Welcome to our Site. These are our terms for use of the Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions (terms) apply whenever you access the Site, regardless of how you access the Site.
Use of this Site
1. The Publisher, as set out at the end of these terms (Kemmy), is the owner and operator of this Site.
2. Each user of this Site (User or you) agrees to be bound by these terms. Your use of and access to this Site indicates your acceptance of and agreement with these terms, as they exist at the time of use.
3. Kemmy may amend these terms at any time by posting changes on the Site. If you use the Site (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms. Kemmy will include on the Site the date on which it last made amendments to these terms.
Content and functionality of the Site
4. Kemmy may alter, suspend or discontinue the Site and/or its functionality and/or the content made available through the Site at any time, with or without notice to Users, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions, Kemmy will not be liable to any User or to any third party should it exercise such rights.
5. In some circumstances the Site will allow Users to access and download certain content onto your device(s). Some such content may not be available at all times in the future for subsequent download and Kemmy will have no liability to you in such circumstances subject to the remainder of these terms.
6. All intellectual property in relation to content on this Site belongs to Kemmy or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
8. The logos of the Site are trademarks of Kemmy or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
9. Content included on the Site is prepared as general information only. It is not advice and should not be substituted for personal advice which takes into account your individual health, financial or other circumstances.
Liability & Indemnity
10. Kemmy does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. Kemmy otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply:
a) Kemmy does not warrant the accuracy of the content which you access through this Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at Kemmy’ sole discretion and without notice.
b) Kemmy will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
c) Kemmy does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or any content which ought to be accessible through the Site, or that Kemmy or the server that makes it available, are free of viruses or bugs.
11. Where permitted under local law, including the ACL, liability of Kemmy, for any breach of a term or condition implied by law is limited at Kemmy’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, Kemmy cannot limit its liability in this manner if you establish that it would not be fair or reasonable for Kemmy to do so.
Third Party Content & Links
12. This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
13. This Site may include links to third party sites which are not related to Kemmy and in relation to which Kemmy has no control or interest. The appearance of those links on this Site does not indicate any relationship between Kemmy and that third party or any endorsement by Kemmy of that third party, its site or the products or services which it is advertising.
14. When you submit content to Kemmy in any format, including any text, photographs, graphics, video or audio, you grant Kemmy a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, using the details you have provided to us, as the author/provider of that content.
15. Kemmy reserves the right not to use the content you submit.
16. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
17. You indemnify Kemmy against any and all legal fees, damages and other expenses that may be incurred by Kemmy as a result of a breach of the above warranty.
18. You waive any moral rights in your contribution for the purposes of its submission to and use by Kemmy in accordance with these terms.
19. Users must not use this site for any purpose or in any way which is unlawful.
20. These terms shall be governed by and interpreted in accordance with the laws of the state or territory set out below.
21. Responsibility for all election comment is taken by the editor at the address set out below.