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Please read these
membership terms and conditions as they form a legal and
binding agreement ("Agreement") between you (the "Customer")
and this website ("Service Provider"). This online
membership service is provided by the Service Provider
strictly in accordance with these terms and conditions.
Customers may elect to sign-up for a number of different
memberships offered by the Service Provider which may all
have differing membership fee structures. These different
memberships and corresponding fee structures are all
detailed on the customer join page and Customers should be
aware that they will be charged individually for each and
every membership.
The membership
services offered by the service provider are not to be
downloaded in any area where the act of downloading material
would constitute an offence or would contravene any law.
Customers will be
charged a membership fee for each individual membership in
accordance with the prevailing membership offer (including
fee and billing cycle terms) at the time the Customer
commences any such membership. If the Customer elects to
commence more than one membership, then the Customer
acknowledges that he/she will be charged individually for
each membership and each membership may result in a
different membership fee and be billed at a different time,
depending on the memberships commenced. All payments made to
the Service Provider by Customers relating to membership
fees are non-refundable. The Customer authorizes the Service
Provider or the Service Provider's billing agent to charge
the Customer for recurring membership fees in accordance
with the membership fee structures of each of the Customers'
memberships.
The customer
acknowledges that the Service Provider may offer a number of
different payment options from time to time and also provide
a number of different billing agents each of which may have
further terms and conditions relating to their services. The
Customer acknowledges that it is his/her sole responsibility
to read any further terms and conditions provided by such
billing agents. The Service Provider reserves its right to
change billing agents in relation to credit card payments
associated with recurring memberships if and when the
Service Provider in its sole discretion considers it
appropriate.
The Customers'
memberships will be automatically renewed for the relevant
rebilling period corresponding to each individual membership
upon expiration of such period, unless the Service Provider
is notified 7 days prior to membership expiration. In the
event of a trial membership offered by the Service Provider
which renews to a full membership 72 hours after sign-up,
the Customer must cancel the membership within that 72 hour
trial period. In order to avoid the membership converting
into a full membership and the Customer being charged the
relevant rebilling membership fee. The Customer acknowledges
that if the Customer has elected to commence a free trial
the Customer may be subject to a pre-authorization
associated with the credit card information provided by the
Customer. The pre-authorization is not a charge to the
credit card, however, the then applicable monthly membership
charge may be reserved against the member's available credit
card limit and will only be charged to the Customers' credit
card account if the Customer does not cancel the trial
within the 72 hour trial period. The Service Provider will
not be held responsible for bank charges, fees or penalties
due to overdrawn or delinquent Customers' accounts. Any
refund made by the Service Provider in relation to any
credit card payment associated with membership fees will be
credited back to the same credit card account as was used
for the relevant membership (s).
Where a Customer
bookmarks a page of this web site or any other web site
offered in association with a membership which results in
the Customer by-passing the web page containing the terms
and conditions of access to that web site, the customer
agrees that he/she is of the age of majority and understands
and agrees to the terms and conditions associated with
accessing that web site.
The Customer
agrees to immediately advise the Service Provider of any
changes in the membership details provided to the Service
Provider in relation to any membership. Furthermore the
customer agrees to inform the Service Provider if the
Customers' credit card is stolen or lost or is subject to
any unauthorized use or fraudulent activity. The Customer
also agrees to inform the Service Provider if there is any
breach of security in relation to the use of the Customers'
ID or password. Unless the Customer gives proper notice to
the Service Provider of the above, the Customer shall be
liable to the Service Provider for any charges for
unauthorized use associated with any membership offered by
the Service Provider. The Service Provider takes no
responsibility for the supply of computer equipment or any
communication services to the Customer necessary to utilize
any services offered as part of any membership offered by
the Service Provider.
The Customer
acknowledges and understands that the Service Provider is
not responsible for any link contained on this web site or
any other web site offered in association with a membership,
nor is it responsible or does it endorse the content on any
linked web site.
The Service
Provider reserves its right to cancel any membership at any
time with or without cause and the Service Provider will
provide notice of such cancellation to the Customer by email
to the email address provided to the Service Provider by the
Customer.
The Service
Provider hereby excludes all liability to the fullest extend
allowed by law. Under no circumstance, including, but not
limited to, negligence, shall the Service Provider or any of
its related, affiliated companies be liable for any direct,
indirect, incidental, special, consequential or punitive
damages that result from the use of, or the inability to use
any service provided by the Service Provider as part of any
membership.
The Customer
agrees to indemnify and hold harmless the Service Provider,
its officers, directors, managers, members, agents and
employees against any claims, losses, liabilities or
expenses arising out of Customers' breach of any term or
condition of this Agreement.
In the event that
any dispute arises in relation to the terms of this
Agreement the parties agree to submit to the exclusive
jurisdiction of Samoa and to the competent courts of that
country.
Whilst the Service
Provider is mindful of relevant privacy regulations and
legislation, the Customer acknowledges that in the event of
any suspicion of fraudulent activity associated with any
Customer membership, the Customers' details will be
forwarded to the relevant enforcement body along with
details of relevant memberships. The Customer acknowledges
and agrees to receive further email offers from the Service
Provider or any authorized or related entity.
The terms of this
Agreement supersede all prior agreements relating to this
subject matter between the parties and reflects the complete
understanding between the parties. In the event that any
term or condition contained herein is unenforceable then it
shall be severed without affecting the validity of the
remainder of the Agreement.
As a Customer you
agree to abide by the terms of this Agreement and
acknowledge that the Service Provider may modify or amend
any of the terms of this Agreement (including membership
fees) at any time without the necessity for reason, and the
Customer shall be informed of any such changes by way of
posting such change to this web page at which time they will
become binding upon the Customer. Any updated terms and
conditions shall supersede any prior version upon being
posted to this web page. The Customer understands that the
customers' continued use of the membership services
constitutes the customers' binding acceptance of these terms
and conditions, including any changes made. If the Customer
does not wish to be bound by any modification of these terms
and conditions the Customer should stop using the services
and or cancel the Customers' membership.
By using this site
you have read, understood and agree to the above terms and
conditions.
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