These terms and conditions (hereinafter "Terms") govern Your use of the following website (which is hereinafter referred to as "the Product”): https://voicesforgippsland.com/, or https://voicesforg.com/.

James-Anthony Gregory Giorlando owns and operates the website, trading as James-Anthony Gregory Giorlando ABN 67546382618.

​These Terms constitute a binding contract between You and James-Anthony Gregory Giorlando, trading as James-Anthony Gregory Giorlando ABN 67546382618.

We may also provide You with access to various other content, documentation, materials, information, goods, or services in connection with your use of the Product. In these Terms, we collectively refer to all these items as "the Items".

​These Terms govern your use of all pages of the Product and the Items.

If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms.

If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the Product immediately.

Definitions

●      "Australian Consumer Law" means the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Commonwealth).

●      "Company IP" includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content and Materials, as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials.

●      "Content" means any content, writing, images, audio-visual content or other information published on the Product.

●      "Contract" means these terms and conditions.

●      "Dispute" means any dispute, controversy or claim arising out of or about these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms.

●      "Effective Date" means the date these Terms come into force.

●      "Goods" means all goods provided by or on the Product.

●      "Identifying Information" means the information provided by You when registering to use the Items, including but not limited to Your name and email address, a username, and a password.

●      "Items" means all the Products, Materials, Goods, and Content .

●      ​"Materials" means any materials, information, or documentation that We may provide to You in connection with Your use of the Goods or Product, including documentation, data, information developed by Us or owned by Us, and other materials that may assist in Your use of Goods or Product.

●      "Parties" means both You (the user of the Product) and Us (the owner of the Product) collectively.

●      "Product" means the website, including all pages, all subpages, all blogs, all forums, all other connected pages, and all other connected internet content whatsoever, the home page or main page of which is located at https://voicesforgippsland.com/.

●      "Terms" means these terms and conditions.

●      "Third-Party Links" means links or references to websites or applications other than the Product, to content other than the Content or to materials other than the Materials, none of which are controlled by Us.

●      "Us", "We", “Our", or "the Owner" refers to James-Anthony Gregory Giorlando, trading as James-Anthony Gregory Giorlando ABN 67546382618

●      "Us", "We", “Our", or "the Owner" also includes any employees, affiliates, agents or other representatives of James-Anthony Gregory Giorlando ABN 67546382618

●      "You" or "Your" refers to the product user.

●      "Your Content" means any Content posted to or added to the Product, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.

Interpretation​

●      In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:

○      Words referring to one gender include every other gender.​

○      Words referring to a singular number include the plural, and words referring to a plural include the singular.

○      Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.

○      Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

​Your Agreement and Representations​

●      By continuing to use the Product and the Items, You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms or disagree to be bound by them, you must stop using the Items immediately. We only agree to provide you with use of the Items if you agree to these Terms.

●      By continuing to use the Product and the Items You represent and warranting us that You have the legal capacity to enter these Terms.

●      By continuing to use the Product and the Items You represent and warranting that You have complied with all these Terms.

Licence to Use Product, Content and Materials​

●      We may provide You with certain other Items concerning Your Product use.

●      Subject to these Terms, We grant You a licence to use the Product, Content and Materials solely in connection with Your use of the Items. The licence created under these Terms is non-exclusive, limited, non-transferable, worldwide, and revocable.

●      You may not use the Product, Content or Materials for any purpose other than by the licence provided under this clause, and this licence to use the Product, Content, and Materials terminates upon Your cessation of use of the Items or termination of this Contract.

Sale of Goods/Services

●      We may sell Goods or allow third parties to sell Goods on the Product. If this occurs, some specific exclusions of liability will apply, as described in the "Exclusion of Liability" clause.​

●      Please refer to Our additional terms and conditions for the sale of goods as applicable.

​Exclusion of Liability​

●      The Product, Content and Materials are provided for general information only and may change at any time without prior notice.

●      You accept and acknowledge that the Items may contain mistakes, errors, and inaccuracies.

●      ​Your use of the Product, Content and Materials is entirely at Your risk. It is Your responsibility to ensure that any Goods, Services, Materials, Content, or other information available through the Product suits Your purpose.

●      ​Neither We nor any third parties provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Items.

●      To the maximum extent permitted by law, We hereby exclude all warranties, guarantees, representations or terms (express or implied) except those expressly set out in these Terms.

●      To the maximum extent permitted by law, We hereby exclude any liability concerning the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Items.

●      To the maximum extent permitted by law, We hereby expressly exclude any liability for loss of data, interruption to Your business or any damages that are incidental to or arise from such loss of data or interruption to business.

●      To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense, including legal fees and expenses, whether direct or indirect, incurred by You in connection with Your use of the Items.

●      For Goods and/or Services sold by third parties via the Product or via Third-Party Links (hereinafter "Third-Party Goods and Services"):

○      ​You acknowledge and agree that We have no control over those Third-Party Goods and Services and that You purchase such Third-Party Goods and Services at Your own risk.

○      You acknowledge and agree that We assume no liability and provide no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of Third-Party Goods and Services.​

○      For any claim You may have against the Third-Party provider of the Third-Party Goods and Services (such as the manufacturer or vendor), You agree to pursue that claim directly with that Third-Party provider of the Third-Party Goods and Services and not with Us.

○      To the maximum extent permitted by law, You hereby release Us from any claim related to Third-Party Goods and Services, including any warranty and product liability claims.

Delivery

●      ​We may arrange for Physical Goods to be delivered by courier or Australia Post. We process deliveries promptly upon receipt of full payment.

●      Delivery of physical Goods within Australia may take between 7 and 21 days

●      Any digital Goods are delivered immediately. You acknowledge and accept the inherent risks of downloading any digital Goods. Please contact Us using the details at the end of these Terms if You experience technical problems regarding the delivery of digital Goods.

●      We take no responsibility for lost or damaged goods during delivery.

●      We may choose at Our sole discretion whether to replace Goods lost or damaged during delivery.

●      Any disputes regarding physical Goods that are lost or damaged during delivery should be directly addressed with the relevant courier company or with Australia Post, as applicable.

Returns/Refunds/Repairs

●      We manage returns, refunds, and repairs according to Our obligations under the Australian Consumer Law.

●      If you are seeking a return, refund, or repair, you may contact us using the details at the end of these Terms. Please provide full details about your valid reason for return, refund, or repair so that your request will be managed promptly.

●      Please refer to Our Exchange and Refund Policy for further information.

Indemnity

​You hereby indemnify Us (which, for clarity, also includes any of Our employees, affiliates, agents or other representatives). You agree to defend Us and to hold Us harmless about any claims, suits, demands, actions, liabilities, costs and expenses (including legal fees and expenses on a full indemnity basis) that may arise from or relate to Your use or misuse of the Items. You agree that we may select our legal representation and participate in our legal proceedings.

Termination

●      We may terminate these Terms immediately, with or without cause.​

●      We expressly reserve the right to terminate these Terms if You breach these Terms in any way.

●      These Terms terminate automatically if we cease to operate the Product for any reason.

●      If You have registered for an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.

●      At the termination of these Terms, any provisions which would by their nature be expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in the "Exclusions of Liability" clause.

​Other Action

●      ​We reserve the right to take any of the following actions in Our sole discretion:​

○      ​Monitor, review, edit or delete any Content You have added, uploaded, or posted to the Product or through the other Items, whether You have breached these Terms.

○      Record any correspondence that occurs in public sections of the Product.

○      Review any allegations about breaches of these Terms and determine at our sole discretion whether to take any action in response to those breaches, including removal of any Content about those breaches.

○      Determine in Our sole discretion whether to terminate Your or another Product user's access to any section or sections of the Product or other Items.

Acceptable Use

●      You agree not to use the Product or the Items for any unlawful or prohibited purpose under this clause. You agree not to use the Product or the Items in any way that could damage the Product, the Items, or Our general business. ​

●      You further agree not to use the Product or the Items:

○      ​to harass, abuse, or threaten any other person or to otherwise violate any other person's legal rights.​

○      to violate any intellectual property rights of Us or any third party.

○      to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.

○      to commit any fraud.

○      to engage in or create any unlawful gambling, sweepstakes, or pyramid schemes.

○      to publish or distribute any obscene or defamatory material.

○      to publish or distribute any material that incites violence, hatred or discrimination towards any person, group, or community.

○      to unlawfully gather information about others.

●      ​Unauthorised use by You of the Items may be a criminal offence and may give rise to a claim for damages.

Variation of Terms

●      ​You hereby acknowledge and agree that these Terms may be varied or amended from time to time at Our sole discretion. If you continue to use the product following any such variation or amendment, you will be deemed to have confirmed and agreed to the new terms as they are varied or amended.

●      You agree to monitor these Terms routinely and to refer to the Effective Date posted at the top of these Terms to monitor any modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms.

●      If You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.

​Third-Party Links

●      ​You hereby acknowledge that We may occasionally include links or references to other websites, other content, or other materials (hereinafter "Third-Party Links"), none of which are controlled by Us.

●      You hereby acknowledge that these Third-Party Links are provided for Your information only and that We do not make any representations, warranties, or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality, or suitability for a particular purpose of these Third-Party Links. We do not endorse, approve, or support these Third-Party Links. You use the Third-Party Links at Your own risk.

​Affiliate Marketing and Advertising

●      We may engage in affiliate marketing through the product and other items, whereby we receive a commission on or a percentage of the proceeds of sales of Third-Party Goods and Services that occur through Our Product and other Items.​

●      Through the Product and other Items, we may accept advertising and sponsorships from commercial businesses, whereby third parties pay us to advertise or through o on the Product or other Items, or we may receive other advertising compensation.

Changes to Product

●      You acknowledge and agree that at our sole discretion, we may vary, alter, amend, change, or update the Content, Materials or the Product at any time.

●      You acknowledge, agree, and accept that the Product may be unavailable occasionally (whether due to maintenance or for any other reason).

●      You acknowledge, agree, and accept that We take no responsibility for, and to the maximum extent permitted by law, we shall not be liable in any way for the Items being temporarily unavailable, whether due to reasons within our control or not.

Intellectual Property

●      ​The Items contain intellectual property owned by Us and/or licensed to Us. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content, Materials and Goods, as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Items (hereinafter "Company IP").

●      You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.

●      You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.

●      You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from Us.

●      ​You hereby acknowledge and agree that by adding, posting, or uploading any Content on the Product (hereinafter "Your Content"), you grant Us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, and transferrable right and licence to use Your Content in any way We choose. This licence includes a right and licence to:​

○      reproduce, copy, alter or make derivative works from Your Content in any way We choose; and

○      display, communicate to the public, broadcast, or transmit Your Content in any way We choose; and

○      ​authorise any other person, company, or organisation to use Your Content in any way We choose.

●      ​You represent and warrant to Us that You have all necessary rights to grant the licences and provide the consents set out in this clause concerning "Intellectual property".​

●      All the provisions of this clause about "Intellectual property" shall survive any termination of these Terms.

User Registration

●      You may be asked to register with Us to use or access the Items.

●      If You register with Us, You may be asked to provide personal details such as Your name and email address and choose a username and password ("Identifying Information"). This Identifying Information will allow You to access the Items.

●      You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as part of the registration process.

●      You agree not to share your identifying information with any third party. If you discover that your identifying information has been compromised, you agree to notify us immediately in writing.

●      You acknowledge that you are responsible for maintaining the safety and security of your identifying information and keeping us informed of any changes to your identifying information.

●      You acknowledge that providing false, misleading information or using the Items to further fraud or unlawful activity is grounds for immediate termination of these Terms.

Privacy

​Through Your use of the Product or other Items, You may provide Us with some of Your personal information. Using the Product or Items, You authorise Us to use Your information in Australia and any other country where We operate.

●      We take Our privacy obligations very seriously.

●      Please refer to Our Privacy Policy for further information about what information we collect, how we use and store it, and your rights regarding it.

Reverse Engineering and Security

​​You agree not to:

●      reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Items; and​

●      violate the security of the Items through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user, or network.

Spam Policy

​You are prohibited from using the Items to gather email addresses and/or personal information from people, companies, or other organisations and/or for sending bulk or unsolicited emails.

General Provisions

●      Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified, or excluded by Us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.​

●      Applicable law: Your use of the Product and the Items is subject to the laws of Victoria, Australia, and each party submits to the jurisdiction of the courts of Victoria, Australia.

●      Written communication: About any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:​

○      such notice is properly given if given to the other party:

■      ​by email to an email address the other party has nominated, acknowledged or used in connection with using the Product or other Items.

■      by facsimile to a facsimile address the other party has nominated, acknowledged or used in connection with using the Product or other Items.

■      by post to a postal address the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.

○      ​such notice is taken to be received:​

■      ​If sent by email, when can the recipient retrieve the email at the relevant email address?

■      if sent by facsimile at the time of correct and complete transmission to the recipient's facsimile number by the sending machine.

■      if sent by prepaid post within Australia, five (5) days after the date of posting.

■      if sent by prepaid post to or from an address outside Australia twenty-one (21) days after the posting date.

●      No Assignment: You must not assign, sub-license, or otherwise deal in any way with your rights under these Terms without Our prior written consent.

●      ​Severability: If any clause or sub-clause of these Terms is held invalid or unenforceable, it must be read down or severed so that the remaining provisions and sub-clauses will be enforced to the maximum extent possible. In such circumstances, these Terms shall continue in full force and effect.

●      No waiver: If We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.​

●      Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.

●      Parties must take all reasonable steps: At its own expense, each party must take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events they contemplate.

●      Separate agreements: You may have other legal contracts with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise, or replace the terms of any other legal agreements You may have with Us.

Contact Us

You can contact Us about these Terms and Conditions at info@voicesforgippsland.com.