Terms and Conditions

Welcome to our website. This website with URL address http://www.evidencebasedworming.com.au is owned and operated by Evidence Based Worming (ABN 80 881 618 851). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Evidence Based Worming’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 ‘Evidence Based Worming’ or ‘us’ or ‘our’ or ‘we’ refers to Evidence Based Worming, the owner of the website, whose registered office is ABN 80 881 618 851, Australian Capital Territory. The term ‘you’ or ‘your’ refers to the website user.

Your use of this website is subject to the following terms and conditions:

1.  Policy

In using the site, you are deemed to accept the terms and conditions of our Privacy Policy.

2. Copyright

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

3. Purchase of goods and services

In purchasing goods and services from the site, you are deemed to accept these Terms and Conditions and any other terms and conditions applicable to the purchase of those goods and services which you have been advised of prior to your purchase.

4. Site access

(a) We may without notice suspend access to the site or disconnect or deny you access to any part of the site during any technical failure or maintenance period.
(b) We may also choose at our sole discretion to block or deny you access to any of the Content or Facilities contained on the site.
(c) We may make improvements and or changes to the site and the Content at any time without notice.  We do not warrant that the information architecture or navigation will not change now or at any time in future.

5. Disclaimer and limitation of liability

5.1 No duty of care

(a) You access this site at your own risk and are responsible for compliance with the laws of your jurisdiction in addition to those contained in these Terms and Conditions.
(b) We make the site available for you to use, however we do not assume a duty of care to you.  We make no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content and the Facilities.
(c) You must make your own investigations to ensure the Content is accurate before you rely on it.

5.2 Disclaimer of warranties

You expressly acknowledge and agree that, to the maximum extent permitted by law:

(a) your use of the site is at your sole risk.  The service is provided on an “as is” and “as available” basis. We, and our officers, employees and agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
(b) we make no warranty that:

(i) the Content and Facilities will meet your requirements;

(ii) the Content is accurate or reliable;

(iii) the Content and Facilities will be uninterrupted, timely, secure or error-free;

(iv) the quality the Content, or other material obtained by you will meet your expectations; and

(v) any errors or will be corrected;

(c) any Content downloaded or otherwise obtained through your use of the site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer or loss of data that results from the download of the Content; and
(d) no advice or information, whether oral or written, obtained by you from us, or through or from the Content creates any warranty not expressly stated herein;

5.3 Limitation of liability

(a) Except for certain statutory warranties under consumer protection laws we do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Content and Facilities or your use of the Content and Facilities.
(b) Subject to any claims available under consumer protection laws, we and our officers, employees and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:

(i) any inaccurate or incorrect Content;

(ii) your use of the Content and Facilities;

(iii) any failure or delay including, but not limited to, the use or inability to use any of the Content and Facilities;

(iv) any interference with or damage to your computer systems which occurs in connection with use of the Content and Facilities;

(v) the cost of procurements of substitute goods and services resulting from any goods or services purchased or obtained through the Content and Facilities;

(vi) any unauthorised access to or alteration of your Member Account information.

(c)        For claims that cannot be excluded or restricted under consumer protection laws, our liability for such a claim will (at our option and to the extent permitted by law) be limited to:

(i) in the case of goods:

    • repairing or replacing those goods; or
    • paying the cost of having those goods repaired or replaced; and

(ii) in the case of services:

  • resupplying those or equivalent services;
  • paying the cost of having those services resupplied.

6. Miscellaneous provisions

6.1 the jurisdiction

No representation or warranty is made that the Content and the Facilities complies with the laws of any country outside of Australia.  If you access the site from outside Australia, you do so at your own risk.

6.2 RSS Feeds

If you utilise any of the Facilities on the site such as RSS Feed(s) (Feed) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with.  You must include the back link to the full article on the site and show any included attestation.

6.3 Trade marks

We may be the owner of several common law (or where indicated), registered trade marks which appear on the site.  Unauthorised use of these trade marks will infringe our intellectual property rights.  If you have infringed our rights in this regard we reserve our right to take action against you.

6.4 Changes to Terms and Conditions

We may change the Terms and Conditions at our discretion by providing notice on the site.  The version of the Terms and Conditions that applies to you will be available on the site each time you visit the site.

6.5 Entire agreement

These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement between you and us.  Any contact with us, our officers, employees and agents which includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.

6.6 Indemnity

By using this site, you indemnify us and our officers, employees and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that we may incur or suffer as a direct or indirect result of:
(a) a breach of these Terms and Conditions;
(b) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the site;
(c) any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third parties copyright or trade mark.

6.7 Governing law and jurisdiction

The laws of the Australian Capital Territory and Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of the Supreme Court of the Australian Capital Territory and the Federal Court of Australia.

6.8 Severance

If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.

6.9 Waiver

If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver of our right to act with respect to subsequent or similar breaches.

6.10 Headings

Headings are for convenience only and do not form part or affect the interpretation of these Terms and Conditions.