Website Terms of Use
Sarah Barnett (referred to in this these Terms of Use as “Sarah Barnett”, “We”, “Us”, “Our”) owns and operates this website (“Website”).
Your access to and use of this Website, and information distributed in conjunction with this Website is offered to you on the basis that you accept these Terms of Use, Privacy Policy and other notices posted on this Website.
By using this Website and any content presented on this Website, you are agreeing to all of the Terms of Use, Privacy Policy and notices posted on this Website (“Terms and Conditions”) which are current at the time of your use of the Website.
If you do not agree to be bound by and comply with the Terms and Conditions, you are not permitted to access or use the information, services or Website. It is recommended that you print a copy of each of these documents for your own records.
1. Amendments to the Website Terms of Use
Sarah Barnett reserves the right to amend these Terms of Use from time to time at her discretion (Amendments). Amendments will be effective immediately. Where practicable We will endeavour to notify you of the Amendments to the Terms of Use. Your continued use of the Website following any such Amendment will represent an agreement by you to be bound by the Amendments to the Terms of Use. We suggest you check the Terms of Use regularly to ensure you are aware of the most up to date terms.
2. Website
Access to the Website is permitted on a temporary and limited basis for the purpose of browsing the Website and interacting with Sarah Barnett. Sarah Barnett reserves the right to withdraw, disable or amend the Website temporarily or permanently and any information or material on the Website without notice. Sarah Barnett will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts or all of this Website.
3. Linked Sites
This Website contains links to other websites (“Linked Sites”), which are not operated by Sarah Barnett. These links are made available as a convenience to you and do not constitute an endorsement by Sarah Barnett of the content of such third-party websites. Sarah Barnett has no control over the Linked Sites and does not make any representations regarding the content or accuracy of the materials on such third-party websites and accepts no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites.
Your use of the Linked Sites will be at your own risk and subject to the privacy policies and terms of use and service contained within each such Linked Sites, if any. Sarah Barnett welcomes the hyper-linking to the home page of this Website from other appropriate websites provided that her permission is obtained in writing prior to the creation of such links. Nevertheless, We reserve our rights to refuse to consent to such links without providing reasons for the refusal. Any linking to this Website must not impair the visitor’s viewing of the Website or user experience.
4. Privacy Policy
Our Privacy Policy, which sets out how We will use your information, can be found at [insert link]. You have read and agree to all of the terms and conditions of our Privacy Policy. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.
5. Use and Prohibitions
(a) You agree to follow all applicable laws and regulations when using this website.
(b) Access to the Website is provided to you on the basis that you must not misuse this Website. Accordingly, you will not do any of the following:
(i) use any Website material in a way that can be taken out of context or presented in a misleading or discriminatory manner;
(ii) upload, post or otherwise transmit through or to this website any content that:
(A) is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
(B) might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
(iii) commit or encourage a criminal offence;
(iv) transmit or distribute a virus, trojan, worm, logic bomb, time bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(v) hack into any aspect of the Website; corrupt data; cause annoyance to other users;
(vi) maliciously interrupt the use of the Website;
(vii) intentionally alter the format in which content is provided by us via this Website or otherwise circumvent our regular interfaces to such data; and
(viii) infringe upon the rights of any other person's proprietary rights;
(ix) redistribute any content provided by us via this Website in any manner whatsoever including by means of web pages, e-mail, online forums, or any other electronic or paper-based service or method or printed publication;
(x) sell access to or the use of this Website, including any content contained on, downloaded or accessed from this Website, except as specifically permitted in writing by Sarah Barnett;
(xi) embed or import any content provided by us into any information services (whether or not web-based), data files or application software, including without limitation blog services, e-publications or electronic bulletin boards, except as except as specifically permitted in writing by Sarah Barnett;
(xii) send any unsolicited advertising or promotional material (spam) or transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages; or
(xiii) disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorised access to any portion of this Website, its computer systems, servers or networks or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website;
(xiv) provide false information about yourself to Us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
(xv) collect information about other visitors to Our Website without their consent or otherwise systematically extract data or data fields, including without limitation any personal data or e-mail addresses;
(the “Prohibitions”).
(c) You acknowledge that breaching this Prohibitions clause would constitute a criminal offence and, if breached, Sarah Barnett will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
(d) Sarah Barnett will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
6. Transmissions and Confidentiality
You acknowledge that the transmission of information or data (including e-mails) over the internet or other publicly accessible networks is not secure, and during transmission is subject to possible interception, deletion, loss or alteration. Therefore, We do not assume any liability for any damage you may suffer or costs you incur as a consequence of any transmissions made via the internet or other publicly accessible networks, including e-mail exchanges with us (which may contain your personal information). Any information you provide to us will be handled in accordance with our Privacy Policy and whilst all reasonable efforts will be made to safeguard your information, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
7. Disclaimers, Intellectual property and content
(a) The intellectual property rights in all software, the information and Website content including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Website), made available to you on or through this Website remain the property of Sarah Barnett or her licensors and are protected by copyright laws and treaties around the world. Sarah Barnett or the original creators of such materials or their permitted licensors (where appropriate) reserve all such rights.
(b) Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, limited right to use and access the Website and the information and material displayed thereon. However, no right, title, or interest in any such materials will be granted or transferred to you as a consequence of any permitted use of such materials.
(c) This Website is for the purpose of providing information only and is not intended to provide specific professional advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.
(d) Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from Sarah Barnett for such personal, non-commercial use, provided that you do not contravene the Prohibitions contained in these Terms of Use. Any rights not expressly granted to you are reserved by Us.
(e) Any other use of materials on the Website, including any reproduction, copying, modification, sale, distribution, extraction, re-utilisation, republication, performance, transmission, downloading, display, posting, or other exploitation thereof by any means or medium is strictly prohibited unless the prior written permission of the copyright owner is obtained.
(f) You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise, unless Sarah Barnett otherwise consents in writing.
(g) By uploading, posting or otherwise transmitting any content through or to this Website, including but not limited to feedback, comments and book reviews, you grant to Us, Our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.
8. Disclaimer of liability
(a) As a visitor to this Website, you acknowledge and agree that any reliance on or use by you of any information available on this Website is at your own risk.
(b) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (“ACL”), the performance of this Website and all information and material displayed on this Website is provided on an “as is” basis without any guarantees, conditions or warranties as to its accuracy or the non-infringement of the rights of third parties.
(c) To the fullest extent permitted by law, Sarah Barnett hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute information or material, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, or any problems or technical malfunction of any telephone network or lines, computer online systems, servers, internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person’s computer as a result of using this Website, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(d) This disclaimer does not affect Sarah Barnett's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.
9. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
10. Disclaimer as to ownership of trade marks, images of personalities and third-party copyright
Except where expressly stated to the contrary all persons (including their names and images), third-party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Sarah Barnett and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Sarah Barnett.
11. Indemnity
You agree to indemnify, defend and hold harmless Sarah Barnett, her officers, employees, consultants, agents, affiliates and business partners, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use. We reserve the right to assume the exclusive control and defence of any matter subject indemnified by you, which shall not relieve you of your indemnity obligations.
12. Entire Agreement
The Terms of Use, Privacy Policy and notices posted on this Website (“Terms and Conditions”) constitute the entire agreement between Sarah Barnett and you with respect to your use of and access to this Website and any third-party website accessed via this Website.
13. Variation
Sarah Barnett has the right in her absolute discretion at any time and without notice to amend, remove or vary the information or material on the Website or any page of this Website.
14. Invalidity and Waiver
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.
A right under these Terms and Conditions may only be waived in writing signed by the party granting the waiver and is effective only to the extent specifically set out in that waiver.
15. Law and Jurisdiction
These Terms and Conditions are governed by and construed under the laws for the time being in force in Victoria, Australia and the parties agree to submit all disputes arising between them to the exclusive jurisdiction of the courts of Victoria.
16. Questions and Feedback
Please contact us at sarah(at)sarahlbarnett.com if you have an queries regarding this Website, or these Terms of Use.
Sarah would like to receive your feedback. Please send your comments to sarah(at)sarahlbarnett.com
Last updated: May 2024