EMAZING INTERNATIONAL'S WEBSITE TERMS OF USE AND LEGAL RESTRICTIONS
These terms and conditions apply to the use of this web site, including
the purchase of any Member Services offered over this web site. In using
this web site for these or any other purposes, you agree to be bound by
these terms and conditions. If you do not accept these terms and conditions,
you must refrain from using the web site or Member Services. These terms
and conditions must be read in conjunction with any other applicable terms
and conditions governing the use of the web site and Member Services.
Terminology
In these terms and conditions, the expressions we, us and our are a reference
to Emazing international.
Member Service means emazing international's online member service, including
but not limited to the proprietary or administration software provided
by us to any Licensee or Member, or any rights of access to our web site
and its products.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to
time. Amendments will be effective immediately upon notification on this
web site. Your continued use of the web site following such notification
will represent an agreement by you to be bound by the terms and conditions
as amended.
Grant of Licence
Emazing international grants to the member a non-exclusive right during
the term of this agreement to use the Member Services pursuant to the
terms and conditions set out herein. Your use of the Member Services confers
no title or ownership in the Member Services. All ownership rights remain
in Emazing international Pty Ltd.
Membership
In order to be able to access the information offered in the Member Services
area, you must become a member. To become a member, you must complete
your registration details in the manner described on the web site.
We reserve the right to terminate your membership at any time if you
breach these terms and conditions.
You agree to ensure that your registration details are true and accurate
at all times. Specifically, you must notify us of any change to the registration
details as originally supplied.
You agree not to use our products or services for any unlawful purpose
(whether known or not) or in any mannerwhich may infringe or violate anythird
parties rights. You further agree that you will not use our serviceto
transmit or upload any harmful files or unsolicited e-mail messages.
You agree that you are solely responsible for complying with any law
(whether in existence now or in the future) which may apply to you or
us, which is in any way is connected with the use, or otherwise, of our
products or services.
You must not disclose any user ID, password or other log in information
to any person.
Upon registration, you will be provided with a password and account designation.
You agree to pay for our services in the manner specified on the web site
or any other document that specifies pricing. Emazing international reserves
the right to adjust any pricing for any of its products and services.
Emazing international will inform members of such adjustments at which
time the member has the option to terminate their membership as described
under 'Termination of Access' within these Terms and Conditions.
Cancellation due to Error
You acknowledge that despite our reasonable precautions, products offered
by us may be listed at an incorrect price or with incorrect information
due to a typographical error or like oversight. In these circumstances,
we reserve the right to cancel the transaction, notwithstanding that your
order has been confirmed and your credit card has been charged. We reserve
this right up until the time of delivery of supply of the services to
you. If a cancellation of this nature occurs after your credit card has
been charged for the purchase, we will immediately issue a credit to your
credit card account for the amount in question.
Information Service
All information provided by us pursuant to these terms and conditions
is provided in good faith. You accept that any information provided by
us is general information and is not in the nature of advice. We derive
our information from sources which we believe to beaccurate and up to
date as at the date of publication. We nevertheless reserve the right
to update this information at any time. In addition, we do not make any
representation or warranty that the information we provide is reliable,
accurate or complete or that your access to that information will be uninterrupted,
timely or secure. You should make your own enquiries andseek independent
advice from relevant industry professionals before acting or relying on
any information or material which is made available to you pursuant to
our information service.
You agree to use our information service for lawful purposes only.
Indemnity
You indemnify us and our related bodies corporate and our respective officers,
employees and agents against all actions, claims and demands (including
the cost of defending or settling any action, claim or demand) on a full
indemnity basis, which may be instituted against us arising out of a failure
by you (or by any person using yourpassword or ID, whether or not youhave
authorised that person to use your password or ID) to comply with these
terms and conditions.
Disclaimer
This disclaimer set out in these terms and conditions does not attempt
or purport to exclude liability arising under statute if, and to the extent,
such liability cannot be lawfully excluded.
We do not accept responsibility for any loss damage, however caused (including
through negligence), which you may directly or indirectly suffer in connection
with your use of your Membership Services or this web site or any linked
web site, nor do we accept any responsibility for any such loss arising
out of your use of or reliance on information contained on or accessed
through this web site.
To the extent permitted by law, any condition or warranty which would
otherwise be implied into these terms and conditions is hereby excluded.
If legislation implies any condition or warranty, and that legislation
prohibits us from excludingor modifying the application of, orourliability
under, any such condition or warranty, that condition or warranty will
be deemed included but our liability will be limited for a breach of that
condition or warranty to one or more of the following: (a) if the breach
relates to goods, (i) the replacement of the goods or the supply of equivalent
goods, (ii) the repair of such goods (iii) thepaymentof the cost of replacing
the goods or of acquiring equivalent goods or (iv) the payment of the
cost of having the goods repaired; and (b) if the breach relates to services,
(i) the supplying of the services again or (ii) the payment of the cost
of having the services supplied again; and if item (a) or item (b) is
not permitted under applicable legislation, to the maximum extent permitted
by applicable legislation.
Except in relation to liability for personal injury (including sickness
and death), and except as otherwise stipulated in these terms and conditions,
we will not accept liability to you in respectof any loss or damage (including
indirect,special, or consequential loss or damage) which may be suffered
or incurred by you or which may arise directly or indirectly in respect
of goods or services supplied pursuant to an order placed on this web
site or in respect of any failure or omission on our part to comply with
our obligations as set out in these terms and conditions.
Specific Warnings
You must ensure that your access to this web site is not illegal or prohibited
by laws which apply to you.
You must take your own precautions to ensure that the process which you
employ for accessing this web site does not expose you to the risk of
viruses, malicious computer code or other forms of interference which
may damage your own computer system. For the removal of doubt, we do not
accept responsibility for any interference or damage to your own computer
system which arises in connection with your use of this web site or any
linked web site.
Whilst we have no reason to believe that any information containedon
this web site is inaccurate, we do not warrant the accuracy, adequacy
or completeness of such information, nor do we undertake to keep this
web site updated. We do not accept responsibility for loss suffered as
a result of reliance by you upon the accuracy or currency of information
contained on this web site.
Responsibility for the content of advertisements appearing on this web
site (including hyperlinks to advertisers' own web sites) rests solely
with the advertisers. The placement of such advertisements does not constitute
a recommendation or endorsement by us of the advertisers' products and
each advertiser is solely responsible for any representations made in
connection with its advertisement.
We make no warranty that goods or services acquired from us over this
web site will meet your requirements.
Details contained on this web site relating to goods or services have
been prepared in accordance with Australian law and maynot satisfy the
laws of any other country. We do not warrant that the details on this
web site concerning those goods or services will satisfy the laws of any
other country. It is your responsibility to determine whether these details
satisfy the laws of the jurisdiction which you reside (if that jurisdiction
is outside Australia) and if the details do not satisfy the laws ofyour
jurisdiction, you may not order any goods or services from this web site.
You acknowledge that despite all reasonable precautions on our part,
there is a risk of unauthorised access to or alteration of your transmissions
or data or of information contained on your computer system or on this
web site. We do not accept responsibility or liability of any nature for
any such losses which you may sustain as a result of such activity.
Copyright
Copyright in this web site (including text, graphics, logos, business
names, icons, sound recordings and software) is owned or licensed by us.
Other than for the purposes of, andsubject to the conditions prescribed
under, the Copyright Act 1968 (Cth)and similar legislation which applies
in your location, and except as expressly authorised by these terms and
conditions, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform,
publish or create derivative works from any part of this web site; or
commercialise any information, products or services obtained from
any part of this web site;
without our written permission.
Trade Marks
This web site includes trade marks which may be the subject of registration
applications.
You must not use any of our intellectual property:
in or as the whole or part of your own trade marks or business
name or company name;
in connection with activities, products or services which are
not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner thatdisparages us or our information, products or
services (including this web site).
You must not authorise or assist any person to do any of the acts specified
above.
By using the member services, you agree that company Trade Marks may
accompany information or services being accessed, viewed and or sent from
our servcies.
Restricted Use
Unless we agree otherwise in writing, you are provided with access to
this web site only for your personal use. You are authorised to print
a copy of any information contained on this web site for your personal
use, unless such printing is expressly prohibited. Without limiting the
foregoing, you may not without our written permission on-sell information
obtained from this web site.
Linked Web Sites
This web site may contain links to other web sites (linked web sites).
Those links are provided for convenience only and may not remain current
or be maintained.
We are notresponsible for the content or privacy practices associated
with linked web sites.
Our links with linked web sites should not be construed as an endorsement,
approval or recommendation by us of the owners or operators of those linked
web sites, or of any information, graphics, materials, products or services
referred to or contained on those linked web sites, unless and to the
extent stipulated to the contrary.
Privacy Policy
We undertake to comply with the terms of our privacy policy which is annexed
to these terms and conditions.
How we handle e-mails
We will preserve the content of any e-mail you send us if we believe we
have the legal requirement to do so. Your e-mail message content may be
monitored by us for trouble-shooting or maintenance purposes or if any
form of e-mail abuse is suspected.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed
as totally secure. Whilstwe strive to protect such information, we do
not warrant and cannot ensure the security of any information which you
transmit to us. Accordingly, any information which you transmit to us
is transmitted at your own risk. Nevertheless, once we receive your transmission,
we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to this web site and our services may be terminated at any time
by us without notice. Members may terminate his/her or its access at any
time. Any outstanding fees and charges become immediately payable and
will be calculated at the set rate for the remainder of the current month.
Our disclaimer and indemnity nevertheless survive any such termination.
Governing Law
These terms and conditions are governed by the laws in force in Queensland.
You agree to submit to the exclusive jurisdiction of the courts of that
jurisdiction.
General
We accept no liability for any failure to comply with these terms and
conditions where such failure is due to circumstance beyond our reasonable
control.
If we waive any rights available to us under these terms and conditions
on one occasion, this does not means that those rights will automatically
be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable
or illegal for any reason, the remaining terms and conditions shall nevertheless
continue in full force.
To Return to the Web Site or Member Services
By returning to the web site, you acknowledge that you have read, understood
and accept the above terms of use.
As part of the Member registration process, we collect personal information
and assign a username and password to each Member. We may additionally
collect web site visitors' contact information (like their e-mail addresses).
Unless you object, this information may be used:
to send news, information about our activities and general promotional
material which we believe may be useful to you;
to monitor who is accessing the web site or using services offered
on the web site; and
to profile the type of people accessing the web site.
If you do not wish to have your personal information used in this manner
or for any other specific purpose, apart from necessary information required
to use the Member Services, you can e-mail us accordingly.
We utilise cookies which enable us to monitor traffic patterns and to
serve you more efficiently if you revisit the site. Acookie does not identify
you personally but it does identify your computer. You can set your browser
to notify you when you receive a cookie and this will provide you with
an opportunity to either accept or reject it in each instance.
We will not sell or otherwise provide your personal information to a
third party (unless compelled by law), or make any other use of your personal
information, for any purpose which is not incidental to your use of this
web site. For the removal of doubt, personal information will not be used
for any purpose which a reasonable person in your position would not expect.
If you request us not to use personal information in a particular manner
or at all, we will adopt all reasonable measures to observe your request
but we may still use or disclose that information if:
we subsequently notify you of the intended use or disclosure and
you do not object to that use or disclosure;
we believe that theuse or disclosure is reasonably necessary to
assist a law enforcement agency or an agency responsible for government
or public security in the performance of their functions; or
we are required by law to disclose the information.
We will preserve the content of any e-mail you send us if we believe
we have the legal requirement to do so.
Your e-mail message content may be monitored by us for trouble-shooting
or maintenance purposes or if any form of e-mail ab-use is suspected.
Personal information which we collect may be aggregated for analysis
but in such circumstances we would ensure that individuals would remain
anonymous.
All personal information which we collect (including your contact details
and, if relevant, credit card details) is kept confidential to the best
of our ability. You will appreciate, however, that we cannot guarantee
the security of transmission.
We consider it is the responsibility of parents to monitor their children's
use of our web site. Nevertheless it is our policy not to require personal
information from persons known to be under the age of 18 years or offer
to send any promotional material to persons in that category.
You are entitled to have access to any personal information relating
to you which you have previously supplied to us over this web site. You
are entitled to edit or delete such information unless we are required
by law to retain it.
If you wish to comment on or query our privacy policy, or if you wish
to make an enquiry regarding any personal information relating to you
which may be in our possession, please contact us on info@emazing.com.au
or phone +617 5533 8706
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