Terms & Conditions
1. Acceptance
By using danielsanmartin.com (the "Site") you agree to these terms, together with the Privacy Policy and Disclaimer that govern danielsanmartin.com's relationship with you. If you do not agree, please do not use the Site. In these terms, "us", "our", and "we" refers to danielsanmartin.com, and "you" and "your" refers to you, the visitor or user of the Site.
2. Amendment of terms
We may change, modify, add, or remove portions of these terms at any time. Please check this page regularly. We will endeavour to highlight any significant changes where possible. Your continued use of the Site is conclusive evidence of your agreement to the most recent version.
3. Use of content
All content on the Site (text, images, articles, frameworks, and graphics) is owned by Daniel San Martin unless stated otherwise. You may read, share, and quote short excerpts with attribution. Republishing full articles or using content for commercial purposes requires written permission. You may not, except with our express written permission, distribute or commercially exploit the content, transmit it, or store it in any other website or electronic retrieval system.
4. No advice relationship
The articles, frameworks, and ideas published on the Site are general in nature. They do not constitute professional, financial, legal, or business advice tailored to your specific situation. A formal engagement is required for that, and is governed by a separate written agreement signed by both parties.
5. Consulting services
By engaging our services, you agree that danielsanmartin.com is reliant on the information you supply in order to deliver the services and cannot be held responsible for results based on incomplete or inaccurate client information. You are liable and fully responsible for any decisions you make based on our services or recommendations and for any consequences that may result. Any information on the Site is educational in nature and is not a substitute for professional advice based on your specific business or personal circumstances.
6. Limitation of liability
To the extent permitted by law, danielsanmartin.com is not legally responsible for any loss or damage you might suffer related to your use of the Site, whether from errors or omissions in our content, any services we may offer, or from any other use of the Site, including reliance on third-party links, comments, or information. Your use of, or reliance on, any information on this Site is at your own risk.
It is your responsibility to ensure that any services or information available through the Site meet your specific needs. You acknowledge that materials may contain inaccuracies and we expressly exclude liability for these to the fullest extent permitted by law.
7. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), danielsanmartin.com's liability for any breach of a term of this agreement is limited to: the supplying of the services to you again, or the payment of the cost of having the services supplied to you again. You must be over 18 years of age to use the Site or to engage our services.
8. Third-party links
The Site may from time to time link to other websites, advertisements, or information for your convenience. This does not necessarily imply sponsorship, endorsement, or any arrangement between danielsanmartin.com and the owners of those websites. We take no responsibility for the content of linked sites and accept no liability for any information or advice provided to you directly by third parties.
9. Privacy
We are committed to protecting your privacy and adhere to the Australian Privacy Principles. All information we receive is protected by secure servers. Please read our separate Privacy Policy for full detail.
10. Third parties
We do not and will not sell or deal in personal or customer information. We may use information you provide, in a general and de-identified sense, to create marketing statistics, identify user demand, and improve the Site and our services.
11. Disclosure of information
We may be required to disclose information in good faith in limited circumstances: where required by law or by a court, to enforce our customer agreements, or to protect the rights, property, or safety of our customers or third parties.
12. Exclusion of competitors
If you are in the business of creating similar materials or services for the purpose of providing them for a fee to users, you are a competitor of danielsanmartin.com. We expressly exclude and do not permit you to use or access the Site, to download any documents or information from it, or to obtain any such documents or information through a third party. If you breach this term we will hold you fully responsible for any loss we sustain and for all profits arising from such use.
13. Whole agreement
These terms represent the whole agreement between you and danielsanmartin.com concerning your use of and access to the Site. No other term is included in this agreement except where required by Commonwealth, State, or Territory legislation. All implied terms, except those implied by statute and which cannot be expressly excluded, are excluded.
14. Exclusion of unenforceable terms
Where any clause above is illegal, void, or unenforceable in any State or Territory under applicable statute, that clause shall not apply in that State or Territory. Such a clause, if legal and enforceable elsewhere, continues to be fully enforceable in those other States and Territories. The deemed exclusion of any term shall not affect the construction or enforceability of the remaining clauses.
15. Governing law
These terms are governed by the laws of New South Wales, Australia. If a dispute arises between you and danielsanmartin.com that results in litigation, you must submit to the jurisdiction of the courts of New South Wales.