TERMS OF SERVICE & PRIVACY

We provide an online platform which focuses on providing our clients with surgery packages and cosmetic treatments (located in “Services” page) offered by Australia Cosmetic Clinics to potential clients in Australia and Abroad. We have a variety of cosmetic services that we offer to clients seeking to avail such services that are available at our website.

By using the Site, you agree to legally act in accordance with the terms and conditions of these Terms of Service. These Terms govern your access to and use of the Site and Services (this includes all Collective Content), and constitute a binding legal agreement between our clients and the company.

Make sure to read these Terms and our Privacy Policy carefully (these terms are incorporated by reference). If you do not agree to these Terms, then you have no right to obtain any information from or otherwise continue using our Site. Failure to use our site in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHEREIN IT CAN PROMOTE, MARKET AND SELL SERVICES WHICH CUSTOMERS MAY AVAIL. BY READING THESE TERMS OF SERVICE YOU UNDERSTAND AND AGREE THAT WE ARE NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN THE COMPANY AND CUSTOMERS. WE HAVE NO CONTROL OVER THE CONDUCT OF THE COMPANY, ITS CUSTOMERS AND USERS OF THE SITE AND SERIVICES, AND DISCLAIM ALL LIABILITY IN THIS REGARD.

We may at any time revise and update our terms and conditions. So, you should be aware that the use of this Website constitutes your consent and agreement to, abide by the most current version of such terms and conditions. By reviewing our terms and conditions, you agree to be bound by consequent revisions that may occur. We assure you that the most recent version of the Terms and conditions will always be available for review under the “Terms of Service” link.

This website reserves the right to recover collection charges, cost of services and lawyers fees from individuals using the Site fraudulently. It also reserves the right to initiate legal proceedings against such individuals for any other unlawful acts or acts or omissions in breach of these terms and conditions.

PLEASE FIND TIME TO CAREFULLY READ ALL THE TERMS OF USE AS THEY CONTAIN VITAL INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE A RANGE OF LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

 

UPON THE USE OF THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY LINKS AND INCIDENTAL DOCUMENTS MENTIONED HEREWITH SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. USERS OF THIS WEBSITE MUST AGREE AND ACCEPT THESE TERMS AND ANY ACTIONS OR COMMITMENTS DONE WITHOUT REGARD TO SUCH TERMS SHALL BE AT YOUR OWN RISK.

THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USER AND THE COMPANY. BY ACCESSING THIS WEBSITE AND UNDERTAKING TO PERFOM CERTAIN SERVICE BY US INDICATES YOUR COMPLETE UNDERSTANDING, ACCEPTANCE AND AGREEMENT, OF THE DISCLAIMER NOTICE AND THE COMPLETE TERMS AND CONDITIONS MENTIONED HEREIN.

  1. CUSTOMERS ACKNOWLEDGEMENT:

1.1 Each client acknowledges and recognizes that our website is a company that promotes health and aids our clients to obtain cosmetic surgeries such as breast, body and face and dental surgeries in Australia and Abroad, and is NOT a Healthcare Medical Provider.

1.2 Our company assists each client in having an appointment from the doctors and surgeons associated with Australia Cosmetic Clinics, desired procedures available, prices, and options for travel and accommodation.

1.3 Once our client decides to advance further and the medical evaluation and bookings start, the fee is non refundable.

1.4 The client should be fully aware and must understand the risks associated with any medical treatment or surgical procedure that they will undergo, no matter which country, doctor or surgeon is involved.

1.5 All of the prices quoted in this website are subject to change without notice. Such prices are current at time of publication and are based on standard and non-complicated cases. All assessments and evaluations are done on a case to case basis.

1.6 Any quotes or costs of procedures in all preliminary/initial communications or consultations are estimates only and the final price may still vary. The final cost of the procedure/s can be confirmed only after a full consultation, discussions, assessment and examinations with medical professionals.

1.7 The surgeon may require the client to undergo certain laboratory investigations or diagnostic examinations prior to the desired procedure to ensure that they are in good overall health. These tests are standard procedure of the company and may incur a cost to the client.

1.8 Each client will be required to sign a statement of consent and authorization for the desired surgery or treatment prior to undergoing such procedure in Australia or Thailand. The client must fully understand, acknowledge and confirm all discussions related to the procedure during the consultation process.

1.9 Any client who is willing to undergo a procedure but with a pre-existing condition such as Diabetes, Blood Disorders, Thyroid, Anxiety or Depression are required to submit a doctor or specialist report or release authorization to proceed. Please be aware and understand that every client has unique physiological characteristics and therefore, results and time of recovery may vary from person to person.

1.10 Untoward complications or unexpected outcomes after the procedure that are not foreseen and are no fault of the surgeon or the company will be discussed between the client and surgeon with the aim of correcting such problems to the satisfaction of all parties.

1.11 Where a client remains dissatisfied, negotiation between the parties may occur and a settlement and clinical review process to resolve disputes may be involved.

1.12 Any accommodation costs that this website promotes may vary depending on the destination, departure city, season and availability.

  1. SERVICES:

2.1 We are a team of Australians that act as a support agency for being one of the top private cosmetic surgery hospitals offering services primarily in Australia and Thailand. Our highly trained Australian team works hand in hand with hospitals and surgeons to coordinate the travel of our clients for their surgery. Due to the special process required for treatment and recovery process, our Australian based team can aid clients from Australia and New Zealand to organize their trip in an educated and hassle freeway.

2.2 The clients can book their desired appointments with the surgeons through our website.

2.3 Our company always try to aid our clients find the best deals on flights and hotels for post-operative care, so that you can enjoy your trip while recovering.

  1. ACCOUNT:

3.1 You may need to register an account in order to access and use our Services. By registering an account in our website, you represent that you are of legal age to form a binding contract, with no record of suspension or removal from the Service and are not a person banned from receiving the Service under the laws of Australia or other jurisdiction that may apply. During the registration process, you may be required to provide certain personal information such as full name, gender, birth date, email address and password in order to create a username and a password for making an account on our website. You agree to provide and maintain the most recent, accurate and complete information about your account. In the event that you change any of your personal information, you need to update your Account as soon as possible. We reserve the right to remove or retrieve a username if we believe it is appropriate.

3.2 You can also register on our website through social media accounts such as Facebook, twitter and Youtube account details. You are responsible for protecting and maintaining the secrecy of your access credentials to the website, including, but not limited to, your password to access it. Please make sure not to share your password or other vital information with any other person or entity that is not authorized to access your account. You are solely responsible for any actions that occur under the access credentials of your website account. We recommend you to use a strong password (a combination of upper and lower case letters, numbers or symbols). Failure to comply with any of the above exempts the company from being liable for any loss or damage.

3.3 Our website can capture the User’s profile information and photo upon registration through Facbook, twitter and Youtube account.

  1. STEPS INVOLVED IN AVAILING SERVICES:

4.1 To avail the services in our website, you can select from a variety of procedures such as breast, face, body and dental services in the procedure section in which further information of each service is provided.

4.2 After selecting your desired service, the next step is to check the cost involved. All the price list of the services is located under the prices section of the website.

4.3 After deciding on the type of surgery that you want, and you have obtained a price estimate for it and you understand the approximate cost of the package, then you should have a surgical assessment from the surgeons.

4.4 A fee of $99 and complete filling of form (may require body photos to upload for the surgeon to see) that we will send you will be required to have the surgeon review your assessment and provide recommendation. Click on the Book now section to get started and get the assessment done. Then click below on the click here link for assessment box.

4.5 We also offer services to make your recovery period a relaxing one. We are partnered with luxurious resorts wherein you can rejuvenate while healing takes place. Best of all we can accommodate friends or family to tag along with you if you wish to make your procedure enjoyable. You can have a complete body makeover by combining multiple procedures.

 

 

 

  1. PACKAGES:

5.1 Our website offers its clients a range of packages available both in Australia and Thailand which are located in the price section.

5.2 Australia packages are mentioned in detail along with prices which are located in the price section.

5.3 Available package deals in Thailand are Three, Four and Five star package deals. The details of each package deal together with its price are located in the price section.

  1. PAYMENTS:

6.1 The company shall alone be responsible for payment collection from the clients.

6.2 The company can be paid when the client avails its services.

6.3 In order to avail the services, all payments shall be made via either of the following Credit cards:

  1. Discover
  2. American Express
  3. Master Card
  4. Visa Card

6.4 All transactions between the company and clients shall be in AUD only.

  1. USER LICENSE:

We hereby grant our clients, subject to the terms and conditions of this Agreement, the right to access and view this site. You may download and print a copy of the content provided that the content is not modified or edited in any way and all proprietary notices and all copyright are kept intact. By reading these terms and conditions, you agree to use the Content of the website lawfully and only for the Permitted Uses. If you wish to reprint or electronically reproduce any document or graphic for any purpose it may serve, you must obtain a prior written consent  from the respective copyright holder(s) of the content. Furthermore, such written consent is required if you wish to sell, resell, reverse engineer, modify, decompile, disassemble, exploit for any commercial use or otherwise create derivative works of.

 

 

 

  1. PRIVACY:

We respect our client’s personal privacy. By accessing the site, you agree to be bound by the Privacy Policy available on our site. The Privacy Policy is integrated by reference into this Agreement in its entirety.

  1. HEALTH INFORMATION DISCLAIMER:

The content of this site is presented in a summary fashion. It is intended to be used for entertainment and educational purposes only. The content should not be interpreted as a recommendation for a specific treatment plan, product, course of action or healthcare provider. The use of this site does not create patient/doctor relationship. Our website does not offer medical advice and nothing in the site is intended to constitute professional medical advice for diagnosis or treatment. You should never use the site to create a diagnosis of a health problem or disease. It does not replace medical consultations with an experienced and qualified medical professional to meet the health needs of you or any other party.

We disclaim all responsibility for the medical professional qualifications and licensing of, and services offered by any surgeon, doctor or other health care provider refereed on this website and/or any third party site. Although we strive to ensure that all the information on this site is accurate and correct, we cannot guarantee that it is always the most recent and accurate. We offer this website as is and without any warranties.

  1. OWNERSHIP OF CONTENT:

All the content provided on this website is provided either by its licensors, developers, vendors, members and third party authors. The underlying intellectual property rights are owned by the company and/or its third party providers. All elements of the site are protected by copyright, trade dress and other laws and copying or imitating the site in whole or in part are prohibited. All of the product names, company names, logos, marks and symbols may be the trademarks of their respective owners.

  1. USAGE RULES:

You agree that you will not use the content of the site for any unlawful purpose. We reserve the right to deny your access to any part of this site for any reason, and at our sole discretion.

  1. TRADEMARKS:

All of the trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of the company, its affiliates, or third parties. Nothing in this site should be interpreted as granting, by implication, estoppels, or otherwise, any right or license in and to the trademarks without either our express written permission or of the applicable third party. Any use of the trademarks is expressly prohibited except as expressly provided in this agreement.

  1. TRAVEL AND ACCOMODATIONS:

13.1 We may guide you through the process and provide you with personalized service before, during and after your desired procedure. We have qualified surgeons for you to book your medical appointments, and we provide you with organized airfares, transfers and accommodation. The booking of flight tickets and accommodation provision shall involve third party service providers. Thus, we shall not be held responsible for any services of the third party service providers.

13.2 You are allowed to extend your stay or bring your family member or partner.

13.3 It is in the client’s best interest to read the terms and other policies carefully and thoroughly. This includes travel insurance policies, travel/flight and ticketing, and accommodation through a third party.

13.4 The fee is non-refundable if you decide to cancel flights or shorten your length of stay.

13.5 Apply and arrange for passports well before your departure date. For clients travelling to Thailand, you are required to obtain a passport valid for no less than 6 months.

  1. CONTENT:

14.1 All content including images/photos/pictures, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated such content. We have no obligation to monitor or control the content posted or uploaded using our website. Any use on any content received through our website is at your own risk.

14.2 We do not support, endorse, guarantee, or represent the accuracy, completeness, truthfulness or reliability of any content or communications recorded or sent using our website. Also, we do not endorse any opinions expressed via our website. As one of the users of our website, you understand that you may be exposed to offensive, inaccurate, deceptive, harmful or otherwise inappropriate content. Under no circumstances will we be liable in any way for such content, including, but not limited to, any omissions or errors in the content, or any damage or loss of any kind. You are prohibited to:

  1. a) Record, transmit or otherwise create unlawful, harmful, abusive, threatening, harassing, defamatory, invasive of another’s privacy, tortious, obscene, vulgar, libelous, hateful ethnically or racially, or otherwise objectionable;
  2. b) do things that can harm minors in any way;
  3. c) Imitate any person or entity, but not limited to, any of our employees, or falsely state or misinterpret your affiliation with a person or entity.
  4. d) Falsify headers or otherwise control identifiers in order to conceal the origin of any of our messages or content;
  5. e) Record, transmit or otherwise create any content that you do not have a right to create under any law or under fiduciary or contractual relationships (such as confidential information disclosed as part of a nondisclosure agreement);
  6. f) Record, transmit or otherwise create any content that infringes any trademark, patent, trade secret, copyright or other proprietary rights of any party;
  7. g) Record, transmit or otherwise create any unsolicited or unauthorized advertising, junk email, promotional materials, spam, pyramid schemes, chain letters, or any other form of solicitation;
  8. h) Disrupt the website or servers or networks, or disobey any requirements, policies, procedures, or regulations of networks connected to the website;
  9. i) Violate any applicable local, state, national, or international regulations or law;
  10. j) Harass or stalk another; and/or
  11. k) Store or collect personal data about any user

14.3 You acknowledge that while we do not, in the ordinary course, review, pre-screen or access the content, we have the right in our sole discretion, to review, pre-screen or access the content that is available in our website. Without limiting the foregoing, we have the right to remove any unlawful content or is otherwise objectionable in our sole discretion. Aside from this, we also reserve the right to disclose, preserve or access any content or information in our website as we reasonably believe is necessary to (a) fulfill any applicable regulation, law, legal process, or request of the government, (b) implement these terms, including, but not limited to, investigation of potential violations hereof, (c) prevent, detect, or otherwise address security, fraud, or technical issues, (d) respond to user support requests, or (e) protect the property, rights, or safety of our website, its users, and the public.

  1. YOUR RIGHTS AND LICENSE TO CONTENT:

15.1 You preserve your rights to any content you upload or post on our website. You grant us limited royalty-free, non-exclusive, worldwide, irrevocable, perpetual, limited, transferable license (with the right to sublicense) to use, reproduce, copy, modify, process, create derivative works of, host, display, transmit, and distribute such content in any and all media or distribution methods as necessary to provide our website and in accordance with these terms.

15.2 You further agree that this license includes the right for us to revise or adapt your content in order to display, transmit or distribute it over mobile networks and in different media and/or create changes to your content as are necessary to adapt and conform that content to any limitations or requirements of any devices, networks, media or services.

15.3 You are solely responsible for any consequences related to your use of the website and for any content you provide, including, but not limited to, the use of your content by us and other users of the website. You represent and warrant that you have all the authority, power and rights necessary to grant the rights granted herein to any Content that you submit.

15.4 You will guarantee and hold us harmless from and against any and all disputes, claims, suits, actions, judgments, losses and cost (including, but not limited to, attorneys’ fees) relating to any or more of the following: (a) your access to our website (b) your provision of any information or content through our website, (c) any third party claim that any information or content you provide violates, misappropriates or infringes any rights, and (d) your violation of any of these terms.

  1. OUR WEBSITE’S RIGHTS:

All right, inter             est and title in and to the website (apart from the content provided by users) is and will remain the exclusive property of our website and its licensors. Our website service is protected by trademark, copyright and other laws of Australia. Nothing in these terms and conditions gives you a right to use the website’s name, trademark or logo, domain names, or other distinctive brand features related or located on the website. Any comments, feedbacks and suggestions you may provide regarding the website or us are entirely voluntary comments, feedback and suggestions, and you grant us an irrevocable, perpetual, royalty-free, worldwide license (with the right to sublicense) to create derivative works of, commercialize, reproduce, use, modify, and otherwise freely exploit such feedbacks or comments (including, but not limited to, all rights therein) without any other obligation or payment.

  1. INTELLECTUAL PROPERTY RIGHTS:

17.1 We respect the intellectual property rights of others and we do expect users of the services to do the same. We will immediately respond to notices of alleged copyright infringement that abide by any applicable law and are promptly and properly provided to us. If you have a reason to believe that any of your content has been reproduced or 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) recognition or identification of the copyrighted work claimed to have been infringed;

(iii) recognition or identification of the infringed material or subject, and reasonable information to permit us to locate the material;

(iv) Your contact information, including your email address, telephone number and address;

(v) a statement by you that you believe that the use of the infringed 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 is accurate, and that you are authorized to act on behalf of the copyright owner.

17.2 We have the right to remove the alleged infringing content without prior notice, at our sole discretion, and without liability to you. We will also terminate a user’s account if we find out that the user is a repeat infringer in appropriate circumstances.

17.3 Our designated copyright agent for notice of suspected copyright infringement appearing on the Services is: _________________________________________________________________.

  1. LIABILITY:

18.1 We do not guarantee any results of our client’s procedure/s performed by the surgeon/physician at our clinic or hospital or any medical facility in Australia and/or Thailand.

18.2 We are a “facilitator” only, facilitating in the arrangements and assistance in the dates of treatment/surgery, documentation, travel and accommodation only.

18.3 We do not accept any liability in contract or in tort for any damage, injury, loss, additional expenses, delay or inconvenience caused directly or indirectly by inevitable or uncontrollable event (force majeure) on our part or directly or indirectly in connection with any trip organized by us on behalf of the client. You agree to release, defend and harmless our website and its agents, officers and employees from all such liability and indemnify each of them severally against any claims related to the user’s use of this website, social media, and in directly in person, in any manner.

18.4 YOU AGREE THAT NONE OF THE WEBSITE’S PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF INDEMNITY OR LIABILITY 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 OUR WEBSITE’S PARTIES) FOR DAMAGES OR LOSSES YOU SUSTAIN RELATED WITH YOUR USE OF THE SITE.

18.5 THE TOTAL LIABILITY OF OUR WEBSITE’S PARTIES, IF ANY, FOR DAMAGES OR LOSSES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR SERVICE OR INFORMATION PROVIDED. IN NO EVENT SHALL ANY OF THE WEBSITE’S PARTIES BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES OTHER THAN THE AMOUNT REFERRED TO ABOVE.

18.6 NONE OF THE WEBSITE’S PARTIES WILL BE LIABLE FOR ANY DAMAGE OR LOSS THAT YOU INCUR IN THE EVENT IF ANY INTERUPPTION OR FAILURE OF THIS SITE, OR RESULTING FROM THE ACT OR OMMISSION OF ANY PARTY INVOLVED IN MAKING THE DATA OR SITE CONTAINED THEREIN AVAILABLE TO YOU.

18.7 IF ANY PART OF THIS AGREEMENT OR LIMITATION DOES NOT APPLY TO YOU, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE WEBSITE PARTIES SHALL NOT EXCEED $3,000 IN THE AGGREGATE.

  1. DISCLAIMER:

19.1 YOU EXPRESSLY AGREE AND UNDERSTAND THAT:

YOUR USE AND ACCESS OF THE WEBSITE OR ANY RELATED CONTENT IS AT YOUR OWN RISK. THE WEBSITE TOGETHER WITH ITS RELATED SERVICES ARE PROVIDED TO YOU ON AN “AS AVAILABLE” AND “AS IS” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR AFFILIATES, SUBSIDIARIES, PARENT ENTITIES, LICENSORS AND PARTNERS, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, AND CONTRACTORS HEREBY EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER IMPLIED, EXPRESS OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

THE ENTITIES OF THE WEBSITE MAKE NO WARRANTIES OR REPRESENTATIONS AND DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR (I) THE ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, TIMELINESS OR RELIABILITY OF THE WEBSITE, OR ANY CONTENT; (II) LOSS OF DATA, ANY HARM TO YOUR COMPUTER OR OTHER HARM RESULTING FROM YOUR USE OR ACCESS TO THE WEBSITE OR ANY CONTENT; (III) ANY UNAUTHORIZED CONTENT, FAILURE TO TRANSMIT OR STORE, OR THE DELETION OF ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY US OR THE WEBSITE; AND/OR (IV) WHETHER THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON A SECURED, UNINTERRUPTED OR ERROR-FREE BASIS.

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY OF THE ENTITIES OF THE WEBSITE OR THROUGH THE WEBSITE WILL GENERATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE ENTITIES OF THE WEBSITE ARE NOT LIABLE OR RESPONSIBLE FOR (I) THE ACCURACY OR AVAILABILITY OF RESOURCES OR WEBSITES ACCESSED VIA ANY LINK FROM OUR WEBSITE, OR (II) THE PRODUCTS, CONTENT, OR SERVICES ON OR AVAILABLE FROM SUCH RESOURCES OR WEBSITES. LINKS TO SUCH RESOURCES OR WEBSITES DO NOT IMPLY ANY ENDORSEMENT BY THE ENTITIES OF THE WEBSITE OF SUCH RESOURCES OR WEBSITES OR THE PRODUCTS, CONTENT, OR SERVICES AVAILABLE FROM SUCH RESOURCES OR WEBSITES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RELATED RISK RESULTING FROM YOUR USE OF THE WEBSITES OR RESOURCES.

  1. UNAUTHORIZED ACTIVITIES:

20.1 The services of the website may be accessed and used for lawful purposes only. By using the website, you agree that you will not perform any of the following: (i) attempt to search or access the service or download content through the use of any software, engine, agent, tool, mechanism or device other than the software and/or search agents that are legally provided by us or other generally available third party web browsers; (ii) interfere, access, tamper with, or use non-public areas of the service, our system of computers, or the technical delivery systems of our providers, including without limitation by uploading or disseminating adware, viruses, worms, spyware, or other malicious code; (iii) collect and use information such as real names, usernames, email addresses, available through the service to send out any unsolicited advertising, spam, junk mail or other form of solicitation; (iv) use of the service for the benefit of any third party, for any commercial purpose or in any manner prohibited by the terms; (v) violate any applicable regulation or law; or (vi) enable to encourage any individual to perform any of the foregoing; or (vii) hinder any user’s enjoyment of the service provided by the website, including without limitation by (a) making unsolicited advertisements or offers to other users of the service or (b) attempting to gather personal information about users or third parties without their consent.

20.2 We reserve the right to conduct investigations and take legal action for violations of any of the above and/or cooperate with law enforcement authorities in prosecuting violators.

  1. INDEMNITY:

You agree to guarantee and hold us and our officers, employees, directors, consultants, subsidiaries, agents and affiliates harmless from and against any and all claims, damages, costs, expenses and liabilities (including without limitation attorneys’ fees) we incur in relation to or arising from (i) your use or access of the service, (ii) your violation of the terms and conditions or any applicable law or regulation, (iii) your violation of any rights of any third party, including without limitation rights of publicity or intellectual property rights, rights of property, privacy or confidentiality; or (iv) any issues or disputes between you and any third party.

 

  1. TERMINATION, ASSIGNMENT:

We may terminate your account anytime without prior notice. We may assign our duties and rights under this agreement to any party at any time without prior notice. You may not assign this agreement to anyone else.

  1. LINKS TO THIRD PARTY SITES:

The service may include links to other services and websites that we do not operate. We are providing these links to our clients only as a convenience and are not responsible or liable for the links or content displayed on such websites. You are solely responsible for and assume all risk resulting from your use or reliance of any third party sites. We may provide you with tools through our service that allows you to export information, including without limitation content, to third party services. You agree that by using these tools, we may transfer such information to the applicable third-party service. We are not responsible for the third party’s use of your exported information and we have no control over them.

  1. CHANGES TO THE TERMS:

We reserve the right, at our discretion, to modify or change the terms anytime on a going-forward basis. Please make sure to check the terms on a regular basis for changes. In such situations wherein a change to the terms materially modifies your rights or obligations, we will notify you of such change. We may provide notice through a banner or pop-up within the service, by sending an email to your address registered into your account, or through other similar mechanisms. In addition to this, if changes in terms materially modify your rights or obligations, we may need you to provide consent by accepting the changed terms. Changes become effective only after you accept it. We may terminate you access to and use of the service if you do not accept the changes in terms. All other changes to the terms become effective after it is published. In case of disputes, it will be resolved in accordance with the terms in effect at the time the dispute arose.

  1. GOVERNING LAW AND JURISDICTION:

These terms and any action mentioned herein 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 waive any jurisdictional, venue, or inconvenient forum objections to such courts and submit to the exclusive jurisdiction of the courts in the said country.

  1. DISPUTE RESOLUTION AND ARBITRATION:

You and we agree that all disputes arising in connection with the terms shall be settled by binding arbitration, in the interest of resolving disputes in the most cost effective and expedient manner. Arbitration uses a middleman or neutral arbitrator instead of a jury or a judge which make it more informal than a lawsuit in court. It may allow for more limited discovery or review than in court. Just like in court, arbitrators can grant the same damages and relief. Our agreement to settle disputes includes, but is not limited to all claims relating to any aspect of the terms, whether based in statute, tort, contract, misinterpretation, fraud or any other legal theory, and regardless of whether the claims occur during or after the termination of the terms.

  1. WAIVER AND SEVERABILITY:

Our failure to implement any provision or right of these terms will not be deemed a waiver of such provision or right. In case wherein any provision of these terms is held to be invalid, then such provision will be eliminated or limited to comply with the applicable law, and the remaining provisions of these terms will still remain in full effect.

  1. ABILITY TO ACCEPT TERMS OF USE:

You confirm that you are at least 18 years old, or possess legal parental or guardian consent, and are fully competent and able to enter into the terms, conditions, representations, obligations, affirmations and warranties set forth in these terms of use, and to strictly follow and comply with these terms of use.

  1. CONSENT TO ELECTRONIC COMMUNICATIONS:

You hereby consent that by using the service, you will receive certain electronic communication from us. You agree that any agreements, notices, disclosures or other communications we send to you electronically will fulfill any legal requirements of communication, including without limitation that such communications be in writing.

  1. ENTIRE AGREEMENT:

These terms together with the privacy policy, are the complete and exclusive agreement between you and us regarding the website (this excludes any services for which you have a separate agreement in addition or in place of these terms), and these terms replace and supersede any prior agreements between you and us regarding the use of the website.

  1. COMPLAINTS AND QUERIES:

If you are not satisfied with any of our service, or if you have any feedbacks or queries, please email us.

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