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Terms & Conditions

  1. About the Website
    1.1. Welcome to www.shelleyhoran.com (Website). The Website provides you with an opportunity to browse the site and Shelley Horan’s services (Services).
    1.2. The Website is operated by Michelle Horan t/a Shelley Horan (abn: 65 717 103 258)(Shelley Horan). Access to and use of the Website, or any of its associated Services, is provided by Shelley Horan. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, under stood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
    1.3. Shelley Horan reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

  2. Acceptance of the Terms
    You accept the Terms by remaining on the Website.

  3. Information Disclaimer
    3.1. Any information, advice, content or documentation provided on the Website, through theServices, via any podcast, social media account, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.
    3.2. All care is taken in the preparation of the information and published materials on theWebsite, through the Services, any podcast, social media accounts, or on any other related platform. Shelley Horan does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
    3.3. To the extent permissible by law, Shelley Horan will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through theServices, any podcast, social media accounts or on any other related platform.

  4. Copyright and Intellectual Property
    4.1. The Website, the Services and all of the related products of Shelley Horan are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright)in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Shelley Horan or its contributors.
    4.2. All trademarks, service marks and trade names are owned, registered and/or licensed byShelley Horan, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
    1. use the Website pursuant to the Terms;
    2. copy and store the Website and the material contained on the Website in your device’s cache memory; and
    3. print pages from the Website for your own personal and non-commercial use.
      4. 4.3. Shelley Horan does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Shelley Horan.
      4.4. Shelley Horan retains all rights, title and interest in and to the Website and all relatedServices. Nothing you do on or in relation to the Website will transfer any:
    1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    5. 4.5. You may not, without the prior written permission of Shelley Horan and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

  5. Privacy
    Shelley Horan takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Shelley Horan’s Privacy Policy, which is available on the Website.

  6. General Disclaimer
    6.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    6.2. Subject to this clause, and to the extent permitted by law:
    1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
    2. Shelley Horan will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms(including as a result of not being able to use the Services or the late supply of theServices), whether at common law, under contract, tort (including negligence), inequity, pursuant to statute or otherwise.
      3. 6.3. Use of the Website and the Services is at your own risk. Everything on the Website and theServices is provided to you “as is”and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Shelley Horan make any express or implied representation or warranty about theServices or any products or Services (including the products or Services of Shelley Horan)referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
    2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
    3. costs incurred as a result of you using the Website, the Services or any of the products of Shelley Horan; and
    4. the Services or operation in respect to links which are provided for your convenience.

  7. Third Party Services
    The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Shelley Horan does not control any Third-Party Services. Shelley Horan additionally makes no claim or representation regarding the Third-PartyServices and accepts no responsibility for, the quality, content, nature, or reliability of Third-PartyServices accessible from the Website, applications, software or any other element of the Services.There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services andShelley Horan will not be responsible for any content provided on or through these Third-PartyServices. You should read the terms of use and legal Agreements that apply to these Third-PartyServices.

  8. Limitation of liability
    8.1. Shelley Horan’s total liability arising out of or in connection with the Services or theseTerms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you
    8.2. You expressly understand and agree that Shelley Horan, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

  9. User Generated Content
    9.1. If you choose to contribute any content to the Website or any other platform operated byShelley Horan, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
    9.2. By contributing content to the Website, you grant Shelley Horan a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Shelley Horan.
    9.3. Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Shelley Horan can use that information with Your Content for advertising and promotional purposes, or any other business purpose.
    9.4. You confirm you own or have the right to use any copyright material included in YourContent (including replies to Shelley Horan social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Shelley Horan. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
    9.5. Please ensure you keep your own copies of Your Content as Shelley Horan may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
    9.6. Shelley Horan will endeavour to provide you with an appropriate credit when using YourContent on Shelley Horan platforms, though you understand and agree this may not always be possible.
    9.7. Shelley Horan reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

  10. Mailing List Registration
    10.1. You may be given the option to register for the Shelley Horan Mailing List (Mailing List).
    10.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
    1. Email address
    2. Name
      3. 10.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Shelley Horan.

  11. Indemnity
    11.1. You agree to indemnify Shelley Horan, its affiliates, employees, agents, contributors, thirdparty content providers and licensors from and against.
    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage(including legal fees on a full indemnity basis) incurred, suffered or arising out of or inconnection with Your Content;
    2. any direct or indirect consequences of you accessing, using or transacting on theWebsite or attempts to do so; and/or
    3. any breach of the Terms.

  12. Venue and Jurisdiction
    In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.

  13. Governing Law
    The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Victoria, Australia.

  14. Independent Legal Advice
    Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.

  15. Severance
    If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.
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