Terms and Conditions

Effective date: 21.03.2021

Website Terms of Use

Megan Bayliss T/A The Junk Wave  (ACN 79655369786)

  1. This website ("Site") is owned and operated by Megan Bayliss of The Junk Wave (TJW).
  2. Via this Site, TJW provides access to materials, including but not limited to Professional Development (PD) materials, forms, policies, proformas, articles, newsletters, seminar notes, videos, manuals, resources, precedents and publications ("Materials").
  3. By accessing, browsing or using this Site, you agree to be bound by these terms, conditions and disclaimers as amended from time to time ("Terms of Use"). Please read these Terms of Use carefully before using this Site. These Terms of Use are in addition to any terms and conditions that may apply to your membership with your professional body. If you do not agree to be bound by these Terms of Use, please immediately discontinue your use of the Site.
  4. TJW may amend these Terms of Use from time to time without notice. Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by these Terms of Use, as amended.
  5. TJW reserves the right to vary or modify the information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site or Materials, without notice and without liability.

    PRIVACY
  6. TJW may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to AASW's Online Privacy Statement http://www.aasw.asn.au/privacy. Your continued use of the Site and your provision of your personal information constitutes your approval for AASW to deal with your personal information.

    MEMBERSHIP AND MEMBER SECTION
  7. Certain areas of the Site are only accessible to TJW members ("Member's Section").
  8. To access the Member Section, you will need to enter your login details. You are responsible for maintaining the confidentiality and security of your Member ID and password. You are responsible for any and all activities on this Site which occur under your Member ID and password.
  9. Termination of your subscription to TJW may limit or eliminate your access to the Member's Section.
  10. TJW reserves the right to disable access to the Member's Section at any time without notice or liability.

    SUBMISSIONS
  11. From time to time, you may be able to post reviews and/or comments regarding the features of this Site including the Materials ("Submissions"). You irrevocably grant to TJW a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of TJW all moral rights in any jurisdiction.
  12. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify TJW for any losses, costs, expenses or damages that TJW may suffer or incur as a result.
  13. TJW reserves the right - but not the obligation - to review, edit or delete any Submissions that TJW deems to be illegal, offensive or otherwise inappropriate.

    LINKS TO OTHER SITES
  14. You will be able, through hypertext or other computer links, to gain access to other Sites connected somehow with TJW, its affiliates or other third parties ("Linked Sites"). Unless otherwise specified, the Linked Sites are not under TJW's control. The Linked Sites may have different terms of use and privacy requirements. Unless otherwise specified, TJW is not responsible for the content of any Linked Sites, or any changes or updates to such sites. TJW provides these links for your convenience only. You link to any such Linked Sites at your own risk. TJW is not a party to any transaction between you and a Linked Site. Unless specified, TJW does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

    DISCLAIMER (USE OF THE SITE)
  15. TJW does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site ("Information") or that it is suitable for your intended use. The Information is provided by TJW in good faith on an "as is" basis without warranty of any kind.
  16. TJW does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.
  17. TJW makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information downloaded.
  18. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.

    THIRD PARTY MATERIAL
  19. Certain Information may include material from third parties.
  20. You agree that TJW is not responsible for examining or evaluating the content or accuracy of the third party material and AASW, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
  21. You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that TJW is not in any way responsible for any such use by you.

    INTELLECTUAL PROPERTY (SITE)
  22. © The Junk Wave 2021. All rights reserved.
  23. You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of TJW or third party suppliers as the case may be.
  24. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without TJW's prior written consent. However, you may download and print these Terms of Use and the Online Privacy Statement for your personal non-commercial use.
  25. Any trade marks and trade names which appear on this Site are proprietary to TJW and/or its affiliates. Use of these trade marks without the owner's (including the AASW) consent will infringe the owner's intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

    SPAM
  26. The publication of TJW's email addresses on this Site is to facilitate communications relating to the services supplied by TJW. It must not be inferred as consent by TJW to receive unsolicited commercial electronic messages.

    USE OF MATERIALS
  27. Materials available in the Subscriber's Section only are available for your own professional needs and not for use outside of the field of the human/community services.
  28. You acknowledge and agree that all Materials are protected by copyright or other intellectual property rights and laws and remain the property of TJW or third party suppliers as the case may be.
  29. Other than for the purpose set out at clause 27 above, you may not and may not authorise any third person to:
    a) copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Materials;
    b) modify or make any alterations, additions or amendments to any part of the Materials;
    c) create derivative works from, any content, information, software, or services obtained from the Materials;
    d) convert the Materials into an electronic format other than the one in which it was supplied;
    e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Materials or reproduce all or any portion of the said components;
    f) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.
  30. Regardless of whether the Materials includes security technology that limits your use of the Materials you must comply with these use of Materials provisions or you may infringe copyright.

    DISCLAIMER (USE OF THE MATERIALS)
  31. None of the Materials constitute legal or professional advice.
  32. Use of the Materials by workers in the community services does not in itself equate to compliance with applicable professional standards and regulations. You must be aware of your professional obligations and best practice. If you are not aware of your obligations, TJW, its authors and suppliers recommend that you seek advice, before using the Materials.
  33. You acknowledge that you have not made known either expressly or by implication to TJW any purpose for which you require the Materials and you have the sole responsibility of satisfying yourself that the Materials are suitable for your use.
  34. TJW does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the Materials or that they are suitable for your intended use. The use of the Materials is at your own risk.
  35. TJW will use reasonable endeavours to ensure that the date a Material was last updated will be displayed on the Site or Material. It is your responsibility to check if the Material is the latest version and most up to date version of the publication.
  36. TJW does not warrant or represent that the Materials are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
  37. Materials may include material from third party authors or suppliers in which case the statements, opinions and conclusions are those of the third party authors or suppliers.
  38. You agree that TJW is not responsible for examining or evaluating the content or accuracy of the third party material and AASW, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
  39. TJW, its authors or its suppliers may make changes to Materials at any time in their sole discretion without notice or liability.
  40. TJW reserves the right to suspend, remove or disable access to the Materials at any time without notice or liability.

    LIABILITY
  41. TJW will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information or Materials on this Site. Under no circumstances will TJW be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of this Site results in the need for servicing or replacing of equipment, TJW will not be liable for those costs.
  42. Where liability cannot be excluded, any liability incurred by TJW is limited to the re-supply of the Information or Materials on the Site or the reasonable costs of having the Information or Materials re-supplied.
  43. Certain goods and services may be advertised for sale on the Site ("Goods"). Should you purchase any of the Goods, the following terms will apply:
    43.1 Except as the Terms of Use specifically state, or as contained in any express warranty provided in relation to the Goods, the agreement for the supply of Goods from TJW to you does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or any contractual remedy for their failure.
    43.2 If you are a consumer as defined in the Australian Consumer Law Schedule of the Competition and Consumer Act ("ACL"), nothing in the Terms of Use restricts, limits or modifies your rights or remedies against TJW for failure of a statutory guarantee under the ACL.
    43.3 If clause 43.2 does not apply, then other than as stated in the Terms of Use or any written warranty statement, TJW is not liable to you in any way arising under or in connection with the sale, use of, storage or any other dealings with the Goods by you or any third party.
    43.4 TJW is not liable for any indirect or consequential losses or expenses suffered by you or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed under the ACL.
    43.5 Nothing in the Terms of Use is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
    43.6 You acknowledge that you have not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by TJW in relation to the Goods or their use or application.

    JURISDICTION
  44. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Queensland. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.