top of page

Terms and Conditions
the not so fine print

​Effective Date: 01/01/2025

Thank you for visiting The Discerning Listener website (the “Website”). By accessing or using our Website—including all pages and both public and private member areas—you agree to be bound by the following Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not access or use our Website.

1. Definitions

For the purposes of these Terms, the following definitions apply:

  • Website: The collection of webpages, applications, content (static or dynamically generated), and member areas operated by The Discerning Listener.

  • User: Any individual or entity accessing or using the Website.

  • Member: A registered user who has been granted access to private or restricted areas of the Website.

  • Content: All text, graphics, images, logos, software, audio clips, video clips, and data—whether static or dynamic—available on or through the Website.

  • Third-Party Content: Any content, advertisements, or links provided by or on behalf of third parties.

  • Intellectual Property: The rights in copyrights, trademarks, patents, and trade secrets.

2. Acceptance of Terms

By accessing and using the Website, you confirm that you have read, understood, and agree to these Terms and any additional policies, including our Privacy Policy incorporated herein by reference. Continued use of the Website signifies your ongoing acceptance of any modifications to these Terms.

3. Intellectual Property, Copyright, and Protection

3.1 Ownership

  • All Content: Every element of the Website—including text, images, graphics, design, software code, and other data—is the exclusive intellectual property of The Discerning Listener or its licensor.

  • Trademarks: All trademarks, service marks, and logos used on the Website are the property of The Discerning Listener or the respective owners. No license is granted to use any trademark without our explicit, written consent.

3.2 Permitted Use

  • Personal, Non-Commercial Use: You may view, download, and print materials from the Website for your personal, non-commercial use only.

  • Restrictions: Any reproduction, modification, distribution, commercial exploitation, or public display (beyond personal use) is strictly prohibited unless you receive prior written authorization.

3.3 DMCA and Infringement Notices

  • We comply with the Digital Millennium Copyright Act (DMCA). If you believe that your work has been used on the Website without proper authorization, please follow our DMCA notice procedures by contacting us as outlined in Section 12 (Contact and Notice Provisions).

4. License Grant

4.1 License to Access and Use

  • Limited License: We grant you a limited, revocable, non-transferable license to access and use the Website strictly in accordance with these Terms.

  • Scope: This license is strictly for accessing and interacting with the Website under the terms set forth here and does not grant any rights to sub-license, distribute, or commercially exploit any content.

4.2 User-Generated Content

  • Submission License: If you submit or post content (such as comments, uploads, or forum posts) on the Website, you grant The Discerning Listener a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, publish, and display your content solely for the purposes of operating, promoting, and improving the Website.

  • Responsibility: You are solely responsible for ensuring that any content you submit does not violate the intellectual property rights of third parties.

5. User Conduct and Prohibited Activities

5.1 Acceptable Use

  • Lawfulness: You must use the Website only for lawful purposes and in a manner that does not infringe on the rights of others or interfere with their use of the Website.

  • Account Security: If you create a member account, you agree to provide accurate, complete, and current information and to maintain the security of your credentials.

5.2 Prohibited Conduct

  • Unauthorized Access: Attempts to gain unauthorized access to any part of the Website or related systems are prohibited.

  • Malicious Activities: You must not transmit any viruses, malware, or other harmful software, nor engage in any activities that could harm, disable, or alter the operation of the Website.

  • Harassment and Abuse: Harassing, threatening, or abusing other users is strictly forbidden and may result in account suspension or termination.

5.3 Enforcement and Termination

  • We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms—including immediate termination of access to the Website without prior notice.

6. Privacy and Data Collection

  • Privacy Policy: Your use of the Website is governed by our Privacy Policy Please review it to understand our practices regarding the collection, use, and disclosure of your personal information.

  • Data Security: We employ technical and organizational measures to protect your data; however, we cannot guarantee absolute security in all instances.

7. Third-Party Links and Content

  • External Links: The Website may contain links to third-party websites or resources. These links are provided solely for your convenience. The Discerning Listener does not control, endorse, or assume any responsibility for the content on such websites.

  • Third-Party Content: Any third-party content found on the Website is not subject to these Terms unless explicitly stated.

8. Disclaimer of Warranties

  • As-Is Basis: The Website and all its content are provided on an “as is” and “as available” basis without any representations or warranties of any kind, either express or implied.

  • No Guarantees: While we strive to provide accurate and up-to-date information, we do not warrant the accuracy, completeness, or reliability of any content on the Website.

  • Third-Party Content: We make no warranty regarding third-party content and disclaim all liability for any inaccuracies that may arise from external sources.

9. Limitation of Liability

  • Exclusion: To the fullest extent permitted by law, The Discerning Listener and its officers, agents, affiliates, or employees shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages arising out of or relating to your access or use of the Website.

  • Damage Caps: In jurisdictions where liability exemptions are limited by law, our maximum aggregate liability will not exceed the amount you have paid (if any) to access the Website within the preceding three months.

10. Indemnification

  • You agree to defend, indemnify, and hold harmless The Discerning Listener, its officers, agents, affiliates, and employees from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Website or any violation of these Terms.

11. Modifications to the Terms

  • Right to Modify: We reserve the right to change, modify, or update these Terms at any time without prior notice. Any changes become effective immediately upon posting.

  • Continued Use: Your continued use of the Website following any such modifications constitutes your acceptance of the revised Terms.

  • Notification: We encourage periodic review of this document to stay informed of any updates.

12. Governing Law and Jurisdiction

  • Choice of Law: These Terms shall be governed by, and construed in accordance with, the laws of the applicable jurisdiction as determined by The Discerning Listener.

  • Dispute Resolution: Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts within the specified jurisdiction. In some cases, we may require disputes to be resolved through arbitration or mediation as a condition of using the Website.

13. Additional Provisions

  • 13.1 Severability

  • If any provision of these Terms is found to be invalid or unenforceable under any applicable law, the remaining provisions will continue in full force and effect.

  • 13.2 Entire Agreement

  • These Terms, along with any other legal notices published by us on the Website, constitute the entire agreement between you and The Discerning Listener regarding your use of the Website.

  • 13.3 Export Control

  • You agree to comply with all applicable export control laws and regulations in using the Website. Unauthorized export or re-export of any content may be a violation of these laws.

  • 13.4 Age Restrictions

  • Access to the Website is not intended for individuals under the age of [insert age requirement]. If you are under this age, please do not use the Website or provide any personal information online.

  • 14. Contact and Notice Provisions

  • If you have any questions or concerns about these Terms or wish to report an alleged infringement or other issue, please contact us at:

  • The Discerning Listener Email: [Insert Email Address] Address: [Insert Physical Address]

  • All notices, inquiries, or claims should be sent to the contact details above. We will make reasonable efforts to address your concerns in a timely manner.

  • By accessing or using The Discerning Listener Website, you acknowledge that you have read, understood, and agree to these Terms and Conditions in their entirety.

Privacy Policy

​Effective Date: 01/01/2025

At The Discerning Listener, your privacy is paramount. We are committed to safeguarding the confidentiality, integrity, and security of any personal and non-personal information you share with us. This Privacy Policy explains how we collect, use, store, and protect your information whenever you access or use our website, including both public and private member areas.

1. Introduction

  • Our Commitment: We value your trust and are dedicated to maintaining the highest levels of confidentiality in managing your data. Your personal information is held in the strictest confidence and is used solely for the purposes described in this policy.

  • Scope: This policy applies to information collected through our website, mobile applications, or any other interactions you may have with The Discerning Listener.

  • Consent: By accessing or using our website, you consent to the collection and use of your information as described in this Privacy Policy.

2. Information We Collect

2.1 Personal Information

  • What We Collect: You may voluntarily provide personal information including, but not limited to, your name, email address, mailing address, telephone number, and any other details you choose to share when registering as a member, subscribing to our newsletter, or contacting us.

2.2 Non-Personal Information

  • Automatically Collected Data: We automatically collect technical data such as IP addresses, browser types, device information, operating system details, and usage data (pages visited, time spent, and clickstream data). This information is used to improve our services and website functionality.

2.3 Cookies and Tracking Technologies

  • Usage of Cookies: Our website uses cookies and similar technologies to enhance your user experience, analyze trends, and administer the site. You can control cookies through your browser settings; however, disabling cookies may affect the functionality of certain website features.

3. How We Use Your Information

  • Service Improvement: We use the information collected to personalize and improve our services, diagnose and fix technical problems, and develop new features or offerings.

  • Communications: Your contact details may be used to communicate with you regarding updates, promotional offers, or changes to our policies. You may opt out of these communications at any time, subject to legal and contractual restrictions.

  • Analytics: Data is aggregated and analyzed to provide insights into how users interact with our website. This analysis helps us to improve our content, user experience, and technical performance.

  • Legal and Security Purposes: When necessary, your information may be used to protect the security and integrity of The Discerning Listener, enforce our policies, or comply with legal obligations.

4. Data Confidentiality and Security

  • Highest Level of Confidentiality: All user data is treated with the highest level of confidentiality. We implement robust technical measures, including encryption protocols, secured access controls, and regular security audits to prevent unauthorized access, disclosure, alteration, or destruction of your information.

  • Access Controls: Access to personal data is strictly limited to authorized employees, contractors, and service providers who require the information to operate, maintain, or improve our services.

  • Data Protection Standards: We adhere to industry best practices and applicable data protection regulations to ensure the security of your personal data.

  • No Sale of Personal Data: We do not sell, rent, or otherwise share your personal information with third parties for their marketing purposes without your explicit consent.

5. Disclosure of Your Information

  • Third-Party Service Providers: We may share your data with trusted third-party vendors who assist us with website operations, analytics, marketing, and customer service. These providers are contractually obligated to maintain the confidentiality and security of your information.

  • Legal Requirements: We may disclose your information if required to do so by law or in response to a legally valid request from law enforcement or governmental authorities.

  • Business Transfers: In the event of a merger, acquisition, or other business reorganization, your information may be transferred as part of the transaction. We will take appropriate steps to ensure your information remains protected.

6. Data Retention and Deletion

  • Retention Period: We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.

  • Deletion Requests: You have the right to request the deletion or removal of your personal data from our records, subject to applicable laws and regulations. To request deletion, please contact us using the information provided in Section 10.

7. Your Rights and Choices

  • Access and Correction: You may request access to, review, or update the personal information we maintain about you.

  • Opt-Out: You can opt out of receiving promotional communications at any time by following the unsubscribe instructions in the communications or by contacting us directly.

  • Data Portability and Objection: Depending on applicable laws, you may have additional rights regarding the portability or restriction of your information. Please review your rights under your local data protection regulations.

8. International Data Transfers

  • Global Operations: Your information may be stored and processed in countries outside your home country. When such transfers occur, we ensure that appropriate safeguards are in place to protect your data in accordance with applicable laws.

9. Children's Privacy

  • Underage Users: Our website is not intended for children under [insert age requirement, e.g., 13 or 16]. We do not knowingly collect personal information from children. If you believe that a child has provided us with personal information without necessary parental consent, please contact us immediately.

10. Changes to This Privacy Policy

  • Policy Updates: We periodically review and update this Privacy Policy to reflect changes in our practices, technology, or legal requirements. Any changes will be posted on our website, and the updated policy will be effective as of the new effective date.

11. Contact Us

If you have any questions, concerns, or requests related to this Privacy Policy or our data practices, please contact our privacy team:

The Discerning Listener Email: admin@thediscerninglistener.com.au

By using our website, you acknowledge that you have read and understood this Privacy Policy and agree to be bound by all its terms. We remain dedicated to ensuring that your personal information is protected and treated with the highest levels of confidentiality.

bottom of page