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Terms and Conditions

Problogger is operated  Problogger Pty Ltd ABN 90 561 136 245 (“Problogger”).  In these terms and conditions, “we” “us” and “our” refers to Problogger.

The following terms and conditions, together with the Privacy Policy, govern your access to and use of this website, including provision of the Problogger.com Membership.

We reserve the right to amend these terms and conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

  1. Subscribers

    1. In order to access the services described in this Agreement, you must become a member and create an account with us via the website. You must complete registration by providing certain information as set out on our “Sign Up” page.
    2. Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide on registration.
    3. You warrant that your registration details are true and accurate at all times and you undertake to promptly update your registration details from time to time when they change.
    4. On registration, you will create a password and username. Only registered users will be able to access the services set out in this Agreement.
    5. We reserve the right to terminate your subscription at any time if you breach this Agreement.

  2. Services

    1. Problogger.com Membership – This website provides a paid service that allows you access private areas of Problogger:
      1. you apply for a subscription via your account with us;
      2. on activation of your subscription you are provided access to:
        1. Problogger.com Forum
        2. Problogger.com Discounts
        3. Problogger.com Products
        4. Problogger.com Private Webinars
        5. Problogger.com Newsletters
      3. We will continue to provide the Business service to you unless and until you request the service be discontinued or this Agreement otherwise expires or is terminated;

  3. Term

    1. This Agreement commences on activation of your subscription and continues for a period of one month (Initial Term) unless it is terminated earlier in accordance with the terms of this Agreement.
    2. Following the expiry of the Initial Term, this Agreement will be automatically renewed for successive 1 month periods, unless terminated in accordance with the terms of this Agreement.
    3. Any renewal of this Agreement or your subscription for services will be in accordance with our standard terms and conditions and pricing at the time the Agreement is renewed.

  4. Payment

    1. The prices for services provided under this Agreement will be as set out on the website at the time you apply for the services.
    2. All prices are in US dollars unless otherwise stated.
    3. Australian pricing will be inclusive of GST as set out in clause 5 below.
    4. All payments are non-refundable, except as provided by clause 10 below.

  5. GST

    1. Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act;
    2. Unless otherwise stated, any amount specified in this Agreement or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply;
    3. Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Agreement;
    4. If a third party makes a taxable supply and this Agreement requires a party to this Agreement (the payer) to pay for, reimburse or contribute to (pay) any expense or liability incurred by the other party to that third party for that taxable supply, the amount the payer must pay will be the amount of the expense or liability plus the amount of any GST payable in respect thereof but reduced by the amount of any input tax credit to which the other party is entitled in respect of the expense or liability.

  6. Your Conduct

    1. By accessing our website you warrant:
      1. you are over 18 years of age;
    2. You must not:
      1. use the website in breach of any applicable laws or regulations;
      2. use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
      3. interfere with, disrupt, or create an undue burden on the website;
      4. upload, post, transmit or otherwise make available any material that:
        1. is not your original work, or which may infringe the intellectual property or other rights of another person;
        2. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
        3. includes an image or personal information of another person unless you have their consent;
        4. you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
        5. contains large amounts of untargeted, unwanted or repetitive content; or
        6. contains financial, legal, medical or other professional advice.

        If you believe that a user has breached any of the above conditions, please contact us.

    3. We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
    4. By uploading, transmitting, posting or otherwise making available any material via the website, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
    5. We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
    6. You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.

  7. Intellectual Property

    1. All functional content and other material on this website, including the text, information, graphics, images, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to us. You must not copy, reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with our prior written consent, or as permitted by law. We reserve all our rights.
    2. Trade marks used on this website to describe third parties and their products or services are trade marks of those third parties.

  8. Linking and Third Party Content

    1. You must not frame, reformat, replicate or mirror any part of the website, or use any data mining robots or other extraction tools in relation to the website, without our prior written authorisation.
    2. You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents, including any intellectual property notices. At our request, you must immediately remove any link to our website.
    3. The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals(Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

  9. Disclaimer

    1. By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.

  10. Liability

    1. For the purposes of this clause:“Australian Consumer Law” means schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation;“Consumer Guarantee” means right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded; and

      “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.

    2. With the exception of Consumer Guarantees, we exclude:
      1. any term, condition or warranty that may otherwise be implied by custom, law or statute;
      2. any liability for loss caused by our negligence; and
      3. any liability for Consequential Loss.
    3. To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following:
      1. In the case of goods, to:
        1. the replacement of the goods or the supply of equivalent goods;
        2. the repair of the goods;
        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        4. the payment of the cost of having the goods repaired.
      2. In the case of services, to:
        1. the supplying of the services again; or
        2. the payment of the cost of having the services supplied again.

  11. Termination

    1. You may terminate this Agreement at any time via the website.
    2. For the purpose of this Agreement, the following are Terminating Events:
        1. the unremediable breach (which includes breaches of clauses 6.1 and 6.2) or threatened breach by you of any of your obligations under this Agreement;
        2. the unremedied breach by you of any of your obligations under this Agreement after having been given written notice by us of 30 days to remedy such breach;
        3. the appointment of any type of insolvency administrator in respect of your property or affairs;
        4. your entry or proposed entry into any scheme, composition or arrangement with any of your creditors; and
        5. any and all services provided to you under this Agreement have been discontinued.

      (Terminating Events)

    3. We may terminate the Agreement immediately at our option by written notice to you on the happening of a Terminating Event.
    4. Immediately upon expiration or termination of this Agreement for any reason, you must:
      1. cease using the website; and
      2. pay to us all outstanding amounts owing to us.
    5. Immediately upon expiration or termination of this Agreement for any reason, we:
      1. will cease to provide you any services under this Agreement; and
      2. may use remote or other means to limit or disable your access to, or use of, the website
    6. Termination or expiration of this Agreement shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of this Agreement which is expressly or by implication intended to continue in force after such termination.

  12. Privacy Policy

    1. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
    2. Our Privacy Policy is incorporated by reference into these terms and conditions. By using the website, you agree to the Privacy Policy.

  13. Jurisdiction

    1. These terms and conditions are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms and conditions or your use of the website.
    2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

  14. General

    1. This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.
    2. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
    3. No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
    4. The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.
    5. We may assign this Agreement at any time. You may assign this Agreement with our prior written consent.
    6. We may subcontract any of our obligations under this Agreement to any person.

  15. 16. Contact

    1. If you have any queries regarding these terms and conditions, please contact us.