- By using our Website, you confirm that you agree to our terms and conditions of use described below.
- If you do not agree with these Terms and Conditions of Use, please do not use this website.
- We reserve the right, at our sole discretion, to make additions, deletions, or other changes to our Terms and Conditions of Use at any time.
- It is your responsibility to check these terms periodically for any changes.
- Continuing to use SamHenderson.com.au following the publishing of any such changes means you accept the changes.
- You understand, accept and agree that SamHenderson is not providing financial advice in any product or service it offers.
- The Terms and Conditions of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and Conditions and limitations of liability set out in the Terms and Conditions will survive.
Automatic termination of access
- We will immediately terminate access to the Website for any users found to be intentionally misusing the site including but not limited to hacking of the site, the sharing with non-paying customers of material that is normally only accessible to paying customers and the use of rude or inappropriate usernames and passwords.
- You must complete the registration details accurately. By becoming a Website customer (“Subscriber”) for any of the services offered by the Website, you represent and warrant that the information you provide is complete and accurate, and you have the right to use it. You must not use any incomplete, false or inaccurate information for purposes of becoming a Subscriber. We may accept or reject your application to become a Subscriber for any reason whatsoever. If we determine that the information that you provide us is inaccurate or misleading in any way then we may terminate your subscription.
Free and Paid services
- Certain products, services, information and materials provided through this Website are provided free of charge whilst others require payment. We reserve the right at our exclusive discretion to vary the mix of free and paid features offered to users and the right to discontinue any free services at any time of our choosing.
Passwords and Password Access
- You must keep your password confidential and not share it with anyone else. If you share your password with another person then it is possible that your personal information may be misused in which case we cannot be responsible for any loss or damage that you might suffer.
- You must immediately notify us if you learn of or suspect any loss or if you suspect theft of your identity, registration information or password or any unauthorised use of your identity, registration information or password.
- If an unauthorised person uses your identity, registration information or password to access the Website, you must use your best efforts to ascertain the source and manner of access and let us know as soon as possible. You agree to cooperate and assist us with any investigation that we may carry out.
- We cannot be held responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.
- We may at any time and without notice to you, discontinue the Website in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.
- In relation to the Website, you must not:
- use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
- use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
- use the Website to send unsolicited email messages;
- in any way tamper with, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via the Website; or
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
Restrictions on materials
- All materials on this site are published by SamHenderson.
- The materials posted on this site by SamHenderson may be retrieved solely for your own personal, noncommercial use. They may be downloaded to a single computer or sent to a printer solely for that purpose, provided that you do not remove any copyright or other legal notices from that material. For purposes of these terms, the use of or sharing of any such material on any other website or networked computer environment is prohibited.
- You may not otherwise copy, create derivative works from, modify, distribute, transmit, license, sell or make use of in any other way the contents of this site without the express permission of SamHenderson.
- You retain copyright in the material you send us. The act of sending it to us automatically grants us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to display it on the Website and worldwide rights including moral rights to display it in any advertising related to the site that we may undertake plus the rights to distribute, sublicense, reproduce or publicly perform or display it for any purpose SamHenderson chooses, whether commercial or otherwise, without any compensation to you.
- By posting or submitting material to us you represent that you have the authority to do so and such material will not infringe the rights, including copyright, of any third party. You shall not submit to this site any materials which libel, defame, invade privacy, or are obscene or pornographic; violate any law or regulation; advocate illegal activity; or advertise or are a solicitation for goods or services.
- You agree to indemnify SamHenderson and its officers, directors, employees, and suppliers from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your submission of any materials in violation of the foregoing restrictions.
- We reserve the right to review, edit or delete any material submitted to us.
Notwithstanding the above, SamHenderson expressly disclaims any responsibility or liability for any material communicated by third parties through this website or for any claims, damages or losses resulting from the use thereof.
Links from the Website
- As a service to users of this site we may link to other sites on the Internet. We review these websites carefully before linking to them to make sure their content is safe for our audience. Given the frequency of changes to websites, however, we cannot guarantee, or take responsibility for, their content.
- Sites we link to may link to sites we do not approve of. For these reasons you assume sole responsibility for your use of third party links.
- All trademarks, logos, images and content of sites not affiliated with SamHenderson are the property of their respective owners.
- Any rights and remedies conferred on you by the Trade Practices Act and similar State and Territory Legislation in Australia in relation to goods and services provided by SamHenderson which cannot be excluded or restricted SamHenderson does not exclude, but does exclude all other conditions and warranties implied by custom, law or statute.
- SamHenderson is not providing financial advice in any product or service it offers.
- SamHenderson makes no representations or warranties with respect to this site or its contents (including, without limitation, material communicated by third parties), which are provided on an “as is” and “as available” basis. SamHenderson disclaims all warranties and conditions with regard to such information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringment.
- SamHenderson makes no representations nor warranties that the services provided by this site will be uninterrupted, error-free, that defects will be corrected, or that the site or server that hosts it will be free from computer viruses or other harmful components.
- SamHenderson does not warrant that the information available in this site is accurate, complete or current.
- In no event shall SamHenderson and/or its suppliers or anyone else connected with the creation or delivery of the site be liable for any direct, incidental, or consequential damages such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting from the use of this site, whether based on contract, tort (including, but not limited to, negligence), strict liability, or otherwise, even if SamHenderson and/or its suppliers have been advised of the possibility of damages.
- Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- This site is controlled by SamHenderson in Australia and is governed by and construed in accordance with the laws of the state of New South Wales, Australia regardless of the place or places of its physical execution and performance and without regard to conflicts of law provisions.
- You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
- SamHenderson makes no representation that the materials contained in the site are appropriate or authorised for use in all countries, states, provinces or any other jurisdictions.
- Those who choose to access this site do so on their own initiative and risk and are responsible for compliance with all applicable local laws.
- If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
- Any rights not expressly granted herein are reserved to SamHenderson.
EFFECTIVE DATE: 01/01/2015