For Pity Sake Publishing

Terms of Use

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.

Prohibited conduct

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 standards or codes;
  • Use the Website to post or transmit any material that interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using this website or the Internet;
  • Use the Website to send unsolicited email messages;
  • In any way tamper with, hinder or modify the Website (including by launching any denial-of-service attack);
  • Knowingly transmit any viruses or other disabling or technologically harmful features to the Website or via the Website;
  • Attempt to gain unauthorised access to the Website, the server or servers on which the Website is stored or any server, computer or database connected to the Website;
  • Remove any copyright notice or metadata from the Website;
  • Disclose to or share with any person or entity any password or log-in details with which we may provide you or that you create for this Website, or use any such password or log-in details for any unauthorised purpose; or
  • Attempt any of the above acts or facilitate or assist another person to do any of the above acts.
  • If we enable you to post material to the Website (such as photos and/or comments), you:
  • Agree only to post material which you own or control and which does not infringe the rights of others and which does not breach any laws;
  • Grant us an exclusive, world-wide, perpetual, irrevocable, sub-licensable and transferable right to use, reproduce, adapt, publicly perform and communicate to the public that material, including by any and all means and media and for any purpose (including promotional purposes);
  • Promise that you have the right to grant such a licence and that our use of the material will not infringe the rights of any person;
  • Agree that we will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of the Website;
  • Agree not to take any action against us based on or in any way related to content you or some other person posting to the Website has uploaded or otherwise made available;
  • Acknowledge that, if relying on the above licence from you, we are not required to attribute you as the author of material, we may attribute others as the authors of the material, we may use the material in any way whether or not that constitutes “derogatory treatment” under the Copyright Act 1969 (Cth) and will be considered non-confidential and non-proprietary; and
  • At our complete discretion (for any or no reason) we may delete, edit, change or deal with all or any part of that material in any manner.

 

Intellectual Property

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.

You must not:

  • use any material on the website for commercial purposes;
  • systematically download material from the Website;
  • in any way modify the material on the website; or
  • cause any of the material on the website to be framed or embedded in another website.

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.

Cookies

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.

Disclaimer

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:

  • All material on the Website is provided to you without warranties of any kind, either express or implied;
  • We expressly disclaim all warranties of any kind including but not limited to implied warranties of accuracy, reliability, merchantability and fitness for a particular purpose;
  • To the maximum extent permitted by law and save as expressly stated in these Terms, in no event will we (including our agents, employees or contractors) be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including but not limited to: loss of profits, production, data, opportunity or goodwill; business interruption, however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of our performance or non-performance of these Terms and including any such loss:
  • We do not warrant that the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
  • We do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
    • caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it or on any website linked to it; or
    • that may arise from your use of websites to which the Websites link.

 

You expressly acknowledge that:

  • We do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website;
  • You are responsible for making all arrangements necessary to gain access to the Website (when available) or any content on it and all arrangements to protect your software, hardware and internet connectivity from any bug or virus;
  • We may change the Website and/or any content on the Website at any time and may discontinue or make the Website inaccessible at any time; and
  • You are responsible for ensuring that all people who access the Website through your internet connection are both aware of these Terms and comply with them.

 

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.

Indemnity

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:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

 

In the case of goods supplied or offered by us:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the costs of replacing the goods or acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired.

 

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.

 

Termination

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.

Miscellaneous

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.

Applicable Law

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.

Contacting us

If you have any questions relating to the Terms, please contact us by telephoning +61 (0)478 099 076 or email info@forpitysake.com.au.

For information on FPS’s privacy policy see our Privacy Policy.