1. About the Website
2. Acceptance of the Terms
(a) 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 Troy Overend – (Sole Trader) in the user interface.
3. Subscription to use the Services
(such as identification or contact details), including:
(Sole Trader); or
Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
guidelines in the relevant jurisdictions;
password and/or email address. Use of your password by any other person
may result in the immediate cancellation of the Services;
parties, is strictly prohibited. You agree to immediately notify Troy Overend – (Sole Trader) of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(Sole Trader) providing the Services;
commercial endeavours except those that are specifically endorsed or
approved by the management of Troy Overend – (Sole Trader);
other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Troy Overend – (Sole Trader) for any illegal or unauthorised use of the Website; and
6. Refund Policy
Troy Overend – (Sole Trader) will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Troy Overend – (Sole Trader) makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).
7. Copyright and Intellectual Property
Troy Overend – (Sole Trader) does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Troy Overend – (Sole Trader).
patent, registered design or copyright, or
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 Troy Overend – (Sole Trader) 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 Services or third party Services 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.
9. General Disclaimer
not expressly stated in the Terms are excluded; and
(ii) Troy Overend – (Sole Trader) 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
implied representation or warranty about the Services or any products or Services (including the products or Services of Troy Overend – (Sole Trader)) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
10. Limitation of liability
11. Termination of Contract
intention to terminate; and
(iii) closing your accounts for all of the services which you use, where Troy Overend – (Sole Trader) has made this option available to you.
Your notice should be sent, in writing, to Troy Overend – (Sole Trader) via the ‘Contact Us’ link on our homepage.
(c) Troy Overend – (Sole Trader) may at any time, terminate the Terms with you if:
the opinion of Troy Overend – (Sole Trader), no longer commercially viable.
(d) Subject to local applicable laws, Troy Overend – (Sole Trader) 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 Troy Overend – (Sole Trader)’s name or reputation or violates the rights of those of another party.
(a) You agree to indemnify Troy Overend – (Sole Trader), its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with Your Content;
on the Website or attempts to do so; and/or
13. Dispute Resolution
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).
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.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
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.
If 3 months 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.
14. Venue and Jurisdiction
(a) The Services offered by Troy Overend – (Sole Trader) 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.
15. Governing Law
(a) 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.
16. Independent Legal Advice
(a) 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.
(a) 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.