These terms and conditions of use (T&Cs) govern your use of davidwerdiger.com, www.nathansonpearson.com.au and all related sites (Website). Please read these T&Cs carefully. By registering for or using this Website, you thereby accept these T&Cs. Any violation of these T&Cs may result in the termination of your account as detailed in these T&Cs.
You must not use this Website if you do not agree with these T&Cs.
This Website and all of its content (Content) is operated and owned by Nathanson Pearson Pty. Ltd. (ACN 12 121 026 757) (NP).
Use of this Website
You may only use this Website and the Content on this Website for personal purposes, unless we provide express written consent.
You must not:
- copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of this Website or any Content contained on this Website, by any means;
- do anything that imposes an unreasonable load on this Website, or interferes or disrupts this Website or any network or website connected to this Website;
- breach the security of this Website, test or scan the vulnerability of this Website, or make any unauthorised modifications to this Website;
- interfere with any other person’s use or enjoyment of this Website, including by using mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks or any similar activity. Intentional interference also includes the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s session, via any means, locally or via the internet;
- post, or transmit to this Website any abusive, obscene, defamatory, or otherwise inappropriate material;
- attempt any unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network (including this Website) or to breach security or authentication measures;
- use any manual or electronic means to avoid any use limitations placed on this Website, such as timing out;
- allow unauthorized access to accounts, including any account passwords;
- use this Website or any Content in any way that is unlawful, illegal or breaches our rights or the rights of any third party;
- Forge packet header, e-mail header or any part of a message header. This prohibition includes the use of aliases or anonymous remailers or VPNs; or
- use this Website in any way that otherwise breaches these T&Cs.
3rd Party Websites
This Website may contains links to other web sites controlled by third parties (3rd Party Websites). We are not responsible for any content on 3rd Party Websites nor do we endorse or approve such websites. If you choose to visit these 3rd Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on them.
We make no representations about the quality or accuracy of material available on 3rd Party Websites, or that such material does not infringe anyone’s intellectual property rights.
Unless otherwise indicated, copyright and all other intellectual property rights in the Content and any other material published on this Website subsists in NP and is subject to copyright.
Reproduction of all or any part of the contents of this Website is prohibited, except to the extent permitted below.
The information on this Website may be viewed online only for personal use. No part of the information may be reproduced, adapted, uploaded or linked to or otherwise distributed, copied or used for any commercial purpose whatsoever.
If you wish to reproduce or otherwise use any of the information contained in this website, it is your responsibility to obtain approval for such use from the copyright owners.
Any failure to adhere to the above copyright obligations will infringe our intellectual property rights.
Disclaimer and Limitation of Liability
We accept no responsibility for the completeness or accuracy of any of the information contained on or accessed through this Website and we make no representation about its suitability for any particular purpose. You should make your own judgments about these matters.
To the extent permitted by law, we exclude all liability for loss or damage arising from the use of, or reliance on, the Content or any other information contained on or accessed through this Website, whether or not caused by any negligence on our part or the part of our customers, contractors or agents.
Information or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through our Website either as a result of hacking or material placed on linked websites. We make no representations as to the suitability of the information accessible for viewing by minors or any other person.
You assume all risks associated with use of this Website including, without limitation:
- the risk of your computer, software or data being damaged by any virus which might be transmitted or activated via this Website or your access to it; or
- the risk that the Content of this Website and linked websites complies with the laws of any country outside Australia.
Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.
If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Termination of Use
You may stop using this Website, at any time, for any reason.
We reserve the right in our absolute discretion to suspend or terminate at any you’re your access to this Website without notice for any reason, including but not limited to a breach of these T&Cs. The suspension or termination will not affect your or our rights or liabilities.
We may disclose any information we may have about a user in relation to an investigation or allegation that your use of this Website is in breach of these T&Cs, or is in breach of law or other regulation. We reserve our right to identify, or bring legal action against, any person who is breaching these T&Cs, including obtaining injunctive relief.
Variation to Terms
We may vary these T&Cs at any time. By continuing to use this Website, you consent to any such variations.
We will not notify of these variations and it is your responsibility to regularly check these T&Cs for any variations.
These T&Cs are governed by the laws of the State of Victoria in Australia, and any dispute in relation to these T&Cs or your use of this Website will be the exclusive jurisdiction of the Courts of the State of Victoria in Australia.
If any of these T&Cs are unenforceable or held to be invalid, such provision(s) will be removed from these T&Cs and the amended T&Cs will remain in full force and effect.
Any failure by us to act or enforce these T&Cs, will not be considered a waiver of our right to take any such action.
These Terms and Conditions are dated 1 August 2023.