Terms of Use

These terms are a notice about using troykelly.com (the “site”). They set out the basis on which I make the site available to you, and the limits of what you can expect from a personal website run by one person.

I have written them to be read, not to trap you. Where the law gives you rights that cannot be taken away — in particular the consumer guarantees under the Australian Consumer Law — nothing here reduces those rights.

Acceptance

By accessing or using the site, you accept these terms as they stand on the day you use it. If you do not accept them, please do not use the site.

This is a notice rather than a signed contract: there is no account to create and no button to click, so I ask you to treat continued use of the site as your acknowledgement of these terms. If any part of them does not sit right with you, you are free to stop using the site at any time.

Who runs this site

The site is run by Troy Kelly, an individual based in Sydney, New South Wales, Australia. It is a personal blog and portfolio; it is not operated by, or on behalf of, any company, and there is no business entity behind it.

The only way to contact me about the site or these terms is by email at troy@troykelly.com. There are no contact or comment forms on the site.

Licence to use the site

I grant you a personal, non-commercial licence to access and read the site and to use its public features (such as the newsletter sign-up and the ask-the-blog assistant) for your own personal, non-commercial purposes.

Within that licence you may:

• read, browse, and privately save articles for your own use;
• share and quote the content with attribution, as described in my Copyright & Intellectual Property notice; and
• link to pages on the site.

The site is provided “as is” and “as available”. It is a personal project maintained in my own time. I do not promise that it will always be online, error-free, uninterrupted, or free of bugs, and I may change, suspend, or withdraw any part of it at any time without notice.

No warranty and accuracy

The content on the site is my personal opinion, commentary, and technical writing, offered for general information only. I do not warrant that it is accurate, complete, current, or fit for any particular purpose, and I am under no obligation to keep it up to date.

You are responsible for deciding whether anything here is suitable for your own circumstances, and for obtaining your own professional advice before acting on it. The detail of this — including the fact that nothing here is financial, legal, tax, medical, or other professional advice, and how the ask-the-blog assistant works — is set out in my Disclaimer & No Professional Advice notice, which forms part of these terms.

Limitation of liability

Nothing in these terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term, that the law — including the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) — implies or imposes and that cannot lawfully be excluded. To the extent the Australian Consumer Law applies to your use of the site, you have the benefit of the consumer guarantees, and nothing here operates to exclude them.

I do not exclude, and do not attempt to exclude, any liability I may have for misleading or deceptive conduct.

Subject to the two paragraphs above, and to the extent permitted by law:

• I provide the site and its features without any warranty beyond those the law requires;
• I am not liable for any loss or damage — including any indirect, incidental, or consequential loss, loss of data, loss of profits, or loss arising from your reliance on the content — that results from your use of, or inability to use, the site or anything you find on it; and
• where any liability of mine for a failure to comply with a consumer guarantee in respect of services can lawfully be limited, and only to the extent that section 64A of the Australian Consumer Law permits, my liability is limited to supplying the relevant services again or paying the cost of having them supplied again. I do not otherwise rely on this limit, and it does not apply where the law does not allow it.

Acceptable use

I make the newsletter sign-up, the site search, and the ask-the-blog assistant available for ordinary, good-faith personal use. To keep them working and available for everyone, you must not:

• use automated tools, bots, or scripts to scrape the site or to submit newsletter sign-ups, searches, or ask-the-blog questions in bulk;
• attempt to overload, degrade, or interfere with the site, or to evade, defeat, or circumvent the rate limits and abuse protections applied to these features;
• probe, scan, or test the security of the site or its endpoints, or attempt any form of injection, tampering, or unauthorised access;
• submit another person’s personal information (for example, someone else’s email address to the newsletter) without their authority; or
• submit anything unlawful, harassing, defamatory, abusive, or that infringes another person’s rights.

Requests to these features may be rate-limited, throttled, delayed, or blocked, and access may be restricted or withdrawn, where I consider it necessary to protect the site or other readers. Activity that appears to be unlawful may be reported to the appropriate authorities. Interfering with a computer system without authority may also be an offence under Part 10.7 of the Criminal Code Act 1995 (Cth).

Third-party links and embeds

The site sometimes links to, or embeds media from, other people’s websites and services — for example videos or audio from YouTube, Vimeo, or SoundCloud on a post that includes them.

I do not control those third-party sites and services, I do not endorse them, and I am not responsible for their content, availability, or practices. When you follow a link or a page loads an embedded player, you are dealing with that third party under its own terms and privacy policy, and you do so at your own risk. How embeds behave, and what data they may collect, is described in my Cookies & Analytics notice.

Intellectual property

The original writing, code snippets, images, and design on the site are mine unless otherwise attributed, and are protected by copyright. Using the site does not transfer any ownership or intellectual-property rights to you.

What you may and may not do with the content — including personal use, sharing and quoting with attribution, and the rights I reserve — is set out in my Copyright & Intellectual Property notice.

Changes to these terms, severability, and entire agreement

I may update these terms from time to time. Any change takes effect when I post the updated version on this page; the effective date at the top of the page always shows the version currently in force, and I will note the change there where it is material. Because these are notices rather than a negotiated contract, your continued use of the site after a change means you accept the updated terms — and if you do not, you are free to stop using the site. I will not apply changes to your past use of the site retrospectively.

If any part of these terms is found to be invalid or unenforceable, that part is to be read down to the extent needed to make it valid or, if that is not possible, severed, and the remaining terms continue in full force.

These terms, together with the Privacy Policy, Disclaimer & No Professional Advice, Cookies & Analytics, Newsletter & Anti-Spam Terms, and Copyright & Intellectual Property notices they refer to, are the entire understanding between us about your use of the site.

Readers outside Australia

The site is run from Australia for an Australian audience, but anyone, anywhere, can read it and use its features. If you access the site or use its features from outside Australia, you do so on your own initiative, you are responsible for complying with any laws that apply to you locally, and you agree to the processing and overseas transfers of information described in my Privacy Policy.

Governing law and jurisdiction

These terms, and your use of the site, are governed by the laws of New South Wales, Australia. You and I submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them. Nothing in this clause prevents either of us from relying on any right or protection available under a law that applies regardless of this choice.