Terms and Conditions

Terms & Conditions

Effective Date: 23 September 2025

Business Name: Honest and Open Conversations

ABN: 30 933 709 208

Location: New South Wales, Australia

Terms and Conditions

Operative Provisions

1. Introduction

1.1 Terms and Conditions to the Website

This website (referred to in these Terms and Conditions as the Website) is owned and operated by Brenden Emmerton ABN 30 933 709 208, trading as Honest and Open Conversations, who is referred to in these Terms and Conditions as “we”, “us”, “our”, “Honest and Open Conversations” and similar grammatical terms.

1.3 The Website is available for you to:

(a) Access conditionally on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website you are agreeing to these Terms and Conditions.
(b) Upload material or information conditional on your acceptance without alteration of the terms and conditions set out in this document.

2. Who Can Use Our Website

2.1 You must be at least 18 years old (or have reached the age of maturity in your jurisdiction) and have the legal authority to enter into this agreement. You must not use the site if doing so is illegal in your jurisdiction or prohibited by applicable law.

2.2 If you are under the age of 18 (or legal maturity in your jurisdiction), you must obtain consent from a parent or legal guardian before using our services or making purchases.

3. Use of material on the Website

3.1 Generally:

(a) Except for the limited use set out in clause 3.1(b) you may not use the Website, or the material contained on it, for any purpose. This includes:

(i) the reproduction of the material in any material form;
(ii) the distribution of the material in any material form;
(iii) re-transmission of the material by any medium of communication;
(iv) uploading or reposting the material to any other site on the Internet; and
(v) “framing” the material on the Website with other material on any other website.
(b) The above are unlawful in any jurisdiction and are specifically prohibited by these Terms and Conditions.

(c) Despite the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

(d) You may not modify or copy:

(i) the layout of the Website; or
(ii) any computer software and code contained in the Website.

(e) We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by us. The material provided on the Website is provided for personal use only and may not be:

(i) re-sold or re-distributed in any material form;
(ii) stored in any storage media; or
(iii) re-transmitted in any media, without our prior written consent.

3.2 Links to other websites

(a) This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control.

(b) In relation to the other sites on the Internet, which are linked to the Website, we:

(i) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
(ii) are not responsible for the material contained on those linked sites.

3.3 Disclaimer Information

(a) We are making the Website available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website or linked sites on the Internet.

(b) To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:

(i) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites; and
(ii) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites.

(c) We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(i) acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
(ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.

3.4 Disclaimer Use

(a) We do not warrant, guarantee or make any representation that:

(i) the Website, or the server that makes the site available on the Internet are free of software viruses;
(ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(iii) errors and defects in the Website will be corrected.

(b) We are not liable to you for:

(i) errors or omissions in the Website, or linked sites on the Internet;
(ii) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(iii) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

(c) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

3.5 Limitation of liability

(a) Clause 3.3 (disclaimer Information) or clause 3.4 (disclaimer Use) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

(i) if the breach of an implied warranty or condition relates to services:

(A) the supply of the services again; or
(B) the payment of the cost of having the services supplied again; and

(ii) if the breach of an implied warranty or condition relates to goods:

(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of such goods; or
(C) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

3.6 Use of personal information gathered

(a) We and any people or legal entities authorised by us may gather and process the personal information:

(i) which you may provide when accessing the Website, such as your name, address, e-mail address, VPN and other personal information about you; and
(ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.

(b) We may authorise others to offer you goods and services using the information acquired, as described in clause

3.6(a).

(c) We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full Privacy Policy available on our Website for details of how we collect, store and use your personal information.

3.7 Termination of access

(a) We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

3.8 Alteration of these Terms and Conditions

(a) We reserve the right to change these Terms and Conditions:

(i) with or without further notice to you; and
(ii) without giving you any explanation or justification for such change.

3.9 Intellectual property rights

(a) All logos, icons, brand names or service names that identify the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

3.10 Relevant jurisdiction

(a) If any part of these Terms and Conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
(b) These Terms and Conditions will be governed by and interpreted in accordance with the law of the State of New South Wales of Australia, without giving effect to any principles of conflicts of laws.
(c) You agree to the jurisdiction of the courts of New South Wales of Australia to determine any dispute arising out of these Terms and Conditions.

4. Our Services & Offerings

(a) Our Website provides podcast content, digital downloads, and merchandise. These Terms and Conditions apply to all products and services offered through our site. By accessing or using any portion of the site, you agree to be bound by these Terms and Conditions.

(b) Any digital downloads or merchandise purchased is for personal, non-commercial use only and is non-transferable.

5. Commercial Terms & Purchases

5.1 When you make a purchase:

(a) You enter into a legally binding agreement upon payment completion.
(b) Prices are displayed in AUD, inclusive of GST where relevant.
(c) We reserve the right to correct pricing errors or adjust prices at any time; confirmed orders remain at the original price.
(d) Payments are processed securely via third party providers. We do not store your full credit card details.

6. Returns & Refunds

6.1 Our Returns & Refunds Policy applies (available via our Website). For faulty or misdescribed items, you are entitled to repair, replacement or refund under Australian Consumer Law (ACL).

6.2 Subject to the ACL, returns for change of mind are not offered on digital downloads or merchandise purchased from us.

7. Amendment Rights

7.1 We may modify, suspend, or discontinue any feature of our Website or services, with or without notice, and without liability.

7.2 Where this will materially affect paid-for products, we will provide appropriate remedies as required by law.

8. Terms of use relating to you uploading material or information to our Website

8.1 Uploading information

(a) You represent and warrant in relation to any material or information you provide to the Website that:

(i) you are authorised to provide the material or information;
(ii) the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(iii) the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
(iv) the material or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(v) the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Website or any law in any country where the material or information is or will be available electronically to users of this Website.

8.2 Licence to use intellectual property

(a) By uploading any material that is protected by intellectual property rights including, but not limited to, copyrighted works and material other than works, trade marks and service marks (“Intellectual Property”) on to the Website, you are granting us a perpetual, non-exclusive and payment-free licence throughout the world to:

(i) reproduce, use and exploit the Intellectual Property, as part of the Website, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and
(ii) allow us to sub-licence others the same rights granted to us in clause 8.2(a) above.

8.3 Removal of information

(a) In relation to any material or information included on the Website, we may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material or information.

8.4 Limit of liability

(a) We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
(b) in relation to or in connection with any material or information supplied in respect of advertising on this Website; and
(c) as a consequence of removing any material or information from this Website.

8.5 Indemnity

(a) You will at all times indemnify and keep indemnified us and our respective officers, employees and agents (“Those Indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

(i) any breach of these Terms and Conditions by you; and
(ii) publication of or distribution of the material or information supplied by you.

9. Warranties & Liability

9.1 We comply with statutory warranties under the ACL.

9.2 Except as required by law, our services and products are provided “as is” without warranties to the fullest extent permitted by law.

9.3 To the maximum extent permitted by law, we exclude liability for indirect, incidental, or consequential loss, without limiting your rights under ACL.

10. Promotional Communications

10.1 By opting in, you may receive marketing materials and newsletters. You can unsubscribe anytime via links in such emails.

11. Customer Support

For any questions or concerns:
Email: bpemmerton@gmail.com

12. Updates to these Terms and Conditions

12.1 We may update these Terms and Conditions from time to time. Significant changes will be communicated via our site or email. Your continued use of the Website or services after updates take effect constitutes your agreement to the updated Terms and Conditions.