We do not collect personally identifiable data unless it is inputted by you, the user. However, we do collect impersonal details about your visit including (but not limited to) the pages you view, how long you view them, where you click and cursor movement, in what country your IP is located, how you got to our site in the first place, and, in some cases, retain video of your movement around our site. This data is NOT linked to your name, email address, or other specific identifying information. This data may be collected using cookies. This data may be kept in perpetuity.
If you submit your email address to this site, you may be added to our email database and may receive advertising messages in the future. You may unsubscribe using the link at the bottom of every email or by contacting us and requesting to be manually removed. This information may be kept in perpetuity.
If you do not use the unsubscribe button, you may ask us, in writing by email using our contact page, to remove your information from our systems and databases and we will do so within seven days of receiving your request.
When you purchase an artwork or product or book into a course, you’ll use our online payment service. When you do this, we ask you lots of questions so we can process your payment and deliver the best possible course or product. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including email.
USE AND STORAGE OF COLLECTED INFORMATION
Any details collected from you are required in order to process your payment and provide a high level of customer service. Correspondence is recorded in order to provide order references, and to assist in our staff development.
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our online payment service, that information is encrypted and managed by our third-party gateway – eWay. We use eWay because they know more than us about high level security, and are trusted in the industry. They use encryption and things like secure socket layer technology (SSL) that we can pronounce but not entirely understand. When your credit card details are collected, they are done so through the eWay secure gateway. We are told this badge should also be displayed to prove our claims.
USE OF THE SITE
To access or use the site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the site. (Seriously, don’t do it unless your parents are around. Go play outside. Sunshine is good for you.)
Information provided on the site related to marketing, small business management, and any other information is subject to change. We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the Content.
You may use the site for lawful purposes only. You must not, in the use of the site, violate any laws in your jurisdiction. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the site. You agree to use the site and to purchase services or products through the site for legitimate, non-commercial purposes only.
You shall not post or transmit through the site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
In other words, think before you post!
We reserve the right to disclose your Personally Identifiable Information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served upon us.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post, or otherwise make available on the site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right. You know, unless they’re yours. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Valerie Khoo from any claim against Valerie Khoo resulting from your posting of Materials to the site. For all Materials submitted by you to the site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
We reserve the right to remove from the site any Materials submitted by you that we deem inappropriate for the site or that appear to violate these Terms and Conditions.
REFUSAL OF SERVICE
We reserve the right to refuse service to any order, person, or entity without obligation to assign reason for doing so. If you are enrolling in a workshop, we reserve the right to limit the number of participants in any given online class or workshop. We may, at any time, change or discontinue any aspect or feature of the site.
PRODUCT AND SERVICE DESCRIPTIONS
We endeavor to describe and display the services and products as accurately as possible. While we try to be clear, please do not accept that the site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
We do not claim ownership of Material you supply to ValerieKhoo.com. However, the act of posting Material to the site conveys an irrevocable, worldwide license to Valerie Khoo to use and distribute the posted Material in connection with the site and any related Valerie Khoo publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the site. By submitting Materials to us, you agree to hold us harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
All content provided on this site, including all products and services, are the intellectual property of Valerie Khoo. The content of the site is protected by copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of this website, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the site. We reserve the right to immediately remove your access to the site, including any products or services offered through the site, without refund, or take legal action if you are caught violating this intellectual property policy.
In layman’s terms: please don’t steal any of our content and reposition it to sell as your own.
We have the right to use the information users post on the site, including but not limited to blog comments, in other areas on the website and as advertising in print and online. Furthermore, all content posted by users of the site is posted at the liability of the user. If content posted is infringing on copyright, we must be informed, in writing, and given 3 days to remove the infringing content from this website.
Users of this site are responsible for their own online security. Valerie Khoo in no way claims responsibility for breaches of security including, but not limited to, compromised credit cards, compromised account information, trojan horses, viruses, malware, or any other form of malicious digital attack.
Users of this site may not take legal action against Valerie Khoo outside of the state of NSW, Australia. By using this website, users also give warranty that they will refrain from taking illegal action while using this site.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this site. Any use of the site by you after being notified means you accept these amendments. We reserve the right to update any portion of our site, including these Terms and Conditions at any time. We will post the most recent version to the site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, we are not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if we have been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall our cumulative liability to you exceed the total purchase price of the product or service you have purchased from Valerie Khoo, and if no purchase has been made by you our cumulative liability to you shall not exceed $100.
THIRD PARTY RESOURCE
The site contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Valerie Khoo. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Valerie Khoo shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Valerie Khoo.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
℅ Australian Writers’ Centre
55 Lavender Street
Milsons Point NSW 2061
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New South Wales, Australia as applied to contracts that are executed and performed entirely in New South Wales. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Sydney, Australia. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
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