Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to www.aussiesupermoms.com (the ‘Website’). The Website (the
‘Services’).
1.2. The Website is operated by Etelka Koshemakin . Access to and use of the
Website, or any of its associated Products or Services, is provided by Etelka
Koshemakin. Please read these terms and conditions (the ‘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.
1.3. Etelka Koshemakin reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Etelka Koshemakin 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.
2. 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 Etelka Koshemakin in the user interface.
3. Copyright and Intellectual Property
3.1. The Website, the content and all of the related products of Etelka Koshemakin
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 Etelka Koshemakin or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or
licensed by Etelka Koshemakin, who grants to you a worldwide, non-exclusive,
royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in
your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial
use.
Etelka Koshemakin does not grant you any other rights whatsoever in relation to
the Website or the content. All other rights are expressly reserved by Etelka
Koshemakin.
3.3. Etelka Koshemakin 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:
(a) business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(c) 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),
to you.
3.4. You may not, without the prior written permission of Etelka Koshemakin 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.
4. Privacy
Etelka Koshemakin takes your privacy seriously and any information provided through
your use of the Website and/or content are subject to Etelka Koshemakin’s Privacy
Policy, which is available on the Website.
5. General Disclaimer
5.1. 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.
5.2. Subject to this clause 5, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(b) Etelka Koshemakin 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.
5.3. 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 Etelka Koshemakin make any
express or implied representation or warranty about the content or any products
or content (including the products or content of Etelka Koshemakin) 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:
(a) 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;
(b) 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);
(c) costs incurred as a result of you using the Website, the content or any of
the products of Etelka Koshemakin; and
(d) the content or operation in respect to links which are provided for your
convenience.
6. Limitation of liability
6.1. Etelka Koshemakin’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.
6.2. You expressly understand and agree that Etelka Koshemakin, 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.
6.3. You acknowledge and agree that Etelka Koshemakin 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.
7. Termination of Contract
7.1. If you want to terminate the Terms, you may do so by providing Etelka
Koshemakin with days’ notice of your intention to terminate by sending notice of
your intention to terminate to Etelka Koshemakin via the ‘Contact Us’ link on our
homepage.
7.2. Etelka Koshemakin may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) Etelka Koshemakin is required to do so by law;
(c) Etelka Koshemakin 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
(d) the provision of the Services to you by Etelka Koshemakin, is in the opinion
of Etelka Koshemakin, no longer commercially viable.
7.3. Subject to local applicable laws, Etelka Koshemakin reserves the right to
discontinue or cancel your membership 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 Etelka Koshemakin’s name or reputation or violates the
rights of those of another party.
7.4. When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Etelka Koshemakin 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.
8. Indemnity
8.1. You agree to indemnify Etelka Koshemakin, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a) 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;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(c) any breach of the Terms.
9. 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 Conflict Resolution Service 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 Queensland, 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.
10. Venue and Jurisdiction
The Services offered by Etelka Koshemakin 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
Queensland, Australia.
11. Governing Law
The Terms are governed by the laws of Queensland, 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 Queensland, 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.
12. 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.
13. 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.