Terms and Conditions

Access to and use of the Power Sponsorship site is provided by the operators of this website (Power Sponsorship and Kim Skildum-Reid) (“us”, “we” or “our”) on the following conditions and according to any other directions or rules of use on this site (“Terms”).

If you access this site (other than to read these Terms for the first time), you agree to these Terms. If you do not agree to these terms, you should not review information or obtain services or goods from this site.

We reserve the right to change the Terms at any time by posting changes on-line. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you agree to all changes (including those which you are then unaware have been posted).

1. DISCLAIMERS, LIABILITY LIMITATION AND INDEMNITY

General disclaimers

Use of this site is at your risk. None of us, our affiliates, or any of their respective employees, agents, third party content providers or licensors:

  • makes any express or implied representation or warranty about, or
  • shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with,
  • this site, its use, its content or any products or services (including our products or services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  • your reliance on the completeness, accuracy, suitability or currency of the site, its content and other information provided via this site (including third party material and advertisements on this site, the content of books, blogs, social media contributors, associations, publications, or other third party material featured in the Resources section, and any material linked to, or on sites that are linked to, this site), irrespective of any verifying measures taken by us. This site is designed for general interest only. It is not advice and you should not rely on it.
  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
  • accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and your linking to any such site at your own risk.
  • defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
  • a breach by us of our Privacy Policy (other than a wilful breach).

No advice given

If you require specific advice for your individual circumstances, consult an appropriate expert directly. Do not rely on the general material on this site.

Exclusion of implied warranties

To the maximum extent permitted by law, we exclude all warranties by us that otherwise would be implied in any transactions for the supply by us of products or services offered on this site (including warranties of satisfactory quality, merchantability and fitness for purpose).

Limitation of our liability (if any) to you

Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:

  • in the case of information or services supplied or offered by us – the re-supply of the information or services or payment of the cost of doing this;
  • in the case of products supplied or offered by us – repair or replacement of the products, supply of equivalent products, or payment of the cost of doing this; or
  • the amount paid by you (if any) for accessing this site.

Indemnity

You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of:

  • your accessing or using this site or your attempts to do so (except for our costs of making this site available to you that you have not agreed to meet);
  • transacting with this site (via third-party payment gateways, such as PayPal or similar);
  • any breach by you or your agents of the Terms.

Rights we cannot exclude, limit or disclaim

This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.

2. MEMBERSHIP OF POWER SPONSORSHIP

If you register as a member of Power Sponsorship then you will remain a member until you request to be removed or that the membership is transferred to someone else. Unsubscribe links will be provided on all newsletters, announcements, and other group correspondence sent by Power Sponsorship. Use of an unsubscribe link will unsubscribe you immediately. If you request removal in any other manner besides use of the unsubscribe links provided, we will unsubscribe you manually within a reasonable time.

3. COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES

International copyright protection

The material on this web site is protected by copyright under the laws of Australia and, through international treaties, other countries.

We own or control, and reserve, all rights

Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved, by us.

Personal, non-commercial use

You are authorised to:

  • download and view content; and
  • use the software included in this site in doing this,

for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

If you are an internet service or access provider, you are authorised to grant access to this site, intact, to your subscribers.

You must not, without our prior written permission, exploit any of our site materials for commercial purposes.

Prohibited conduct

Aside from the authorised uses outlined above, you are not authorised, without our prior written permission and the permission of any other relevant rights owner, to copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose.

This prohibition does not extend to materials on this site which are specifically expressed to be freely available for re-use or replication, subject to any conditions we specify.

Creating links to this site

You are welcome to create links from your web pages to these web pages. However, you must not use our trade marks in doing so unless you have our written permission. You are prohibited from creating links directly to downloads of documents from this website unless you have our written permission. We are happy to discuss either of these issues with you.

We can use your feedback

When you send us any feedback or suggestions about this site or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.

4. TRADEMARK NOTICES

Prohibition

No trademark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.

Notice of marks

Each of our trademarks is protected in Australia and may be the subject of rights in other countries.

Other product names and images on this site may be trademarks or registered trademarks of ours, our affiliates or third parties (including advertisers and our sponsors).

The use or misuse of these trademarks, except as expressly authorised by the trade mark owner, is prohibited.

Disclaimer of association or endorsement

The use by us of another’s trademark on this site is not of itself intended to indicate any association with, or endorsement by or of, the owner of that trademark.

5. USER CONDUCT AND INDEMNITY

Lawful use only

You must use this site only for lawful purposes.

General prohibitions

You must not upload, post, or otherwise make available through this site any material which:

  • violates or infringes the rights of others (including their privacy and publicity rights).
  • is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person.
  • encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
  • restricts or inhibits any other user from using or enjoying this site.
  • affects the functionality or operation of this site or its servers or the functionality or operation of any users’ computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly).
  • breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

No promotional materials

You must not, without our prior written consent, upload, post, transmit or otherwise make available through this site any material which contains promotional material, advertising or any solicitation (whether commercial or otherwise) for products of services.

No infringement of others’ proprietary rights

You must not, without the express permission of the relevant rights owner, upload, post, transmit or otherwise make available through this site any material protected by copyright, trade mark or other proprietary rights.

Monitoring site content

If you submit material to this site, you permit us, for any reason, to:
•    monitor the content of this site, including blog comments, forums and other communications facilities, to determine compliance with these conditions; and
•    edit, refuse to post or remove any material submitted by you.

However, we do not assume any obligation to monitor or censor materials.

Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.

Disclaimer about others’ materials

You acknowledge that third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.

6. TRANSACTIONS

Disclaimers apply to all transactions

The disclaimers, liability limitation and indemnity above apply to all transactions effected through, or as a result of accessing, this site.

Products on linked sites

Third party web sites accessed through links on this site might contain representations or offers which you can accept by linking to a relevant site and executing a transaction. These are not representations or offers made by us and the relevant third party is solely responsible to you for the delivery, condition and suitability of any products or services you purchase by accessing those sites.

7. GENERAL PROVISIONS

New South Wales, Australia law applies

This site (excluding any linked, third party sites) is controlled by us from Australia. Subject to any over-riding conflict of laws principle, any disputes about this site, its contents or your dealings with us must be determined by the laws in force in New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

Unenforceable Terms

Any provision of these Terms that is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining Terms nor affect the validity or enforceability of that provision in any other jurisdiction.

Site or content may be unlawful outside Australia

We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.

Your responsibilities under laws affecting you

You are responsible for ensuring that your use of this site is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant Internet industry codes of practice).

You are of legal age

You warrant that you are of legal age and capacity. Children must not use this site without the express permission of their parents, guardians or other responsible adults.

No offers where illegality arises

Nothing on this site constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

English language

These Terms have been prepared in the English language and must be construed accordingly.

Entire Agreement

This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, and the subject matter of this Agreement. To the extent that anything in or associated with the site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.