Last updated: 3 August 2018
- 1.1 – These terms and conditions shall govern your use of our website, products, and services.
- 1.2 – By using our website, purchasing any of our products or services, signing up for our mailing list, or downloading any of our free resources, you accept these terms and conditions in full, even if you have not read them; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website, purchase any of our products or services, sign up for our mailing list, or download any of our free resources.
- 1.5 – This website is hosted on a reputable platform (WordPress.com) and reasonable efforts are taken to maintain and host the site. However, we make no guarantees regarding the safety of your individual use of this website. Use of this website is at your own risk.
- 2.1 – This document was created using a template from SEQ Legal (https://seqlegal.com).
3. Copyright notice
- 3.1 – Copyright (c) 2018 Allison O’Mahony.
- 3.2 – Subject to the express provisions of these terms and conditions:
- (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
- (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
- 4.1 – Subject to the other provisions of these terms and conditions, you may:
- (a) view pages from our website in a web browser;
- (b) download pages from our website for caching in a web browser;
- (c) print pages from our website;
- (d) stream video files from our website; and
- (e) save any provided PDF downloads to your computer.
- 4.2 – Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
- 4.3 – You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
- 4.4 – Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
- 4.5 – Unless you own or control the relevant rights in the material, you must not:
- (a) republish material from our website (including republication on another website);
- (b) sell, rent or sub-license material from our website;
- (c) show any material from our website in public;
- (d) exploit material from our website for a commercial purpose; or
- (e) redistribute material from our website.
- 4.6 – Notwithstanding Section 4.5, you may use our intellectual property with clear and obvious credit back to us, which must include links back to the page where the materials in question are located. However, you may never modify or claim any of my intellectual property as your own, even with attribution.
- 4.7 – We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
- 5.1 – You must not:
- (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- (e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- (f) violate the directives set out in the robots.txt file for our website; or
- (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- 5.2 – You must not use data collected from our website to contact individuals, companies or other persons or entities.
- 5.3 – You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- 5.4 – You must ensure that none of the information you supply to us through our website could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
6. Limited warranties
- 6.1 – We do not warrant or represent:
- (a) the completeness or accuracy of the information published on our website;
- (b) that the material on the website is up to date; or
- (c) that the website or any service on the website will remain available.
- 6.2 – We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
- 6.3 – To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
7. Limitations and exclusions of liability
- 7.1 Nothing in these terms and conditions will:
- (a) limit or exclude any liability for death or personal injury resulting from negligence;
- (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
- (c) limit any liabilities in any way that is not permitted under applicable law; or
- (d) exclude any liabilities that may not be excluded under applicable law.
- 7.2 – The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions:
- (a) are subject to Section 7.1; and
- (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
- 7.3 – To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
- 7.4 – We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- 7.5 – We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- 7.6 – We will not be liable to you in respect of any loss or corruption of any data, database or software.
- 7.7 – We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- 8.1 – We may revise these terms and conditions from time to time.
- 8.2 – The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.
- 9.1 – If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- 9.2 – If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- 10.1 – Due to the nature of our products and services, refunds will not be provided unless otherwise specified in/on the product in question.
11. Late payment
- 11.1 – Invoices for services rendered are sent via Paypal and payable within 7 days of the invoice date.
- Late payments are subject to a weekly 10% late payment fee each week until payment has been received.
12. Law and jurisdiction
- 12.1 – These terms and conditions shall be governed by and construed in accordance with Canadian law.
- 12.2 – Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Canada.
13. Our details
- 12.1 – This website is owned and operated by Allison O’Mahony.
- 12.2 – You can contact us using our website contact form.