Terms of Use

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WEBSITE TERMS OF USE

Kerry Anne Sullivan owns and operates the website with URL address www.kerrannesullivan.com (the “Website”). Should you continue to use this Website and any products and services offered through it (collectively the “Service”), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with the Privacy Policy and Terms of Sale govern Kerry Anne Sullivan’s relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

The term “Kerry Anne Sullivan” or “I”, “me”, “us”, “our”, or “we” refers to Kerry Anne Sullivan, the owner of the website. The term ‘you’ or ‘your’ refers to the website user.
Your use of this website is subject to the following terms and conditions (“Terms of Use”):

1. GENERAL
(1) By using the Service, you are agreeing to all of the Terms of Use, as may be updated by Kerry Anne Sullivan from time to time. You should check this page regularly to take notice of any changes that may have been made to the Terms of Use.
(2) Access to this Website is permitted on a temporary basis and Kerry Anne Sullivan reserves the right to withdraw or amend the Service without notice. Kerry Anne Sullivan will not be liable if for any reason the Website is unavailable at any time for any period. From time to time she may restrict access to some parts or all of this Website.
(3) Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
(4) Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
(5) This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.

2. COPYRIGHT
All content, logos, photographs, artwork, designs, audio, video and other media used on this website are the property of Kerry Anne Sullivan. It must not be used, copied, reproduced or distributed in any way without written permission from Kerry Anne Sullivan.

3. LINKING TO THIS WEBSITE
(1) You may link to Kerry Anne Sullivan’s home page, provided you do so in a way that is fair, legal and does not damage her reputation or the reputation of the Website 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 her part where none exists.
(2) 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. Kerry Anne Sullivan reserves the right to withdraw linking permission without notice.

4. INDEMNITY
(1) You agree to indemnify, defend and hold harmless Kerry Anne Sullivan, her employees, consultants, agents, and affiliates (if any) from any and all third party claims, suits, demand, action, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Use.
(2) In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
(3) We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
(4) We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.
(5) Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

5. MEDIATION AND DISPUTES
(1) Kerry Anne Sullivan will try to resolve disputes as and when they arise in the first instance.
(2) If a dispute between you and Kerry Anne Sullivan cannot be resolved then the parties must make application for Mediation at the Victorian Small Business Commissioner.

6. MISCELLANEOUS
(1) You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
(2) 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 all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. In addition, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
(3) If you breach these conditions and Kerry Anne Sullivan takes no action, she will still be entitled to use her rights and remedies in any other situation where you breach these conditions.
(4) Your use of this website and any dispute arising out of your use of it is subject to the laws of Victoria.

7. ENTIRE AGREEMENT
(1) The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Kerry Anne Sullivan. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by a Kerry Anne Sullivan herself.

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