Contents
1 Definitions
2 Our contract with you
3 Price, payment and product provision
4 Delivery
5 Cancellation of order
6 Foreign taxes, duties and import restrictions
7 Goods returned
8 Your account with us
9 Disclaimers
10 Confidential Information and Intellectual Property Rights
11 Your email address
12 Your Material
13 The Licence (EULA)
14 System Security
15 Acceptable use Policy
16 Indemnity
17 Miscellaneous provisions
Trading terms and conditions of Seekers Community
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Product. We look forward to seeing you again when you are over 18.
We are: Seekers Community
Our address is: PO Box 7765, East Brisbane, Qld 4169, Australia
You are: a visitor to Our Website / Our customer
The terms and conditions
1 Definitions
In this agreement:
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business;
“Confidential Information” means information relating to the Product, including all material contained
In its distributable files, activation and registration code, all copyright and trade and other marks, whether registered or not.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“EULA” means end user licence agreement, the licence contained in this document which permits you to use the Product.
“Material” means Content of any sort posted by you on Our Website.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Product” means any of the Product we offer for sale on our Website and include generally available updates and support services so far as specified for each Product.
“Subscription Period” means the period for which you have paid for a licence to use the Product, whether an initial period or on renewal.
2 Our contract with you
2.1 When you buy the Product, you are in fact buying a licence to use the Product for one year, subject to the terms of the EULA contained in this agreement. These are the terms and conditions which apply to our sale to you of that license. They apply:
so far as the context allows, to you as a visitor to Our Website; and
in any event to you as a buyer or prospective buyer of our Product.
2.2 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order / when your order will be available for download.
2.3 Unfortunately, we cannot guarantee that every Product advertised on our website is available. If at any time a Product becomes unavailable, we will immediately refund any money you have paid.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you place your order.
2.5 If in future, you buy the Product from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
2.6 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date of your order.
3 Price, payment and product provision
3.1 When you buy the Product, you are in fact buying a licence to use the Product for one year, subject to the terms of the EULA contained in this agreement.
3.2 It is possible that the price may have increased from that posted on our Website. If that happens, we will not provide the Product until you have confirmed that you wish to order or renew at the new price.
3.3 Licence fees and any other charges are billed in advance.
3.4 Payments are non-refundable.
3.5 Our Product will be provided in soft copy by the way we have explained in our Website.
3.6 You agree to pay the monthly licence fee for the Product, from the credit card or information for which you have or will have supplied to us. After that period has expired, you authorise us to arrange withdrawal of funds on this card in payment of your subscription for each subsequent month for the remaining subscription period (total of 12 months). You are committed to 12 monthly payments in total upon agreement to this subscription. Payments can not be suspended mid subscription.
3.7 If you have made payment in some way other than by credit card, your subscription will be renewed only if you make the appropriate payment before the expiry of your previous subscription.
3.8 We may change the nature or provision of the Product at any time. We may tell you about any such change by email or by posting details on Our Website.
3.9 If we change the nature or provision of the Product, you may terminate this contract and we will refund to you any unexpired portion of your subscription.
3.10 If a change we make in the provision of the Product, involves action on your part, and you do not take that action, we are entitled to terminate your subscription without further notice.
3.11 You may not share or allow others to use the Product in your name.
3.12 We will provide updates to the Product from time to time as we decide during the Subscription Period.
3.13 We will do our best to provide email support for the Product at all times and to maintain Our Website so that you have constant use, but there will be times when our support / your use may be interrupted. Such interruption for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
3.14 If for any reason you are not completely happy with your purchase, just contact us within 30 days of your initial subscription via email from our website, and we will refund all your purchase price and cancel any further payments/subscription. After this time, you are committed to the full 12 month subscription which can not be suspended or cancelled.
4 Delivery
This paragraph applies only if your order for the Product includes a hard copy version / shrink wrapped, sealed version
4.1 Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.
4.2 If we are unable to deliver your order after two calls by our carrier, we will notify you to try to arrange an alternative date for delivery, convenient to you. If we have failed to contact you after 10 days from the first time we attempted delivery, we will cancel your order and return money paid for the goods. We will retain any charge we made for delivery.
4.3 If we ourselves are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery.
4.4 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
4.5 Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
5 Cancellation of order
5.1 If you bought the Product as a Consumer, you may cancel your order for the Product at any time before the expiry of 30 working days from the date of the initial order, not including the day you ordered.
5.2 Because the Product is available to you, and can be copied by you on delivery, you have no statutory right to cancellation once you have received the Product.
5.3 If you cancel before delivery, we will refund your money as soon as reasonably possible and in any event within 30 days of cancellation of your order.
5.4 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the Services to you.
6 Foreign taxes, duties and import restrictions
6.1 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
6.2 You are responsible for purchasing Product which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
7 Goods returned
7.1 If for any reason you are not completely happy with your purchase, just contact us within 30 days, and we will refund all your purchase price.
7.2 If it is necessary to return a box to us, it is essential that you follow the instructions below. These provisions apply in the event that you return Product to us because you say they are faulty:
7.3 You must tell us by email message via our website or by letter to our land address at PO Box 7765, East Brisbane, Qld 4169, Australia, that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
7.4 The Goods must be returned to us as soon as any defect is discovered.
7.5 So far as possible, Goods should be returned:
7.5.1 with both goods and all packaging as far as possible in their original condition;
7.5.2 securely wrapped;
7.5.3 at your risk and cost.
8 Your account with us
8.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Product.
8.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
8.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
8.4 We reserve the right to refuse you access to Our Website.
9 Disclaimers
9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Product, at any time and without advance notice.
9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
9.3 We give no warranty and make no representation, express or implied, as to:
9.3.1 the adequacy or appropriateness of the Product for your purpose;
9.3.2 any implied warranty or condition as to merchantability or fitness of the Product for a particular purpose other than that for which the Goods are commonly used;
9.3.3 The use of, or results of the use of the Product or its compatibility with your equipment, software or telecommunications connection;
9.3.4 compliance with any law;
9.3.5 non-infringement of any right.
9.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of our Product.
9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
10 Confidential Information and Intellectual Property Rights
10.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
10.2 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.3 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
10.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.5 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
10.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
11 Your email address
11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
12 Your Material
12.1 If you post any Material in Our Website or send to us via email, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
12.2 You agree that if you do post any Material on Our Website or send to us via email, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
12.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
12.4 You represent and warrant that:
12.4.1 you own the rights to all of the Material that you post;
12.4.2 any fact stated in your Material is accurate;
13 The Licence (EULA)
13.1 Subject to the terms of this agreement, we grant to you a limited licence to use the Product for your personal or business use. The license is non-exclusive, non-transferable and royalty free.
13.2 If you have bought a single-user licence, you may install and use it on not more than two computers used exclusively by one person.
13.3 You may not copy the Product except for the purpose of system maintenance, nor may you transfer it nor allow any other person to use it.
14 System Security
14.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
14.2 You may not use any software tool for the purpose of extracting data from our website.
14.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
15 Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
15.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:
15.1.1 copyright works;
15.1.2 commercial audio, video or music files;
15.1.3 any Material which violates the law of any established jurisdiction;
15.1.4 unlicensed software;
15.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
15.1.6 links to any of the material specified in this paragraph;
15.1.7 pornographic Material;
15.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
15.2 You will not use the Product for spamming. Spamming includes, but is not limited to:
15.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
15.2.2 The sending of junk mail;
15.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
15.2.4 Excessive and repeated posting off-topic messages to newsgroups;
15.2.5 Excessive and repeated cross-posting;
15.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
15.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18.
16 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
17 Miscellaneous provisions
17.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
17.2 Where we provide Product or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those services.
17.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
17.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
17.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
17.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
17.8 This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Privacy Policy
We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not fall into the hands of a third party. Our policy is both specific and strict. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.
We are constantly vigilant for credit card or other fraud. We report all charge backs to a credit reference agency. If you have any reason to seek the return of money paid, please contact us rather than your credit card issuer.
Information may be unlawfully available to hackers and snoopers. We take no responsibility for this. The risk is no different from a similar risk in a bricks and mortar establishment. Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site. If this policy should change in the future (most unlikely), then we shall provide notification in advance, and the opportunity for all users to indicate whether or not they would prefer that we do not provide the information to third parties as proposed.
We do not market to children. Such child members will inevitably visit other parts of the site and will be subject to whatever on site marketing they find, wherever they visit.
Here is a list of the information we collect, and why it is necessary to collect it:
Basic identification and contact information, such as your name and contact details.
This information is used:
to provide you with the services which you request;
to maintain our accounts;
for billing;
to enable us to answer your enquiries;
for verifying your identity for security purposes;
for marketing our services and products;
to help make our web site as useful to you as possible;
information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.
Your domain name and e?mail address
are recognised by our servers and the pages that you visit are recorded. This information is used:
in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;
to send you news about the services to which you have signed up;
to tell you about other of our services.
Financial information, including credit card details
This information is used to obtain payment for goods and services you have ordered from us. This information is never actually received by us. The page where this information is given by you is controlled by our contract merchant service provider. Such information is automatically encrypted, and later decrypted for use. It never touches our system.
Note: your Internet browser may produce a warning message. This is automatic and does not reflect on the high level of security built into our system.
Your personal profile
Is available to be seen by members throughout the world. No contact details whatever are given out with it. This information is not used for marketing purposes of any sort. Information, which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service. Some of this information is classified as sensitive information by the Australian Data Protection Acts. We make the assumption that in giving this information to us, you consent to our holding it for the duration of your membership or until further notice from you.
Information volunteered by you
for a particular purpose, for example a personal profile, survey, job application form, or contest. This information will be used exclusively for the purpose for which you have provided it. Information is disclosed to third parties only where the third party concerned qualifies in whatever way the web site page requires. We will make absolutely clear on the face of the page, any intention to publicise the name of a winner.
Affiliate information
This is information given to us in the course of your business and ours as you have applied to join our affiliate scheme. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. This information is used:
to maintain our accounts and affiliate records;
for billing;
to enable us to answer your enquiries;
for verifying your identity for security purposes;
to send you news about the services to which you have signed up;
to tell you about other of our services.
Business information
This is information given to us in the course of your business and ours such as in relation to your application to partner with us or advertise with us. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you and any partner to reciprocate this policy.
Disclosure to Government
and their agencies. We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorization such as a search warrant or court order.
Information request
At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
This confidentiality policy has been compiled so as to comply with current Australian, UK, US and EU legislation, so far as we are aware.
Disclaimer
The information from this website is copyright. Apart from any fair dealing for the purposes of private study, research or review, as permitted under the copyright act, no part may be reproduced by any process or distributed without written permission from the publisher.
The information provided, distributed or the information available on this website (including the opinions and articles by our Expert panel) are intended as suggestions only. Our services are advisory only and you, the purchaser, bear the sole responsibility for the use and implementation of the ideas contained and presented. These issues and the website contain the personal opinions and ideas of the author and third parties. They are not intended to be a substitute for gaining specific professional advice from legal, tax, investment, accounting, insurance, or financial advisors. It is the reader’s responsibility to consult professional advice or services with regard to any strategies outlined in the information provided in these issues or website and to determine their relevance to the reader’s geographical location and personal situation. The contents and website in no way dilute the absolute responsibility of the reader/viewer to perform due diligence with regard to any transactions nor do they absolve the reader from, or assign to the author or third parties, responsibility for the consequences of any actions taken.
Seekers Community © Copyright 2010
Postal Address:
PO Box 7765 East Brisbane Queensland 4169 Australia