1 Introduction
1.1 These Terms and Conditions of Use set out the rights
and obligations of users of the website
www.kerrymillard.com. In consideration of Kerry Millard the
owner of this website providing access to the Website all
use of the same by anyone accessing the Website is subject
to these Terms and Conditions of Use and all people
accessing the Website are deemed to understand and accept
these Terms and Conditions of Use without limitation or
qualification. If any person accessing the Website does not
accept these Terms and Conditions of Use, they should
immediately desist from using the Website.
1.2 Kerry Millard reserves the right to vary these Terms
and Conditions of Use from time to time. Such variations
will take effect immediately upon the posting of the varied
Terms and Conditions of Use upon the Website. In continuing
to use the Websites, any person accessing the Websites is
deemed to accept such variations.
1.3 Kerry Millard reserves the right to withdraw or modify
any aspect of the Website for whatever reason, whether
legal, technical or otherwise.
2 Information, Accuracy and Availability
2.1 Whilst Kerry Millard makes every effort to present
accurate and reliable material and information on the
Website, she does not endorse, approve or certify any
material and information on the Website as true or
accurate, nor does she guarantee the completeness, efficacy
or timeliness of such material and information. Reference
to any product, process or service does not constitute nor
imply endorsement or recommendation from Kerry Millard
unless expressly stated. Accordingly, Kerry Millard does
not accept any liability arising from any inaccuracy or
omission in the information provided or in relation to any
such product, process or service.
2.2 Furthermore, Kerry Millard makes no representations or
warranties about the suitability of the information
contained in the Websites for any purpose. Kerry Millard
hereby disclaims all warranties and conditions with regard
to this information, including, to the extent enforceable,
all warranties and conditions whether express, implied or
statutory, of satisfactory quality, fitness for a
particular purpose and non-infringement of third party
rights.
2.3 Any persons accessing the Website do so entirely at
their own risk.
3 Links to Other Websites
3.1 At certain places on the Website, hypertext links are
provided to enable any person accessing the Website to
directly access other third party websites. These third
party websites contain material or information created,
published and maintained by organisations independent of
Kerry Millard. Kerry Millard does not endorse, approve,
certify or control these external sites, nor any product or
service referred to on them and does not guarantee the
accuracy, completeness, efficacy, or timeliness of any
material and information appearing on such websites.
3.2 Kerry Millard assumes no responsibility for any
consequences resulting from the use of any material and
information contained on the Website or on any linked third
party websites and expressly disclaims all liability for
damage arising out of the use, reference to, reliance upon
or performance due to such information.
4 Representations and Warranties
4.1 Persons accessing the Website will not seek to amend
anything on the Website or include or create any link to
the Website without Kerry Millard’s express written
consent.
4.2 Persons accessing the Website will not remove or change
any copyright, trademark or other intellectual property
notices contained on any material copied or printed off the
Website, or use such materials for a purpose not envisaged
by these Terms and Conditions of Use.
4.3 Persons accessing the Website must not seek to
introduce any computer virus (including any variant or
similar code or instructions) to the Website, nor
deliberately seek to prevent or hinder the Website's usual
operations in any manner whatsoever.
4.4 Persons accessing the Website will indemnify and hold
harmless Kerry Millard against all and any loss, damage or
expense howsoever incurred by Kerry Millard arising from
any non observance by such person of any of these Terms and
Conditions of Use. In addition and without prejudice to any
other remedy that may be available to Kerry Millard
hereunder, in the event that any person accessing the
Website breaches any of these Terms and Conditions of Use
they will as soon as practicable and at their own cost
remedy any such breach.
5 Alerting Kerry Millard
If persons accessing the Website see anything on the
Website which appears to infringe these Terms and
Conditions of Use, please contact Kerry Millard by emailing
her via www.kerrymillard.com. It is expressly agreed that
Kerry Millard reserves the right at her sole discretion and
at any time without notice to exclude any person from
accessing the Website including in circumstances where
Kerry Millard anticipates that any persons accessing the
Website will act other than in accordance with these Terms
and Conditions of Use or establishes that such persons are
acting or have acted other than in accordance with these
Terms and Conditions of Use.
6 Intellectual Property & Use of the Website
6.1 All patents, registered designs, registered trade marks
and any applications for such registered rights, copyright,
database rights, unregistered design rights, unregistered
trade marks, trade or business names (including internet
domain names) and all other rights of a similar nature or
having equivalent or similar effect to any of the foregoing
as in each case may exist in and relating to Kerry Millard
and the Website anywhere in the world are owned by Kerry
Millard or third parties and will remain vested in them.
6.2 Persons accessing the Website may not copy, reproduce,
republish, download, post, broadcast, transmit, make
available to the public, or otherwise use the Websites’
content in any way except for your own personal,
non-commercial use. You also agree not to adapt, alter or
create a derivative work from any the Website's content
except for your own personal, non-commercial use. Any other
use of the Website's content requires the prior written
permission of Kerry Millard.
6.3 Persons accessing the Website agree to use the Website
only for lawful purposes, and in a way that does not
infringe the rights of, restrict or inhibit anyone else's
use and enjoyment of the Website. Prohibited behaviour
includes harassing or causing distress or inconvenience to
any person, transmitting obscene or offensive content or
disrupting the normal flow of dialogue within the Website.
6.4 Kerry Millard neither warrants nor represents that any
person’s use of the material displayed on the Websites will
not infringe rights of third parties.
7 Limitation of liability
7.1 Kerry Millard will not be liable to persons accessing
the Website or any third party for any direct, indirect or
consequential loss or damage howsoever caused (whether
arising out of any negligence or breach of these Terms and
Conditions of Use or otherwise).
7.2 Kerry Millard will not be liable for any failure to
perform its obligations under these Terms and Conditions of
Use caused by matters beyond its control, howsoever
arising.
8 Non-excluded Liabilities
Nothing in these Terms and Conditions of Use limit Kerry
Millard’s liability for death or personal injury resulting
from Kerry Millard’s negligence, or any other liability
which may not be lawfully excluded.
9 Assignment
Kerry Millard reserves the right to assign these Terms and
Conditions of Use and to assign or subcontract all or any
of her rights and obligations under these Terms and
Conditions of Use. Persons accessing the Website may not
without the written consent of Kerry Millard assign these
Terms and Conditions of Use.
10 Contributions
10.1 Where you are invited to submit any contribution to
the Website you agree, by submitting your contribution, to
grant Kerry Millard a perpetual, royalty-free,
non-exclusive, sub-licenseable right and license to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, make available to the
public, and exercise all copyright and publicity rights
with respect to your contribution worldwide and/or to
incorporate your contribution in other works in any media
now known or later developed for the full term of any
rights that may exist in your contribution, and in
accordance with privacy restrictions set out in our Privacy
Policy set in paragraph 15 hereof. If you do not want to
grant to Kerry Millard the rights set out above, please do
not submit your contribution to the Website.
10.2 Further to paragraph 10.1, by submitting your
contribution to the Website, you warrant that your
contribution:
* is your own original work and that you have the right to
make it available to Kerry Millard for all the purposes
specified above;
* is not defamatory;
* does not infringe any law;and
* does not violate, plagiarise, or infringe the rights of
third parties including copyright, trade mark, trade
secrets, right of confidentiality, privacy, publicity,
personal or proprietary rights.
and you indemnify Kerry Millard against all legal fees,
damages and other expenses that may be incurred by Kerry
Millard as a result of your breach of the above warranties,
and waive any moral rights in your contribution for the
purposes of its submission to and publication on the
Website and for the purposes specified above.
10.3 Kerry Millard reserves the right to remove from and
block contributions to the Websites which
* are likely to disrupt, provoke, attack or offend others
* are racist, sexist, homophobic, sexually explicit,
abusive or otherwise objectionablecontain swear words or
other language likely to offend
* break the law or condone or encourage unlawful activity
(this includes breach of copyright or right of
confidentiality, defamation and contempt of court).
* advertise products or services for profit or gain
* are seen to impersonate someone else
* include contact details such as phone numbers, postal or
email addresses
* are written in anything other than English
* contain links to other websites
* describe or encourage activities which could endanger the
safety or well-being of others
* are considered to be ‘spam’, that is posts containing the
same, or similar, message posted multiple times
10.4 If you breach these Terms of Use or otherwise engage
in any disruptive behaviour on the Website, Kerry Millard
may use whatever information that is available to it about
you to stop any further such infringements. This may
include informing relevant third parties such as your
employer or email provider about the infringement/s. Kerry
Millard reserves the right to delete any contribution, or
take action against any account, at any time, for any
reason.
11 Entire Agreement
These Terms and Conditions of Use represent the whole
agreement between persons accessing the Website and Kerry
Millard concerning the Website and they replace all earlier
agreements and understandings between such persons and
Kerry Millard. Any person who is not a party to any
agreement formed under these Terms and Conditions of Use
has no rights to rely upon or enforce any terms of these
Terms and Conditions of Use.
12 Severability
In the event that any term of these Terms and Conditions of
Use is held to be invalid or unenforceable by a court of
appropriate jurisdiction, the remaining Terms and
Conditions of Use shall remain valid and enforceable.
13 Law
These Terms and Conditions of Use shall be governed and
construed in accordance with the law of Australia.
14 Language
In the event of any conflict or inconsistency between the
terms of the English version of these Terms and Conditions
of Use and any translation, whether provided by Kerry
Millard or otherwise, the English version of the Terms of
Conditions of Use shall prevail.
15 Privacy Policy
By providing information about yourself in the "Contact"
form on this website, you agree that I may use your
information on my site.
While I will not give your email or submission to any other
party or site, anything you have submitted is available to
the public and as such may be used by them without my
knowledge.
16 Downloading: Standard Licence Terms
By downloading an RSS Feed (“Kerry Millard Feed”) or by
downloading any information, materials or logos from Kerry
Millard, you agree to be bound by the terms set out below
(the “Standard Licence”). This Standard Licence may be
updated by Kerry Millard from time to time and such updated
Standard Licence terms shall take effect from the date of
the update.
16.2 Use of Kerry Millard's content
16.2.1 You may not use Kerry Millard's Feed or display any
of Kerry Millard's Content on any Site that is a website
that is excluded by Kerry Millard (scroll down for the list
of Excluded Websites, as may be amended by Kerry Millard
from time to time).
16.2.2 You may not directly or indirectly charge users
specifically for accessing Kerry Millard's Content or
otherwise commercialise such content, or attempt to re-sell
Kerry Millard's Online Content in any way.
16.2.3 You may not directly suggest any endorsement or
approval by Kerry Millard of your Site.
16.2.4 You may not directly or indirectly change, edit, add
to or produce summaries of Kerry Millard's Online Content
or any content on the Website.
16.2.5 Should you receive any enquiries which relate to
Kerry Millard or the Content you should promptly refer such
enquiries to mail@kerrymillard.com.
16.3. Warranties and liability
16.3.1 You warrant to Kerry Millard that:
16.3.1.1 you have fully complied with, and shall continue
to comply fully with, all applicable laws and regulations;
16.3.1.2 the Site shall contain no material which is
libellous, defamatory, pornographic, obscene or which
brings Kerry Millard into disrepute, or which is in breach
of any third party intellectual property rights; and
16.3.1.3 users of the Site shall be required to comply with
terms that are equivalent to the terms of the Standard
Licence in relation to their use of Kerry Millard's Online
Content.
16.3.3 To the maximum extent permitted by law, Kerry
Millard excludes all liability to you for any loss or
damage howsoever arising out of or in connection with this
Standard Licence, including but not limited to any
liability arising in relation to the Kerry Millard Online
Content or any content on the Websites, any virus or other
contamination or any unavailability of Kerry Millard's
site.
16.3.4 Each provision of this clause 16.3 operates
separately in itself and survives independently of the
others.
16.4. Indemnity
You hereby agree to indemnify, hold harmless and defend
Kerry Millard in respect of all damages, costs and
expenses, including reasonable legal fees and litigation
expenses, arising out of or as a result of any breach of
this Standard Licence or otherwise in connection with your
use of the Kerry Millard Online Feed (including the Kerry
Millard Content).
16.5. Termination
16.5.1 You may terminate this Standard Licence at any time
by destroying or removing all copies of the Kerry Millard
Feed (including the Kerry Millard Content) from your Site,
all hard drives, networks and other storage media.
16.5.2 Kerry Millard may restrict, suspend or terminate the
Kerry Millard Online Feed, this Standard Licence or your
access to the Kerry Millard Online Feed at any time without
liability. You agree to destroy all copies of the Kerry
Millard Online Feed (including the Kerry Millard Content)
upon receiving notice of termination from Kerry Millard.
Notwithstanding the above, Kerry Millard shall retain the
right to automatically disable or terminate the Kerry
Millard Online Feed (including the Kerry Millard Online
Content).
16.5.3 Clause 16.3, 16.4 and 16.6 shall survive termination
of this Standard Licence.
16.6. General
16.6.1 Neither party may assign, charge, sublicense or
otherwise deal with its rights or obligations in this
Standard Licence in whole or in part to any third party.
16.6.2 This Standard Licence supersedes all prior
agreements, arrangements and understandings between the
parties concerning its subject matter. Each of the parties
acknowledges that it has not relied on any statement made
by the other in the course of entering into this Standard
Licence.
16.6.3 Any failure or delay by either party in exercising
its rights under any provisions of this Standard Licence
shall not be construed as a waiver of those rights at any
time now or in the future.
16.6.4 This Standard Licence shall be governed by,
construed and take effect in accordance with Australian law
and the Australian courts shall have exclusive jurisdiction
to settle any claim or dispute which may arise out of or in
connection with this Standard Licence.
16.7. Excluded websites
The Kerry Millard Online RSS Feeds and any Kerry Millard
Online Content contained in the Kerry Millard Online RSS
Feeds may only be displayed on websites that do not fall
into any one or more of the categories listed below. A Site
will be deemed to fall within one of the following
categories where there is any section of the Site that
falls within such category:
16.7.1 sites that incite hatred, whether based on race,
religion, gender, sexuality or otherwise or promote or
encourage or facilitate anti-social behaviour;
16.7.2 sites that promote, encourage or facilitate
violence;
16.7.3 sites that promote, encourage or facilitate
terrorism or other activities that risk any national
security;
16.7.4 sites that discriminate against any specific social
group or otherwise exploit vulnerable sections of society;
16.7.5 sites that promote, facilitate or encourage illegal
activity;
16.7.6 sites which are misleading, pornographic,
defamatory, or that contain illegal, or otherwise
actionable content under Australian law; or
16.7.7 sites that link to other sites deemed to fall within
clauses 16.7.1 – 16.7.6 above.
16.8 Accreditation
Any Kerry Millard Online Feed or Kerry Millard Online
Content on your Site must incorporate an attribution
(credit) to Kerry Millard in the following form:
“From www.kerrymillard.com"
