Terms and Conditions

Terms And Conditions

This website (the “Site”) is owned and operated by Clare J Fitzgerald International “ClareJFitzgerald.com.” (“we” or “us”).

By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms and Conditions, our Privacy Policy, Disclaimer and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from ClareJFitzgerald.com.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

Modifications to these Terms of Service

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website.  By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. ClareJFitzgerald.com may, at our discretion, add or delete features and services.

Use Of The Site And Service

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 may only use this site under supervision of a parent or guardian.

Information provided on the Site and in the Service related to ClareJFitzgerald.com and other information are subject to change. ClareJFitzgerald.commakes no representation or warranty that the information provided, regardless of its source,  is accurate, complete, reliable, current, or error-free.

ClareJFitzgerald.comdisclaims all liability for any inaccuracy, error, or incompleteness in the Content. You alone are responsible for any content you post on ClareJFitzgerald.com, including but not limited to feedback and comments.

You agree not to use ClareJFitzgerald.com to post or distribute material (including but not limited to text, graphics, video, programs or audio) that is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

You also agree not to post material that contains advertising or any form of commercial solicitation, and not to impersonate any other person or entity, including impersonating an employee or consultant of ClareJFitzgerald.com or any of its partner sites.

We are not responsible for any feedback or comments posted on the Site by any users. Users agree that we are not liable for damage suffered by you in relation to comments posted on the Site. We can, in our sole discretion, remove or delete comments if we are concerned about the nature of those comments.

Lawful Purpose

You may use the Site and Service for lawful purposes only. 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 purposes only.

Refusal Of Service

The Products and Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed.

We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Cancellations And Refunds

Your purchase of a product or service may not provide for any refund. Each specific product or service will specify its own refund policy.

Product Description

We endeavor to describe and display each Product and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, 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.

Copyrighted Material

All material on ClareJFitzgerald.com, including, without limitation, text, software, photos, video, graphics, music and sound, is protected by international copyright laws, both as individual works and as a collection.

The downloading or use of copyrighted material provided by ClareJFitzgerald.com or a third-party content provider is allowed by members for personal use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise.

If you believe that your copyrighted work has been infringed and you want us to take down or disable the infringement, please let us know by emailing info@ClareJFitzgerald.com

Intellectual Property

The copyright and other proprietary rights in such materials are protected by Australian and international intellectual property laws.

Unless specified otherwise, all copyright and other intellectual property rights in all materials on our Site (including text, graphics, designs, layouts, trademarks, logos, videos, animations and/or sound recordings) belong to or are licenced by us.

We grant you permission to use these materials solely for the purpose of using our Site in the usual manner.

You may also print parts of our Site for your personal use, provided you retain all copyright and other proprietary notices on that material. Otherwise, no material from our Site may be printed, copied, reproduced, distributed, modified, adapted, uploaded, displayed, transmitted, reused, re-posted, published, stored, commercialised, used to create derivative works or framed within another website without our prior written permission.

We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Privacy

Our Privacy Policy applies to all users of our Site and forms part of these Terms.

General

These Terms will be governed in all respects by the laws of South Australia, Australia.

You and we submit to the exclusive jurisdiction of the courts of South Australia, Australia and any courts of appeal from them. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be South Australia.

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution 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.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be excluded and the remainder of these Terms will continue to apply.

You may not assign or transfer any rights or obligations under these Terms to any third party. We may assign or transfer any rights or obligations under these Terms to any third party in our absolute discretion.

Any failure by us to take action regarding any actual or suspected breach of these Terms does not constitute a waiver of our right to do so or your obligations.

These Terms set out the entire agreement between us and you regarding the subject matter of these Terms. These Terms will continue to apply irrespective of any cessation of use by you of our Site.

Limitation of Liability

You agree that under no circumstances shall we be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages howsoever arising, out of your use of the site or products or service and including, but not limited to, in respect of our negligence, breach of contract, tortious conduct or breach of statutory duty.

Additionally, ClareJFitzgerald.com is not liable for damages in connection with: (1) 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, direct or indirect loss of profit, loss of income, loss of production, loss of actual or potential business opportunity or loss of goodwill or data; AND (III) Third party theft of, destruction of, unauthorised 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 ClareJFitzgerald.com has 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 ClareJFitzgerald.com’s cumulative liability to you exceed the total purchase price of the product or service you have purchased from ClareJFitzgerald.com. And if no purchase has been made by you, ClareJFitzgerald.com’s cumulative liability to you shall not exceed $100.

Third Party Resources

The Site and the Service contain 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 ClareJFitzgerald.com. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site, Products or Service.

We do not exclude or limit any provision of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of these Terms to be void. We shall not be liable under any circumstances for, and you hereby release us in respect of, any and all loss or damage suffered by you, howsoever arising, including but not limited to, any consequential loss, direct or indirect loss of profit, loss of income, loss of production, loss of actual or potential business opportunity or loss of goodwill, as well as third party claims and causes of action, including, without limitation, arising out of any breach by you of these Terms and Conditions, or any use by you of the Site or Products and Services and including, but not limited to, in respect of our negligence, breach of contract, tortious conduct or breach of statutory duty. You agree to indemnify us (and our directors, shareholders and related bodies corporate) for all loss, damage, settlements, charges, assessments, penalties, fines, expenses, costs and other liability (including legal costs) arising out of or in relation to:

  • your use of our Site;
  • any Transaction to which you are a party or Products or Services you acquire following use of our Site;
  • any information that you obtain from our Site; and
  • any breach by you of these Terms including any warranty given by you under these Terms,

You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Entire Agreement

This Agreement constitutes the entire agreement between you and ClareJFitzgerald.com pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by ClareJFitzgerald.com 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 ClareJFitzgerald.com.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: info@ClareJFitzgerald.com

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.