These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
About these website terms and conditions
We created this website terms and conditions with the help of a Contractology precedent available at www.freenetlaw.com.
License to use website
Praxis Professional Services Pty Limited, as trustee for The Somervaille Trust, (‘Praxis’) owns the website and the intellectual property rights in the construction of the website. Praxis owns the copyright on all puzzles featured in the website. Stephen Jones and Michele Day, proprietors of Muddled Puzzles, own the trade mark ‘Sudokion’. Subject to the license below, all these intellectual, copyright and trade mark property rights are reserved to these parties.
Unless you have a written agreement with Praxis you must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website; or
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent of the owner.
You must not use this website for any purposes related to marketing without express written consent of the owner.
Access to certain areas of this website is restricted. Praxis reserves the right to restrict access to areas of this website, or indeed this entire website, at its discretion.
If Praxis provides you with a user identity and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user identity and password are kept confidential.
If you breach the terms of these terms and conditions Praxis may disable your user identity and password at its sole discretion without notice or explanation.
User content (if you submit material to the website)
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the blog on this website, for whatever purpose.
You grant to Praxis a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Praxis the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Praxis or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Praxis reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website.
Notwithstanding its rights under these terms and conditions in relation to user content, Praxis does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Praxis makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Praxis does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Limitations of liability
Praxis will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Praxis has been expressly informed of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Praxis’ liability in respect of any:
- fraud or fraudulent misrepresentation on the part of Praxis; or
- matter which it would be illegal or unlawful for Praxis to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Praxis has an interest in limiting the personal liability of its officers, employees and associates. You agree that you will not bring any claim personally against Praxis’ officers, employees or associates in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Praxis, its officers, employees, associates, agents, subsidiaries, successors, assigns and sub-contractors.
For the purposes of this clause, Stephen Jones and Michele Day are to be regarded as associates of Praxis.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Praxis and undertake to keep Praxis indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Praxis to a third party in settlement of a claim or dispute on the advice of Praxis’ legal advisers) incurred or suffered by Praxis arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Praxis’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Praxis may take such action it deems appropriate to deal with the breach, including suspension of your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that it blocks your access to the website and/or bringing court proceedings against you.
Praxis may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Praxis may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Praxis in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of Australia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New South Wales.
Registrations and authorisations
Praxis Professional Services Pty Limited’s ABN (Australian Business Number), acting as trustee for The Somervaille Trust, is 20 469 395 671. Praxis’ registered address is Post Office Box 60, Broadmeadow, New South Wales, 2292, AUSTRALIA.