Terms of Service

Terms of Service

KATE WESTWOOD WEBSITE TERMS AND CONDITIONS OF USE

  1. 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.
  2. 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.
  3. 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
    Member to:
    (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
    use.
    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
    process),
    to you.
    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.
  4. Privacy
    Kate Westwood Regency Romance Author takes your privacy seriously and any
    information provided through your use of the Website and/or content are subject to Kate Westwood Regency Romance Author's Privacy Policy, which is available on the Website.
  5. 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
    convenience.
  6. 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.
  7. 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
    provision;
    (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. Indemnity
    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.
  9. Dispute Resolution
    9.1. Compulsory:
    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).
    9.2. Notice:
    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.
    9.3. Resolution:
    On receipt of that notice ('Notice') by that other party, the parties to the Terms
    ('Parties') must:
    (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
    her nominee;
    (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.
    9.4. Confidential
    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.
  10. 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.
  11. 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.
  12. Severance
    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.
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