1. Welcome.

Welcome to The Mooney Journal (https://themooneyjournal.com) (the “Service”) and thank you for your interest in our content and use of our products and services.

2. Acceptance of Terms.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using The Mooney Journal (https://themooneyjournal.com) (the “Service”, “us”, “we”, or “our”), operated by The Mooney Journal, ABN 50 181 247 291 (“us”, “we”, or “our”), and before making any purchase or downloading digital content.

• Children under 18 years of age should not use The Mooney Journal unless under the direct supervision of an adult (18 years and over).
• These Terms and Conditions apply whenever you access this Website, regardless of how you do so.

3. Agreement to Terms.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service. If you disagree with any part of the Terms and Conditions, you may not access or use The Mooney Journal in any manner whatsoever.

• By accessing or using The Mooney Journal, you acknowledge, accept, and agree to abide by and be bound by these Terms and Conditions.
• Any violation of these Terms and Conditions may result in suspension or termination of your access to the Website and potential legal action, including under Australian law and other applicable jurisdictions.
• You agree to use this Website in accordance with all applicable laws and regulations.
• You agree not to interfere with or disrupt the security, functionality, or performance of the site, nor upload or transmit harmful code, spam, or illegal content, nor infringe any copyright, trademark, or intellectual property rights.
• You agree not to use, or authorise any third party to use, this Website for any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise inappropriate purpose, or in a way that conflicts with the Website or its Services.
• If you contribute to any forum or make public comments which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent, obscene, or inappropriate, we may refuse to publish or may remove such comments at our discretion.
• We reserve the right to refuse or terminate access to The Mooney Journal to anyone, at any time, without notice or reason.

4. Access from Outside Australia.

We do not represent or warrant that this Website or its content complies with the laws of any country outside of Australia. If you reside outside Australia and access or use this Website, you do so at your own risk.

5. Provision of Service.

The Mooney Journal does not guarantee to provide this Service indefinitely. At our sole discretion, and at any time, we may limit, deny, modify, or discontinue the Service with or without notice.

• We reserve the right to deny further or continuing access to the Service to any visitor who we determine has violated these Terms and Conditions.
• We reserve the right to seek and obtain any other remedies available under applicable laws or equity as a result of your breach of these Terms and Conditions or any other act or omission that gives rise to a claim by The Mooney Journal.

6. Other Services.

The Mooney Journal may offer other services governed by separate Terms and Conditions. In such cases, the applicable Terms will be displayed on the relevant service.

7. Use of the Service.

The Mooney Journal does not grant you ownership of any intellectual property rights in our Service or its content. You may not use content from our Service unless permitted by its owner or by law. These Terms do not grant you the right to use any branding or logos used on the Service. Please do not remove, obscure, or alter any legal notices displayed in or with our Service.

8. Third-Party Content.

Our Service may display some content not owned by The Mooney Journal. Such content is the sole responsibility of the entity that provides it. We may review or remove content that we reasonably believe violates our policies or the law, but we are not obliged to review all content.

9. Communication.

In connection with your use of the Service, we may send you service announcements, administrative messages, and other information. You may opt out of some of these communications.

10. Mobile Devices.

The Mooney Journal can be viewed on mobile devices. You are responsible for ensuring that your use of the Service does not distract you or prevent you from complying with traffic, machinery, or other safety laws.

11. Automated Access.

You agree not to use or launch any automated system, including without limitation “robots”, “spiders”, or “offline readers”, that sends more requests to our servers in a given period than a human could reasonably produce using a conventional web browser.

12. Unauthorised Scraping and Data Harvesting.

• You agree not to use any automated system, bot, crawler, or manual process to monitor, copy, collect, scrape, or harvest data or content from this Website without our prior written consent.
• Any unauthorised scraping or data collection may lead to your access being suspended or terminated and may result in legal action under the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), and other relevant legislation.
• You agree not to collect or harvest any personally identifiable information, including account names, nor to use the communication systems provided (e.g. comments, email) for any commercial solicitation purposes.

13. Changes Without Notice.

The information and data on The Mooney Journal are subject to change without notice.

14. Language Translation.

If you use automatic translation services in connection with the Service, you do so at your own risk.

15. Downloaded Material.

Any material downloaded or otherwise obtained through the Service is accessed at your own risk. You are solely responsible for any damage to your system or loss of data resulting from such downloads.

16. Changes to Terms.

• We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time.
• Your continued use of the Service following publication of updated Terms constitutes acceptance of those changes.

17. Business Use.

If you are using the Service on behalf of a business, that business accepts these Terms and agrees to indemnify and hold us harmless from any claims, losses, or expenses (including legal fees) arising from or related to its use of the Service or any breach of these Terms.

18. Purchases.

• Unless otherwise stated, all prices are quoted in Australian Dollars (AUD) and include GST for Australian sales. Prices may change at any time.
• To make a purchase, you may be required to provide information including your name, email, payment details, billing, and shipping information.
• You represent and warrant that you have the legal right to use any payment method provided and that all information supplied is correct and complete.

19. Third-Party Payment Services.

We may employ third-party services to process payments. By submitting your information, you grant us permission to share it with such third parties subject to our Privacy Policy.

20. Orders.

• We reserve the right to refuse or cancel orders for reasons including but not limited to product availability, pricing errors, or suspected fraud.
• We may refuse or cancel your order if unauthorised or illegal activity is suspected.

21. Subscriptions.

Currently, no subscriptions are offered by The Mooney Journal.

22. Accounts.

You may need to create an account to access some features. You are responsible for safeguarding your account by using a strong password and restricting its use. We are not liable for any loss resulting from failure to comply with these responsibilities.

23. Content and Conduct.

• You may encounter content that you find offensive or objectionable. Use of the Service is at your own risk.
• Content on the Service does not constitute legal advice and does not create a lawyer–client relationship. Users should seek qualified legal advice as needed.

24. Content Accuracy.

• The content provided may contain inadvertent errors or inaccuracies. We reserve the right to correct such errors or make updates at any time without notice.
• We may remove or replace content at our discretion.

25. Your Rights.

• You retain ownership of any content you submit, post, or display.
• By submitting content, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sub-licence) to use, reproduce, adapt, modify, publish, and distribute such content in any media.
• You acknowledge that such use may occur without compensation and may involve adaptation for different media or platforms.

26. Registration.

• To access some features, you must register an account.
• You may not use another person’s account without permission.
• You must provide accurate and complete information when registering.
• We reserve the right to remove or edit inaccurate or misleading information at any time.

27. Passwords and Logins.

• You are responsible for maintaining the confidentiality of your login credentials.
• You must notify us immediately of any breach or unauthorised use.
• While we are not liable for losses from unauthorised use, you may be held responsible for losses incurred by others.

28. Links to Other Websites.

• The Service may contain links to third-party websites not owned or controlled by us.
• Linked sites have their own Terms and Conditions, which you should review.
• We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any linked websites.
• We are not liable for any damage or loss arising from your use of linked sites.
• Use of such links is entirely at your own risk.

29. Linked Websites.

• The Mooney Journal does not sponsor or endorse any linked materials.
• Makes no warranties regarding the quality, accuracy, or fitness for purpose of any linked content.
• Does not authorise or guarantee that linked content is free of intellectual property infringement.

30. Disclaimer of Warranties and Liability.

• The Service is provided “as is” and “as available”.
• We disclaim all warranties, express or implied, including those of merchantability or fitness for purpose.
• We do not warrant that the Service will be error-free, uninterrupted, or meet your requirements.
• Your use of the Service is at your sole risk.
• We are not liable for any direct, indirect, or consequential damages arising from your use of the Service.
• Nothing in these Terms excludes rights under the Australian Consumer Law that cannot be excluded by law.

31. Copyright and Intellectual Property.

• The Mooney Journal and all original content, including text, software, code, images, audio, and video, are owned by Peter Mooney and protected by Australian and international law.
• No part of this Website may be reproduced without written permission, except as permitted under the Copyright Act 1968.
• You agree not to copy, modify, or republish any material except as expressly permitted.
• All user-submitted content remains the responsibility of the contributor.

32. Law and Copyright Infringement.

• We do not review all material before posting and accept no liability for user submissions.
• We reserve the right to disclose user identities if required by law.
• You waive and hold harmless The Mooney Journal from any claims resulting from actions taken in response to investigations by us or law enforcement authorities.

33. Geographic Restrictions.

We make no claim that the Service or its content is accessible or lawful outside Australia. Access from other jurisdictions is at your own risk and responsibility.

34. Governing Law and Jurisdiction.

• These Terms are governed by the laws of New South Wales, Australia.
• Any legal proceedings shall be brought exclusively in the Courts of Australia.
• No foreign law, judgment, or regulatory order shall override these Terms.
• If any provision is found unenforceable, the remainder shall remain in full force.

35. Waiver and Severability.

• Failure to enforce any provision shall not constitute a waiver of that provision.
• If any provision is held invalid, it shall be limited or removed to the minimum extent necessary so that the remaining Terms remain in effect.

36. Privacy Policy.

We take reasonable care with any personal information you provide. However, we do not guarantee the security of information transmitted to us. Transmission is at your own risk, though we will take reasonable steps to preserve security.

37. Returns and Refunds.

See our Refund, Return and Repairs Policy for Digital Products.

38. Public Commentary and Conduct.

We encourage rational debate and respectful discussion. In the event of malicious attacks or defamatory statements directed at The Mooney Journal or its writers, we reserve the right to respond publicly and factually, in accordance with applicable law.