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Terms & Conditions
Last modified: 27 APRIL 2015
Welcome to ASTARICKS. These ASTARICKS terms and conditions apply to your access and use of any ASTARICKS web site or service, including any technology, information, software, web sites, materials, and updates that ASTARICKS makes available to you as part of such service (collectively 'Service' or 'Services'). The Services are owned and operated by ASTARICKS Pty Ltd - ABN 50 163 933 471.
By accessing or using these Services you accept and agree to the terms and conditions below, including any documents, policies and guidelines incorporated by reference (referred to collectively as the 'Terms'), as a legal contract between you, whether you are an individual, corporation, or other legal entity ('your' or 'you') and ASTARICKS Pty Ltd its agents and Affiliates (collectively 'ASTARICKS', 'our', 'we', or 'us').
If you are accepting this contract on behalf of your employer or another legal entity, you represent and warrant that you have the authority to bind that entity and that you are agreeing to these terms on behalf of that entity. If you cannot truthfully make these representations then you must not agree to be bound by these Terms or use the Services on behalf of such third party.
If you do not accept and agree to all provisions of these Terms, now or in the future, you may reject these Terms by immediately terminating all access and use of the Services, in which case any continuing access or use of the Service is unauthorised.
Unless otherwise defined, capitalized terms used throughout these Terms have the meanings stated below:
'Account Information' means the information you provide to ASTARICKS when you register for a User account, including your logon information.
'Affiliate' means a person corporation, association or other entity (the "Person") which a party, directly or indirectly through one or more intermediaries Controls, is Controlled by or is under Common Control with such party and additionally, "Control" (including the terms "Controlled by" and "under Common Control with") means the possession, directly or indirectly, of the power to direct or cause the directions of the management and policies of a Person, whether through:
- owning of more than one half of the capital or business assets, or
- exercising more than one half of the voting rights, or
- appointing more than one half of the members of the supervisory board, board of management or bodies legally authorized to manage such Person, or
- managing the Person, or
- any other way to exercise a dominant influence.
'ASTARICKS Card' means a listing made on these Services, including the Materials within the listing.
'Card Assistant' means a role that a User who accepts the responsibility of managing and updating another User's ASTARICKS Cards.
'Card' means ASTARICKS Card.
'Contribute' means to email, post, submit, store, transmit or otherwise contribute through your use of the Services.
'Intellectual Property Rights' means copyright and neighbouring rights, all rights in relation to inventions (including patents), registered and unregistered trademarks, registered and unregistered designs, circuit layouts and confidential information; and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
'Law' includes legislation, regulations, by-laws, ordinances, rules, codes of conduct and judge made law.
'Material' means any material provided by ASTARICKS and any User Content, including text, code, software, images, video, binary files, accounts, Account Information, abuse reports, emails, messages and any other User communications.
'Payment Agent' means any payment agent approved by ASTARICKS from time to time including PayPal.
'Service Materials' means Materials other than Your Content.
'Shared Content' means the User Content that you or other Users share through the Services.
'Site' means the website located at astaricks.com.au and/or any other website through which we provide any of the Services.
'User' means a person who is over the age of 18, agrees to these Terms and then accesses or uses the Services.
'User Content' means (a) Your Content and (b) Shared Content uploaded by other Users.
'Your ASTARICKS Card' mean an ASTARICKS Card that is either (a) created by using your account or (b) created by your Card Assistant(s).
'Your Ledger' has the meaning given that term in Section 20.
'Your Card Assistant' means a User that you have approved as a Card Assistant for one or more of Your ASTARICKS Cards.
'Your Content' means any Material that you Contribute through your use of the Services.
'Your Shared Content' means Your Content that you choose to make into Shared Content.
A reference to a statute means that statute as in force from time to time, and to any statute passed in substitution for that statute.
Where one part of speech of a word is defined, other parts of speech of that word have corresponding meanings.
The word 'including' means including but is not limited to.
3. ACCESS TO SERVICES
The Services are intended and designed for Users 18 years of age and older, and access or use by anyone under 18 years of age is not authorized. By accessing the Services you warrant that you are 18 years of age or older.
Access to the Services is provided to Users for the posting, managing and sharing of ASTARICKS Cards, including, business and personal contact listings, classified advertisements, marketing and promotional campaigns, products and services information; and the digital collaboration through the systematic exchanging (sharing) of ASTARICKS Cards.
When you use these Services, we give you a limited licence to access and use Material provided by ASTARICKS for internal business and personal use. This does not include any commercial use (i.e. money-making purpose) including collecting, distributing or selling any Materials, selling access to the Services or any use competitive with the Services. Any such commercial use of our Services, if permitted, may be subject to contractual agreements, additional terms and/or fees outside of these Terms.
The licence to access and use the information on our Services does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror any of our Site without our prior written permission. We reserve the right to serve you with notice to terminate your account if we become aware of your involvement with any unauthorised data mining, metatagging or mirroring of our Site.
Except as permitted under (a) Section 11 (Shared Content) of the Terms or (b) any copyright Law in your locale or in the location of your webserver, you are not permitted to copy, reproduce, republish, distribute, communicate to the public, perform or display any of the Materials on our Services without our prior written permission.
4. LOCATION SERVICES
The initial geographical location used by the Services may be obtained from the User's public IP address at time of accessing our Services or a User may, at their discretion, choose to refine their geographical location and/or search area by allowing the Services to access the location services hardware and technologies, if any, within a User's computer or mobile communication device. By refining the geographical location of a User and/or the search area, the accuracy and relevancy of search results will be improved. Additionally, the Services allow a User to specify a city, street address, zip/postcode or geographical datum to alter the location on which to conduct a search for Card listings.
In order to access some of the Services, especially the listing downloads and paid Services, such as creating Cards, provided by ASTARICKS, you must apply for a User account ('account').
You may only create an account if you are 18 years or older.
You must complete the account application by providing certain information as set out on the account creation page.
We may at any time request a form of identification to verify your identity.
You do not have an automatic entitlement to register and we may, at our sole discretion, elect to:
- refuse your registration application; or
- once registration is granted, suspend, terminate or restrict, all or part thereof, your registered use at any time.
We are not obliged to give reasons for our decision to reject your application or suspend, terminate or restrict your account at any time.
Once your registration is accepted you will have a single account and be able to access all areas of the Services with use of the username and password you set up at the time you registered. Among other things, through your account, you will be able to access a ledger which records any payments made by you for the Services ('Your Ledger').
Upon account creation you agree to pay for our Services, where applicable, as set out on our Site.
You must keep current and accurate the information that you provided when you registered with us.
Your account is non-transferable. You may only have one account at a time.
Only you may use your account. You must keep your account and password confidential and not authorise any third party to access or use the service on your behalf, unless we provide an approved mechanism for that.
You must contact us right away if you suspect misuse of your account or any security breach in the Service.
If you have opened an account on behalf of a third party, such as your employer or if you are a Card Assistant (see Section 6), that party has rights to your account and may: view your account's usage and card data, including how and when your account is used; and read or store Material in your account, including electronic communications, contact lists, and other information.
You may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the Card process or otherwise for Contributing Material in violation of these Terms.
You are responsible for each and every access or use of the Services that occurs in conjunction with use of your username and password.
If you are registering as a business owner you:
- agree that you are the registered business owner or authorised representative of the business being registered;
- agree that your business, like all businesses displayed on the Site is subject to receive ratings and reviews from Users;
- acknowledge that, to the maximum extent permitted by law, ASTARICKS is not liable for any Material that causes you or your business any loss or damage;
- acknowledge that ASTARICKS reserves the right to include or exclude entry to, or remove a business from the Site and the Card directory; and
- understand that ASTARICKS at its sole discretion will determine the utilisation of all keywords, categories, Material and other material used to describe or categorise a business listing for all purposes relating to the Site and the Card directory.
6. CARD ASSISTANT
A User ('first User') may invite a person to be a Card Assistant for the purpose of managing and updating the first User's Cards. If the person accepts the role of Card Assistant, he/she must register with the Site in the usual manner. The Card Assistant is a User like any other. The Card Assistant is subject to all of these Terms and is responsible for all the User Content that he/she Contributes. The first User is also responsible for all actions of any persons they authorise as Card Assistants.
The Card Assistant has the authority to Contribute to Your Content and amend Your Content within the Cards as granted by the first User. The first User may limit the Card Assistant's authority, e.g. only modify certain Cards and, in that case, the Card Assistant must only operate within the bounds of his/her authority.
Your role as Card Assistant in no way limits your liability, responsibly or rights as set out in these Terms. If your role as a Card Assistant has been revoked by a first User you must immediately cease managing or updating the cards that you were granted access to by that first user.
Do not accept to be a Card Assistant for a User if you do not want to accept the responsibility and liability as defined by these Terms.
ASTARICKS has the right, but not the obligation:
- to regulate and modify User Content (or any other third party content);
- to regulate conduct (including any authorized or unauthorized access to or use of our Services) by any User (or any other third party in any manner); and
- to enforce the Terms, for any reason and in any manner or by any means that ASTARICKS, in its sole discretion, deems necessary or appropriate (including automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of Material, accounts and/or all or any use or access).
ASTARICKS's action or inaction to regulate Material or to enforce against any potential violation of the Terms by you (or any other third party) does not waive ASTARICKS's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar Material, conduct or potential Terms violation.
You acknowledge that ASTARICKS may at its discretion include additional features or inclusions such as third party advertisements within Material.
8. USER CONTENT AND CONDUCT
ASTARICKS does not control, is not responsible for and makes no representations or warranties with respect to any User, User conduct or User Content. You are solely responsible for your interaction with or reliance on any User, User conduct or User Content. You must perform any appropriate or prudent inquiry with respect to any User, User conduct or User Content. ASTARICKS does not endorse, support or sponsor any User, User conduct or User Content. Responsibility for User Content rests with the relevant User. To the maximum extent permitted by law, ASTARICKS is not liable for such User conduct or User Content.
ASTARICKS is not responsible for providing technical support, development assistance, customer service or any other services to you in connection with your use of any User Content.
You are also responsible for your own conduct and activities on, through or related to the Services, and, if you create a User account on the Services, you are responsible for all conduct or activities on, through or by use of your account.
You agree not to access or attempt to access the Services by any means other than those Services provided by ASTARICKS or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
Except as permitted in Section 3 and Section 11, You are only permitted to download Materials, including ASTARICKS Cards, from the Services to your computer or mobile device using our Services and provided that you adhere to the Terms and do not delete or change any copyright symbol, trade mark or other proprietary notice, or alter any security measure or measurement technological restriction. Your use of Material in any other way may infringe the Intellectual Property Rights of ASTARICKS or our Users.
You agree not to use, or to encourage or permit others to use, the Services to:
- Contribute any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Contribute any Material that is misleading, deceptive or is likely to mislead or deceive or breaches any Law of Australia or any other country in which you or your web server are located;
- Stalk, intimidate and/or harass another;
- Incite others to commit violence;
- Harm minors in any way;
- Contribute any Material that you do not have a right to Contribute under any Law or contractual or fiduciary relationship;
- Contribute any Material that infringes any Intellectual Property Right or other proprietary right of any party;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;
- Use the Services or Materials in such a way that it will mislead a User into believing that they are interacting directly with ASTARICKS or any Service;
- Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
- Use any ASTARICKS domain name as a pseudonymous return email address;
- Contribute any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- Access or use the Services in any manner that could damage, disable, overburden or impair any ASTARICKS server or the networks connected to any ASTARICKS server;
- Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable Laws related to the access to or use of the Services, violate any requirements, procedures, policies or regulations of networks connected to the Services, or engage in any activity prohibited by the Terms;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Services or any affiliated or linked web sites;
- Disrupt, interfere with, or inhibit any other User from using and enjoying the Services or Materials, or other affiliated or linked web sites, services or materials;
- Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Services;
- Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by ASTARICKS;
- Subject to Section 3, reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services or any Materials, use of any Service or Materials, or access to any Service or Materials;
- Use any data mining, robots, or similar data gathering and extraction methods in connection with the Services or Materials;
- Host, on a subscription basis or otherwise, the Services without ASTARICKS's authorization, (i) to permit a third party to use the Services to create, transmit, or promote any content, or (ii) to conduct conferences or online meeting services for a third party;
- Defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or
- Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section 8.
9. YOUR CONTENT
We do not take responsibility or make any representations or warranties for Your Content. You agree that you, not ASTARICKS, are entirely responsible for all and any of Your Content you Contribute to the Services. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.
You retain ownership of the Intellectual Property Rights in Your Content and you grant to ASTARICKS a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use (including copy, reproduce, adapt, modify, publish, broadcast, communicate to the public, perform, transmit and display) Your Content in any and all media including forms not yet developed. You represent and warrant that you have the right to grant this licence. This licence ends when you terminate or cancel your account (Section 5) except for Your Content, which has already been released as Shared Content.
We reserve the right not to use some or all of Your Content Contributed to the Services.
You warrant to ASTARICKS that the Contribution of Your Content does not contain prohibited material as set forth in Section 12 Prohibited Material.
You warrant that if Your Content contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, you have obtained the authority of that person to make use of his/her name or representation or the copy.
Your Content containing your contact details must contain the company name or personal name, where applicable, and your street. Post office box and email addresses alone are insufficient.
Your Content submitted to the Services must comply with our specifications. We may reject the Content if it is not submitted in accordance with such specifications.
If you are representing a business and Your Content contains the price for consumer goods or services, you warrant that Your Content complies with the component pricing provisions of the Australian Consumer Law and contains, as a single price, the minimum total price to the extent quantifiable at time of publishing.
You warrant that Your Content is not misleading or deceptive or likely to mislead or deceive.
If Your Content promotes a competition or trade promotion, you warrant that you have obtained all relevant permits and you indemnify ASTARICKS against any loss in connection with the Your Content.
In the event that you are located in Australia you agree to comply with Commonwealth, State and local Laws regarding Your Content.
In the event that you are located outside of Australia, you agree to comply with any Laws in your locale or in the location of your web server regarding Your Content.
10. YOUR SHARED CONTENT
ASTARICKS requires the following license from you with respect to Your Shared Content in order to operate and enable the Services:
For Your Shared Content you grant other Users a worldwide, royalty-free, non-exclusive, transferrable, and sub-licensable license to display, download, distribute, perform, and reproduce Your Content, subject to Section 11 of these Terms. If you do not want to grant other Users these rights, then don't share Your Content with other Users.
This licence is for business and personal use only. It does not include any commercial use (i.e. money-making purpose) including collecting, distributing or selling any Shared Content, selling access to the Services nor any use competitive with the Services.
You are solely responsible for applying the appropriate level of access to Your Shared Content. If you do not choose, the system may default to its most permissive setting.
You can specify the level at which the Service restricts access to Your Shared Content.
We may allow other Users to comment on Your Shared Content unless you disable the commenting feature. We may allow you to import your contacts to the Services. For example, our Services may provide tools to help you upload email addresses of your contacts. If you provide your password to our Services to retrieve those contacts, we will not store the password after you have uploaded the contact information. In addition, we will not store these email addresses you have uploaded once you have found and connected with your friends.
11. SHARED CONTENT
A significant feature of the Service is sharing ASTARICKS Cards and Shared Content, including the downloading and storing of ASTARICKS Cards and Shared Content to a User's computer or mobile device.
With respect to Shared Content, ASTARICKS grants you a worldwide, royalty-free, and non-exclusive license to distribute, display, download, perform and reproduce, the Shared Content, subject to the restrictions stated in this Section 11.
This licence is for business and personal use only. It does not include any commercial use (i.e. money-making purpose) including collecting, distributing or selling any Shared Content, selling access to the Services nor any use competitive with the Services. Any such commercial use of our Services, if permitted, may be subject to contractual agreements, additional terms and/or fees outside of these Terms.
It is your sole responsibility to determine what limitations, if any, are placed on Your Shared Content. ASTARICKS cannot and does not monitor or control what others do with the Shared Content, nor can ASTARICKS prevent them from adding to, modifying or adapting the Shared Content.
You agree that ASTARICKS has no liability of any kind should other Users use, modify, adapt, destroy, corrupt, copy, distribute or sell your Shared Content in violation of the limitations that you may impose on its use.
Shared Content may include personal information (such as phone numbers or email addresses) to facilitate your ability to share Your Content. You are solely responsible for any and all personal information that you use and submit in connection with the Services.
You shall comply with all data protection and privacy laws and rules applicable to the personal information of other Users.
The Services may allow you to comment on Shared Contents. Comments are not anonymous and may be viewed by other Users. Your comments may be deleted by you, other Users, or ASTARICKS.
In general, even though we might delete an account you hold with us we may continue to retain information regarding your past actions in relation to the Site.
Upon removal of Your Content from the Service or upon making your Shared Content no longer shared, ASTARICKS shall have a reasonable time to cease use, distribution and/or display of Your Content. However, you acknowledge and agree that ASTARICKS shall have the right but not the obligation to keep archived or 'backup' copies of Your Content or use Your Content pursuant to Section 7 (Moderation).
12. PROHIBITED MATERIAL
Material prohibited from the Services includes:
- Material that infringes or breaches the Australian Competition and Consumer Act (Cth) or equivalent State legislation;
- Material that infringes or breaches any Intellectual Property Rights or other personal or proprietary right;
- Material that infringes or breaches any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
- Material that infringes or breaches State or Commonwealth privacy legislation or anti-discrimination legislation;
- Material that infringes or breaches any financial services law as defined in the Corporations Act 2001 (Cth); or
- Material that infringes or breaches any other Law (including any Law of the Commonwealth, or a State or Territory).
- Material in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services;
- Material that discloses another's personal, confidential or proprietary information, unless you have obtained the authority to make use of that information;
- Material that is false, fraudulent, misleading, deceptive or likely to mislead or deceive (including false, fraudulent or misleading Material on ASTARICKS Cards or responses to any ASTARICKS Cards transmitted via the Services);
- Material that is malicious (including malware or spyware);
- Material that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that would violate these Terms or our other legal rights; and
- Material that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on the Site and all such prohibitions are expressly incorporated into these Terms.
- In the event that you are located outside of Australia, you agree to comply with any Laws in your locale or in the location of your web server regarding any Material.
13. REPORTING AN INFRINGEMENT
A User shall not report (or otherwise seek removal of) Material Contributed to the Services ("flag the Material") without a personal, good-faith belief that the content violates the Terms. A User may report Material only on his/her own behalf or that of his/her business. A User must not permit, enable, induce or encourage others to flag Material for them. A User must not flag Material for others.
A User may flag a specific item of content only once.
A User flagging Material must do so manually and may not employ any automated means, products (including software programs) or services to report content. A User must not circumvent any technological restrictions (security measures) in the reporting process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for reporting (by use of proxy servers or any means whatsoever).
14. THIRD PARTY CONTENT & LINKS
The Services may include third party content, including maps and map content, which is subject to that third party's terms and conditions of use. Nothing on this Site or in these Terms should be construed as granting any license or right for you to use that Content.
ASTARICKS does not control, is not responsible for and makes no representations or warranties with respect to any third party content. You are solely responsible for your interaction with or reliance on any third party content. You must perform any appropriate or prudent inquiry with respect to any third party content. ASTARICKS does not endorse, support or sponsor any third party content. Each third party is responsible for its' own third party content. To the maximum extent permitted by law, ASTARICKS is not liable for such third party content.
The Services may from time to time contain hyperlinks to other web sites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Services to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
ASTARICKS grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Site so long as the link does not portray the Site or the Services in a false, misleading, derogatory, or otherwise offensive manner. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Site's contents including any Intellectual Property Rights notices and you must not frame or reformat any of our pages, files, images, text or other materials.
ASTARICKS is not responsible for providing technical support, development assistance, customer service or any other services to you in connection with your use of any third party content.
15. MAPS AND MAP CONTENT
15.1 Microsoft® Bing® Maps
This Section 15.1 applies only to your use of Bing® Maps® accessed by and/or linked through from any ASTARICKS application or service.
Microsoft® Bing® Maps are provided for your planning purposes only. Your use of this content is solely at your discretion and consideration must be given to external factors such as but are not limited to weather conditions, road closures, or other events that are beyond the control of ASTARICKS. These external factors may cause road conditions or routes to differ from the map results.
15.2 Google Maps™
This Section 15.2 applies only to your use of Google Maps™ accessed by and/or linked through from any ASTARICKS application or service.
Google Maps are provided for your planning purposes only. Your use of this content is solely at your discretion and consideration must be given to external factors such as but are not limited to weather conditions, road closures, or other events that are beyond the control of ASTARICKS. These external factors may cause road conditions or routes to differ from the map results.
15.3 ASTARICKS MD (Maps & Directions)
This Section 15.3 applies only to your use of ASTARICKS MD (Maps & Directions) accessed by and/or linked through from any ASTARICKS application or service.
ASTARICKS Maps and Directions are provided for your planning purposes only. Your use of this content is solely at your discretion and consideration must be given to external factors such as but are not limited to weather conditions, road closures, or other events that are beyond the control of ASTARICKS. These external factors may cause road conditions or routes to differ from the map results.
All content relating to ASTARICKS MD included on or linked to the Services are the copyright of ASTARICKS Pty Ltd. Except as expressly permitted by (a) these Terms, and (b) the Australian Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute, communicate to the public, perform or display the map data in any way (whether electronic or on paper) without the express written permission of ASTARICKS.
16. CONDITIONS OF YOUR ASTARICKS CARDS
Subject to these Terms, when you create one or more of Your ASTARICKS Card(s) on the Site, you agree to pay ASTARICKS' fees for each, assume full responsibility for Your Content and any products or professional services offered therein, and accept the following conditions for each of Your ASTARICKS Cards: Your ASTARICKS Cards can be viewed in your account. Your ASTARICKS Cards that you choose to share with Users either publicly or privately on the Services may not be immediately accessible or searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so ASTARICKS can't guarantee exact access durations. Where Your ASTARICKS Card appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in ASTARICKS' Help Pages. ASTARICKS can't guarantee that any particular Card will have any particular position in search and browse results.
Your ASTARICKS Cards will expire on the expiry date given at the time of purchase or renewal of the Card, after which time the Card will be de-listed and suspended from the Service, which may include the loss of ability to update the expired Card. Users cannot download or receive updates for expired Cards. Any of Your ASTARICKS Cards that have expired can be reactivated from within your Card management portal, upon which the Card will resume all Service functionality and retain specified access permissions and Card Assistants.
17. REFUSAL OF YOUR ASTARICKS CARD
We reserve the right but will not have an obligation to remove or refuse to distribute any of Your ASTARICKS Cards at any time without giving reasons (even if the listing has previously been listed by ASTARICKS).
18. FEES AND SERVICES
Joining ASTARICKS is free. We do charge fees for using other Services, including creating Your ASTARICKS Cards.
When you or your Card Assistant creates Your ASTARICKS Card(s) or use a Service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. If you don't agree to these changes, you must cancel and stop using the Services before the changes take place. If you cancel, your Service ends at the expiry of your last Card listing.
We may choose to temporarily change the fees for our Services for promotional events (for example, free listing days) or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site.
19. ACCESS CHARGES
You must provide at your own expense the equipment and Internet connections that you will need to access and use the Services. If you access the Services through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Services through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the Services through any wireless or other communication service.
Even if the service itself is free, you may still incur charges incidental to using the service, for example, charges for Internet access, text messaging, or other data transmission.
20. YOUR LEDGER
When you purchase any Services within your account, you will be able to access a ledger which records any purchases and payments made by you.
Use of the ledger (Your Ledger) is in accordance of Section 22.
All payments by you must be paid through a payment agent including PayPal™, and using a method (Payment Method) in accordance with Section 22.
All references on the Site or in these Terms to '$' and 'dollars' are to the virtual currency of ASTARICKS, known as the ASTARICKS Credit.
All prices on the Site are expressed in ASTARICKS Credits where one (1) ASTARICKS Credit is equal to one (1) Australian Dollar. Payment will be made in Australian currency and accordance with the rules of the applicable Payment Agent.
You are responsible for all costs of currency conversion from your preferred currency to the Australian Dollar, which in turn will be converted to ASTARICKS Credits at time of purchase at no cost to you.
You are responsible for any taxes that you are legally obligated to pay including paying ASTARICKS any applicable goods and service, value added, sales or use taxes or like taxes that are permitted to be collected from you by ASTARICKS under applicable Law.
If any taxes are required by law to be withheld on payments made by you to ASTARICKS, you may deduct such taxes from the amount owed ASTARICKS and pay them to the appropriate taxing authority; provided, however, that you shall promptly secure and deliver to ASTARICKS, at the applicable address set forth in Section 34 (to the attention of: Accounts Payable re: ASTARICKS), an official receipt for any such taxes withheld or other documents necessary to enable ASTARICKS to claim a foreign tax credit. You will make certain that any taxes withheld are minimized to the extent possible under applicable Law.
If your payment method (Section 22) fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) You acknowledge that you are solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to listing purchases.
ASTARICKS is not a licensed financial service provider, nor does it conduct the business of banking in Australia and ASTARICKS provides its payments services as a cashier using a payment processing service rather than a banking service as defined in the Banking Act 1959 (Cth).
ASTARICKS is not providing a financial product or service as defined in the Corporations Act 2001 (Cth) and nor is it acting as a fiduciary or an escrow with respect to your funds.
22. PAYMENT METHODS
Payment methods and payment terms accepted by ASTARICKS are as follows:
- Payments using the services of a Payment Agent (Section 22.1), or
- Payments from Your Ledger (Section 21.2).
22.1 Payments using the services of a Payment Agent
You can make a payment using the services of a Payment Agent at time of purchase for ASTARICKS Cards or any other Services.
22.2 Payments from Your Ledger
You can make a payment into Your Ledger by credit card or using the services of a Payment Agent.
At your direction, you authorise ASTARICKS to debit monies from Your Ledger, to pay for Your ASTARICKS Card(s) purchased or, where applicable, modified by you or Your Card Assistants.
Any monies that you deposit into Your Ledger must be used to pay for Your ASTARICKS Card(s) purchased or, where applicable, modified via the Services.
23. REFUND POLICIES
Unless otherwise provided by Law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense.
No refund is allowed for Your ASTARICKS Cards that can be previewed by the User (such as audio and graphics).
ASTARICKS will not refund any monies that you deposit into Your Ledger. Any monies that you deposit into Your Ledger that are not used for a period of 12-months will be forfeited to ASTARICKS.
However, if you make a new deposit into Your Ledger, before forfeiture of any unutilised previously made deposits, the whole of the balance of Your Ledger (comprising both the new deposit and the balance of the previous deposit) will be available for use by you for a period of 12-months from the date of the new deposit. Toto the extent that the balance of Your Ledger is not used after the expiration of 12-months, it will be forfeited to ASTARICKS.
ASTARICKS may, but is not obliged to, warn you about the forfeiture before it occurs.
The Payment Agent's standard terms and conditions regarding refunds, chargeback, and transactions will apply to you.
25. INTELLECTUAL PROPERTY
Nothing in these Terms is meant to assign any Intellectual Property Rights to you. All Intellectual Property Rights with regard to the Services, including the Intellectual Property Rights to the texts, images, design, photographs, software, audio-visualaudio-visual material and other Materials (excluding User Content) are vested in ASTARICKS Pty Ltd and/or are provided under license from third parties and are subject to Intellectual Property Rights owned by or licensed to such third parties. You may be held liable for any infringement of this Material.
All trademarks, brands and logos generally identified either with the symbols ™ or ® which are used on the Services are either owned by us or we have a licence to use them. Your access to our Services does not license you to use those marks in any commercial way without our prior written permission.
'ASTARICKS' and the ASTARICKS 'tree' device are trademarks of ASTARICKS Pty Ltd and are protected by Australian and international laws. For a current list of ASTARICKS Pty Ltd trademarks, as well as certain third party trademarks, please refer to the posted trademark information at http://www.astaricks.com.au/legal/trademarks.php.
You must not perform any acts which may infringe upon the Intellectual Property Rights of ASTARICKS. You must not register domain names or trademarks or use Google Adwords™ which are similar or identical to any object of which ASTARICKS has the Intellectual Property Rights.
You must not use any of ASTARICKS' trademarks:
- in or as the whole or part of your own trademarks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or Services (including the Site).
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ASTARICKS without our express written consent.
The Intellectual Property Rights in any comment, feedback, idea or suggestion ('Comments') that you provide to us through the Services is assigned to ASTARICKS Pty Ltd. If in future we use your Comments in promoting the Site or our Services or in any other way, we will not be liable for such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without attribution or compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and non-infringement of Intellectual Property Rights.
You must not remove, make illegible, hide or change any notices on the Site that relate to Intellectual Property Rights.
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ASTARICKS Legal Officer with the written information specified below. Please note that this procedure is exclusively for notifying ASTARICKS that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site, including the ASTARICKS code, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
ASTARICKS Pty Ltd Legal Officer for notice of claims of copyright infringement on its Sites can be reached as follows:
ASTARICKS Pty Ltd
PO Box 170
Devonport, TAS 7310
phone: (03) 64241100
ASTARICKS Pty Ltd
Level 1 / 21 Best Street
Devonport, TAS 7310
If you receive software from us as part of the Services, its use is governed in one of two ways: If you're presented with license terms that you must accept in order to use the software, those terms apply; if no license is presented to you, the terms of this contract apply. We reserve all other rights to the software.
We may automatically check your version of the software. We may also automatically download to your computer upgrades to the software to update, enhance, and further develop the Services.
Any software we provide is licensed, not sold. Unless we notify you otherwise, the software license ends when your use of the Services is cancelled or terminated. You must then uninstall the software, or we may disable it. You must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that's included in the Services, except and only to the extent that the applicable copyright Law expressly permits doing so.
The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end Users, and end use. Without limitation, you may not transfer the software or Services without U.S. government permission to anyone on U.S. government exclusion lists (see the Commerce Department's Lists to Check); the governments of Iran, Sudan, or Cuba; or prohibited members of the Cuban Communist Party. You represent and warrant that you're not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above. For more information, see the Exporting Microsoft Products website (http://www.microsoft.com/exporting).
28. CANCELLING THE SERVICE
You, not Your Card Assistants, may cancel the Services or your account at any time, with or without cause, upon notice to us by contacting the ASTARICKS Customer Support at . Your cancellation of the service won't alter your obligation to pay all charges made to your account.
We may change the Services or delete features at any time for any reason. A particular Service may be a pre-release version, beta for example, and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version.
We may cancel or suspend the Services, Your ASTARICKS Card(s) or your account, or remove any content from the Service at any time and for any reason. We may suspend the Services or your account immediately upon notice to you. Our reasons for cancellation may include that we stop providing the Services in your region or that you breach this contract, fail to log in to your account during a 90-day period, or don't pay fees that you owe to us or to our payment agents.
For cancelations, we will provide 14 day's advance notice to you in accordance with the notice provisions in Section 37 below. Upon suspension or cancellation your right to use the Services or your account (as applicable) stops right away.
If we cancel the Services or your account in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of the listing subscriptions remaining right before the cancellation. Cancellation of the Services or your account won't alter your obligation to pay all charges made to your account.
29. ASSIGNMENT AND TRANSFER
We may assign, transfer, or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Services.
30. HOW WE MAY CHANGE THE CONTRACT
If we amend these Terms, then we'll notify you before the change takes effect. We may give this notice by posting it on the Site or by any other reasonable means. If you don't agree to the change, we're not obligated to keep providing the Services, and you must cancel and stop using the Services before the change becomes effective. Otherwise, the new terms will apply to you.
Whilst we take all due care in providing the Services, to the maximum extent permitted by Law, we and our Affiliates, resellers, distributors, and vendors ('ASTARICKS Parties') give no express warranties, guarantees, or conditions which would otherwise be implied into these Terms, including merchantability, acceptable quality, fitness for a particular purpose, due care and skill and non-infringement, is, to the maximum extent permitted by Law, excluded.
To the maximum extent permitted by Law, we do not guarantee the Services will be uninterrupted, timely, secure, or error-free, or that data loss will not occur or that use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of any information.
We also take all due care in ensuring that our Services are free of any virus, worm, Trojan horse and/or malware, however to the maximum extent permitted by Law, we are not responsible for any damage to your computer system which arises in connection with your use of the Services or any linked service.
Neither ASTARICKS' resellers, distributors, vendors or agents have the authority to vary these Terms or create any warranty not provided for in these Terms.
32. LIMITATION OF LIABILITY
If any warranty, guarantee, condition or ASTARICKS limits its liability cannot be excluded, for breach of any Non-Excludable Condition (to the maximum extent permitted by Law the liability of ASTARICKS Parties on any legal basis arising out of or connected with the Site or the Services or any associated services, is in the case of goods, can be limited to:
- the replacement of the goods or the supply of equivalent goods;
- (b) the repair of the goods;
- (c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
- (d) the payment of the cost of having the goods repaired;
and in the case of services To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again;
at the option of ASTARICKS.
To the maximum extent permitted by Law, we accept no liability for any loss whatsoever including indirect or consequential loss or loss of profits, loss of revenue or loss of business opportunity suffered by you arising from Services we have supplied.
We do not participate in any way in the transactions between our Users.
The limitations and exclusions in these Terms apply to anything related to these Terms, the Site or the Services, including:
- Listing of ASTARICKS Cards, including delays, failures or errors in publishing listings.
- Loss of data.
- Content (including code) on third-party web sites, third-party programs, or third-party conduct accessed via the Services.
- Viruses or other disabling features that affect your access to or use of the Services.
- Incompatibility between the Services and other services, software, and hardware.
- Delays or failures you may have starting or completing transmissions or transactions in connection with the service in an accurate or timely manner.
- Claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation.
- Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of certain liability.
You understand and agree that any action or inaction by ASTARICKS or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, 'ASTARICKS Representatives') to prevent, restrict, redress or regulate User Content, or to implement other enforcement measures against any User Content, conduct or potential Terms violation is undertaken voluntarily and in good faith, and you expressly agree that neither ASTARICKS nor any ASTARICKS Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate User Content, or to implement other enforcement measures against any User Content, conduct or potential violation of the Terms.
You indemnify ASTARICKS and ASTARICKS Representatives (the 'Indemnified') against any, losses, damages, liability, costs and expenses including legal fees on an indemnity basis suffered or incurred by the Indemnified arising from your conduct or activities on the Site or using your account or through or related to the Services, the breach of these Terms and any negligent or unlawful act or omission of you in connection with the Services.
To the maximum extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of the Services.
These Terms are to be governed by and construed in accordance with the Laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these Terms will be heard in the courts of Victoria, Australia or the federal courts of Australia and you agree to submit to the exclusive jurisdiction of those Courts.
If any provision in these Terms is invalid under any Law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
This contract supersedes any prior contracts or statements (whether oral or written) regarding your use of the Services.
ASTARICKS Pty. Ltd.
PO Box 170
Devonport, TAS 7310
OUR WEB SITE:
36. ADDITIONAL TERMS
Please review our other policies, such as our pricing policy, posted on this Site. These policies, including all policies referenced in them, are part of these Terms and provide additional terms and conditions related to specific offerings within our Services. Each of our additional policies may be changed from time to time. Changes take effect when we post them on Services. When using particular offerings of our Services, you are subject to any posted policies or rules applicable to those offerings you use through the Services, which may be posted from time to time. If you don't agree with any changes you must stop using the Services.
37. CONSENT TO ELECTRONIC DISCLOSURES; NOTICE; EXPORT; WAIVER OF RIGHT TO VOID ONLINE PURCHASES; NEW ZEALAND STATUTORY LIABILITY.
These Terms are in electronic form. We have promised to send you certain information in connection with the Services and have the right to send you certain additional information. There may be other information regarding the Services that the Law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your account (including Your ASTARICKS Cards). We may provide required information to you:
- by e-mail at the e-mail address you specified when you signed up for your account;
- by providing you with access to a Services feature that will be designated in an e-mail notice sent to you at the time the information is available; or
- by access to a Services feature that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Services, you acknowledge that you have the necessary software and hardware to receive and retain these notices. If you do not consent to receive any notices electronically, you must stop using the Services. You may notify us as stated in the 'Support,' 'Feedback,' or 'Help' areas for the Services.
To the maximum extent permitted by applicable law, you waive your rights to void purchases under this contract pursuant to any Law governing distance selling or electronic or online contracts, as well as any right or obligation regarding prior information, subsequent confirmation, rights of withdrawal, or cooling-off periods.
The following provisions are only applicable to customers in New Zealand.
- Business. When we act as a 'supplier' (as defined in the Consumer Guarantees Act 1993 (NZ) ('CGA')) of a service or software, you confirm that such service or software provided by us under this contract is acquired for the purposes of a business (as that term is defined in the CGA) and that the CGA does not apply to the service or software supplied by ASTARICKS.
- Consumers. Subject to subsection (i) above, nothing in these Terms is otherwise intended to limit the rights of a 'consumer' (as defined in the CGA) and these Terms are to be modified to the extent necessary to give effect to this intention.
ASTARICKS Terms & Conditions - 27 April 2015
ASTARICKS Pty Ltd ABN 50 163 933 471