afootwego-05-terms

afootwego website TERMS and CONDITIONS of USE Page

…for people who love to walk…

Supporting Mindful and Responsible Travel

The afootwego website TERMS and CONDITIONS of USE Page details the conditions of use for anyone opting to make use of the site.

afootwego.com Website
TERMS and CONDITIONS of USE

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About this Website

This website is owned and operated by afootwego.com (aka afootwego).

Please read these TERMS and CONDITIONS of USE carefully before you start to use this website.

This website is intended for individuals who are 18 years of age, or older. By using this website, you represent and warrant that you are of legal age, and meet the foregoing eligibility requirement.

By using this website, you agree to be bound by these TERMS and CONDITIONS of USE that follow and to use this website in accordance with these TERMS and CONDITIONS of USE, our PRIVACY POLICY, and any additional terms and conditions that may apply to specific sections of this website, or to products and services that may be made available through this website.

You agree to use this website for lawful purposes only. You further agree that any violation of any provision contained in these TERMS and CONDITIONS of USE may subject you to civil and/or criminal liability.

These TERMS and CONDITIONS of USE apply to all visitors, users and others who wish to access or use this website. Accessing this website, in any manner, whether automated or otherwise, constitutes use of this website and your agreement to be bound by these TERMS and CONDITIONS of USE.

These TERMS and CONDITIONS of USE, together with the associated documents referred to herein, are a binding agreement. If you do not want to agree to these TERMS and CONDITIONS of USE, including the associated documents incorporated by reference herein, you must not access or use this website.

Disclaimer

The content of this website is meant for informational purposes. It is not intended to amount to professional or specific advice on which reliance should be placed.

Your use of this website is at your sole risk. This website is provided on an “AS IS” and “AS AVAILABLE” basis. Website services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

afootwego.com, including any subsidiaries, affiliates, and licensors do not warrant that:

  1. this website service will function uninterrupted, secure or available at any particular time or location;
  2. any errors or defects will be corrected;
  3. this website service is free of viruses or other harmful components; or
  4. the results of using this website service will meet your requirements.

Your agreement to the Disclaimer is hereby incorporated into these TERMS and CONDITIONS of USE. If you do not want to agree to this Disclaimer, you must not access or use this website.

No Warranties

afootwego.com makes no warranties regarding the performance or operation of this website. Further, afootwego.com makes no representations or warranties of any kind, express or implied, as to any information, content, materials, documents, programs, products, or services included on or provided through this website. To the fullest extent permissible under the law, afootwego.com disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve afootwego.com of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that afootwego.com shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.

The information, software, products, and services included on or available through this website may include inaccuracies or typographical errors. Changes are periodically added to the information displayed. afootwego.com and/or its suppliers/contributors may make improvements and/or changes to this website at any time.

afootwego.com and/or its suppliers/ contributors make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on this website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “AS IS” without warranty or condition of any kind. afootwego.com and/or its suppliers/ contributors hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall afootwego.com and/or its suppliers/ contributors be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this website, with the delay or inability to use this website or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, negligence, strict liability or otherwise, even if afootwego.com or any of its suppliers has been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this website.

You specifically acknowledge and agree that afootwego.com is not liable for any defamatory, offensive or illegal conduct of any user of this website. If you are dissatisfied with this website, including any materials, products, or services on this website, or with any of this website’s terms and conditions, your sole and exclusive remedy is to discontinue using this website and the provided products, services and/or materials.

Copyright and Intellectual Property

This website, the services and all of the related products available from afootwego.com are subject to copyright. The material on this website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of this website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by afootwego.com, or its suppliers/contributors.

afootwego.com creates all of its own content and either uses its own images, or those found via Creative Commons, in the public domain, or obtained under permission from the owner. afootwego.com retains all rights, title and interest (including copyrights, patents and trademarks) in and to this website, services, products and all related content therein. Unless otherwise indicated, these TERMS and CONDITIONS of USE do not transfer to you any afootwego.com or third party’s right, title, and interest in copyrights, patents and trademarks.

This website is provided solely for your personal non-commercial use. You may not use this website or the materials available on this website in a manner that constitutes an infringement of our rights or that has not been authorized by us. Without the prior written permission of afootwego.com and the permission of any other relevant rights owners, you may not modify, copy, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this website.

This prohibition does not extend to materials on this website which are clearly labelled as being freely available for re-use or are in the public domain. You may download, print, and/or share one copy of individual pages of this website for non-commercial use, provided that you keep intact all copyright and other proprietary notices.

afootwego.com respects the intellectual property rights of others. It is our policy to respond to any claim that content posted on this website infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or are authorized on behalf of one, and you believe that copyrighted work has been copied by afootwego.com in a way that constitutes copyright infringement, please bring this to our attention via email, with the subject line: “Copyright Infringement”, and include the following information about the alleged infringement (consistent with a “DMCA Notice”):

  1. name or description of the infringing work,
  2. original content URL/URLs, and
  3. infringing content URL/URLs.
afootwego.com will investigate and respond promptly. If we have infringed copyright, the infringing content will be removed without delay.

In the event afootwego.com disputes your claim, we will offer justification of our position. You may be held accountable for damages (including costs and legal fees) for misrepresentation or bad-faith claims regarding any alleged infringement involving content found on and/or through this website.

Availability, Errors and Inaccuracies

afootwego.com is constantly updating product and service offerings on this website. We may experience delays in updating content and information on this website, and on any subsidiary or associated websites.

We do our best to ensure that the content and information provided on this website, and the resources available for download, are accurate and provide valuable information. The content and information found on this website may contain errors or inaccuracies and may not be complete or current. Products or services may be described inaccurately, or unavailable on this website and we cannot guarantee the accuracy or completeness of any content or information found on this website.

We therefore reserve the right to change or update website content and/or information and to correct errors, inaccuracies, or omissions at any time without prior notice.

afootwego.com accepts no responsibility for the content of any website to which a hypertext link from this website exists. Such links are provided for your convenience on an “AS IS” basis. Should you find any inaccurate information on this website, please inform us by email and we shall correct it as soon as it is practicable to do so.

Your Personal Responsibility

By using this website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this website or the resources available for download from this website. You agree to use judgment and conduct due diligence before taking any actions or implementing any actions suggested or recommended on this website.

Privacy

Your use of this website is also subject to the afootwego.com PRIVACY POLICY. Please review our PRIVACY POLICY, which also governs this website and informs users of our data collection practices. Your agreement to the PRIVACY POLICY is hereby incorporated into these TERMS and CONDITIONS of USE.

By using this website, you warrant that all data provided by you, in keeping with our PRIVACY POLICY, is accurate.

Limitations on Linking and Framing

You may establish a hypertext link to this website so long as the link does not state or imply any sponsorship of your site by afootwego.com or by this website.

You may not, without written permission from afootwego.com, frame or inline link any of the content of this website, or incorporate into another website or other service any of our material, content or intellectual property.

If so requested by afootwego.com, you must immediately cease providing links to this website.

Links To Other Websites

This website may contain links to third party websites or services that are not owned or controlled by afootwego.com. These links are provided to you as a convenience, and the inclusion of any such link does not imply endorsement by afootwego.com of the third party website or, any association with its operators.

afootwego.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that afootwego.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions of use, and any privacy policies, of any third party websites or services that you visit.

Certain services made available to users and customers of this website may be delivered by third-party websites and/or organizations with whom afootwego.com has entered into a contractual relationship for such a service or functionality. By using any product, service, or functionality originating from this website, you hereby acknowledge and consent that afootwego.com may share with such a third party such information and data as is necessary to enable it to provide the requested service or functionality.

Use of Downloadable Digital Content

When purchasing a digital product from this website, or downloading a free digital product in exchange for your email address from this website, you are granted a limited, personal, non-exclusive, and non-transferable license of such materials for your personal use only.

You acknowledge and agree that under this license you have no right to:

  1. modify, copy, reproduce or sell such materials;
  2. use such materials for any commercial purpose;
  3. remove any copyright or other proprietary detail from such materials;
  4. create derivative works based upon such materials;
  5. offer any competing products based upon such materials; or
  6. transfer such materials to another person.

Permission is granted to temporarily download one copy of any downloadable materials on the website for personal, non-commercial, and temporary viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy such materials;
  2. use such materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. remove any copyright or other proprietary detail from such materials; or
  4. transfer such materials to another person, or ‘mirror’ the materials on another website.

This license shall automatically terminate if you violate any of these restrictions, and may be terminated by afootwego.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

Conditions for Post Feedback

afootwego.com encourages feedback, including questions and discussion, about post content, as it will help us to improve our content and to provide information that is useful.

Our CONDITIONS for POST FEEDBACK (2½ mins to read) are linked from all post pages.

Indemnification

You agree to indemnify, defend, and hold harmless afootwego.com, its officers, directors, employees, agents and third parties, for any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) relating to or arising out of your use and access of, or inability to use this website or services, or of any user postings made by you or any person using your identification.

afootwego.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with afootwego.com in asserting any available defenses.

Termination and Access Restriction

afootwego.com may terminate or suspend and bar your access to this website immediately, without prior notice or liability, under our sole discretion, for any action by you which is in breach of these TERMS and CONDITIONS of USE.

If you wish to terminate your access, you may simply discontinue using this website.

All provisions of these TERMS and CONDITIONS of USE which by their nature should survive termination, shall survive such termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Non-Guarantee of Results

As set forth under “Disclaimer”, you agree that afootwego.com has not made any guarantees about the results of taking any action, whether recommended on this website or not. afootwego.com provides informational resources that are intended to help users of this website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of afootwego.com.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether users or clients of afootwego.com or otherwise, in applying the principles as set out in this website, are no guarantee that you or any other person or entity will be able to obtain similar results.

Guests

afootwego.com may, from time to time, provide information from a third party in the form of guest content (for example: a guest podcast, vodcast, blog post, or other forum). afootwego.com does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any podcast/vodcast/blog/ forum offered by afootwego.com agree to either:

  1. transfer all intellectual property rights they may have in any such forum to afootwego.com; or
  2. provide afootwego.com with a license to use any rights that they are unable to assign.

International Users

This website is controlled, operated and administered by afootwego.com from our offices in the State of Victoria, Australia. If you access this website from a location outside of Victoria, Australia, you are responsible for compliance with all local laws. You agree that you will not use content accessed through this website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Governing Law

These TERMS and CONDITIONS of USE are governed by the laws of the State of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these TERMS and CONDITIONS of USE and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. These TERMS and CONDITIONS of USE shall be binding to the benefit of the parties hereto and their successors and assigns.

Arbitration

By using this website, you hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this website, afootwego.com, any and all contracts you enter into with afootwego.com, and any and all of the products and services of afootwego.com.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in the State of Victoria, Australia. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against afootwego.com.

The arbitration shall be conducted in Melbourne, Victoria, Australia, by a single arbitrator. Such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing laws of Victoria and Australia.

To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

Entire Agreement

Unless otherwise specified herein, your agreement to these TERMS and CONDITIONS of USE, along with the PRIVACY POLICY, constitutes the entire Agreement between you and afootwego.com with respect to this website. This version supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and afootwego.com with respect to this website.

A printed version of this Agreement, and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties to this Agreement that this and all related documents be written in English.

Any failure by afootwego.com to enforce any right or provision of this Agreement shall not be considered a waiver of the rights contained herein. If any provision of these TERMS and CONDITIONS of USE is held to be invalid or unenforceable by a court, the remaining provisions of these TERMS and CONDITIONS of USE will remain in effect. These TERMS and CONDITIONS of USE constitute the entire Agreement between us regarding this website and its products and services, and supersede and replace any prior agreements we might have had between us regarding this website.

Changes to Terms

afootwego.com reserves the right, in its sole discretion, to change these TERMS and CONDITIONS of USE under which this website is offered. All changes are effective immediately when posted, and apply to all access to and use of this website thereafter.

The most current version of these TERMS and CONDITIONS of USE, as shown on this website, will supersede all previous versions. Your continued use of this website following the posting of revised TERMS and CONDITIONS of USE means that you accept and agree to the changes. If you do not agree with the changes to these TERMS and CONDITIONS of USE, you can choose to discontinue your use of this website.

afootwego.com encourages you to periodically review these TERMS and CONDITIONS of USE to stay informed of our updates.

Contact

afootwego.com welcomes your questions or comments regarding these TERMS and CONDITIONS of USE:

You can always contact us, using the link below:

Change log

First published: 26 January 2024.

Updated: 01 May 2024 [Conditions for Post Feedback added]

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