Terms and Conditions
1. Introduction
1.1 These terms and conditions shall govern your use of the www.johngooley.com and www.johngooley.com.au website (this “website”) owned and operated by John Gooley.
1.2 “We", "us" and "our" refers to John Gooley and/or his staff, contractors and agents from time to time.
1.3 Your access to this website is subject to these terms and conditions, the cookies policy and privacy policy contained on John Gooley’s web-site, notices, disclaimers, any other terms and conditions or other statements contained on this website, and, if you use any of the services identified on this website for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (referred to collectively as "terms and conditions").
1.4 By accessing, viewing or using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.5 We may change these terms and conditions at our sole discretion and without notice. By continuing to use this website you accept the terms and conditions as they apply from time to time.
1.6 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.7 Our website may use cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our cookies policy and privacy policy.
2. Copyright notice
2.1 Copyright (c) John Gooley 2022.
2.2 Subject to the express provisions of these terms and conditions:
a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
c) our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights; and
d) all third party trade marks appearing on this website belong to their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
3. Licence to use website:
3.1 You may:
a) view pages from our website in a web browser;
b) download pages from our website for caching in a web browser;
c) stream audio and video files from our website; and
d) use our website services by means of a web browser, for your non-commercial, personal or internal business use, subject to the other provisions of these terms and conditions.
3.2 You must obtain our prior written permission if you would like to use, copy or reproduce any part of the website for any other purpose.
3.3 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
a) republish material from our website (including republication on another website);
b) sell, rent or sub-license material from our website;
c) show any material from our website in public;
d) exploit material from our website for a commercial purpose; or
e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute the contents of our “Resources” section of our web-site in print and electronic form to any person as long as acknowledgement is made to the source of that material.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
f) violate the directives set out in the robots.txt file for our website; or
g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Legal Disclaimers
5.1 General information
The content on our website is intended only to provide general information about John Gooley’s experience, including his areas of practice and his publications. The information contained in this website is designed to be used as a guide only and all case studies are provided for illustrative purposes only.
6. Limited warranties
6.1 We do not warrant or represent:
a) the completeness or accuracy of the information published on our website;
b) that the material on the website is up to date; or
c) that the website or any service on the website will remain available, the website is provided on an “as is”, “as available” basis and you acknowledge and agree that to the extent permitted by law, and subject to Section 7 below without representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency, completeness or security of this website.
6.2 We reserve the right to change or alter any or all of our website services by appropriate action of John Gooley, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions.
6.3 We will not be liable if this website(or any content made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if this website, or any services provided or made available through it, are unavailable for any reason, including directly or indirectly as a result of:
a) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
b) negligent, malicious or wilful acts or omissions of third parties (including our third-party service providers);
c) maintenance or repairs carried out by us or any third-party service provider in respect of any of the systems used in connection with the provision of this website;
d) any events beyond our control; or
e) services provided by third parties ceasing or becoming unavailable.
6.4 Any publication on our website or these terms and conditions are not intended to be a contract, explicit or implied, and John Gooley reserves the right to make changes in the information contained.
6.5 You also acknowledge and agree that to the extent possible under the law, and subject to Section 7 below, we do not represent, warrant or guarantee that this website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
7. Exclusion of liability
7.1 Neither John Gooley nor any his employees and agents guarantee the security of this website, gives any warranty of reliability or accuracy nor accepts any responsibility arising in any other way including by reason of negligence for, errors in, or omissions from, the information on this website and does not accept any liability for any loss or damage, however caused, as a result of any person relying on any information on the website or being unable to access this website. This disclaimer is subject to any applicable contrary provisions of the Australian Securities and Investments Commission Act 2001 (Cth)) and Competition and Consumer Act2010 (Cth).
7.2 We exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses(including, without limitation, loss of revenue, loss of goodwill, down time costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with or in any way relating to the website or any content or services provided or made available through the website;
a) we will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control; and
b) we will not be liable to you in respect of any loss or corruption of any data, database or software.
8. Third party links
8.1 Our website (or social media websites on which we maintain a presence) may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content.
8.2 By accessing these third party sites, you agree to any terms of access or use imposed by those sites.
8.3 Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us. Nor is endorsement of us implied by such links. They are for convenience only, as an index in a public library.
9. Disclaimer for liability for products or third parties
9.1 In connection with its advice and services (including any services provided through this website), John Gooley uses software, systems, technology and products supplied by third parties (whether disclosed or not). This includes information management systems, portfolio management systems and on–line information access systems (“Third Party Products”).
9.2 To the maximum extent permitted bylaw, John Gooley:
a) does not give any warranty in relation to Third Party Products, including any warranty as to features, performance or fitness for purpose of Third Party Products; and
b) shall not be liable for any claim, action or breach arising in relation to Third Party Products.
10. Breaches of these terms and conditions
10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
a) send you one or more formal warnings;
b) temporarily suspend your access to our website;
c) permanently prohibit you from accessing our website;
d) block computers using your IP address from accessing our website;
e) contact any or all of your internet service providers and request that they block your access to our website;
f) commence legal action against you, whether for breach of contract or otherwise; and/or
g) suspend or delete your account on our website.
10.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
11. Indemnity
11.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions or your employees, contractors or representatives.
12. Law and jurisdiction
12.1 These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia.
12.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
13. Variation
13.1 We may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
14. Our details
14.1 This website is owned and operated by John Gooley.
14.2 These terms and conditions are Version 1, dated 2 July 2022.
