PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Red Earth Spirit and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
The information contained in this website is for general information purposes only and Red Earth Spirit is not providing any service or advice to the individual reader. This website is provided free of charge and no profit is made from it.
- 1 AMENDMENT OF TERMS
- 2 LIMITATION OF LIABILITY
- 3 DISCLAIMER
- 4 ACCEPTABLE USE
- 5 COMPETITION AND CONSUMER ACT
- 6 LINKS TO OTHER WEBSITES
- 7 YOUR PRIVACY
- 8 THIRD PARTIES
- 9 DISCLOSURE OF INFORMATION
- 10 EXCLUSION OF COMPETITORS
- 11 COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
- 12 WHOLE AGREEMENT
- 13 EXCLUSION OF UNENFORCEABLE TERMS
- 14 JURISDICTION
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and our rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
By using our services, you agree that we are not to be held liable for any decisions you make based on any of our information or services and any consequences, as a result, are your own. Under no circumstances can you hold us liable for any actions you take nor can you hold us liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques that may be used or provided by us.
Information on the website is for general information purposes only and does not in any way, nor is it intended to substitute professional, financial or legal advice. No service or advice is being provided to the individual reader. You should not reply on any blogs or comments as advice. Results are not guaranteed and we take no responsibility for your actions, choices or decisions.
To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
It is your sole responsibility and not the responsibility of us to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
The information in this website should not be used to diagnose, prevent, treat or cure any sickness, disease, health or medical condition and is not meant to substitute medical or health advice or treatment. If you have any mental health concerns, you should consult with a qualified medical professional before acting upon or using any information from the website. Never disregard professional medical advice or delay in seeking it because of something that you have read in this website.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Services provided by us, including but not limited to the ability for users to post comments, can only be used for lawful purposes. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the services. You agree that we are not liable for any content that you may publish, post, upload or disseminate through our services. You agree to indemnify us against any claims that may arise as a result of your use of the services.
We may, but are not obligated to, monitor or review your use of the service. We reserve the right to suspend or terminate the services with or without notice in the event of any material or conduct that in our judgment violates the acceptable use of the services.
You may not use the services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited:
- Infringing the intellectual property or other proprietary rights of others
- Publish, post, upload or distribute material that is defamatory, abusive, threatening or bullying, or that incites violence or hatred towards anyone
- Phishing or engaging in identity theft
- Distributing computer viruses, worms, trojan horses or other malicious code
- Advertise or offer to sell or buy any goods and services for any business purpose
- Publish or post URLs, email addresses, website links, or messages as a means of self-promotion
- Publish or post URLs, email addresses, or website links as a means to divert traffic from the site, or which undermines our services
- Create a false identity for the purposes of misleading others
- Undermine this website’s services in any way
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
LINKS TO OTHER WEBSITES
We may from time to time provide links to other websites, and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites. We take no responsibility for any of the content found on the linked websites.
Our website may contain information provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Our secure server software encrypts all user information before it is sent to us. Furthermore, all user data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or user information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting user needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our user agreements; or to protect the rights, property or safety of our users or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Red Earth Spirit. Red Earth Spirit expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Red Earth Spirit will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Red Earth Spirit reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
We expressly reserve all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
This website and its contents are the copyright of Red Earth Spirit. © All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not distribute the content except with our express written permission. You may not transmit it or store it on any other website or other form of electronic retrieval system.
We respect the copyright of others. If you believe your copyright has been infringed on this site please contact us with details of the material in question and we will look into it as a priority.
These terms and conditions represent the whole agreement between you and us concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Victoria. If there is a dispute between you and us that results in litigation then you must submit to the jurisdiction of the courts of Victoria.
Last updated 3rd April 2021.