Created Inhouse PTY LTD ATF Old Pear Tree Trust trading as HEADER ONE operates the Accommodation Marketing website: https://accommodationmarketing.com.au/ its programs, program material, products, and services.
Address: 4/12 Jetty Road, Brighton
ABN: 90 160 366 135
LEGAL POLICIES FOR HEADER ONE
This email and any attachments are proprietary and confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily reflect or represent those of HEADER ONE.
If you have received this email in error, please let us know immediately by reply email and delete it from your system. You may not use, disseminate, distribute or copy this message nor disclose its contents to anyone.
If you continue to browse and use this website you are agreeing to comply with and be bound by the following website disclaimer, together with our website terms and conditions of use.
The information contained in this website is for general information purposes only and is provided by HEADER ONE.
Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
HEADER ONE, its affiliates, and its licensors, connected services, and other platforms do not warrant that (a) the services will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the services are free of viruses or other harmful components; or (d) the results of using the services will meet your requirements. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of HEADER ONE. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, HEADER ONE takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.
WEBSITE TERMS AND CONDITIONS
Should you not agree with any of these terms and conditions, please do not use our website.
It is a requirement of this site that all users are 18 years of age and over.
The terms ‘us’ or ‘our’ or ‘we’ or ‘Consultant’ refers to HEADER ONE.
The terms ‘you’, ‘your’ and ‘Client’ refers to the website user. Your use of this website is subject to the following terms and conditions:
- By agreeing to these website terms and conditions, you represent that you are 18 years of age and over.
- The content of this website is for your general information and use only. It is subject to change without prior notice.
- All products and services listed on this website are described to the best of our abilities using the information available to us at the time. We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names or service packages without notice.
- It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Relationships of the parties
- The Consultant is an independent contractor, not an employee of the Client or any company affiliated with the Client. The Consultant shall provide services under the general direction of the Client, but the Consultant shall determine the manner and means by which the services are accomplished.
- The services do not create a partnership or joint venture, and neither Party is authorised to act as an agent or bind the other Party.
- The Client accepts that the Consultant works with other similar clients as part of HEADER ONE offerings when it comes to website builds, branding, graphic design, consulting,and other services, therefore, free to engage others to perform services similar in nature.
- Intellectual property rights
- The material on this website 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. The Client’s products, brand, and content, including all pre-existing trademarks and copyright material, shall remain the sole property of Client, and Client shall be the sole owner of all rights in connection therewith.
- The Client hereby grants HEADER ONE a nonexclusive, non-transferable license to use, reproduce, and modify the Client content solely in connection with our performance of the Consultant’s services and the production of the deliverables.
- The Client represents (informs) the Consultant and unconditionally guarantees that any elements of text, graphics, videos, photos, content, designs, trademarks, or other information and artwork furnished to the Consultant for inclusion in web pages, social media, text, images, etc. are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements.
- The Client agrees to hold harmless, protect, and defend Consultant from any claim or suit arising from the use of such elements furnished by the Client.
- The Consultant retains the intellectual rights to all items previously owned by the Consultant. The Client retains the rights to all deliverables that are not marked as Consultant property. Items that are not specifically transferred to the Client will remain the property of their respective owners.
- The Client agrees to allow the Consultant to use the Client name and website for company promotions, online portfolio, past clients list, on social media, in print material, etc. for advertising and promoting the Consultant services to other companies.
- You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website, my Notion builds or my Notion templates will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
- We make no guarantees, representations, or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the services is at your sole risk. The services, including but not limited to any advance of information or documentation, is provided on an “AS IS” and “AS AVAILABLE” basis.
- While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.
- You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
- This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. We have no control over the nature, content and availability of those websites.
- Your use of this website and any dispute arising out of your use of it is subject to the laws of South Australia. If there is a dispute between you and HEADER ONE that results in litigation then you must submit to the jurisdiction of the courts of South Australia.
- These terms and conditions relate to your use of any product or service described on our website.
- These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- Despite our best efforts, the products or services available on our Services may have an error regarding pricing, be inaccurately described, or be unavailable.
- HEADER ONE will not be responsible in the event of any loss or liability to a visitor of this website including product or service failure, misrepresentation of information, damage (whether direct, indirect, or consequential), personal injury or expense of any nature whatsoever which may be suffered by the client or its customers.
- The website user acknowledge that the internet is neither owned nor controlled by any one entity; therefore, the HEADER ONE can make no guarantee on the results that may be provided as a result of the work.
- HEADER ONE represents that in good faith it shall make every effort to ensure that the website, graphic design and all work should function for the client.
- The user does hereby expressly agree to indemnify and hold harmless the HEADER ONE, its principals, directors, partners, suppliers, agents, affiliates contractors and any third parties against all suits, actions, damages, claims, demands, or costs of any kind including but not limited to revenue loss, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, lost savings, anticipated savings, whether direct or indirect, or other incidental, consequential or special damages, punitive damages, personal injury or expense of any nature which may be suffered by the clients or its customers, to which they may be subject arising or resulting at any time or place from anything done or omitted to be done by them in connection with HEADER ONE including the website, the use of the website, the programs, program material, products, services, and or any other business transactions the user engages in.
- To the fullest extent permissible by law, HEADER ONE, its principals, directors, partners, suppliers, agents, affiliates, contractors and any third parties are not liable (whether in contract or tort) for any Australian produced, overseas manufactured, internationally sourced and or imported goods and services, and or provided by third parties to the user, including but not limited to product quality, safety, performance, faults, defects, claims, cost, use of products, information of care, appropriate warnings and or any false and misleading information.
- In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website. This includes any negligent or illegal conduct by you, any person or entity accessing the Services using your account whether such access is obtained via fraudulent or illegal means.
- You agree to indemnify, defend, and hold harmless HEADER ONE, its principals, directors, representatives, contractors, licensors, licensees, suppliers, and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
- We may include Professional Consulting and Coaching (“Coaching”) as part of the Services. By participating, you are indicating you understand that Coaching is not a partnership (defined as an alliance, not a legal business partnership) between you and the Consultant/Coach in a thought-provoking and creative process that inspires you to maximize personal and professional potential. Coaching is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals, however, results are not guaranteed, and you are responsible for any decisions you make as a result of Coaching. Your further understand that as a specialized form of consulting, Coaching is not the same as professional or licensed therapy, legal counsel, or accounting even though personal, legal, and accounting matters may be discussed as it relates to you and your business. These conversations are not to be interpreted as legal, financial, or therapeutic advice. Furthermore, you are always free to reject any advice, suggestions or requests made by the Consultant/Coach at any time as it relates to your goals.
- You acknowledge that we have not and do not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in our Services. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Services and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Services. You understand that with any business endeavour there is an inherent risk, including a loss of capital and loss of customers and therefore you assume all responsibility for any such risk.
- Dispute resolution Both parties agree:
- To contact the other Party immediately with any concerns to be resolved quickly and effectively through friendly consultation.
- In the event of a dispute, both Parties agree to the following Dispute Resolution Procedure:
- To advise the other Party in writing of the nature of the dispute, the outcome you seek, and what actions you believe will settle the dispute.
- To meet in person or Zoom in good faith to resolve the dispute by Agreement and compromise.
- If the Parties cannot resolve a dispute by negotiation and discussion within fourteen (14) days, both parties agree to proceed to mediation with the assistance of a mediator, and we agree to share the costs of mediation equally.
- If we cannot agree on a mediator, we will request a mediator appointed by the Law Society of South Australia.
- Litigation is a last resort and may not be commenced until, in the opinion of the appointed and accredited Mediator, the potential for negotiation and mediation has been exhausted.
- Both Parties agree that any dispute or issues will be confidential between the Parties and the Mediator.
- To protect both parties’ professional reputation and relationship, both Parties agree to refrain from discussing any dispute or related issues or disrespectfully referring to each other on any social media or a public forum.
- Litigation via the court process may only be considered after a genuine attempt at mediation bought by either Party is unsuccessful.
- Proper Law and Jurisdiction
- This agreement should be governed by the laws of South Australia, and the parties agree to irrevocably submit themselves to the laws of that state.
HEADER ONE are committed to protecting your privacy as an online visitor to our website. We use the information we collect about you to maximise the services that we provide to you.
HEADER ONE respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.
If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of HEADER ONE’ website or any products and services offered on it.
1.Type of personal information collected
The type of personal information you may provide us with is basic contact information such as your name, phone number, business name, URL, address and email address to enable use to send information or process your product order.
We may also collect additional information at other times, including, but not limited to, when you provide feedback, email submission messages, back and forth email conversation, phone conversation, text conversations, access to your website, access to other file you send, change your content or email preferences, respond to a survey or communicate with our customer support team.
- Collection and use of personal information
HEADER ONE uses personal and business information collected from you for the purpose of providing consulting services, website design, graphic design, marketing material, updates regarding our website, and information in the form of a newsletter. This will only apply if you have subscribed to such publications by registering your details with us.
However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.
- Confidential information
- Each Party acknowledges that in connection with HEADER ONE’ services it may receive certain confidential or proprietary technical and business information and materials of the other Party including but not limited to your website, business documentation, personal schedules, files that has been transferred or granted access to.
- Each Party shall hold and maintain in the strictest confidence all Confidential Information and shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations pursuant to this Agreement, except as may be required by a court or governmental authority.
- Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party or is otherwise properly received from a third party without an obligation of confidentiality.
- The Client agrees that HEADER ONE may disclose confidential information to family members, and sub-contractors only for the purpose of delivering the services under this agreement.
- Disclosure of personal information
Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect our copyright, trademarks and other legal rights.
- Access to and correction of personal information
You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
If you believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We will promptly correct any information found to be inaccurate, incomplete or out of date.
- Complaints about breach
If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please email firstname.lastname@example.org
To unsubscribe from our e-mail database, or opt out of communications, please click on the ‘unsubscribe’ button on our email OR email email@example.com
- Storage and Security
We strive to ensure the security, integrity and privacy of personal information submitted to our website and we regularly update our security measures in light of current technologies.
If HEADER ONE make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
This agreement should be governed by the laws of South Australia, Australia and the parties agree to irrevocably submit themselves to the laws of that state.