Terms of Service
KATE WESTWOOD WEBSITE TERMS AND CONDITIONS OF USE
- About the Website
1.1. Welcome to https://katewestwood.net ('Website').
1.2. The Website is operated by Kate Westwood Regency Romance Author. Access
to and use of the Website, or any of its associated Products or Services, is
provided by Kate Westwood Regency Romance Author. Please read these
terms and conditions ('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. Kate Westwood Regency Romance Author reserves the right to review and
change any of the Terms by updating this page at its sole discretion. When
Kate Westwood Regency Romance Author 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.
- 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 Kate Westwood Regency Romance Author in the user interface.
- Copyright and Intellectual Property
3.1. The Website, the content and all of the related products of Kate Westwood
Regency Romance Author 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 Kate Westwood Regency Romance Author or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Kate Westwood Regency Romance Author, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a
(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
Kate Westwood Regency Romance Author does not grant you any other rights
whatsoever in relation to the Website or the content. All other rights are
expressly reserved by Kate Westwood Regency Romance Author.
3.3. Kate Westwood Regency Romance Author 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
3.4. You may not, without the prior written permission of Kate Westwood Regency Romance Author 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.
Kate Westwood Regency Romance Author takes your privacy seriously and any
- 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) Kate Westwood Regency Romance Author 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 Kate Westwood Regency
Romance Author make any express or implied representation or warranty
about the content or any products or content (including the products or content of Kate Westwood Regency Romance Author) 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 Kate Westwood Regency Romance Author; and
(d) the content or operation in respect to links which are provided for your
- Limitation of liability
6.1. Kate Westwood Regency Romance Author'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 Kate Westwood Regency Romance Author, 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 Kate Westwood Regency Romance Author 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.
- Termination of Contract
7.1. If you want to terminate the Terms, you may do so by providing Kate
Westwood Regency Romance Author with 60 days' notice of your intention to
terminate by sending notice of your intention to terminate to Kate Westwood
Regency Romance Author via the 'Contact Us' link on our homepage.
7.2. Kate Westwood Regency Romance Author may at any time, terminate the
Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
(b) Kate Westwood Regency Romance Author is required to do so by law;
(c) Kate Westwood Regency Romance Author 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 Kate Westwood Regency Romance
Author, is in the opinion of Kate Westwood Regency Romance Author, no
longer commercially viable.
7.3. Subject to local applicable laws, Kate Westwood Regency Romance Author
reserves the right to discontinue or cancel your access 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 Kate Westwood Regency
Romance Author'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 Kate Westwood Regency Romance Author 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.
8.1. You agree to indemnify Kate Westwood Regency Romance Author, 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.
- 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
(a) Within 30 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, 90 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 Australian Copyright Council or his or
(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 ……, Australia.
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 …… 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.
- Venue and Jurisdiction
The Services offered by Kate Westwood Regency Romance Author 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 New South Wales, Australia.
- Governing Law
The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.
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.