Date of last update: May 2023
Introduction
These terms of use (“Terms”) govern your access and use of this website which is operated by [Nicky Lobo trading as Nicky Lobo ABN 65 415 512 880 (“we”, “us”, or “our”).
By accessing and using this website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use this website. We reserve the right to refuse service to anyone for any reason at any time, at our discretion.
We reserve our right to change these Terms at any time, without notice to you. When we change these Terms, we will also update the “Date of last update” at the top of these Terms. You should check this page occasionally to ensure you are familiar with any changes.
Intellectual property rights
All intellectual property rights (including copyright and trademarks) in the content and design of this website are owned by us.
You may, for personal use only, print a copy of any part of this website to view it. All other use, copying or reproduction of any part of this website is prohibited without our prior written approval.
Prohibited uses
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
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 our site or to your downloading of any material posted on it, or on any website linked to it.
Links
This website may provide links to other websites. This is done for your convenience only. We take no responsibility for the accuracy or currency of the information on those sites. We do not endorse any information, goods or services referred to within those sites, and our provision of these links should not be taken as an endorsement.
Liability
We are not liable to you on any basis (including negligence) for any loss or damage (however caused) arising out of or in connection with your use of this website or its contents.
Our total liability to you for any claims arising out of or in connection with your use of this website or its contents under any statutory right that cannot be excluded is limited at our option to either the resupply of the relevant services or the payment of the cost of same.
Disclaimer
If you choose to use the website, you do so at your own sole risk.
We make no representation that anything offered through the website is available for use in other locations, or that it complies with laws and regulations of other locations.
We make no warranty that the website will meet your requirements or be available on an uninterrupted, secure or error-free basis.
We make no warranty regarding accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the website, or that this website is free of viruses or other harmful components.
Indemnity
To the fullest extent allowed by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, losses and expenses (whether in tort or in contract) arising out of or related to your use of this Website.
Privacy policy
We are committed to protecting your personal information. Please refer to our Privacy Policy below, which describes how we collect and manage your personal information. By agreeing to and accepting these Terms, you also agree to and accept the terms of our Privacy Policy.
Severability
If any part of these Terms is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.
Waiver
Any failure or delay by us to enforce any provision of these Terms will not be interpreted as a waiver of our rights or remedies.
Termination
These Terms are effective until terminated by us, which we may do at any time and without prior notice to you.
Any rights or obligations that have accrued up to and including the date of termination will survive.
Governing law and jurisdiction
These Terms, and all related matters, shall be governed and interpreted by the laws of New South Wales.
Any dispute under these Terms shall be subject to the exclusive jurisdiction of the Courts of New South Wales.
Contact us
If you have any questions about these Terms, please contact us by emailing nicky@nickylobo.com
