TERMS AND CONDITIONS
This website and its contents (“Website”) is owned by Jenny Nurick. ABN: 46 630 900 160
The Terms and Conditions govern the use of this website.
Jenny Nurick reserves the right to amend these Terms and Conditions at any time with out notice. We therefore encourage you to check this document regularly.
All the information, exercises, ideas and examples contained within this website are of the nature of general comments only, and not in any way recommended as individual advice. The intent is to offer a variety of information based on the current exercise guidelines and industry practice to provide a wider range of choices now and in the future, recognizing that we all have widely diverse circumstances. Should any reader choose to make use of information contained herein without obtaining specific advice for their circumstances, this is their decision, and the contributors, Jenny Nurick and it’s associates do not assume any responsibilities whatsoever under any conditions or circumstances. It is recommended that the readers obtain their own independent advice.
The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
Jenny Nurick makes no representation that the content of the website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
Links to Third Party Sites & Third Party Advertisements
Jenny Nurick assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the website. Except as Jenny Nurick may specifically direct otherwise, Jenny Nurick does not authorise the content of those third party websites. The website may also contain third party advertisements, which contain embedded hyper-links to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of Jenny Nurick for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services, which you agree to purchase from those third parties.
Disclaimer and Liability
This website is provided on an “as is” basis. While Jenny Nurick has used its best endeavors to ensure that the information contained on and accessed through the website is correct and current at the time of publication, Jenny Nurick does not accept responsibility for any error, omission or defect in the information.
To the fullest extent permissible by law, Jenny Nurick, its affiliated companies and their respective directors, employees, agents and contractors:
(a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website; and
(b) Do not warrant that the functions on the website will be uninterrupted or error-free, that any defects will be corrected or that the server, which stores and transmits content to you is free of viruses or other harmful components.
Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Jenny Nurick, its affiliated companies or their respective directors, employees, agents and contractors) will Jenny Nurick, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Website.
You agree to indemnify and keep indemnified Jenny Nurick, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to the your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
Intellectual Property & Restrictions On Use Of Content
The website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright protected works, which is owned by Jenny Nurick, and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the website, or incorporate any part of the website into another website without Jenny Nurick’s express consent.
User Submitted Content
When you submit any materials via the website including comments, recordings and images (“Content”), you, unless Jenny Nurick advises otherwise, license and grant Jenny Nurick its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.
You agree that you are fully responsible for the Content you submit. Jenny Nurick shall not be liable in any way for such Content to the full extent permitted by law. Jenny Nurick may remove any Content without notice for any reason whatsoever. You warrant and agree that: (a) you will not submit any Content that is unlawful or fraudulent, or that Jenny Nurick may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) you will obtain prior consent from any person or property that appears in your Content; (c) you will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) your Content shall not contain viruses or cause injury or harm to any person or entity; and (e) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
Without limiting any other terms herein, you will indemnify Jenny Nurick for any breach of the above terms.
Termination and Cancellation
Jenny Nurick reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the website, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, Jenny Nurick will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Jenny Nurick’s liability will survive such termination.