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Legal Statement - FertAid Pty Ltd 1. Introduction This page outlines the terms and conditions under which you may use www.fertaid.com (the "Web Site"). Please read this page carefully. If you do not accept these Terms and Conditions, do not use the Web Site. By using the Web Site, you are indicating your acceptance to be bound by these Terms and Conditions. FertAid Pty Ltdl may revise these Terms and Conditions at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms and Conditions will mean you accept those changes. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the Web Site for any reason. 2. Use of Material The contents of the Web Site, such as text, graphics, images and other material ("Material"), are owned by FertAid Pty Ltdl and its licensors and vendors, and are protected by Australian and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the HTML or other code that FertAid Pty Ltd uses to generate its pages. This code is also protected by FertAid Pty Ltd's copyright. 3. Acceptable Site Use General Rules: You may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Security Rules: You are prohibited from violating or attempting to violate the security of the Web Site and from using the Web Site to violate the security of other web sites by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any FertAid Pty Ltdl packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. FertAid Pty Ltd may investigate violations of these Terms and Conditions and may involve and cooperate with law enforcement authorities in prosecuting users of the Web Site who are involved in such violations. Specific Prohibited Uses: FertAid Pty Ltd specifically prohibits any use of the Web Site, and you agree not to use the Web Site, for any of the following: distributing
or otherwise publishing, without FertAid Pty Ltd's approval, any material containing
any solicitation of funds, promotion, advertising, or solicitation for goods
or services;
By submitting content to the Web Site, you grant us and our affiliates the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights, has validly and irrevocably granted you the right to grant the license to us stated above. You also permit any user of the Web Site to access, store, use, display, and copy such content for personal use. 5. Linking to the Web Site If you would like to link to the Web Site, you must comply with the following. A web site that links to the Web Site: may link
only to home page of the Web Site (www.fertaid.com);
The Material may contain inaccuracies or typographical errors. FertAid Pty Ltd makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Web Site at anytime without notice. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Web Site. FertAid Pty Ltd does not warrant that the web site will operate error-free or that the web site and its server provider are free of computer viruses or pther harmful mechanisms. If your use of the web site or the material reults in the need for servicing or replacing equipment or data, FertAid Pty Ltd is not responsible for those costs. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FertAid Pty Ltd, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. FertAid Pty Ltd MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS AVAILABLE ON THE WEB SITE. 7. Disclaimer of Consequential Damages In no event will FertAid Pty Ltd,its supplies, or any third parties mentioned on the web site be liable for any damages whatsoever resulting from the use or inability to use the web siteor material, whether based on warranty, contact, tort or any other legal argurment and whether or not FERTAID PTY LTD is advised of the possibility of such damages.. 8. Links to Other Sites The Web Site may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by FertAid Pty Ltd of the contents on such third-party web sites. FertAid Pty Ltd is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk. FertAid Pty Ltd cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from FertAid Pty Ltd, since these sites are owned and operated by independent retailers. FertAId Pty Ltd does not endorse any of the merchandise, nor has FertAid Pty Ltd taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. FertAid Pty Ltd does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties. 9. Limitation of Liability The aggregate liability of FertAid Pty Ltd to you for all claims arising from the use of the Web Site is limited to $50. 10. Termination FertAid Pty Ltd reserves the right, at its sole discretion, to immediately terminate your ability to access the Web Site and/or any other service provided to you by FertAid Pty Ltd, upon any breach by you of these Terms and Conditions. 11. Indemnity You agree to defend, indemnify, and hold harmless FertAid Pty Ltd, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. FertAid Pty Ltd will provide notice to you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding. 12. General FertAid
Pty Ltd makes no claims that the Materials may be lawfully viewed or downloaded
outside of the Australia. Access to the Materials may not be legal by certain
persons or in certain countries. If you access the Web Site from outside of
Australia, you do so at your own risk and are responsible for compliance with
the laws of your jurisdiction. These Terms and Conditions are governed by the
internal substantive laws of the Commonwealth of Australia, without respect
to its conflict of laws principles. Jurisdiction of any claims arising under
these Terms and Conditions will lie exclusively with the state or federal courts
within Australia. If any provision of these Terms and Conditions is found to
be invalid by any court having competent jurisdiction, the invalidity of such
provision will not affect the validity of the remaining provisions of these
Terms and Conditions, which will remain in full force and effect. No waiver
of any provision of these Terms and Conditions will be deemed a further or continuing
waiver of such provision or any other provision. Except as expressly provided
in an end user software license, or in a "Legal Notice" or other statement
by FertAid Pty Ltd on the Web Site, these Terms and Conditions constitute the
entire agreement between you and FertAid Pty Ltd with respect to the use of
Web Site. No changes to these Terms and Conditions may be made except by a revised
posting on this page. |