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Terms & Conditions and Privacy Policy

Terms and Conditions and Privacy Policy

Privacy Policy

Updated on: 5th May 2019

We fully understand the importance of protecting the personal information collected from our users in their use of or interaction with our Website. Reasonable preventive and protection measures to keep all your data secure while also maintaining its integrity and privacy are of great importance to us.

By using or interacting with this Website or Content or submitting your information, you give your consent to the terms of this Privacy Policy, Terms of Service and any other terms and conditions provided on the website.

Anyone of less than 18 years of age shall only use the website after seeking parental/guardian’s permission for the same. If you are below 18 years of age kindly refrain from providing any personal details to our website or other users on the website. We do not knowingly collect any personal information from anyone below 18 years of age.

The policy lays out and describes our collection, use, storage, disclosure and protection of your data and information. It also explains the options available to you in deciding our use of your data and the measures you can take to contact us for any queries or removal/updating of your information.

WHEREVERWRITER.COM, referred herein as Us/We/Our, offers digital informative content on versatile categories including travelling, freelancing, blogging, Airbnb etc. We may earn small affiliate commissions through the product links placed on our website.

Your privacy is of utmost importance to us and we do everything in our capacity to ensure rigorous protection for it. We do not sell or rent your information to other third-parties (please read the specific terms herein to know more about our sharing and disclosure with third parties).

Modes of Collection

We collect information:

  1. Directly
    • When you voluntarily submit your information by giving consent to receiving updates or emails, or by signing up for our newsletters or marketing emails.
    • When you directly submit your personal information such as your name, email, phone number, address, DOB, in order to register with us, comment on any content on our website, submit your feedback to us, contact us for any type of support, or if you wish to contact us via the “contact form” on the website.
    • When you directly communicate with us in any other manner.
    • When you connect to us through third-party social media platforms we may collect the information provided on your profile on such platforms.
    • When you order a product or service from our website, we may collect billing and credit card information strictly for completing your purchase.
  1. Automatically
    • As with almost all other sites on the internet, visiting our website results in the collection of some of the basic information about you like, your IP address, hardware configuration, internet browser, domain names, time of visit, subsequent website visit, antecedent website visit. 
    • We may also store other anonymised information from you for the purposes of analytics and research.
    • Information through Cookies.

Cookies

Cookies are miniature text files which are stored on your computer when you access or interact with a website which uses cookies. Cookies are perfectly safe from any risk of carrying viruses or running any programs on your computer remotely. Information collected by us through cookies may include your IP address, hardware configuration, internet browser, files or pages viewed on our website, clickstream data, domain names, ISP, time of visit, subsequent website visit, antecedent website visit.

We along with our partners use cookies to enhance the experience on our website and to analyse user behavioural preferences on our website which helps to provide more efficient and better content catered to your preferences. It also helps us to collect demographic details about our users. Cookies aid in personalising the features and content on our website and help to save time when you return by already having your details saved.

You can always choose to disable cookies through your web browser. Kindly keep in mind that disabling cookies may hamper your experience on the website and might result in some of the interactive features not working for you.

Processing And Use Of Information Collected

We do not share your information with third-parties for their marketing purposes without your consent.

Other than the aforementioned methods we may also analyse or process your data on this website through algorithms processing your record of purchase, behavioural preferences, location history (if permitted by you).

We may use your information to fulfil any transactions with you, for any legal requirements, or to enhance and improve the services and products provided by us. Such enhancement or improvement would include but not be limited to direct marketing, personalisation or customisation of our features and communication, location-based offers, measuring the success of our promotions and advertising, investigating any frauds or forbidden activity on the website and maintaining general security of our website. We also use your information to communicate with you and keep you updated on the status of the content that you have a registered interest in or the products you have ordered or any other requests for updates made by you.

We do not store any information longer than the period of its intended use. After such period is over we make such information inaccessible or delete or destroy it. If applicable, we also destroy such information on a request from you to erase and destroy all your personal information. Retention for legal purposes is an exception to this provision.

Disclosure Of Your Information

As a general guiding principle, we do not share your information with third-parties. However, there may be some exceptions to this. All information shared/disclosed by us will still be handled according to the terms of this Privacy Policy by any third-party it is disclosed to.

Any disclosure you make by voluntarily sharing information with a third-party by following any external links or advertisements provided on our website shall be your responsibility.

We may disclose information to third-parties/service-providers where they provide us with administrative, analytical, payment, management, office or technical services. All such disclosures will only be made to the extent that such third-parties/service-providers need to provide their services. All such third-parties/service-providers will be required to comply with all the terms of this policy.

Your information might also be visible to a few other parties like personnel, employees, agents, or contractors which serve in and are limited to particular operations, sales, or administrative capacities with us.

We shall have the sole discretion to disclose your information, personal or otherwise, where we are mandated by law to do so or if we believe in good faith that such disclosure is in the interest of national security, public importance or essential to protect our rights and interests. This shall include any requests from law enforcement authorities or government agencies or any court orders or subpoenas. We shall also be entitled to make any such disclosure to prevent/investigate any violation of our Terms of Service, any intellectual property infringements, or to safeguard the proper functioning of our website and its services and protect the rights of our users and any other third-parties. 

We may also disclose any other anonymized information to third-parties including but not limited to the combined usage statistics on our website, services or published content, or demographic information on our user base which also interacts with any content or services provided by such third-parties. Any such disclosure will be anonymized and completely rid of any personally identifiable information.

We may share your information with third-parties for academic or research purposes but we would only do so with your express consent. We do share segregated customer data but only after it has been anonymized and there is so scope for personal identification.

Your payment related information may also be shared with our payments processors, card networks and associations, and credit reporting agencies. Such information might also reflect on your credit reports including any defaults or delays in payments with us. In issues related to payments of dues or fraud, your information may also be shared with the concerned authorities, reporting agencies, associations and their authorized personnel, agents or representatives. 

We, any of our service providers or third-party partners may transmit, transfer, store or process your information outside the country of your residence in accordance with the laws of the applicable jurisdiction.

Voluntary Public Disclosure By You

Any information, including personal information like your name, address, email, phone number, which you choose to publicly disclose on our website while interacting with our commenting feature, public message boards or any other personal/public means of communication with other users on our website, will be visible and disclosed openly. Any such disclosed information including any comments you make on our content can be accessed, stored, misused and further disclosed by third-parties. We disclaim any responsibility for such voluntary disclosure by you.

Where the commenting service is provided by a third-party it may collect the data on web-traffic even if you do not use the comment box. Such data will not be personally identifiable.

You shall be responsible for keeping your passwords and other sensitive information secure while using the Website. Kindly follow best practices for safe browsing including having strong passwords and not logging in from unknown devices.

Amendments to Privacy Policy

We reserve the right to change, modify, remove or add any terms to this Privacy Policy at any time and without any notice. We advise you to keep checking this Privacy Policy regularly. The last date of updating will be visible on top and you can check for any changes in the document. We may notify you of any substantial changes with an additional prompt, or notification on the website, or via email. Your use of the website shall mean that you consent to the present and the most recent version of the Privacy Policy.

Protection Of Your Information

We make all reasonable necessary arrangements to prevent any unauthorized access to your information while also complying with all applicable security laws and regulations. All data processing and analytics are conducted following strict procedures and only to the extent of the purpose indicated; while access to such data is limited to only those who need such access to perform their responsibilities. We protect your information against any loss, theft, abuse, modification, deletion and destruction. We may use encryption and firewalls to further enhance safety and security measures. 

However, nothing on the internet is truly invulnerable or private. You hereby acknowledge that we are not liable for any interception of information while transmitting your information over the internet. You release us from all possible claims arising out of any misuse or unlawful use of such intercepted information.

All personal information when transmitted to other websites for processing of a transaction, like the credit card numbers, is encrypted. We also update and review our security best-practices regularly and diligently. All our staff that handle your data are trained and knowledgeable on the regulations and laws governing data handling and processing.

Opt-out

We provide you with the option to opt-out of receiving our marketing or promotional direct mails or any other communication from us. You can unsubscribe by clicking a link at the bottom of any email by us. You may also contact us regarding your wish to opt-out by any of the means provided on the website.

Third-Party Accounts/Websites/Content

We use several third-party tools for analytics, automation, management and marketing. As a general rule, none of these collects personal information. However, we urge you to look at the privacy policy of each of these to get acquainted by their independent data handling process. 

Tools used by us include Skimlinks.

We also use Google Analytics and you can read about “How Google uses data when you use our partners’ sites or apps,” here.

Any other links or advertisements you follow or click on from our website shall be governed by the separate terms and conditions and privacy policy of that particular website.

We may also utilize third-party services for placing advertisements on our website/services or to manage our advertisements on other websites. Our third-party service providers may place cookies on our website/services in order to cater customized ads to you and/or to determine the effectiveness of such ads. If you opt-out of receiving such internet based advertising or cookies you will still get advertisements but they wouldn’t be customized to your browsing history or interests. If you use a different browser, delete the cookies or use a different device, after opting-out you may have to opt-out again.  You can know more about opting-out in the US here – NAI Consumer Opt-Out and in the EU here – EDAA Europe Your Choices.

You may be able to connect any of your third-party accounts to your account on our website. You acknowledge and consent that by making such connection you agree to a continuous release of information, personal or otherwise, from any of those third-party accounts to the extent allowed by such third-party websites/apps.

Purchases

While following some of the recommendations or links on our website you may be transferred to other third-party sites to complete such purchase, like Amazon or iTunes. In such an event any information collected on you by such third-parties shall be governed by the privacy policies of those third-parties.

Tracking

Some of our emails may utilize a trackable clickthrough link to measure the effectiveness of our marketing strategies and consumer interests. If you prefer not to be tracker please do not click any links or pictures in these emails.

Disclaimer

Our website and all its services are available on an “as is” basis. We make no warranties that they will be accessible or available at all times or that the use of the website or related services will be error-free and/or uninterrupted.

All the information collected by us would be included in our transferrable assets if we were to get acquired by another entity and thus would be transferred to such entity. However, in such a case you can withdraw your consent for collection of your information and/or ask through the contact information provided herein to delete all previously stored information on you.

Your Rights

You can write to us to inquire if any of your information is being stored with us. You also have the right to ask us the kind of information we are storing related to you, the purpose and use of such information, the security mechanisms to protect the information, any disclosures being made on the information, and if there exists any automated decision making regarding your information. You can further request us to delete, transfer or modify your information and you can object to our usage and processing of the information if you think it is not for justified purposes. You can also object to the automated decision making regarding your data and any subsequent profiling. You can object to, and opt-out of any direct marketing from us.

You can send all your complaints and queries to [email protected] or to the address given below to our data protection officer.

Governing law

This Privacy Policy is governed by the laws of the State of New South Wales and Australia.

Contact Us

If you have any queries, complaints or requests regarding the handling, changing, or deletion of your data you can write to the Owner at:

[email protected]

Your California Privacy Rights

By the California Privacy Rights and the California Civil Code a customer is entitled to ask a business to share detailed reports of the customer’s personal information has been shared by that business with third-parties for direct marketing purposes. This is not applicable to us as we do not share your personal information with third-parties for their direct marketing purposes. You may still contact us to know more about your rights under this law if you are a California resident. We also pledge to respect any Do Not Track technologies you may decide you to use. However, such usage might interfere with your complete enjoyment of the website and its features.

 

 

 

 

Terms and Conditions of Use

Updated on: 5th May 2019

Kindly note that by using this website you agree to be bound by the Terms of Service set out below. Ignorance to the Terms of Service stated herein shall NOT be a defence in case of breach of any of the Terms of Service in this or any of the other supplementing terms of service, terms and conditions or terms of use or any such other agreements provided on this Website.

Please read the following Terms of Service carefully. These Terms of Service, along with the Privacy Policy and other supplementing terms of service documents, govern your access to and use of the website (the “Website”), including the use of any content, information, products and/or services (the “Content”) therein. This is a legal agreement between you and WHEREVERWRITER.COM (“WHEREVER WRITER”) also referred in this Agreement as “We/Us/Our”.

  1. NATURE OF THE WEBSITE

1.1 The Website offers digital informative content on versatile categories including travelling, freelancing, blogging, Airbnb etc. We may earn small affiliate commissions through the product links placed on our website.

1.2 By using this Website, browsing or accessing the content or uploading/downloading any other content, you agree to be bound by the Terms of Service set out herein.

1.3 Nothing in this Agreement shall be construed or deemed to create an employment or agency relationship, partnership or joint venture between the parties. 

1.4 IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE HEREIN, PLEASE DO NOT USE OR ACCESS THIS WEBSITE.

1.5 From time to time, it will be necessary to update the Terms of Service. We reserve the right to revise, modify or change the Terms of Service at any given time and may notify you of the same if the changes are of significant importance and affecting the model or functioning of the Website. You shall be bound by the most recent and the present version of the Terms of Service on the Website.

1.6 We may process your data, as set in our Privacy Policy, for carefully considered purposes which enable us to enhance the service we provide. For the sake of clarity this refers to the processing of personal data such as, but not limited to, names, email addresses and IP addresses for the purposes of analysing how the site is used by the visitors and for the distribution of emails relating to the relevant content and advice.

1.7 The use of our Website and the access to our Content may also be available through other means such as mobile websites. Any access or usage to our sites, through any means including the ones mentioned here, shall mean that you agree to enter into this Agreement and be bound by the Terms of Service provided herein.

  1. WARRANTY

2.1 You warrant and represent that you are at least eighteen (18) years of age, you have the right and authority to enter into this Agreement by using this Website. You acknowledge that you have read and understand the Website’s Privacy Policy and Terms of Service (herein) and any other provided terms of service or use, as more fully described on the Website, and by using the Website and accessing the Content you have expressly accepted the terms of service set forth in such Privacy Policy, Terms of Service (herein) as same may be amended from time to time.

2.2   You shall defend and indemnify WHEREVER WRITER and any of its affiliates (including any employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, assignees and other representatives) and hold them harmless against any third-party claims or expenses and losses resulting from breach or a claim which, if true, would constitute a breach of the foregoing representations and warranties or any of the agreements contained in these Terms of Service, including reasonable attorneys’ fees and expenses.

2.3 THERE ARE NO REPRESENTATIONS OR WARRANTIES BY WHEREVER WRITER, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS OF SERVICE.

  1. GENERAL

3.1 The Website and the Content may be used and accessed solely for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Website and Content, including, without limitation, applicable common law, and all relevant statutes. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Website and Content:

  1. Disable, hack, circumvent or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Website content or materials;
  2. Use any metadata, meta tags or other hidden text utilizing a WHEREVER WRITER name, trademark, URL or product name;
  3. Upload, submit, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, so-called pyramid schemes or any other form of solicitation;
  4. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Website or Content to send altered, deceptive or false source-identifying information;
  5. Upload, submit, post, email, or otherwise transmit, via the Website or Content, any content or other materials that is, in the sole opinion of WHEREVER WRITER, unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libellous, vulgar or violent or constitute hate speech or are otherwise objectionable;
  6. Destroy, interfere with or disrupt, or attempt to interfere with or disrupt, any web pages available on the Website, servers or networks connected to the Website or the technical delivery systems of the Website’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website;
  7. Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Website or Content;
  8. Attempt to scan, probe or test the vulnerability of any of the Website’s systems or networks or breach, impair or circumvent any security or authentication measures protecting and providing security for the Website or Content;
  9. Attempt to search, meta-search or access the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by WHEREVER WRITER or other generally available third-party web browsers (e.g., Google Chrome, Internet Explorer, Firefox, Safari), including, without limitation, any software that sends queries to the Website to determine how a website or web page ranks;
  10. Collect or store personal data about other users of the Website or Content without their express and explicit permission;
  11. Engage in identity theft, or misrepresent or impersonate your affiliation with any person or entity, through pretext or some other form of social engineering or otherwise commit fraud;
  12. Use the Website or Content to engage in any fraudulent, abusive or illegal activity, or in any manner not permitted by the Terms of Service or any other related documents governing your use of the Website; or
  13. (m) Instruct or encourage any other individual to engage in any fraudulent, abusive or illegal activity, or to do any of the aforementioned activities under points (a-l) or to breach and/or violate any of the Terms of Service.

3.2 You agree that the Terms of Service and the rules, restrictions and policies contained herein, and WHEREVER WRITER’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and WHEREVER WRITER.

3.3 WHEREVER WRITER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO REFUSE TO PROVIDE ITS SERVICES TO YOU OR ANY USER FOR ANY OR NO REASON WHATSOEVER.

3.4 You agree that we have the right to monitor the Website and any content uploaded or accessed by you from time to time and to disclose any information when it is legally or statutorily required to do so, or to protect the interest of our Website or our users/visitors. However, we have no obligation to monitor the Website. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

3.5 Unless otherwise indicated for particular content, any content you post on the site including images, graphics, videos, one-to-one communication, and any other form of communications or material that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions will be treated as non-confidential and nonproprietary.

3.6 We have taken and will ensure all reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. You agree and understand that the nothing on the internet is truly invulnerable or secure and we cannot, and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

3.7 You agree to keep your systems healthy and free from any Viruses, Trojans, Malwares or any other similar harmful programmes which could impact the safety of the Website.  You also agree to adopt reasonable practices to keep your passwords, and any other confidential data in your possession, safe.

  1. REGISTRATION

4.1 In accessing this Website or certain of the resources on the Website, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide shall be correct, current, and complete. If We believe the details are not correct, current, or complete, we have the right to refuse you access to the Website or any of its resources.

  1. DISCLAIMER

5.1 The content, materials, options, features and services on the Website are provided on an ‘as is’ basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. We do not warrant that our Website or applications will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our Website will be corrected. Information on our Website does not create any professional relationship between you and WHEREVER WRITER, should not necessarily be relied upon and should not to be construed to be professional advice from us.

5.2 The information contained in any articles or other products or services sold, provided or promoted on this Website are intended to be educational. This information should not replace consultation with a competent professional. WHEREVER WRITER, its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, sellers, publishers and assignees of these products are in no way liable for any misuse of the material they contain.

5.3 We use affiliate links to promote or sell some products or services. We disclaim any liability or claim arising out of your access of, or purchase through any such affiliate links. We have not reviewed all of the sites linked to the Website and we are not responsible for the contents of any such linked site. The inclusion of any link trademark or other identification marks, does not imply endorsement by us. Accessing the affiliate links or using any such linked web site is strictly at your own risk.

5.4 The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website are accurate, complete or current. We may make changes to the materials contained on the Website at any time without notice. However, we do not make any commitment to update the materials.

  1. TERMINATION

6.1 We may suspend or terminate your access to all or any part of the Website including any account thereon, without notice, for any reason at our sole discretion.

  1. LIMITATIONS

7.1 In no event shall WHEREVER WRITER its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, and assignees be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if the website or an authorized representative of the website has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In such states, the respective liability of WHEREVER WRITER, its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, and assignees, is limited to the greatest extent permitted by such state law.

7.2 YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES WILL WE, OR OUR AFFILIATES, EMPLOYEES, DIRECTORS, AGENTS, PARTNERS, DISTRIBUTORS, LICENSORS, SUBSIDIARIES, SUPPLIERS, CO-BRANDING PROVIDERS, AUTHORS, CONTENT OR SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNEES, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE SHALL NOT EXCEED ONE HUNDRED (100) AUSTRALIAN DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES. ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THESE TERMS OF SERVICE.

  1. INTELLECTUAL PROPERTY

8.1 You acknowledge that the Website contains Content that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the copyright laws of Australia, and WHEREVER WRITER owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the copyright laws of Australia, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

8.2 Reference on the Website to a specific commercial product, process or service by its trade name, trademark, promoter or otherwise does not constitute or imply its endorsement or recommendation by us.

  1. DISPUTES

9.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, (except any claims for violation of intellectual property pursued by us), shall be settled by mandatory arbitration administered by the The Institute of Arbitrators & Mediators Australia under its latest Arbitration Rules. The number of arbitrators shall be one and the venue of the arbitration proceedings shall lie in the State of New South Wales at any place agreed upon amongst, or equally close to the parties. The arbitrator shall apply New South Wales state law to all aspects of the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In the event of a dispute, controversy or claim arising out of or relating in any way to this Agreement, we shall be notified in writing. Within thirty (30) days of such notice, both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration.

9.2 The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event, shall it be made after one (1) year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

9.3 All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own attorney’s fees. We may agree to bear more than half of the arbitration fee on our own sole discretion. This section shall survive indefinitely regardless of the survival of this Agreement as a whole.

  1. COMMUNICATIONS

10.1 You consent to receive electronic communications from us (e.g., via email or by posting notices on our Content). These communications may include notices about your account, like password changes and other transactional information, legal notices, or newsletters and updates on new blogs and articles. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

  1. PROMOTIONS AND PURCHASES

11.1 (a) Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

(b) Our obligations, if any, with regard to our products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.

  1. USE OUTSIDE AUSTRALIA

12.1 We make no representation that materials or other content in the Website are appropriate or available for use outside Australia and its territories. If you choose to access the Website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from Australia or the country you reside in.

  1. SEVERABILITY

13.1 If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service is to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.

  1. NON-WAIVER

14.1 The failure to enforce at any time any of the provisions of these Terms of Service shall not be construed to be a waiver of the right thereafter to enforce any such provision.

  1. ASSIGNMENT

15.1 You may not assign the Terms of Service (by operation of law or otherwise) and any prohibited assignment will be null and void. We may assign the Terms of Service or any rights or obligations hereunder without your consent.

  1. NOTICE

16.1 We may provide you with notice by any means, including (without limitation) via email, postings on the Websites and changes to this Agreement. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Website. A notice that we give is deemed given even if it is intercepted by your spam filter and not actually read. Notices sent to us pursuant to any section of this Agreement shall be deemed duly served and effective only on actual receipt by us. Please refer to our Privacy Policy for information regarding your prerogative to opt out of any program to send you information and solicitations by email.

  1. GOVERNING LAW

17.1 The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New South Wales and Australia. The parties to this agreement waive their respective rights to a trial by jury.

  1. ENTIRE AGREEMENT

18.1 The Terms of Service, together with the rules and policies of the Website and any other relevant documents herein mentioned, constitute the entire agreement between WHEREVER WRITER and you with respect to the subject matter hereof.