Terms and Conditions

Website Terms and Conditions

TABLE OF CONTENTS

NO. ITEM PAGE NO.

Our Policies and Requirements for Users/Control/Supervision 2
Protecting Other People’s Rights 3
Government Requirements, Compliance, Taxes 4
Privacy, Confidentiality, Business Private Information 5
Force Majeure 5
Access, Security and Passwords 6
Rules of Conduct 7
Disclosure of Account Information to Third Parties 8
Representation and Warranties 9
No Warranties 10
Purchases 11
Limitation of Liability 12
Amendment, Assignment, Waiver 13
Professional Information Disclaimer 13
Third Party Applications 14
Safety, Risk 15
Term, variation, Right to Suspend or Terminate Services 16
Closing Account, Removing Account and Removing All Record of Account 16
Meaning of E & OE, Implied Terms Resolution Mediation, Litigation 19
Currency, Exchange, Charges for Currency Exchange, Regulation 21
Payments 22
Refunding, payment delay, no credit 23
Payment Methods 23
Our rights to protect our systems etc., by any available means 24
Disclaimer 29

Website Terms and Conditions

1. Our Policies and Requirements for Users/Control/Supervision

1. These Terms and Conditions govern your use of this website. In using this website, you are deemed to have read in full and agreed to the Terms and Conditions. If you disagree with these terms and conditions or any part of these terms and conditions and continue to use the site, you are bound by these terms and conditions for the entirety of your use of this website.

2. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us” refers to our Company. “Party”, “Parties”, or “Us” refers to both the Client and ourselves, or either the Client or ourselves as the context requires. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to prevailing law.

3. By using the Site, you agree to the terms of this agreement and to any additional rules and guidelines that we post on the Site. We may make changes to this agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend. Your use of the site following changes to this agreement will constitute your acceptance of those changes; provided, however, any material change to this agreement shall not apply retroactively to any claim or dispute between you and us in connection with this agreement that arose prior to the “LAST UPDATED” date applicable to that version of this agreement in which we included such material change. We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.

4. Requirements for Users

You must be at least [18] years of age to use this website. By using this website and by agreeing to these Terms and Conditions you warrant and represent that you are at least [18] years of age.

5. Control and Supervision

1. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

2. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.

3. You must not use this website to transmit or send unsolicited commercial communications.

4. Your use of the Services is subject to your creation and the Company’s approval. We have the right to refuse or limit your access to the Services. In addition, you grant us the right to access, index and cache the Properties, or any portion thereof, including by automated means. We may refuse to provide the Services to any Property.

2. Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
You will not take any action that infringes or violates someone else’s rights or otherwise violates the law.
We can remove any content or information if we believe that it violates this Statement or our policies
If you repeatedly infringe other people’s intellectual property rights, rights or entitlements, or our rights and entitlements, we will disable your account when appropriate.
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

3. Government Requirements, Compliance, Taxes

Governing Laws

These Terms and Conditions shall be governed by and interpreted in accordance with all applicable federal and state laws, rules and regulations of the United States and Australia. By accessing this website and using our services, you consent to these terms and conditions and to the jurisdiction of the United States and Australia courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Taxes

As between you and the Company, you are responsible for all taxes (if any) associated with the transactions between the Company and advertisers in connection with the maintenance of this website. You are responsible for all federal, state and local taxes, fees and other assessments (if any), which are required by law to collect and remit to the government on the Services that we provide to you. These charges may change from time to time without prior notice.

4. Privacy, Confidentiality, Private Information, Business Private Information

Confidentiality

You agree not to disclose Confidential Information without our prior written consent. “Confidential Information” includes: (a) all software, technology and documentation relating to the Services; (b) the existence of, and information about, beta features in a Service; and (c) any other information made available that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party.

Client records are regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’ with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by this company will only be in connection with the provision of agreed services and products.

5. Force Majeure

Neither party shall be liable to the other party for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

6. Access, Security and Passwords

Your use of the Services is subject to your creation and our approval of an account (herein referred to as “Account”). We have the right to refuse or limit your access to the Services. By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account.
You will be asked to choose a user ID and password which you will use to obtain access to your accounts through the Services. Your user ID and password must not contain any spaces, special characters (i.e. *, &, and :), and must not have consecutive repeating characters in excess of 2 (i.e. AAA, or 111). In addition, we may ask you to create and provide responses to authentication questions that may be used to verify your identity (together with your user ID and password, collectively referred to herein as “Access Information”). We may, at our option, change the parameters for the Access Information used to access the Services without prior notice to you. If we do so, you will be required to change your Access Information the next time you access the Services.
After you have successfully registered, you can use the Services seven (7) days a week, twenty-four (24) hours a day, although some or all of the Services may not be available during regularly scheduled maintenance periods, or during system/network interruptions.
You are responsible for obtaining, installing, maintaining and operating all software, hardware and other equipment necessary to access and use the Services including, without limitation, antivirus, anti-spyware and internet security software. You are also responsible for any and all fees imposed by any internet service provider or communications service provider.
You acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet and hereby expressly assume such risks. You further acknowledge that you are responsible for the data security of the systems used by you to access the Services, and for the transmission and receipt of information using such systems. You agree that we are not responsible for any errors or problems that may arise from the malfunction or failure of your computer, internet service provider or other systems, any virus, worm, or other problem that may enter your computer by downloading information or materials from, or otherwise related to your use of the Services. You further agree that we are not responsible for notifying you of any upgrades, fixes or enhancements to, or for providing technical support or other support for your systems.
You are solely responsible for keeping your Access Information confidential. If you believe the security of your Access Information has been compromised in any way, you must notify us immediately. We reserve the right, under certain circumstances, to deny you access to the Services if we reasonably believe your Access Information has been compromised in any way or is being used, or might be used, by any unauthorised person(s).

7. Rules of Conduct

In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behaviour. In addition, you will comply with the following “Rules of Conduct” as updated from time to time by us. You will not post, transmit, or otherwise make available, through or in connection with the Site in any event:

Anything that is or may be:
1. threatening, harassing, degrading, hateful or intimidating;
2. defamatory;
3. fraudulent or tortious;
4. obscene, indecent, pornographic or otherwise objectionable; or
5. protected by copyright, trademark, trade secret, right of publicity or other proprietary right, without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
Any material non-public information about a company without the proper authorization to do so.
Use the Site for any fraudulent or unlawful purpose.
Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
Impersonate any person or entity, including any of our (or our affiliates’) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; express or implied, that we endorse any statement or posting you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Frame or mirror any part of the Site without our express prior written consent.
Create a database by systematically downloading and storing all or any Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior, written consent.

8. Disclosure of Account Information to Third Parties

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

where it is necessary for verifying or completing transactions, or resolving a problem relating to a transaction;
with any subsidiary or affiliate for the purpose of completing transactions as requested by you;
where it is necessary for activating additional services;
in order to verify the existence and condition of your account to a third party, such as a credit bureau, merchant or payee authorized by you;
to a consumer reporting agency for research purposes only;
in order to comply with a subpoena, court order , a request from a governmental agency or a law enforcement authority;
if you give us your written permission; and
in accordance with our Privacy Policy,
as otherwise permitted by applicable law or as required by Government Regulations.

9. Representation and Warranties

Representation

By using the Software or Services provided on our website(s), you expressly represent and warrant that you are legally entitled and/or have capacity to enter this Agreement.

If you reside in a jurisdiction which restricts the use of the Services because of age or any other criteria, or restricts the ability to enter into agreements such as this one, you must comply to such limits and you must not use the Software and Services provided on our website(s).
Without limiting the foregoing, the Software, website content and Services are not available to children (persons under the age of 18/21) other than on terms set out in our clause dealing with Minors.
By using the Software or Services, you represent and warrant that you are over the minimum age in your country, 18/21 years old. By using the Software or the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and are able to abide the terms and conditions of this Agreement.
Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status/account, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws of your home nation, the country, state and city in which you are present while using the Software or Service.
You understand that personal use does not include business use and that you will be liable for charges for business use regardless of whether notified or agree before you commence to use our site for business purposes.
You warrant that all terms, conditions, requirements, inquiries, information or other communication pertaining to your use of our site are as set out in this document, our terms and conditions, or contained in written communication between you and our Client Support Department. No other variation of terms and conditions can occur at your request other than by these processes. Any verbal agreement, representation, warranty commitment or undertaking is specifically excluded.

10. Without Exception, No Warranties

The Company does not warrant this site and its content to any extent and for any purpose whatsoever and further:

All information on this website(s), including its provided Services and Software, are provided to you on an ‘as is’ and ‘as available’ basis, without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, non – infringement, or other violations of rights.
The Company will not endorse, warrant or make any representations regarding the accuracy, validity or reliability of, or the results of the use of, or otherwise respecting, the materials, services or software on this website(s), or any sites linked to this website.
You expressly understand and agree that any material downloaded or otherwise obtained through the use of the service and content of the website, is done at your own discretion and risk and that you assume that risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Particularly, we have no responsibility in any event and you specifically hereby discharge and release us form any such liability, which your entry to our site confirms your agreement to.
It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available through this site. We provide no advice recommendation guidance or direction to you. We accept no responsibility for guiding you and specifically exclude that element of our interaction. Any material provided is suggested only, and is not intended to be advice and counsel in any event. If you wish to be advised, please seek the advice of professionals or capable people, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content or material whatsoever data you can rely on for any particular course of action or result. risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
If you access any kind of management, advisory, legal, financial or other delicate or specialist information, including prices and fees for use of and access to our site, in order to make any sort of investment decision or other decision with respect to our Company or our products and services, you should seek any additional information, including professional advice, that would be required for you to make a sound, well-informed and reasonable decision.

11. Purchases

1. If you wish to purchase any Products made available through the Site (each

such purchase, a “Transaction”), you may be asked to supply certain information

in connection with such Transaction, including without limitation your credit

card number or other payment account number (for example, your wireless

account number), your billing address, and your shipping information. BY

INITIATING A TRANSACTION, YOU REPRESENT AND WARRANT THAT YOU (A) ARE

EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By submitting such information, you grant us the right to use such information in accordance with our Privacy Policy, including, without limitation, by providing such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

2. Descriptions and images of, and references to, products on the Site do not imply our endorsement of such products. Further, and presentation or sales description on this site is advertising and not precise, a term of contract or to scale or dimension precisely. Except to the extent prohibited by applicable law, we reserve the right, with or without prior notice, to:

Change such descriptions, images, and references;
Limit the available quantity of any Product;
Honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions;
Bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product;
Offer for sale and advertise, provided that, price and availability of any product offered through the Site are subject to change without notice;
Alter a price in the event that a product is listed at an incorrect price or with other incorrect information and we have the right to refuse or cancel any Transaction for such Product;
You shall pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network, data or other charges in respect of mobile downloads;
In addition, you remain responsible for any taxes (including, if applicable, GST and/or any transaction and import duties that may be applicable to your Transaction.

3. Except to the extent applicable law provides otherwise, all sales through the Site are final, and all charges from those sales are non-refundable, except as otherwise expressly set forth in this agreement or provided by law. We or our third party entities may automatically process charges against your selected payment method on the receipt page or when we provide you with a “Download Now” link. We or our third party entities will inform you if all or any portion of your order is cancelled or if additional or different information is required to accept your order.

12. Limitation of Liability

Company liabilities

In no event will be company, its respective service providers, employees, agents, officers and directors be liable to you in any event, for any damages of a general, specific, aggravated and punitive nature, whether direct or indirect, incidental or consequential, including any lost profits, costs incurred in substituted service or property, including lost opportunity, or for any claims by any third parties arising out of or linked in the way or related to access, use, content or downloads of our web site or any linked web site.
This disclaimer applies whether such claims are brought under any theory of law or equity or similar.

Your user/client liability

The Company has the right to deny you access and use of the website and its Content if you violate (as the Company may determine in its sole and absolute discretion) any provision of the Terms and Conditions.
The Company reserves the right to seek all other remedies available at law and in equity against you.
You agree, at your own expense, to defend, indemnify and hold The Company harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party in connection with or arising out of your access to, or use of, the website products, services, information or any of its content in a manner other than as expressly authorized by these Terms and Conditions, your breach of the Terms and Conditions or your violation of applicable laws or any rights of any third party.

13. Amendment, Assignment, Waiver

We may amend, revise or modify these Terms and Conditions at any time and from time to time in our sole discretion. We will provide you with seven (7) days notice by posting the amended terms and conditions on the Site, together with a notice that these Terms and Conditions have been amended. Any use of the Services following such notice will constitute your agreement to such change(s).

Assignment

You may not transfer, assign, or sub-contract any of your rights and obligations under these Terms and Conditions. We may assign, transfer, or sub- contract our rights and obligations under these Terms and Conditions without notifying you or obtaining your consent, and with no further liability.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof, and shall not cause a diminution of the obligations under this or any Agreement. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

14. Professional Information Disclaimer

We may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (“Professional Information”). Transmission of Professional Information is not intended to create a professional-client relationship between us or anyone associated with us and you. Professional information is provided “as is” without warranty of any kind, either express or implied and is intended solely for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any Professional Information rests with you. You further agree that we will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Professional Information.

15. Third Party Applications

If you use us to run applications developed by a third party or that access data, content or resources provided by a third party, you agree that we are not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person from which they originated and that we are not liable for any loss or damage that you may experience as a result of the use or access of any of those third party applications, data, content, or resources.

You should be aware the data, content, and resources presented to you through such a third party application may be protected by intellectual property rights which are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on these data, content, or resources (either in whole or in part) unless you have been specifically given permission to do so by the relevant owners.

If you use a third-party application, the application may access, collect, use, or disclose your personal information or require us to disclose your personal information – including location information(when applicable) – to the application provider or some other third party. If you access, use, or authorize third party applications through the Services, you agree and authorize Cardle It to provide information related to your use of the Services or the application(s).You acknowledge that your use of such third party applications, data, content, or resources may be subject to separate terms between you and the relevant third party. In that case, these Terms and Conditions do not affect your legal relationship with these third parties. Be sure that you have reviewed and are comfortable with the third party’s policies before using its application.

16. Safety, Risk

1. We do our best to keep these services and facilities safe, but we cannot guarantee it. We need your help to keep these services and facilities safe, which includes your compliance of the User Conduct set out in these Terms and Conditions. We all see your non-facilitation and non-encouragement of any violations of these Terms and Conditions.

2. Your personally identifiable information is kept secure. Only our authorised employees, agents and contractors of who have agreed to keep information secure and confidential have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

3. In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you were in the process of completing or completed shortly before a system failure or interruption should be verified by you through means other than the Services to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.

4. Monitoring.

We may, but have no obligation to:

(a) monitor, evaluate or regulate site use on the site;

(b) seek to verify that all rights, consents, releases and permissions in or relating to any activities have been obtained by you in accordance with your representations above;

(c) refuse, reject or remove or block any content or actions at any time or for any reason (including, without limitation, if we determine, in our sole discretion, that all rights, consents, releases and permissions have not been obtained by you despite any of your representations). You agree to cooperate with us in our verification or inquiries related to the foregoing.

We may disclose any submissions and the circumstances surrounding their transmission to anyone for any reason or purpose, and in accordance with our Privacy Policy. If you become aware of any unlawful, offensive or objectionable material(s) on or through the site (except for material that infringes copyright, which is addressed elsewhere herein, you will contact us with your name and address, a description of the material(s) at issue and the URL or location of such materials.

17. Term, variation, Right to Suspend or Terminate Services

This Agreement shall continue in perpetuity unless suspended or terminated in accordance with this section.

You consent that the Company may at any time suspend, vary or terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Website. If The Company terminates services and rights of use of the website, the Company MAY notify you of such termination by simple e-mail, or in any other way permitted by law. The Company reserves the right, in its sole discretion, to terminate any Accounts, posts uploads, or other at any time, including, without limitation, deactivating your Membership Name and Membership Password.
Termination of this Agreement shall not relieve you from any payment or other obligation or obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated, whether for services, products, use or any rights alike. In order to enforce legal procedure, some clauses of this Agreement shall survive regardless of termination, at the Company’s discretion.
In the event of termination, you agree, commit and warrant that you will no longer use and/or access any of the content, information, Services, Software related to this website and agreement

18. Closing Account, Removing Account and Removing All Record of Account

Closing your account

You have the right to proceed with your closure of your account at any time, subject only to the requirement in respect of any specific terms and conditions of that account. You terminate your account by contacting Customer Support. Any positive balance on your account is able to be reimbursed, but the monthly fees and charges paid will not be reimbursed in any event. (accumulated credits are not reimbursed).

The payments you have made for subscriptions and other charges are not transferable and will be eliminated from your account when you cancel or close it. From our closure, no further charges will be made. Closing your account generates the suspension/termination of your access to all previously accessible content. You have no access to your account and services offered on the website other than starting afresh. Further:

You are solely responsible for closing or terminating your account.
The company is not responsible for your decision to close the account or failure to properly close or terminate your account or for any credit card or other charges or fees you incur as a result of your failure to properly terminate your account.
Once your account is closed, you will not be able to open another one in the future without prior approval from support.

Removing your account

If you do not access your account by “logging in” and/or using your account name, login and password for a period of one hundred and eighty (180) consecutive calendar days, your account may be closed; therefore, the entire account balance will be deemed abandoned and forfeited. However, the requirement for log-in and entry is not and does not constitute any requirement for you to use any service, deposit funds or participate in any activity at “The Company” website other than logging in.

“The Company” reserves the right to close an account at any time, provided reasonable notice in the circumstances has been given. Also the company may suspend the operation of an account or close it without prior notice:

If you are not of legal age.
If it learns of your death or any other lack of legal capacity.
If you breach any of these terms or conditions.
If you violate or there is a persuasive reason to believe that you are in violation of any law or regulation that is applicable to your use of the services provided.
If there is a reason to believe that you are in any way involved in any fraudulent activity, other unlawful activity or criminal activity.
If there is reliable knowledge that the identity information specified by you is false.
If you ignore any additional rule provided by “The Company”.
In cases when there is no access to you with the data provided.

“The Company” also reserves its right to suspend your account, at any time, if:

There are justified reasons to believe that your account has been violated, or for other security reasons.
There are justified reasons to suspect that your account is using or has recently used, without authorization or by fraudulent means; “The Company” will notify you of the suspension before it happens or, if the notification would not be possible according to the specific circumstances, “The Company” will notify you as soon as possible after the suspension, unless law prohibits completion of the notification.
The company believes on reasonable grounds, that there is a basis for closure of your account, as listed in subparagraphs 1 to 8 above, and is investigating the basis for closure.

Removing all record of your account

“The Company” may, in its sole discretion, terminate any account or access to use, disable any account or access to, remove all or a portion of the user’s content, or put the user’s account on inactive status, in each case at any time, with or without given cause, with or without notice and without refund.

“The Company” has the right to delete any of the user’s data immediately following termination. If your account is classified (at sole discretion) as inactive for over 180 days, “The Company” has the right to permanently delete any of your data.

Upon termination of your account by you or “The Company”, these terms and conditions and any rights or licenses granted to you hereunder, shall immediately terminate except that all sections of this terms and conditions that by their nature should survive termination will survive termination, including, without limitation.

“The Company” reserves the right to remove any user provided records that comes to its attention and that it believes, in its sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or infringes in another’s intellectual property rights. Any record removal requests should be directed to the submitters of that data. In the event that a submitter dies, the records will remain online unless the family or executor of the estate removes the records using the submitter’s username and password.

19. Errors and Omissions, meaning of E & OE, Implied Provisions Consistent with the Tenor of these Terms and Conditions if No Provision, Resolution by Agreement, Mediation, Litigation Last Resort

Errors and omissions

“The Company”, its affiliates, its service provider, and its and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the content (including the user content), including but not limited to its accuracy, reliability, completeness, timeliness, or reliability. Neither “The Company” nor the service provider shall be subject to liability for truth, accuracy, nor completeness of any information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the site and the content at your own risk.

Neither “The Company” nor the service provider warrant that the site will operate error‑free or that this site, its server, or the content is free of computer viruses or similar contamination or destructive features. If your use of the site or the content results in the need for servicing or replacing equipment or data, “The Company” shall not be responsible for those costs.

“The Company” takes reasonable steps to protect the personal data provided from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the site may not be secure. Therefore, you should take special care in deciding what information you send to “The Company” via e-mail. Please keep this in mind when disclosing any personal data to “The Company” via the Internet. With this in mind, “The Company” shall not be liable to you (or any third party claiming alone or through you) for any loss or damage (including but not limited to consequential loss or damage) suffered, howsoever caused, arising from the CTS including but not limited to the acts or omissions of any person or entity and/or any error caused by machine or hardware malfunctions or manufacturer’s operating software defects unless it is caused solely and exclusively by the negligence or fraudulent or dishonest act of “The Company” or its officers.

The service operates “AS-IS” and “AS-AVAILABLE,” without liability of any kind. “The Company” is not responsible for events beyond its direct control. Because of the complex and constantly changing nature of its technology and business, “The Company” cannot guarantee nor do its represent that there will be error-free performance regarding the privacy of your personal information, and will not be liable for any indirect, incidental, consequential aggravated or punitive damages relating to the use or release of your personal information.

Meaning of E&OE

Errors and omissions excepted.

Implied provisions consistent with the tenor of these terms and conditions if no provision

Other than as expressly set out in these terms and conditions, no implied conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) shall apply with respect to these terms and conditions. You shall indemnify and hold “The Company”, its agents, affiliates, and licensors harmless from any third party claim or liability (including without limitation reasonable legal fees) arising out of: (i) your use of the web page and/or the services “The Company” provide in a manner inconsistent with the terms and conditions or written instructions; (ii) a breach by you of these terms and conditions.

Resolution by agreement

In the event of a dispute arising out of or in relation to the terms of this agreement, parties shall meet and make an effort to settle the dispute in an amicable manner through mutual consultation. If such persons are unable to resolve the dispute in a satisfactory manner within ten (10) business days, either party may seek binding mediation.

Mediation

The parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of International Arbitration & Mediation. The parties agree to share equally in the costs of the mediation. The mediation shall be administered by a neutral party, designated by an institution with international acknowledgement in these cases. Both parties will accept their competence and acknowledge them and accept their end results.

Mediation involves each side of a dispute setting out there case and argument in a “written brief” and then the parties meeting with an impartial person, the mediator, to attempt to reach a voluntary settlement. Mediation involves no formal court procedures or rules of evidence, and the mediator does not have the power to render a binding decision or force an agreement on the parties.

Litigation last resort

The good-faith-negotiation provision, described above, was intended basically as the first step of a more comprehensive procedural scheme and obligation – imposed upon both parties- “to seek prompt and expeditious non-judicial resolution of disputes between them. The procedures described and their sequence, make it evident that litigation was intended as a last resort, and not the beginning point, of the dispute resolution process. Further, still, the parties clearly intended to make litigation a dispute resolution mechanism of last resort.

20. Currency (AUS Dollars) Currency Exchange, Charges for Currency Exchange, Cost of Payment in your Currency, Regulation of Currency Transit

Payments will be in local currency (AUS. dollars). In addition to the fees applicable to the payment, a currency exchange rate will be applied charged to you.

Even when “The Company” offers the option to pay in other currency than the local one, not all the foreign currency is accepted to make the payment, however over time “The Company” might be adding new ones. When you make the payment, please note all the details and the currency exchange rate applicable to your transaction – if there are any fees added – before completing your transaction. The fees and the money “The Company” receives when it changes your foreign currency into dollars may vary based upon the payout currency that you select.

If the currency selected is the company’s local currency, then the transaction will be processed and the cost displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not local currency, then the transaction will be processed in AUS. dollars and the cost displayed during the checkout process will be an estimated conversion cost at the time of payment. In either case (whether the currency selected is the local currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and “The Company” makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of the local currency) or (b) the estimated conversion cost will be the same as either the amount processed or the amount posted to your bank statement (in the case of not local currency), and you agree to discharge and release any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

Wire transfers may be initiated in foreign currency to fund your account; However the default currency is AUS. Dollars. Foreign currency wires will be automatically converted and deposited in AUS. Dollars. Please note that exchange rate fees may apply. You agree that you will be responsible for all wire transfer fees, both incoming and outgoing, associated with your account. Any non-AUS. Dollars wire transfers may be subject to fees by your bank or intermediary banks, which may reduce the amount of the money received by “The Company” and subsequently funded into your account. All fees are subject to change at any time, and such changes shall be posted online and effective immediately without need for further notice to you.

You may pay for the services by using an AUS. issued Visa, MasterCard, American Express credit card, or debit card issued by or through a financial institution located in Australia (“Bank Card”).

Payments

Funding and spending. When you make a payment using the services provided by “The Company”, you agree to provide a valid funding instrument to load money into your electronic value balance. When you have successfully completed this funding transaction, “The Company” will then transfer that value to your intended recipient.

Cost. Pay attention to the details of the transaction, because your total cost may include taxes, fees, and shipping costs, all of which you are responsible for funding.

Extra terms. You may be presented with additional terms related to a specific payment before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction all of which you are responsible for funding and you agree to discharge and release any and all claims based upon such additions or discrepancies.

Subscriptions. If you made a payment for a subscription to an app or service or to a feature within an app or service, “The Company” will bill your funding instrument immediately, and then again on an automatic default system at the beginning of each subscription period. The following terms apply:

– If a free trial period is offered and you do not cancel during the free trial period, you will be billed at the end of the free trial period and at the beginning of each subsequent subscription period.

– You can cancel subscriptions at any time by on your account settings or by contacting customer support. Also you may want to turn off your automatisation of charge, which is set as default when you acquire a subscription.

– If you cancel a subscription you will still have access to the service you subscribed to through the end of the subscription period. If a service you subscribed to becomes unavailable during your subscription you will not be billed at the beginning of the next subscription period.

Actual sale. You may only use “The Company” payments section to process a funding transaction for a legitimate, bona fide payment of a product or service. You may not use “The Company” payments section to fund a transaction or otherwise transfer electronic value not in conjunction with a payment.

No Warranties. You acknowledge that the products or services you may pay for may be sold by third parties, and not by “The Company”. Therefore, “The Company” makes no warranties of any kind, express or implied, with respect to any products or services sold on or through “The Company” page. You agree to discharge and release any and all claims based upon such warranty.

22. Refunding, payment delay, no credit.

No refunds and no credit will be given by the Company for any of the fees chargeable to you. Other than a limited, revocable, non-transferable license to use the website, you have no right in or title to our products/services. The Company has the absolute right to manage, regulate, control, modify, and/or eliminate all offered services/merchandize/content of the website, as the Company sees fit in its sole discretion, and the Company shall have no liability to you or anyone for the exercise of such rights or in any event.

In the event of faulty printed book please ‘Contact us’ and we will organise a replacement.

23. Payment Methods

Funding instruments. “The Company” wants to make its payments section convenient, so its allow you to fund your transactions using a number of different sources, like credit cards and debit cards, and other payment methods.

Authority. When you provide a funding instrument to “The Company”, you confirm that you are permitted to use that funding instrument. When you fund a transaction, you authorise “The Company” (and its designated payment processor) to charge the full amount to the funding instrument you designate for the transaction. You also authorise“The Company” to collect and store that funding instrument, along with other related transaction information.

Authorization. If you pay by credit or debit card, “The Company” may obtain a pre- approval from the issuer of the card for an amount, which may be as high as the full cost of your payment. “The Company” will bill your card at the time you load funds for your account on its payments section transaction, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

Failed funding. If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.

24. Rights to Protect our Software, Systems, Site, Facilities, Intellectual Property, Other Property and Liability and Security of our Enterprise and its Viability and Profitability by any Available Means

Intellectual Property

Except for user content, the content on this site and the services found at this site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to “The Company” in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under local and foreign laws. “The Company” is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of “The Company”. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these terms and conditions. “The Company” reserves all rights not expressly granted in and to the content, this site and the services found at this site, and this agreement does not transfer ownership of any of these rights. The content of “The Company” website, all its materials and processes, and all its services are subject to proprietary and intellectual property rights arising throughout the world and protected by international law, sovereign and constitutional law, national and international law, treaties and conventions to the complete extent the law permits.

The software, know how, inventions and processes relating to “The Company” website and its on-line products, services and facilities are protected by confidentiality and/or copyright and/or design rights and/or patent protection or their equivalent throughout the world. All “The Company” website content is owned by or licensed to “The Company”. The company grants you a licence to use at the company’s will.

You may not carry out any act which is or may amount to an infringement of any proprietary or intellectual property rights arising in, on or relating to “The Company” website, materials, processes or any related to “The Company” anywhere in the world.

You may not without the prior written consent of “The Company” at any time or for any reason remove, obliterate, modify, adapt, copy, download, print or use in any way (including without limitation for any commercial gain) any material appearing on, connected to or accessible via website including (without limitation) any marks, logos, devices, designs, software, databases, literary, musical or artistic works save strictly for your own legitimate and non-infringing private personal and/or internal business purposes.

You will and must notify “The Company” immediately by a given e-mail should you become aware of any proprietary or intellectual property infringement or any conduct which may amount to the same relating to “The Company”’ website and its content, its materials, processes or any of the “The Company” by you or any other person.

In the event that “The Company” become aware of any such proprietary or intellectual property infringement or similar conduct “The Company” will require from you and you will supply it with all details you have concerning the alleged infringement or conduct including (without limitation) the details of the person, firm or company you believe may be responsible. You will co-operate fully with “The Company” in connection with any investigation or infringement action. You agree that you will not withhold information on the basis of incrimination or likelihood to incriminate

User Content. Some of the features of this site or the services found at this site may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with user submissions, “user content”). By posting or publishing content, you represent and warrant to “The Company” (i) you have all necessary rights to distribute the content via wire, either because you are the author of the content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the content, and (ii) you do not violate the rights of any third party.

All rights reserved. The material displayed on, or contained in or accessible via this website is protected by copyright and/or sui generis rights and/or database rights applicable throughout the world and is the property of “The Company” or its licensors.

“The Company” reserves all our intellectual property rights wherever in the world arising in and to the names “The Company” and all other names, logos and devices belonging to and/or used by us from time to time relating to “The Company”, none of which may be used by you in any manner whatsoever (including without limitation in any advertising, promotional literature or publicity material) save where:

1. Permitted by terms and conditions; or

2. Otherwise with “The Company” prior written consent.

Confidentiality Notice

1. You are solely responsible for maintaining the confidentiality of any password, security or access code, or account details provided to you by “The Company” at any time in connection with your use of its website and any service its offer

2. “The Company” is not in any way liable to you for any loss (direct, indirect or consequential) or damages (whether general, special or punitive include triple damages) or any costs, claims and expenses incurred by you arising from your failure to properly protect and keep secret and confidential such details.

3. “The Company” will take proper and reasonable steps to protect and keep secret and confidential any confidential information provided by you to at any time.

Warranty

“The Company” provide no warranty whatsoever whether express or implied (including without limitation the implied warranties as to fitness for purpose and merchantable quality) relating to its website, its content or any of “The Company” (save to the extent that the same may not by any law, rule or regulation be excluded). Its facilities and services are provided to you by “The Company” solely on an ‘as is’ basis. Although “The Company” do carry out regular checks and monitoring of its website, on-line products, services and facilities, “The Company” do not warrant or represent that its website or “The Company” are provided uninterrupted or error free or that they will meet your requirements or that any errors in them will be corrected. No advice, promise, statement, concession, adjustment or any alteration to the companies terms herein, other than by written memorandum, formally executed, provided to you by “The Company” or any of its employees or agents whether in writing or otherwise in connection with its website or any of “The Company” is competent to create or capable of creating any further warranty.

Liability

You agree and contract specifically that “The Company” is not responsible and cannot be liable to you for any material posted on its website by any third party or any services or goods offered for sale by any third party on, by means of or by any other site accessible via its website.

You are responsible for ensuring that your computer system is adequate for the purposes of your intended use and for installing and updating virus protection software. “The Company” is not liable for any loss (direct, indirect or consequential) or for any damages (whether general, special aggravated or punitive including double and triple damages) or any costs, claims or expenses whatsoever caused to or suffered by you or any other person as a result of your visit to its website or the downloading of any material whatsoever (including where permitted expressly by “The Company” any software) on, by means of or accessible via its website.

“The Company” is not responsible (subject to this terms and conditions) for any material supplied to “The Company” by you at any time save as required by law. Save as otherwise expressly provided for in these terms and conditions, liability to you in connection with this website and “The Company” is excluded to the fullest extent permitted by law.

Indemnity

You shall indemnify and hold “The Company” harmless against any and all costs and expenses incurred by “The Company” and any and all loss, damages, costs, claims, demands and expenses (including reasonable legal costs and expenses)made against “The Company” by any person, firm or company or awarded against “The Company” by any legally competent body (including without limitation any relevant court of law, arbitrator or regulatory authority) or as a result of any mediation or any agreement signed by “The Company” and expressed to be in full and final settlement, in each case arising out of any dispute with any person, firm or company relating to any information, material or content supplied to “The Company” by you or anyone associated with you acting with your knowledge,, at any time and in any respect.

25. Disclaimer

“The Company” accepts no responsibility whatsoever for the content of any site connected to this website whether by hyper-link or otherwise. Any links provided from its website are on an ‘as is’ basis and with no warranty whatsoever whether express or implied as to their functionality, use, or in respect of the information provided on or linked to their related sites.

“The Company” take all reasonable steps to ensure that the information displayed on its website is accurate and up to date but we accept no liability whatsoever (save liability for grievous personal injury or death resulting from “The Company” own intentional act or that of its employees or agents acting strictly in accordance with their contract with the company) for any loss occasioned to any person firm or company (whether direct, indirect or consequential) nor for any damages (whether general, special or punitive including triple damages), costs, claims or expenses arising from any action, error or omission on “The Company” part or that of its employees or agents or any other third parties in connection with the information displayed on its website.

Important notice

The information on this website is subject to regular updating, revision, verification and amendment. This website and its content does not form part of any offer or invitation to sell or issue, or any offer to subscribe for or payment any shares or other securities, nor shall it (or any part of it) or the fact of its distribution form the basis of, or be relied upon in conjunction with any contract therefore. No reliance should be placed for any purpose whatsoever on any of the information or on any opinions contained in this or displayed on or accessible via this website and no responsibility or liability is accepted for any such information and opinions.

Warning

The internet is not a secure medium.

While all sensible and commercially reasonable security measures are taken by “The Company” to protect any information entered by you on its website you agree “The Company” has no responsibility for any loss, damage, costs, claims or expenses whatsoever caused to or incurred by you or any other person, firm or company occasioned by any use or disclosure of such information whether authorised by you or otherwise, save as required by law and by the provisions of the law, in accordance with confidentiality obligations or where “The Company” or its employees or agents acting strictly in accordance with instructions have acted negligently

By entering the information you provide to “The Company” on-line you permit (subject always to the provisions of terms and conditions) to use it in relation to “The Company” and otherwise, acting reasonably, believes to be lawful and in the interests of “The Company” and its clients from time to time.

3. Acknowledgement.

You hereby acknowledge and agree that:

(i) You have received good and valuable consideration in exchange for the rights granted by you hereunder in and to any submission that you post or any use you make of our site, the facilities herein, the information available through our site and through our providers, including, without limitation, the ability to participate in activities on or through the site and the possibility that publicity or favourable exposure may arise from our or our affiliates’ use of such submission or any derivative works incorporating or embodied therein; and

(ii) You are not entitled to any and, or any further compensation for any use or other exploitation of our site or any use you make of our site, the facilities here in, the information available through our site and through our providers.

4. Amendments/Updates

The Company” terms and conditions, policies and notices may be updated or amended by “The Company” from time to time to comply with any relevant rule of law, statutory obligation, code or regulation or to fulfill any requirements imposed on “The Company” for time to time by any relevant body. “The Company” recommends that you check its website regularly.

5. Governing law

These terms, conditions and notices and any other policies, terms, conditions and notices appearing on “The Company” website from time to time shall be at all times governed by and construed in accordance with local law and in the event of any dispute which cannot be resolved amicably between “The Company” you hereby submit to the nonexclusive jurisdiction of the competent courts without reference to conflict of law principles.