TERMS OF SERVICE
www.inspirecosmetics.com.au (hereinafter referred to as “Inspire Cosmetics” or “website” or “Site” or “We” or “Us” or “Our”). Inspire Cosmetics provides an online platform through which it markets and sells surgery packages and cosmetic treatments (collectively, the “Services”) offered by various surgeons around (hereinafter referred to as “AS” or the “Company”) to potential customers in Australia and Abroad. www.inspirecosmetics.com.au provides various services offered by AS to customers (hereinafter referred to as “Customers” or “You” or “Your”) seeking to avail such services which Services are accessible at www.inspirecosmetics.com.au.
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern your access to and use of the Site and Services and all Collective Content, and constitute a binding legal agreement between you and us.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH INSPIRE COSMETICS (ALSO REFERRED TO AS THE “PROMOTER”) MAY PROMOTE, MARKET AND SELL SERVICES OFFERED BY ACC AND CUSTOMERS MAY LEARN ABOUT THE SERVICES AND AVAIL THEM. YOU UNDERSTAND AND AGREE THAT WE ARE NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN ACC AND CUSTOMERS. WE HAVE NO CONTROL OVER THE CONDUCT OF ACC, CUSTOMERS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIM ALL LIABILITY IN THIS REGARD.
This website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USER AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
- CUSTOMERS ACKNOWLEDGEMENT:
1.1 Each Customer recognises and acknowledges that Inspire Cosmetics is a Healthcare Promoter Company helping and guiding patients to obtain breast, face, body and dental surgeries and treatments (Cosmetic surgeries) in Australia and Abroad, and is NOT a Healthcare Medical Provider.
1.2 Inspire Cosmetics assists each Customer in getting an appointment from the surgeons and doctors, procedures available and prices, travel and accommodation options.
1.3 Once the Customer decides to proceed further and the medical assessments and bookings begin, a non refundable Inspire Cosmetics Fee is payable.
1.4 The Customer should be aware of and understand fully the risks associated with any surgical procedure or medical treatment, no matter which country, or surgeon is involved.
1.5 Prices quoted in this website are based on standard and non-complicated cases, are current at time of publication and are subject to change without notice. All assessments are done on a case by case basis.
1.6 Any costs/quotes mentioned for procedure(s) in all preliminary/initial communications, are estimates only and may not be the final price. Only after a full consultation, discussions, assessment and examinations with medical specialists, additional procedures, modifications or possible health considerations, will the final cost be confirmed.
1.7 Prior to surgery, the surgeon may require the Client to undergo laboratory investigations and/or diagnostic examinations to ensure that they are fit for surgery. These tests are standard ACC procedure and may incur a cost to the patient.
1.8 Prior to undergoing any surgical procedure in Australia or Thailand each Customer will be informed and will have to sign a statement of consent and authorization for surgery/treatment provided by ACC and that the client has understood, acknowledged and confirmed all discussions during the consultation with the surgeon.
1.9 Any customer with a pre-existing condition, e.g. Diabetes, Thyroid, Blood Disorders, Anxiety and Depression, must supply a doctors or specialists report or release authorization to proceed with surgery. Please be aware and understand that every individual is physiologically unique and therefore, results may vary per individual. Also, every individual will recover at varying rates post treatment or surgery.
1.10 Unexpected outcomes and complications post surgery or treatment that are not foreseen and are of no fault of the surgeon or ACC will be discussed between the patient and surgeon with the aim of resolving to the satisfaction of all parties.
1.11 Where a customer remains dissatisfied, mediation between the parties may occur and an arbitration and clinical review process that is responsible for resolving disputes may be involved.
1.12 Any accommodation costs promoted in this website will vary depending on the departure city, destination, accommodation, season and availability.
2.1 Inspire Cosmetics is a team of Australians that act as a support agency for leading private cosmetic surgery hospitals primarily in Australia and Thailand. Our Australian team works closely with hospitals & surgeons to coordinate the travel of Australians for their surgery. Due to the special process necessary for treatment and recovery from surgery, our Australian based team can help Australia & New Zealand customers of the hospital to organize their trip in an educated and hassle freeway.
2.2 The customers can book appointments with the surgeons by using our website.
2.2 Inspire Cosmetics always try to help customers find the best deals on flights & hotels for post surgery care, so that your trip can be an enjoyable success.
3.1 In order to access and use our Services, you may need to register an account (your “Account”). By registering an Account, you represent that you are of legal age to form a binding contract, have not previously been suspended or removed from the Service and are not a person barred from receiving the Service under the laws of Australia or other applicable jurisdiction. When registering/creating an Account, you also may be required to provide certain personal information about yourself such as first name, last name, email address, password, gender, date of birth in order to establish a username and a password for making an account on our website. We reserve the right to remove or reclaim a username if we believe it is appropriate, for example, if your username suggests that you are a person other than yourself. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
3.2 You can also register on our website by using your Facebook account, twitter account and you tube account details. You are responsible for safeguarding and maintaining the secrecy of your access credentials for the website, including, but not limited to, the password that you use to access the website. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
3.3 The ability to register with profile fields or to register using Facebook, twitter, and you tube account, enables our website to captures User’s profile information and photo.
- STEPS INVOLVED IN AVAILING SERVICES:
4.1 The first step to avail the services provided to you by our website is to select a service for e.g. breast, face, body and dental services from the procedure section mentioned on our website in which further specific details of each service is incorporated.
4.2 Once you have selected the service you wish to seek then the next step is to check the cost involved in availing the service. The price list of the services is mentioned on our website under the prices section for both the countries i.e. Australia as well as Thailand.
4.3 Once you have decided the type of surgery you want, and you have a price estimate for it and you understand approximate package costs, then you should get your surgical assessment from the surgeons along with vacancy dates.
4.4 To have the surgeon review your assessment and give you a recommendation, you will need to pay $99 and then fill in the form we send you. This is a simple and easy online form, but it does require you to have photos of your body ready to upload for the surgeon to view. In order to get started and get the assessment done, you will have to click on the Book now section made available to you on our website and then click below on the click here for assessment box.
4.5 We also offer to you services along with luxury. There are hundreds of beautiful resorts we are partnered with so that while undergoing your Thailand plastic surgery, you can rejuvenate in luxury on a shoestring budget. Best of all we can accommodate friends or family to travel along with you if you wish to make a real holiday of your cosmetic surgery Thailand. You can combine multiple procedures and get a complete body makeover.
5.1 Our website offers its customers various packages available in both the counties i.e. Australia and Thailand which are mentioned in the price section of our website.
5.2 The packages available in Australia are mentioned in detail along with the prices under the price section of our website and under the heading Australia.
5.3 The package deals available in Thailand are Three star package deals, Four star package deals and Five star package deals, the details of each package deal along with the prices are described in detail under the price section of our website and under the heading Thailand.
6.1 ACC shall alone be responsible for collection of payment from the customers and at no time Inspire Cosmetics shall be liable for the collection of the payment, although Inspire Cosmetics may wish to collect booking fees from customers leading up to surgery or booking of services provided by ACC.
6.2 ACC shall pay the Inspire Cosmetics when the customer avails the Services provided by ACC.
6.3 All payments for availing the services made available to you on this website shall be made via either of the following Credit cards:-
(a) Visa Card
(b) Master Card
(c) American Express
6.4 All transactions shall be in AUD only.
- USER LICENSE:
We hereby grant you, subject to the terms and conditions of this Agreement, the right to view and use this Site. You may download and/or print a copy of the Content for your personal and non-commercial use only (the “Permitted Uses”) provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without our prior written consent in each instance.
- HEALTH INFORMATION DISCLAIMER:
The Content on this Site is presented in a summary fashion, and is intended to be used for educational and entertainment purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider. Your use of this Site does not create a doctor / patient relationship. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the Site to diagnose a health or fitness problem or disease. Use of the Site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. We disclaim all responsibility for the professional qualifications and licensing of, and services provided by, any doctor, surgeon, physician or other health provider referred to on this Site and/or any Third Party site. Never disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of something you read on this Site. Although we strive to ensure that the information we provide on this Site is correct, we cannot guarantee that it is always accurate and up-to-date. We offer this Site “AS IS” and without any warranties.
- OWNERSHIP OF CONTENT:
You acknowledge that all the Content provided on this Site is provided either by Inspire Cosmetics or by its licensors, third party authors, developers, vendors and members (collectively, “Third Party Providers”) and the underlying intellectual property rights are owned by Inspire Cosmetics and/or its Third Party Providers. Elements of the Site are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
- USAGE RULES:
As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny you access to any and all parts of this Site for any reason, and at our sole discretion.
All of the trademarks, service marks, and logos displayed on this Site (the “Trademarks”) are registered and unregistered trademarks of Inspire Cosmetics, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
- TRAVEL AND ACCOMODATIONS:
13.1 We may provide you with personalized service prior, during and after your treatment. We may guide you through the process, provide a range of qualified surgeons, book your medical appointments and organize airfares, transfers and accommodation. The booking of flight tickets and accommodation provision being provided to you shall involve third party service providers i.e. flight tickets will be booked by a third party service provider and accommodation will be provided to you by a resort or a hotel etc. (third party service provider). Thus, we shall not be held responsible for any services provided to you by the third party service providers.
13.2 You have the flexibility to extend your stay or bring your family or partner.
13.3 It’s in the customer’s best interest to thoroughly read the terms and other policies which accompanies all Travel Insurance policies, travel / flight booking and ticketing, accommodation bought through a third party.
13.4 Refunds may not be given if you decide to cancel flights or shorten the length of stay at a resort/hotel.
13.5 When traveling to Thailand you are required to have a passport valid for no less than 6 months upon arrive. Apply and arrange for passports well in advance of your departure date.
14.1 All Content including pictures/photos/images, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated such Content. As a matter course, we do not (and have no obligation to) monitor or control the Content posted or uploaded using our website and we are not responsible for any such Content. Any use or reliance on any Content received through our website is at your own risk.
14.2 We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications recorded or sent via our website or otherwise accessible via our website or endorse any opinions expressed via our website. You understand that by using our website, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, Content that may be deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content transmitted or otherwise made available via our website or broadcast elsewhere. You will NOT use the website to:
- a) Record, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- b) Harm minors in any way;
- c) Impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any of our messages or Content transmitted through our website;
- e) Record, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement);
- f) Record, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
- g) Record, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- h) Interfere with or disrupt the website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website;
- i) Intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;
- j) “Stalk” or otherwise harass another; and/or
- k) Collect or store personal data about any other user.
14.3 You acknowledge that while we do not, in the ordinary course, access, review, or pre-screen Content, we have the right (but not the obligation), in our sole discretion, to access, review, pre-screen, refuse, or remove any Content that is available via our website. Without limiting the foregoing, we have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. We also reserve the right to access, preserve, and disclose any Content or information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including, but not limited to, investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of our website, its users, and the public.
- YOUR RIGHTS AND LICENSE TO CONTENT:
15.1 You retain your rights to any Content you post or upload on our website. By posting or uploading Content using our website, you grant us a limited, perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works of, transmit, host, display, and distribute such Content in any and all media or distribution methods (now known or later developed) as necessary to provide the website and in accordance with these Terms.
15.2 You further agree that this license includes the right for us to modify or adapt your Content in order to transmit, display, or distribute it over mobile networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
15.3 You are solely responsible for your use of the website, for any content you provide, and for any consequences thereof, including, but not limited to, the use of your content by other users and us. Without limiting the foregoing, you represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
15.4 You will indemnify and hold us harmless from and against any and all claims, suits, disputes, actions, losses, judgments, and costs (including, but not limited to, attorneys’ fees) arising out of or relating to any one or more of the following: (a) your use of or access to our website, (b) your provision of any Content or other information to or through the website, (c) any third party claim that any Content you provide infringes, misappropriates, or otherwise violates any Rights, and (d) your violation of any of these Terms.
- INSPIRE COSMETICS RIGHTS:
All right, title, and interest in and to the website (excluding Content provided by users) is and will remain the exclusive property of our website and our licensors. The website service is protected by copyright, trademark, and other laws of Australia. Nothing in these Terms gives you a right to use the name of the website or website’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website. Any feedback, comments, and suggestions you may provide regarding the website or us (“Feedback”) are entirely voluntary and you grant us a perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use, reproduce, modify, create derivative works of, commercialize, and otherwise freely exploit such Feedback (including, but not limited to, all Rights therein) as we see fit and without any payment or other obligation to you.
- INTELLECTUAL PROPERTY RIGHTS:
17.1 We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If You have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Your contact information, including Your address, telephone number and an email address;
(v) a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
17.2 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
17.3 Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: _________________________________________________________________.
18.1 Inspire Cosmetics does not guarantee the outcome or any results of the Customers’ procedure/s performed by the physician/surgeon at the clinic/hospital in Australia and/or Thailand.
18.2 Inspire Cosmetics is a “facilitator” only, facilitating in the assistance and arrangements of documentation, treatment/surgery dates, travel and accommodation only.
18.3 Inspire Cosmetics does not accept any liability in contract or in tort for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure, unanticipated or uncontrollable event or effect on our part or directly or indirectly in connection with any trip organized by Inspire Cosmetics on the Customer’s behalf. The Customer agrees to release, defend and hold harmless Inspire Cosmetics and its officers, employees and agents from all such liability and indemnify each of them severally against any claims that may be made by or through the Customer related to and via any use of this website, social media, and in directly in person, in any manner.
18.4 YOU AGREE THAT NONE OF THE INSPIRE COSMETICS PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE CST PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE INSPIRE COSMETICS PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
18.5 NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE INSPIRE COSMETICS PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO INSPIRE COSMETICS FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE INSPIRE COSMETICS PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE.
18.6 NONE OF THE INSPIRE COSMETICS PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU.
18.7 IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO YOU, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE INSPIRE COSMETICS PARTIES SHALL NOT EXCEED $3,000 IN THE AGGREGATE.
19.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR ACCESS TO AND USE OF THE WEBSITE OR ANY CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ALL RELATED SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, PARENT ENTITIES, PARTNERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, THE “WEBSITE ENTITIES”) HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- THE WEBSITE ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE WEBSITE, OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, OR ANY UNAUTHORIZED ACCESS TO, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE WEBSITE, OR US; AND/OR (IV) WHETHER THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY OF THE WEBSITE ENTITIES OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- THE WEBSITE ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR (I) THE AVAILABILITY OR ACCURACY OF WEBSITES OR RESOURCES ACCESSED VIA ANY LINK FROM OUR WEBSITE, OR (II) THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. LINKS TO SUCH WEBSITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY THE WEBSITE ENTITIES OF SUCH WEBSITES OR RESOURCES OR THE CONTENT, PRODUCTS, OR SERVICES AVAILABLE FROM SUCH WEBSITES OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES.
- UNAUTHORIZED ACTIVITIES:
20.1 Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including without limitation spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, interfere or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers, including without limitation by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not permitted by the Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing; or (vii) interfere with any user’s enjoyment of the Service, including without limitation by (a) making unsolicited offers or advertisements to other users of the Service or (b) attempting to collect, personal information about users or third parties without their consent.
20.2 We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms.
You agree to indemnify and hold us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents harmless from and against any and all claims, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) we incur in relation to or arising from (i) your access to or use of the Service, (ii) your violation of the Terms or any applicable law or regulation, (iii) your violation of any rights of any third party, including without limitation intellectual property rights or rights of publicity, confidentiality, property or privacy; or (iv) any disputes or issues between you and any third party.
- TERMINATION, ASSIGNMENT:
We may terminate your Account at any time without notice to you. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement to anyone else.
- 23. LINKS TO THIRD PARTY SITES:
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites. We may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.
- CHANGES TO THE TERMS:
We reserve the right, at our discretion, to change the Terms on a going-forward basis at any time. Please check the Terms periodically for changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an Account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under the Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
- GOVERNING LAW AND JURISDICTION:
These Terms and any action related thereto will be governed by the laws of Victoria, Australia without regard to or application of its conflict of law provisions or your state or country of residence. You agree to submit to the exclusive jurisdiction of the courts in Victoria, Australia and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- 26. DISPUTE RESOLUTION AND ARBITRATION:
In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms.
- WAIVER AND SEVERABILITY:
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary to comply with applicable law, and the remaining provisions of these Terms will remain in full force and effect.
- CONSENT TO ELECTRONIC COMMUNICATIONS:
By using the Service, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including without limitation that such communications be in writing.
- ENTIRE AGREEMENT:
- COMPLAINTS AND QUERIES:
If you are not happy with any aspect of our service, or if you have any queries or comments, please mail us at:
PO BOX 594