Terms and Conditions

The following Terms of Use contain the terms and conditions that apply to an individual’s or entity’s use of the www.kelvinspiller.com.au site. As used in this Agreement, “We,” “Us” or “Our” refers to 'Kelvin Spiller', and “You” or “Your” refers to the user. “Site” means any 'Kelvin Spiller' site posted on the World Wide Web.

 

You are not permitted to:

a) Use the site or any materials obtained from the site to develop a database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, or any other commercial distribution mechanism;

b) Not permitted to use the site for purposes to collect any content and/or materials from the site in any manner to seek commercial financial  gain or  commercial use that results in the user being remunerated for purposes such as but not limited to ; published articles, books, e-books, website content etc.

c) If these conditions are breached the user is liable for and agrees to pay an immediate fine of (but not limited to) $2000 compensation to 'Kelvin Spiller', damages may be pursued through the Australian Courts.

 

Shop


Costs of items purchased are non-refundable.

We may make available through the site documents (e-books) for purchase. All documents are provided on a non-exclusive basis only for your personal use for non-commercial purposes, without any right to distribute or replicate. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. The documents are provided “as is”, “as available” and with “all faults”, and disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose.

Your right to access electronic product/material is not transferable or assignable. Any right given to you to obtain information or documents is not transferable or assignable.

 

Shipping


The online purchase of hardcover books from ‘Kelvin Spiller’ is available to both Australian and overseas residents. For overseas orders of a significant amount, please email us your address details and we can arrange a specific quote for International Shipping.


‘Kelvin Spiller’ uses Australia Post for deliveries within Australia. When ordering, please ensure that your delivery address is correct and is a fixed address.

‘Kelvin Spiller’ cannot take responsibility for any orders that go missing due to incorrect delivery information provided by you.

 

Restrictions and prohibitions of website use


Under no circumstances is any part of the site to be:

a) republished, displayed, distributed, transmitted, sold, rented, leased, loaned or otherwise made available in any form or by any means all or any portion of the site or any content and materials retrieved therefrom;

(b) use the site or any materials obtained from the site to develop a database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;

(c) create compilations or derivative works of any content and materials from the site;

(d) use any content and materials from the site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third-parties

(e) remove, decompile, disassemble or reverse engineer any site software or use any network monitoring or discovery software to determine the site architecture;

(f) use any automatic or manual process to harvest information from the site;

(g) use the site for research purposes to use or collect any content and/or materials from the site in any manner for commercial use that results in the user being remunerated for purposes such as but not limited to; published articles, books, e-books, website content etc. If this condition is breached the user is liable for and agrees compensation to ‘Kelvin Spiller’.

 

(h) use any other person’s name, identification, address or details unless you are their authorised representative

j) use this website in any way which may be in breach of any laws, rules or regulations or may infringe any third-party rights

k) knowingly transmit any virus or take any action which may interfere with the operation of this website.

 

Intellectual Property Rights


All editorial elements and contents of the site www.kelvinspiller.com.au (notably texts, graphics, etc.) are the exclusive property of ‘Kelvin Spiller’.

Links to third party resources remain the property of the respective authors, and publishers.

Reproduction of the contents from our site, modification, distribution, transmission, republication, display or public presentation without our prior written permission is strictly prohibited.

Security


‘Kelvin Spiller’ is unable to offer an absolute guarantee of security, in so far as the Internet is an open network, by nature sensitive to such risks.

The User of the site www.kelvinspiller.com.au hereby declares that it is aware of said risks and fully accepts them.


Under no circumstances shall the liability of ‘Kelvin Spiller’ be invoked for any injury and/or direct or indirect damage suffered by the User resulting from any interruption or malfunction, from the suspension and/or termination of the site www.kelvinspiller.com.au.

 

Limited liability

 

The material in this book is general comment only and neither purports nor intends to be specific advice related to any particular reader. It does not represent professional advice and should not be relied on as the basis for any decision or action on any matter that it covers. To the maximum extent permitted by law, the author and publisher disclaim all responsibility and liability to any person or entity, whether a purchaser or not, in respect to anything and of the consequences of anything done by any such person in reliance, whether in whole part, upon the whole or any part of the contents of this publication.

Jurisdiction
 

In the event of major difficulty or dispute between the user and ‘Kelvin Spiller’, the Parties hereby agree to seek an amicable settlement.

 

Should this fail, any such dispute shall be submitted to the relevant Australian, Victorian Courts system.
The present Conditions of Use shall be subject to Australian Law.

Should the present Terms of Use be translated, the Australian version shall prevail over all others.

Third Party Content


You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

 

As ‘Kelvin Spiller’ is unable to monitor all the content of the Internet sites linked to the site www.kelvinspiller.com.au the User hereby acknowledges that ‘Kelvin Spiller’ shall not be held responsible for any products, services and/or information available on and/or from such Internet sites. 

 

‘Kelvin Spiller’ strongly recommends that its Users read the policy on the protection of private data of each Internet site they consult.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including legal fees, related to your violation of this Agreement or use of the site.

Validity of the conditions of use


The present terms of use shall apply to the user upon connection to the site www.kelvinspiller.com.au.

 

They shall prevail over all previous Terms of Use and may be amended at any time by ‘Kelvin Spiller’. In such an event, the amendments shall be effective as soon as they are posted online.

If any modification is unacceptable to you, your only recourse is to terminate your use of our site. Your continued use of our site following our posting of a change notice or new terms of use constitutes binding acceptance of the change.

Site status


We provide our site on an “as is” and “as available” basis. We make no express or implied warranties with respect to the operation of our site or the information, content, or materials available on our site.

 

We do not represent or warrant that the information available on or through the site will be correct, accurate, timely or otherwise reliable. We do not represent or warrant that the site will be error-free, free of viruses or other harmful components, or that defects will be corrected.

We may make changes to the features, functionality or content of the site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the site.

In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruption or errors. Further, we take no responsibility for the content of any links provided through our site or for the sites of others that link to our site.

 

© Kelvin Spiller 2019