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This is the official website of For Pity Sake Publishing Pty Limited (the “Website”), operated by For Pity Sake Publishing Pty Ltd (“FPS”) (together referred to as “us” or “we”).
The Website is designed to provide information on the services, products, writers and other information relating to trading activities of FPS.
Your access to and use of the Website is conditional on your acceptance and compliance with the terms, conditions, notices and limitations of liability contained in this document (the “Terms”). Your use of, and/or access to, the Website constitutes your agreement to the Terms. If you do not agree to be bound by the Terms, please do not use the Website.
We reserve the right to amend the Terms at any time. Amendments will take effect from the date the revised version is made available on the Website, so you should periodically check these terms to see if they have been amended.
Service delays or disruption
We cannot be 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.
You must not:
The material on the Website, including the software, design, text, images and graphics, and the selection and layout of the website are owned by or under license to FPS, and protected by Australian and international laws.
Your use of the Website does not grant you a license to use any of the trademarks or logos, whether registered or unregistered, displayed on the website without the express written permission of the trade mark owner.
You may view the Website and its contents using your web browser. In visiting the Website you may make a temporary copy of the website by means of the usual operation of your web browser only.
In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.
By using the Website, you agree to us installing cookies. If you do not agree to this, you should look to amend your browser preferences, and also expect that not all features of the Website will work optimally for you.
General information only
The content on the website is intended only to provide a general overview on matters of interest. It is not intended to be comprehensive, nor does it constitute advice in any way. We attempt to ensure that the content is current and accurate but we do not guarantee its currency and/or accuracy. You should carry out your own research and/or seek your own advice before acting or relying on any of the content.
The information contained on the Website may contain technical inaccuracies or typographical errors and is offered on an “as is” basis only. To the fullest extent permitted by law, all liability of FPS, howsoever arising for inaccuracies or errors, is expressly excluded.
Some legislation such as the Competition and Consumer Act 2010 (Cth) (and related Stated and Territory legislation, and other similar consumer protection laws and regulations in other countries) may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all other conditions and warranties.
Exclusions from Statutory Rights:
You expressly acknowledge that:
Third party links
The Website contains hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit any Linked Website entirely at your own risk.
We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content.
By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to your use of the Website by you or by any breach of these Terms.
Limitation of Liability
If any of the exclusions or limitations set out in these Terms are declared illegal or void or if there has been a breach of a term, condition, warranty statement or assurance that cannot be excluded by these Terms, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to one or more of the following:
In the case of services supplied or offered by us:
In the case of goods supplied or offered by us:
To the maximum extent permitted by law, our maximum cumulative liability under these Terms shall not exceed an amount greater than the income we have received from you in the last 3 months.
If you use the Website in breach of the Terms, your right to access and use the Website immediately ceases.
We may also terminate your access to the Website at any time and without notice.
In the event of termination, all restrictions imposed on you by the Terms and all limitations of liability set out in the Terms (except those imposed by law) will survive.
We rely upon your continued observance of the Terms. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
These Terms constitute the entire agreement between you and us in relation to your access and use of the Website and supersedes any prior agreement. Notwithstanding this, you acknowledge that any purchase of any item via this Website will be governed by separate Terms of Sale.
If any provision of the Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in the Terms are reserved.
If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you.
Neither these Terms nor your use of the Website create any agency, partnership or employee/employer relationship between you and us.
The Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales and Courts of Appeal from them for determining any dispute concerning the Terms.
If you have any questions relating to the Terms, please contact us by telephoning +61 (0)478 099 076 or email email@example.com.