resolving any dispute shall be in the courts of Australian Capital
Territory, Australia. - Governing Law
The Terms are governed by the laws of Australian Capital Territory, Australia. Any
dispute, controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted and
construed by, under and pursuant to the laws of Australian Capital Territory, Australia,
without reference to conflict of law principles, notwithstanding mandatory rules. The
validity of this governing law clause is not contested. The Terms shall be binding to the
benefit of the parties hereto and their successors and assigns. - Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable
and both parties having taken the opportunity to obtain independent legal advice and
declare the Terms are not against public policy on the grounds of inequality or bargaining
power or general grounds of restraint of trade. - Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.