Website terms of use

Shirley Hitschmann trading as H&M Productions [ABN 71 851 883 025] (referred to in these Terms of Use as we, us or our in) owns and operates this website, hmproductions.com.au (Website). Access to and use of this Website and the products and services available through this Website (Services) are subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

Amendments to Terms of Use

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website after any notification of this type will represent an agreement by you to be bound by the Terms of Use.

Website

Access to this Website is permitted on a temporary basis. We reserve the right to withdraw or amend the Services or this Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Website.

Linked sites

This Website may contain links to other websites (Linked Sites), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for any loss or damage that may arise from your use of Linked Sites. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each Linked Site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found on this page; Privacy Policy. By using this Website, you consent to the process described in the privacy policy and promise that all data provided by you is accurate.

Things you must not do

(a) You must not misuse this Website. In agreeing to the Terms of Use, you warrant that you will not:

  • (i) commit or encourage a criminal offence; 

  • (ii) transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

  • (iii) hack into any aspect of the Service; 

  • (iv) corrupt data; 

  • (v) cause annoyance to other users;

  • (vi) infringe upon the rights of any other person's proprietary rights;

  • (vii) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

  • (viii) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

You understand and acknowledge that breaching this provision and these obligations would constitute a criminal offence and that we will report any breach of this type to the relevant law enforcement authorities and disclose your identity to them.

(b) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

Intellectual property, software and content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of the Website Owner or its licensors and are protected by copyright laws and treaties around the world. We reserve all such rights and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Disclaimer of liability

(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.

(b) To the fullest extent permitted by law, We expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. 

Linking to this website

Our Site may contain links to other websites (Third Party Websites). We do not have any control over Third-Party Websites and we are not responsible for the protection and privacy of any personal information that you provide whilst visiting them. Third-Party Websites are not governed by this Privacy Policy, even if you followed a link from our website to the Third Party website.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Us and you should not rely on the existence of such a connection or affiliation. Any trademarks and/ or names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner. For any questions or notices, please contact us.

Indemnity

You agree to indemnify, defend and hold harmless Website Owner, its directors, officers, 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 this Website or your breach of the Terms of Use.

Variation

We reserve the right, in our absolute discretion, at any time and without notice to you to amend, remove or vary the Services or any page of this Website.

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us as follows:

Shirley Hitschmann trading as H&M Productions [ABN 71 851 883 025]  

Email: info@hmproductions.com.au

Last update: 30 June 2022