Welcome to my website! Please accept a virtual gold star for checking out this page: 🌟

These terms and conditions are about visiting and using this website only. The are not written to cover any specific writing or photography work that we decide to undertake together. If we agree to work together, a separate and specific contract will be created (or, for smaller projects, we’ll work things out over email).

If you continue to use my website, you agree to be bound by these terms and conditions, which are similar to others you’ll have read (or, more likely, not read). They’re hopefully a little easier to understand as I’ve tried to translate most legalese into plain language.

The terms ‘I’, ‘we’ and ‘viviennepearson.com’ will be used interchangeably. ‘You’ and ‘your’ refer to you as a website user or visitor.

Info on this website

The information contained in this website is provided by me (Vivienne Pearson, at viviennepearson.com or viviennepearson.au) for general information purposes.

I aim to keep information up-to-date and correct but can’t promise to.

Here comes some legalese (sorry) that basically means ‘buyer-beware’ and ‘use this website at your own risk’:

I make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

Phew, that was a lot.

Websites I link to

On this website, I link to publications and businesses I’ve worked for.

Including a link doesn’t mean I recommend that website or endorse all the views expressed there. It doesn’t imply any relationship or arrangement other than the fact they’ve published my writing.

I don’t control these other websites so I can’t guarantee what you’ll find there. I can’t even promise they still exist (sadly, some of my best stories have disappeared off the web after closure of publications).

This website is reporting for duty

I’ll do my best to ensure this website is available and running smoothly. However I’m a writer, not a tech-whizz, so can’t promise this will always be the case.

I take no responsibility for (and will not be liable for) this website being temporarily unavailable due to technical issues beyond my control.

Here’s a copyright notice (which is different to a ‘copywriter notice’ – confusing, hey?)

This website and its contents are the copyright of Vivienne Pearson – © 2024. All rights reserved.

Use my stuff but don’t steal it

You’re welcome to learn from what’s on my website, including printing or downloading contents for personal and non-commercial use.

You can even copy some extracts to other individuals (they’re known as ‘third parties’) but, again, only for personal use and only if you’re clear it came from here. If in doubt, contact me to ask.

What you can NOT do is share or distribute the content on this website in a way that means you commercially benefit (or that I lose out commercially). You also can’t copy it or transmit it or store it on another website (or any other form of ‘electronical retrieval system’). If you’re at all unsure, please contact me.

If you’re in the business of creating similar work to me then you are a competitor of mine. While I’m generally very collegial with others, I will hold you fully responsible for any loss I may sustain, and profits that you might make, from unpermitted and improper use of this website.

More ‘don’t steal my stuff’ stuff

This website also contains elements like design, layout, look, appearance and graphics. They’re mine (I either designed them or paid for them) so you’re not able to copy, use or distribute them.

I reserve all copyright and trademark in all documents, information and materials on this website (this doesn’t extend to the websites I link to). I reserve the right to take action against you if you breach any of these terms.

This website also might contain samples of work I’ve done for clients. You are not permitted to copy, change or use any of this material.

The only constant in life is change

These terms and conditions might change. If they change substantially, I’ll try to let you know.

More legal-speak

A second legalese warning for text that basically means I won’t be liable if you incur any loss or damage from using this site:

It is an essential precondition to you using our website that you agree and accept that viviennepearson.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Competition and Consumer Act

I don’t sell anything directly via this website. Any agreement about work, including scope, timelines, payments (and what to do if there’s anything less than joyful satisfaction), will happen via email, phone or other communication and then, as needed, put into a separate contract.

Because Australia is made up of states and territories…

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and viviennepearson.com that results in litigation then you must submit to the jurisdiction of the courts of NSW.

Some legal-speak that seems to go around in circles but is apparently important:

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

In conclusion, this is a whole agreement

These terms and conditions represent the whole agreement between you and viviennepearson.com concerning your use and access to this website and your use and access to the documents and information on it. Remember though that this ‘whole agreement’ is just about you visiting and using this website and, if we decide to work together, we’ll create a separate contract.

Let’s end with a paragraph of the most gobbledygook legal-speak I’ve ever read. I’ve really tried to understand it but can’t, so I’ll just leave it here in the hope lawyers will never have to argue about it in my hearing:

No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Are you still here?

I’m super impressed. Here’s another (virtual) gold star for you: ⭐️