1. ABOUT THE WEBSITE
Welcome to www.kateaddamo.com (Website). The Website provides an opportunity to browse the site, Kate Addamo’s services and the ‘Life and Business in Flow’ podcast (Services) and various digital products listed for sale (Eproducts).
The Website is operated by Kate Addamo (abn: 78062357631) (Kate Addamo). Access to and use of the Website, or any of its associated Services, is provided by Kate Addamo. Please read these terms and conditions (Terms) carefully. Browsing and/or reading the Website 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 using the Website or any of the Services.
Kate Addamo reserves the right to review and change any of the Terms by updating this page at her sole discretion. When Kate Addamo updates the Terms, reasonable endeavours will be used to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. ACCEPTANCE OF TERMS
You accept the Terms by remaining on the Website. By remaining on the Website you warrant that:
- you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
- have read and accepted these Terms;
- and will comply with these Terms.
3. COPYRIGHT AND INTELLECTUAL PROPERTY
The Website, the Services, Eproducts and all of the related products of Kate Addamo 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 Services and 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 Services are owned or controlled for these purposes, and are reserved by Kate Addamo.
All trademarks, service marks and trade names are owned, registered and/or licensed by Kate Addamo, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you:
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;
c) and print pages from the Website for your own personal and non-commercial use.
Kate Addamo does not grant you any other rights whatsoever in relation to the Website or the Services. Kate Addamo expressly reserves all other rights.
Kate Addamo retains all rights, title and interest in and to the Website and all related Services. 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.
You may not, without the prior written permission of Kate Addamo 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.
5. USER GENERATED CONTENT
If you choose to contribute any content to the Website or any other platform operated by Kate Addamo, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
By contributing content to the Website, you grant Kate Addamo a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Kate Addamo.
Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Kate Addamo can use that information with your User Content for advertising and promotional purposes, or any other business purpose.
You confirm you own or have the right to use any copyright material included in Your Content (including replies to Kate Addamo social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Kate Addamo. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
Please ensure you keep your own copies of Your Content as Kate Addamo may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
Kate Addamo will endeavour to provide you with an appropriate credit when using Your Content on Kate Addamo platforms, though you understand and agree this may not always be possible.
Kate Addamo reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
6. MAILING LIST REGISTRATION
When you register for or purchase the Services, You are agreeing to receive promotional material, updates, and other content from Kate Addamo, and You will be registered for Kate Addamo’s Mailing List (Mailing List).
You may unsubscribe from the Mailing List at any time by selecting the unsubscribe option in Kate Addamo’s communications.
7. GENERAL DISCLAIMER
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.
Subject to this clause, 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) Kate Addamo 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.
Use of the Website, the Services and Eproducts is at your own risk. Everything on the Website, the Services and Eproducts are 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 Kate Addamo make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Kate Addamo) 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 Services, or any of its Services related products (including third party material and advertisements on the Website);
c) costs incurred as a result of you using the Website, the Services or any of the products of Kate Addamo; and
the Services or operation in respect to links which are provided for your convenience.
8. INFORMATION DISCLAIMER
Any free downloads, information, documentation, tools, social media links, Eproducts or other content provided on the Website or through the Services does not constitute business or financial advice, and are provided for general information and illustrative purposes only. Kate Addamo recommends you seek independent business or financial advice prior to relying on any information or documentation provided on the Website or via the Eproducts. Kate Addamo will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website, Eproducts or within the Services.
9. LIMITATION OF LIABILITY
Kate Addamo 's total liability arising out of or in connection with the Services, Eproducts or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Kate Addamo, 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.
You agree to indemnify Kate Addamo, 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 interaction with the Website;
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.
11. VENUE AND JURISTICTION
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.
12. 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. The validity of this governing law clause is not contested.
13. 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.
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.