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TERMS AND CONDITIONS
Introduction
This is an agreement between Heidiprice.com.au, as well as its partners and affiliates on the one hand, and the user of Heidiprice's products and services on the other hand.
In this Agreement "You" and "Your" refer to you or any agent, employee, servant or person authorized to act on your behalf. "We", "Us" and "Our" refer to Heidiprice as well as its subsidiaries and partner businesses.
This Agreement explains our obligations to you, and explains your obligations to us for various services offered by Heidiprice.
When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Heidiprice service(s) or products or to cancel your Heidiprice services (even if we were not notified of such authorization), this Agreement covers such service or actions.
1. Modification.
You agree that Heidiprice may modify this Agreement and the services it offers to You from time to time.
You agree to be bound by any changes Heidiprice may reasonably make to this Agreement when such changes are made.
If You have purchased services or products from Heidiprice, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the products or services.
2. Accurate Information.
You agree to maintain accurate information by providing updates to Heidiprice, as needed, while You are using Heidiprice's products and services.
You agree You will notify Heidiprice within five (5) business days when any change of the information You provided as part of the application and/or registration process changes.
Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Heidiprice to determine the validity of information provided by You will constitute a material breach of this Agreement.
If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Heidiprice has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Heidiprice has the absolute right, in its sole discretion, to terminate its Services and close Your account.
3. Privacy.
You can view Heidiprice's Privacy Policy, which is incorporated herein by reference, as it is applicable to all Heidiprice products and services.
The Privacy Policy sets out Your rights and Heidiprice's responsibilities with regard to Your personal information.
Heidiprice will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.
Privacy Policy
4. Prohibited Activities.
You agree not to engage in unacceptable use of any of Heidiprice products and/or services, which includes, without limitation, use of Heidiprice products and/or services to:
(i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email or unreasonably large volumes of email on a daily basis, provided, Heidiprice, in its sole discretion, may permit You, if You have a legitimate purpose and after written request, to send more email than Heidiprice's standard SMTP relay limit;
(ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
(iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
(iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
(v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of Australia and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
(vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization;
(vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
(viii) engage in any other activity deemed by Heidiprice to be in conflict with the spirit or intent of this Agreement or any Heidiprice policy; or
(ix) use Your server as an "open relay" or similar purposes. This includes but is not limited to pirated software, hacking programs or archives, warez and mp3 sites and IRC bots.
Heidiprice is the sole arbiter as to what constitutes a violation of this provision.
Violations of system or network security are prohibited, and may result in criminal and civil liability.
Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic, interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
5. Rates and Prices.
You acknowledge that the nature of the service furnished and the rates and charges have been communicated to You.
You are aware that Heidiprice reserves the right to change the specified rates and charges from time to time.
6. Fees, Payment and Refund.
As consideration for the products and/or services purchased by You and provided to You by Heidiprice, You agree to pay Heidiprice at the times specified in Your order.
All fees are non-refundable unless otherwise expressly noted, even if Your services are suspended, terminated, or transferred prior to the end of the term of service.
Heidiprice expressly reserves the right to modify pricing through email notification and/or notice on its website.
7. Billing.
If for any reason Heidiprice is unable to charge Your account for the full amount owed to Heidiprice for the products and/or services provided, or if Heidiprice is charged a penalty for any fee it previously charged to You, You agree that Heidiprice may pursue all available remedies in order to obtain payment.
If You pay by credit card and if for any reason Heidiprice is unable to charge Your credit card with the full amount of the services provided, or if Heidiprice is charged back for any fee it previously charged to the credit card You provided, You agree that Heidiprice may pursue all available remedies in order to obtain payment.
You agree that among the remedies Heidiprice may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any products and/or services.
Heidiprice reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular services, including additional costs that it may incur in providing the services and pass these costs along to You.
8. Currency Conversion Fees.
While all purchases are processed in AUSTRALIAN dollars, Heidiprice may provide an estimated conversion price to currencies other than Australian dollars.
You acknowledge and agree that the pricing displayed during the checkout process is an estimate.
Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate.
Accordingly, Heidiprice makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price.
In addition, you may charged Currency Conversion fees by your Financial Institution, when using Paypal, based on the country indicated in Your billing address section.
Any amounts to be charged are NOT determined by Heidiprice.
9. Indemnification.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Heidiprice and all affiliates of Heidiprice, and all officers, agents, employees, and representatives of Heidiprice, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and Your acquisition and use thereof, including, but not limited to, the provision of the Heidiprice products and/or services by Heidiprice and its agents and employees.
Further, You agree to defend, indemnify and hold Heidiprice harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.
This indemnification is in addition to any indemnification required of You elsewhere.
Should Heidiprice be notified of a pending law suit, or receive notice of the filing of a law suit, Heidiprice may seek a written confirmation from You concerning Your obligation to defend, indemnify Heidiprice.
Your failure to provide such a confirmation may be considered a breach of this agreement.
You agree that Heidiprice shall have the right to participate in the defense of any such claim through counsel of its own choosing.
You agree to notify Heidiprice of any such claim promptly in writing and to allow Heidiprice to control the proceedings.
You agree to cooperate fully with Heidiprice during such proceedings.
10. Termination.
You agree that You will be responsible for notifying Heidipriceshould You desire to terminate Your use of Heidiprice's Services.
Notification of Your intent to terminate must be provided to Heidiprice no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.
11. Notices.
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
12. Legal Age.
You attest that you are of legal age to enter into this Agreement.
13. Final Agreement.
This Agreement, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications.
This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
14. No Agency Relationship.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto.
Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
15. Waiver.
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
16. Enforceability.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.
We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
17. Assignment and Resale.
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable.
Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.
You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Heidiprice's prior express written consent.
18. Force Majeure.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to:
earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott;
supplier failures, shortages, breaches, or delays;
or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Heidiprice, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority;
or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section
(i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and
(ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based;
provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Heidiprice may immediately terminate this Agreement.
19. Headings.
Any section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
20. This Revision.
This document was last revised on Monday, May 18th, 2009
© 2009 Heidiprice.com.au ABN: 98 176 896 386