Terms & Conditions of Website Use
The following terms and conditions govern all use of the nickcondon.com, and somespacetobreathe.com websites and all content, services and products available at or through the websites (taken together, the Website). The Websites are owned and operated by Nick Condon (“NC”). The Websites and their contents are offered and must only be used on the strict condition that you unconditionally accept all of the terms and conditions contained herein and all other rules, policies and procedures as may be published from time to time on this Site by NC (together, the “Agreement”). Please read this Agreement carefully before accessing or using the Websites. By accessing or using any part of the Websites, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all of these terms, you may not access the Websites or use any services. If these terms and conditions are considered an offer by NC, acceptance is expressly limited to these terms and conditions. The Websites are available only to individuals who are at least 18 years of age.
- Your Account and the Websites. If you create an account through or on the Websites, you unconditionally acknowledge and agree that you are solely responsible for maintaining the security of your account and you are completely responsible for all activities that occur on the account and any other actions taken in connection with it. You must immediately notify NC of any unauthorised use of your account or any other breaches of security. Subject to the Australian Consumer Law, NC will not be liable and specifically excludes and disclaims any liability to you and to any third parties for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Website Visitors. NC cannot review, all of the computer software and the Websites for malware, viruses or similar defects, and cannot therefore be responsible for the effects of the same on your computer or operating system. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain technical inaccuracies, typographical mistakes, and other errors.
- Content Posted from other Websites. NC has not reviewed, and cannot review, all of the material, including computer software, made available as links on and through the Websites. NC does not have any control over those websites and webpages, and is not responsible for their contents or any consequences arising from your linking to them. By clicking onto a non-NC website or webpage, NC does not represent or imply that it endorses such website or webpage or its contents. You are responsible for taking such precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NC specifically disclaims any responsibility for any harm resulting from your use of non- NC websites and webpages.
- Copyright Infringement. NC respects the intellectual property rights of others. If you believe that material on or linked to by the Websites violates your intellectual property rights, please notify NC immediately. NC will respond to all notices, including as required or appropriate by removing the infringing material or disabling any links to the infringing material.
- Intellectual Property. This Agreement does not transfer from NC to you any NC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with NC. NC, nickcondon.com, somespacetobreathe.com, logos, registered trademarks and all other trademarks, service marks, graphics and logos used in connection with the Websites are trademarks or registered trademarks of NC. Other trademarks, service marks, graphics and logos used in connection on or displayed by the Websites may be the trademarks of third parties and your use of the Websites does not in any direct or implied way, grant you any right or licence to reproduce or otherwise use any of the NC or third-party trademarks.
- Changes. NC reserves the right, in its absolute and unfettered discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes on the Websites. Your continued use of or access to the Websites after the posting of any changes to this Agreement constitutes your complete and unconditional acceptance of those changes. NC may also, in the future, offer new services and/or features through the Websites and new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. NC may terminate your access to all or any part of the Websites at any time, with or without cause and either with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by NC if you materially breach this Agreement and fail to cure such breach within fourteen (14) days from receiving notice from NC provided that NC can terminate the Websites immediately as part of a general shut down of our services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided for use on an “as is” basis. To the extent permitted by the Australian Consumer Law, NC disclaims and excludes (as the case may be) all warranties of any kind, express or implied, including, without limitation, warranties as to the merchantability, fitness for a particular purpose and non-infringement by the Websites. NC makes no warranty that the Websites will be error free or that access thereto will be continuous or uninterrupted. You acknowledge that you download from, or otherwise obtain content or services through the Websites, at your own risk.
- Limitation of Liability. Except to the extent required by the Australian Consumer Law, in no event will NC, or its suppliers or agents, be liable for negligence, strict liability or other legal or equitable cause of action for: (i) any special, incidental or consequential damage or loss; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. NC shall have no liability for any failure or delay due to matters beyond its reasonable control.
- Indemnity. You agree to indemnify and hold harmless NC, its contractors, licensors, its directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Websites, including any breaches of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between you and NC and these terms and conditions may only be modified by NC by the posting revisions and updated onto the Websites. This Agreement, any access to or use of the Websites will be governed exclusively by the laws of the State of New South Wales and the courts and tribunals of that State. If any of these terms and conditions are held to be invalid or unenforceable, the remaining parts will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. NC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.