These terms and conditions (‘Terms’) govern your use of my web properties and related services, including the website located at https://willocks.nl, and form a binding contractual agreement between you, the user of my web properties, and me.
In these Terms, ‘Mitchell Willocks’, ‘I’, ‘me’, and ‘my’ means Mitchell Willocks and my associated entities.
By using my web properties, you acknowledge and agree that you have had a sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you must not use my web properties.
1 Registration
(1) You may need to be a registered member to access certain features of my web properties.
(2) When you register and activate your account, you will provide me with personally identifiable information such as your name, age, and email address. You must ensure that this information is accurate and current. I will handle all personally identifiable information I collect in accordance with my Privacy Notice.
(3) When you register and activate your account, I will provide you with a username and password. You are responsible for keeping your username and password secure and are responsible for all use and activity carried out under your username.
(4) If you are under the age of 16 years, you may not create an account or register as a member. If you are 16 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (’a Minor’) to create an account, you agree to:
(a) exercise supervision over the Minor’s use of my web properties and account;
(b) assume all risks associated with the Minor’s use of my web properties and their account, including the transmission of content or information to and from third parties via the Internet;
(c) ensure that the content and information that the Minor may encounter on my web properties is suitable for the Minor;
(d) assume liabilities resulting from the Minor’s use of my web properties and their account;
(e) ensure the accuracy and truthfulness of all information submitted by the Minor; and
(f) provide the consents contained in these Terms on behalf of the Minor.
(5) I may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if I do not do this, I will assume that this is the case and will provide access to my web properties and your account on this basis.
2 Your use of my web properties
(1) Your use of my web properties and use of and access to any information or materials contained on them does not grant or transfer any right, title, or interest to you in relation to my web properties or any information or materials contained on them. However, I do grant you a non-exclusive, non-transferable licence to access and use my web properties and view the information or materials contained on them in accordance with these Terms.
(2) Any reproduction or redistribution of my web properties or any information or materials contained on them is prohibited and may result in civil or criminal penalties. In addition, you must not copy my web properties or any information or materials contained on them to any other server or location.
(3) All other use, copying, or reproduction of my web properties or any information or materials contained on them is prohibited, except to the extent permitted by applicable law.
(4) You must not add any information to my web properties:
(a) unless you hold all necessary rights, licences, and consents to do so;
(b) that would cause you or me to breach any law, regulation, rule, code, or other legal obligation;
(c) that is or could reasonably be considered to be obscene, pornographic, defamatory, threatening, harassing, sexist, ageist, racist, homophobic, transphobic, xenophobic, hateful, disparaging, discriminatory, in breach of confidence, in breach of privacy, or otherwise offensive in any way;
(d) that is or directs to information or materials that may cause damage to my property or the property of other individuals;
(e) that would bring me or my web properties, into disrepute; or
(f) that infringes my intellectual property rights or the intellectual property rights of any third party.
(5) If I allow you to post any information to my web properties, I have the right to remove this information at my sole discretion and without notice to you.
3 External links and user-generated content
My web properties may contain external links to third-party websites as well as information or materials added by people other than me. I do not endorse, sponsor, or approve any such user-generated content or any information or materials available via any external links which is not under my control.
4 Personal views and expressions
The views and opinions expressed in the content of my web properties are solely those of the author and do not necessarily reflect the official policy or position of any other entity.
5 Purpose of the content of my web properties
The content of my web properties is for reference purposes only. The content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action.
6 Promotion of legal services
The content of my web properties may promote the provision of legal services. Any promotion of legal services contained within the content of my web properties is made on the basis that such legal services are to be provided in my capacity as an employee of or consultant to a legal practice.
7 Intellectual property rights
(1) Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and me, I own all intellectual property rights in my web properties.
(2) By posting or adding any content onto my web properties, you grant me a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit me to authorise any other person to do the same thing.
(3) You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
(4) The licence in paragraph 2 of this clause 7 will survive any termination of these Terms.
(5) You represent and warrant to me that you have all necessary rights to grant the licences and consents set out in paragraph 2 and paragraph 3 of this clause 7.
8 Warranties
(1) To the extent permitted by applicable law, I make no warranties or representations about my web properties or the information or materials contained on them, including, but not limited to, warranties or representations that they will be complete, accurate, or up to date, that access will be uninterrupted or error-free or free from viruses, or that my web properties will be secure.
(2) I reserve the right to restrict, suspend, or terminate without notice your access to my web properties or the information or materials contained on them, or any feature of my web properties at any time without notice and I will not be responsible for any loss, cost, damage, or liability that may arise as a result.
9 Liability
To the extent permitted by law, in no event shall I be liable for any direct or indirect loss, damage, or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of my web properties or the information or materials contained on them, or as a result of the inaccessibility of my web properties or the fact that certain information or materials contained on them are incorrect, incomplete, or outdated.
10 Indemnity
You agree to indemnify, defend, and hold harmless, me, my employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages, or costs (including, but not limited to, legal fees) arising from your use of my web properties or your breach of these Terms.
11 Privacy
I may collect, use, store, record, and transmit your personally identifiable information. For further details, please refer to my Privacy Notice. Your continued use of my web properties, and the provision of your personal information constitute your approval for me to deal with your personally identifiable information in accordance with these Terms.
12 Changes to these Terms
I reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on my web properties. Your continued use of my web properties following such notification will represent an agreement by you to be bound by the Terms as amended.
13 Invalidity
If any clause or sub-clause of these Terms is found to be invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining clauses and sub-clauses.
14 Applicable law and jurisdiction
Your use of the web properties and these Terms are governed by the laws applicable to the State of Queensland and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, the Federal Court of Australia, and courts competent to hear appeals from those courts.
Last updated on 22 March 2020.