Terms and Conditions

Terms and Conditions

The services offered by this site (the “Service”) are provided by the owner, or if applicable, licensee of this web domain.

 

This legal agreement is made between You and Us (“Agreement”). This Agreement applies to all of Our sites that are offering the Service.  Please read this Agreement carefully before registering for the Service or using the Service. By registering for the Service or using the Service, You become a member (a “Member”), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member.

 

THE TERMS AND CONDITIONS OF THIS AGREEMENT AND PRIVACY POLICY ARE SUBJECT TO CHANGE MADE BY US, AT ANY TIME, WITHOUT NOTICE.  IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS AND CONDITIONS AND PRIVACY POLICY.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER OR USE THE SERVICE.

 

In this Agreement the following words have the following meanings unless the context requires otherwise:

“Agreement” means the agreement between You and Us incorporating these terms and conditions for the provision of the Service, as amended from time to time in accordance with the terms and conditions set forth herein;

“We, Us, Our” means the owner, or if applicable, licensee of this web domain; and

“You, Your, Yourself” means the person who registers for the Service, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Us and/or otherwise uses the Service.

 

ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS.

By becoming a Member, You represent and warrant that You are at least 18 years old. By using this Web site, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for Your sole, personal use. You may not authorize others to use Your membership and You may not assign or otherwise transfer Your account to any other person or entity.

 

REGISTRATION AND SUBSCRIPTION:

Although You may register as a Member of the Service and/or use the Service for free, some parts of the Service may require you to become a subscriber and pay the fees that are set out.   This price list is part of this Agreement And We reserve the right, at any time, to change any fees or charges for using the Service.  To become a Member, You must register for the Service.  When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration form (“Registration Data”), and to maintain and update Your information to keep it accurate, current and complete.  You agree that We may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this Agreement and Your use of the Service and, in such event, You shall not be entitled to a refund of any unused subscription fees, if applicable.

 

TERM AND TERMINATION:

This Agreement will remain in full force and effect while You use the Service and/or are a Member.  Either You or We may terminate your membership, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party.  Upon such termination by Us without cause, We shall refund, pro rata, any unused portion of any subscription payments that We have received from You.  In the event that (a) You terminate your subscription or membership or (b) We determine, in our sole discretion, that You have violated this Agreement. You shall not be entitled to nor shall We be liable to You for any refund of any unused portion of any subscription payments that We have received from You, and We may continue to bar Your use of the Service in the future. Even after membership is terminated, this Agreement will remain in effect.

 

PROPRIETARY RIGHTS:

You represent and warrant to Us that the information provided and/or posted by you, including any image and/or photograph, are provided and/or posted by You and that You are the exclusive author and/or owner of that information including any image and/or photograph.  You assign to Us, with full title guarantee, all copyright, at any time, in connection with Your use of the Service. You waive absolutely any and all moral rights to be identified as author and any similar rights in any jurisdiction in the world.  In addition, other Members may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given express written permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, photographs or content on any Service, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

 

YOUR USE OF THE SERVICE: As a Member, You agree that:

(1) You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include any telephone numbers, street addresses, last names, URL’s or email addresses, other than where You are specifically asked for such information by Us.  You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other members. You are solely responsible for Your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other members.

 

(2) You are solely responsible for the content or information You publish or display (hereinafter, “post”) on the Service, or transmit to other members. You will not post on the Service, or transmit to other members or to Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include or post any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and You will not post any photos containing nudity or personal information. We reserve the right, but We have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section and, to the extent that We determine, in Our sole discretion, to do so, You shall not be entitled to a refund of any unused subscription payments that We have received from You.

 

(3) Email communications sent from Us or through Us are designed to make your use of this site more enjoyable. By becoming a member or using the site, You specifically agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, emails informing you about events We organize, emails informing You of promotions We run and emails informing You of changes to the Service. Should You not wish to receive any of Our email communications, please do not register with Us for the Service.

 

(4) You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services We provide may change at any time. You acknowledge that We reserve the right to sign out, terminate, delete or purge Your account from the Service if it is inactive. “Inactive” means that you have not signed in to the Service for a particular period of time, as determined by Us, in Our sole discretion (currently, we consider an account to be Inactive after 12 months).

 

(5) Our customer service employees are here to make your online experience enjoyable by providing assistance and guidance to You. When speaking to Our customer service employees on the phone or communicating with them by any other means, You undertake not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service employees feel, at any given point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your membership and You shall not be entitled to the refund of any subscription payments We have received from You.

 

We are entitled to investigate and terminate Your membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:

 

(a) You will not impersonate any person or entity.

(b) You will not “stalk” or otherwise harass any person.

(c) You will not express or imply that any statements You make are endorsed by Us, without Our specific prior written consent.

(d) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

(e) You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

(f) You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.

(g) You will not interfere with or disrupt any Service or any site, servers or networks connected to any Service or site.

(h) You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

(i) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

(j) You will not “frame” or “mirror” any part of the Service, without Our specific prior written consent.

(k) You will not use meta tags or code or other devices containing any reference to Us or the Service or the site connected to the Service in order to direct any person to any other web site for any purpose.

(l) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so.

 

INDEMNITY BY MEMBER:

You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including:

(I) Your breach of this Agreement; (II) any allegation that any materials that You submit to Us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (III) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

 

ONLINE CONTENT:

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

 

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.

 

WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.

 

INTELLECTUAL PROPERTY.

All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in Service are the property of their respective owners.

 

PRIVACY:

The personal information (including sensitive personal information) You provide to Us will be stored on computers. You consent to Our using this information to build up a profile of interests, preferences and browsing patterns and to allow You to participate in the Service. You also agree to read, review, comply with, uphold and maintain Our terms and conditions thereof. If you are located outside of the United States, please note that the information that you provide is being sent to the United States. By becoming a member of the Service, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Service.

 

DISCLAIMERS:

WE PROVIDE THE SERVICE ON AN “AS IS” BASIS AND, TO THE MAXIMUM EXTENT PERMISSABLE BY LAW, GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE.  TO THE MAXIMUM EXTENT PERMISSABLE BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

 

Although each member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Service and that You may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about You due to Your use of the Service, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others.

 

WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

 

LIMITATION OF LIABILITY:

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.

 

WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE OR USING THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.

 

COMPLAINTS:

To resolve a complaint regarding the Service, You should first contact Our customer service department by clicking: contact us.

 

DISPUTE RESOLUTION:

This Agreement is governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions.  You agree to personal jurisdiction by and venue in the state courts of the state of Victoria, Australia. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

 

PURCHASES; OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of this Agreement by this reference.  You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall prevail with respect to your use of that portion of the Site or the specific service.

 

Our obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

 

Prices and availability of goods and services are subject to change without notice. We may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and We make no commitment to update the materials on the Site with respect to such products and services.

 

We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, We will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Our Return Policy.

 

GOODS AND SERVICES TAX

Because We do business throughout Australia, where appropriate We collect and remit Goods and Sales tax (GST) as required by law.  We reserve the right not to sell to resellers.

 

PAYING FOR YOUR ORDER

You may pay for your orders via Pay Pal.

 

If you ordered a special delivery item, you will be charged once a delivery time is confirmed. For digitally delivered orders, your credit or debit card will be charged at the time that you initiate the download of the product.

 

VALIDATING YOUR ORDER

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address.  We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

 

Payment will not be required, if we reject an order, but we will process a refund if the charge has been made.

 

ORDER ACCEPTANCE/CONFIRMATION

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

 

ORDER LIMITATIONS

We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

 

We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

 

We reserve the right to limit or prohibit sales to dealers.

 

SHIPPING

All orders placed on this site are subject to product availability.

 

In the rare event that your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.