Terms and Conditions

Please read these Terms and Conditions carefully before using this Website.

Terms and Conditions

This Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website are owned by Jan Allsopp (“me”, or “I”). The term “you” refers to the user or viewer of Jan Allsopp (“Website”).

Please read these Terms and Conditions (“T&C”) carefully. I reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use my Website or its Content and unsubscribe from my emails.

Website Use and Consent

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) is my property and is protected by Australian intellectual property laws.

If you have purchased a service, program, product or subscription or otherwise entered into a separate agreement with me you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.

By accessing or using this Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, you represent and warrant that you are at least 16 years old and that you agree to and to abide by these T&C. Any registration by, use of or access to the Website and its Content by anyone under age 16 is unauthorized, unlicensed and in violation of these T&C.

Intellectual Property Rights

My Limited License to You. This Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website is property solely owned by me and/or my affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

If you view, purchase or access my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, you will be considered my Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

When you purchase or access my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, you agree that:

  • You will not copy, duplicate or steal my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website. You understand that doing anything with my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website that is contrary to these T&C and the limited license I am providing to you herein is considered theft, and I reserve my right to prosecute theft to the full extent of the law.
  • You are permitted from time to time to download and/or print one copy of individual pages of the Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, for your personal, non-commercial use, provided that you give me full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.
  • You may not in any way at any time use, copy, adapt, imply or represent that my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still my property.
  • You must receive my written permission before using any of my Website and Email Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website or Email Content because that is considered stealing my work.
  • I am granting you a limited license to enjoy my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website for your own personal use, not for your own business/commercial use or in any that earns you money, unless I give you written permission that you may do so.

As a Licensee, you understand and acknowledge that this Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website have been developed or obtained by me through the investment of significant time, effort and expense, and that this Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website are valuable, special and unique assets of mine which need to be protected from improper and unauthorized use. I clearly state that you may not use this Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website in a manner that constitutes an infringement of my rights or that has not been authorised by me.

The trademarks and logos displayed on my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website are trademarks belonging to me, unless otherwise indicated. Any use including framing, meta tags or other text utilising these trademarks, or other trademarks displayed, is strictly prohibited without my written permission.

All rights not expressly granted in these terms or any express written license are reserved by me.

Your License to Me. By posting or submitting any material on or through my Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 16 years old.

When you voluntarily submit to me or post any comment, photo, image, video or any other submission for use on or through my Website, you are granting me, and anyone authorised by me, consent to make it part of my current or future Website, its Content or Emails. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by me to you. You may, however, at any time, ask me to delete this information. Your rights regarding this personal information can be found in my Privacy Policy.
You acknowledge that I have the right but not the obligation to use any contributions from you and that I may elect to cease the use of any such contributions on my Website or in my Content or Emails at any time for any reason.

Request for Permission to Use Content

Any request for written permission to use my Content, or any other intellectual property or property belonging to me, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to jan@janallsopp.com.au.

I very clearly state that you may not use any Content, including the Content of Emails, in any way that is contrary to these T&C unless I have given you specific written permission to do so. If you are granted permission by me, you agree to use the specific Content that I allow and ONLY in the ways for which I have given you my written permission. If you choose to use the Content in ways that I do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from me, and you consent to immediately stop using such Content and to take whatever actions as I may request and by the methods and in the time frame that I prescribe to protect my intellectual property and ownership rights in my Website, its Content, and the Content of Emails sent as a result of subscribing through this Website.

Digital Millennium Copyright Act. I respect others’ copyright and intellectual property rights. However, if you believe that the Content on this Website infringes upon any copyright owned by you and was posted on my Website without your authorization, you may provide me with a notice requesting that I remove the information from the Website. Any request should only be submitted by you or an agent authorized to act on your behalf to jan@janallsopp.com.au.

Personal Responsibility and Assumption of Risk

As a Licensee, you agree that you are using your own judgment in using my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website. This Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website.

Disclaimer

By purchasing and/or using my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on this Website.

Indemnification, Limitation of Liability and Release of Claims

Indemnification

You agree at all times to defend, indemnify and hold me harmless, as well as any of my affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with me.

Limitation of Liability

Unless otherwise limited by law, I will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website. I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with me. I do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged in rendering our Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, or in any way or in any location. In the event that you use my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website or any other information provided by me or affiliated with me, I assume no responsibility, unless otherwise provided by law.

Release of Claims

In no event will I be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, or on those affiliated with me in any way, and you hereby release me from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Your Conduct

You are agreeing that you will not use my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, in any way that causes or is likely to cause Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to me.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

You must use the Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website for lawful purposes only. You agree that you will not use the Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website in any of the following ways:

  • For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others
  • To send, negatively impact, or infect my Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
  • To cause annoyance, inconvenience or needless anxiety
  • To impersonate any third party or otherwise mislead as to the origin of your contributions
  • To reproduce, duplicate, copy or resell any part of our Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website in a way that is not in compliance with these T&C or any other agreement with me.

Online Commerce

Certain sections of the Website or its Content may allow you to make purchases from me or from other merchants. If you make a purchase from me on or through my Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both me, the merchant, and our payment processing company. Please review my Privacy Policy for how I comply with securing your personal data.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through my Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that I shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from mine. I have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through my Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.

You release me, my affiliates, my payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against me or them, arising from your purchase through or use of Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website.

Termination

I reserve the right in my sole discretion to refuse or terminate your access to the Website, its Content, and the Content of Emails you receive as a result of subscribing through this Website, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or me.

If you have any questions about these T&C, please contact me at jan@janallsopp.com.au.
Last Updated: August 2018