The Website and its Content is owned by Jodie Humphries (henceforth referred to as the Website owner). The term “you” refers to the user or viewer of any content at jodiehumphries.com and content in and/or associated with the courses or services offered at jodiehumphries.com (henceforth referred to as the Website).
1. Introduction
1.1 Please read these Terms and Conditions (henceforth referred to as T&Cs) carefully. The Website owner reserves the right to change these T&Cs on the Website at any time without notice.
1.2 By using the Website and its Content you are agreeing to the T&C as well as the Disclaimer and Privacy Policy of the Website as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Website or its Content.
1.3 If you register with the Website, submit any material to the Website or use any of the Website services, you expressly agreeing to these T&Cs.
1.4 The content on the Website is meant for consumption by those aged 18 years or more if you are not aged 18 years or more and choose to use the Website you have agreed that the content on the Website may not be suitable for your consumption and have chosen to consume it at your own risk.
1.5 You must be over 18 years of age to purchase any goods or services from the Website owner through the Website.
1.6 The Website uses cookies; by using the Website or agreeing to these T&Cs, you consent to our use of cookies.
2. Copyright Notice
2.1 Copyright (c) Jodie Humphries 2018
2.2 Subject to the express provisions of these T&Cs:
(a) the Website owner, together with our licensors, own and control all the copyright and other intellectual property rights in the Website and the material on the Website; and
(b) all the copyright and other intellectual property rights in the Website and the material on the Website are reserved.
3.Licence to Use Website
3.1 You may:
(a) view pages from the Website in a web browser;
(b) download pages from the Website for caching in a web browser;
(c) print pages from the Website;
(d) stream audio and video files from the Website; and
(e) use the Website services by means of a web browser, subject to the other provisions of these T&Cs.
3.2 Except as expressly permitted by Section 4.1 or the other provisions of these T&Cs, you must not download any material from the Website or save any such material to your computer.
3.3 You may only use the Website for educational and informational purposes for yourself and your business, and you must not use the Website for any other purposes.
3.4 Except as expressly permitted by these T&Cs, you must not edit or otherwise modify any material on the Website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from the Website (including republication on another website);
(b) sell, rent or sub-license material from the Website;
(c) show any material from the Website in public;
(d) exploit material from the Website for a commercial purpose; or
(e) redistribute material from the Website.
3.6 You may redistribute our newsletter and magazine in print and electronic form to any person.
3.7 The Website owner reserves the right to restrict access to areas of the Website, or indeed the whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
4.Acceptable Use
4.1 You must not:
(a) use the 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 the 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 the 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 the Website without our express written consent;
(e) access or otherwise interact with the 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 the Website; or
(g) use data collected from the Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from the Website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to the Website Owner through the Website, or in relation to the Website, is true, accurate, current, complete and non-misleading.
5. Intellectual Property
5.1 Unless otherwise indicated, all materials on the Website, including text, graphics, design, names, logos, and underlying software are protected by copyright owned or licensed by the Website owner, and you acknowledge and agree that this is the case.
5.2 Except as permitted by law, you must not modify, copy, reproduce, frame, upload to a third party, post, transmit or distribute the material except as provided for in these T&Cs unless authorised in writing.
5.3 The Website owner permits the material on the Website to be downloaded to your computer for viewing and/or printing, as long as:
(a) the material is kept intact and in the same form as presented on the Website (including any copyright or other notice);
(b) it is for your personal, non-commercial use;
(c) it is used for a lawful purpose; and
(d) the material is appropriately attributed to the Website owner or the source.
6. Links to Third-Party Websites
6.1 The Website includes links to other websites that are operated by third parties. The Website owner is not responsible for and does not sponsor, endorse or approve the content or operation of those websites or any products, services or information contained in them or offered by them. You should review the privacy policy and terms and conditions of use of those websites when you visit them. With the possible exception of:
(a) Content created by the Website owner hosted on an external website, this content is covered by these T&Cs and the Disclaimer & Privacy Policy of the Website alongside the terms and conditions, disclaimer, privacy policy or any other similar policy documents associated with the host website.
7. Registration and Accounts
7.1 You may register for an account with the Website by completing and submitting the “Sign Up” form along with payment on the Website.
7.2 You must not allow any other person to use your account to access the Website.
7.3 You must notify the Website owner in writing immediately if you become aware of any unauthorized use of your account.
7.4 You must not use any other person’s account to access the Website unless you have that person’s express permission to do so.
8. User Login Details
8.1 If you register for an account with the Website, the Website owner will provide you with a user ID and password.
8.2 Your user ID must comply with the content rules set out in Section 10 and must not be liable to mislead; you must not use your account or user ID for or in connection with the impersonation of any person.
8.3 You must keep your password confidential and secure.
8.4 You must notify the Website owner in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on the Website arising out of any failure to keep your password confidential and secure and may be held liable for any losses arising out of such a failure.
9. Cancellation and/or Suspension of Account
9.1 The Website owner may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in the Website owner’s sole discretion without notice or explanation.
9.2 You may cancel your account on our website by emailing contact@jodiehumphries.com
10. Your Participation: Rules
10.1 You warrant and represent that your participation on all Jodie Humphries Writer Websites and Social Media accounts will comply with these T&Cs.
10.2 There should be nothing illegal or unlawful about your participation, you must not infringe any person’s legal rights, and you must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 You agree that with your participation in all Jodie Humphries Websites and Social Media accounts, you must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property rights;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
11. Limited Warranties
11.1 The Website does not warrant or represent:
(a) the completeness or accuracy of the information published on the 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.
11.2 The Website owner reserves the right to discontinue or alter any or all of the Website services, and to stop publishing the Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these T&Cs, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any of the Websites services, or if the Website owner stops publishing the Website.
11.3 To the maximum extent permitted by applicable law and subject to Section 10.1, the Website owner excludes all representations and warranties relating to the subject matter of these T&Cs, the Website and the use of the Website.
12. Liability
12.1 In regards to the Competition and Consumer Act. For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), the Website owner’s liability for any breach of any of these T&Cs is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
12.2 Nothing in these T&Cs 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.
12.3 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these T&Cs:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these T&Cs or relating to the subject matter of these T&Cs, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these T&Cs.
12.3 To the extent that the Website and the information and services on the Website are provided free of charge, the Website owner will not be liable for any loss or damage of any nature.
12.4 The Website owner will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 The Website owner 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.
12.6 The Website owner will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 The Website owner will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that the Website owner has an interest in limiting the personal liability of any officers and employees and, having regard to that interest, you acknowledge that the Website owner is a limited liability entity; you agree that you will not bring any claim personally against any officers or employees in respect of any losses you suffer in connection with the Website or these T&Cs (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of any officers and employees).
13. Breaches of these Terms and Conditions
13.1 Without prejudice to the Website owner’s other rights under these T&Cs, if you breach these T&Cs in any way, or if the Website owner reasonably suspects that you have breached these T&Cs in any way, the Website owner may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Website;
(c) permanently prohibit you from accessing the Website;
(d) block your IP address from accessing the Website;
(e) contact any or all of your internet service providers and request that they block your access to the Website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on the Website.
13.2 Where the Website owner suspends or prohibits or blocks your access to the Website or a part of the Website, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation, creating and/or using a different account.
14. Variation
14.1 The Website Owner may revise these T&Cs at any time.
16. Severability
16.1 If a provision of these T&Cs is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these T&Cs 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.
17. Third-party rights
17.1 A contract under these T&Cs is for the Website owner’s benefit and your benefit and is not intended to benefit or be enforceable by any third party.
15.2 The exercise of the parties rights under a contract under these T&Cs is not subject to the consent of any third party.
19. Law and jurisdiction
19.1 These T&Cs shall be governed by and construed in accordance with the State of New South Wales, Australia.
19.2 Any disputes relating to these T&Cs shall be subject to the courts of the State of New South Wales, Australia.
20. Our details
20.1 The Website is owned and operated by Jodie Humphries.
20.2 The Website owner is registered in Australia in the State of New South Wales.
20.3 You can contact the Website owner:
(a) by the Website contact form (https://jodiehumphries.com/contact/)
(b) by email at contact@jodiehumphries.com
