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Terms & Conditions... |
Terms and
conditions of use of astrofonix.com.These terms and conditions
("the Terms") govern your use of this web site (the "web site")
owned and operated by astrofonix.com.Please read through the
Terms. If you do not agree with the Terms, do not use this web
site. If you do use the web site, your conduct indicates that
you agree to be bound by the Terms.
Astrofonix
Disclaimer
IN NO EVENT SHALL ASTROFONIX
OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS
PROFITS OR SPECIAL DAMAGES, EVEN IF ASTROFONIX OR ITS SUPPLIERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Copyright notices
Unless otherwise specified the copyright in the contents of all the pages in
this web site are owned or licensed to Astrofonix.The user may not otherwise
copy, reproduce, redistribute, download, adapt or alter any material contained
on this website without the express written permission from Astrofonix.
Exclusion of Astrofonix
Liability
The information contained in the material in this web site is only for
information purposes. Astrofonix makes no warranties or representations as to
its accuracy or reliability. The material on this web site does not constitute
advice and you should not rely on any material in this web site to make (or
refrain from making) any decision or take (or refrain from taking) any action.
Astrofonix does not make any warranty or representation as to the accuracy or
fitness for purpose of any material on this web site or the reliability of the
access to this web site.
In no event do we accept liability of any description, including liability
for negligence, for any damages or losses (including, without limitation, loss
of business, revenue, profits, or consequential loss) whatsoever resulting from
performance of, use of or inability to use this web site.
While Astrofonix endeavours to ensure that this Website is normally available
24 hours a day, we shall not be liable if for any reason this Website is
unavailable at any time or for any period. Access to this Website may be
suspended temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond Astrofonix's control.
Astrofonix makes no warranty that this web site (or web sites which are
linked to this web site) is free from computer viruses or any other malicious or
impairing computer program.
The pages contained in this web site may contain technical inaccuracies and
typographical errors.The information in these pages may be updated from time to
time and may at times be out of date.
We accept no responsibility for keeping the information in these pages up to
date or liability for any failure to do so.
All users are advised to check advert details carefully before entering into any
agreements of any kind. If in doubt, please seek legal advice.
- Astrofonix acts only as a publisher of information provided by third
parties.
- Astrofonix is an introduction and matching service for buyers and
sellers.
- Astrofonix takes no responsibility for the accuracy of the descriptions
supplied by advertisers, mistakes, omissions or misprints.
- Astrofonix does not act as auctioneer or seller of any goods in relation
to any sale and Astrofonix will not and cannot procure for any seller a
binding contract with any buyer.
- Astrofonix does not vet, authorise or endorse the reliability, accuracy
or completeness of any information provided on the Astrofonix Website or any
site linked to the Astrofonix Website, nor does it vet, authorise or endorse
any sale, seller or buyer.
- Astrofonix does not and cannot warrant the identity or the bona fides of
any buyer or seller.
- Astrofonix
does not and cannot provide any representation or warranty in
relation to any goods posted on the Astrofonix
Website including (but not limited to) any representation or
warranty that the goods are of merchantable quality, fit for the purpose
intended, safe for the purpose intended, are as described by the seller or
are owned by the seller.
- Astrofonix will not be liable for any lost profit or any direct,
indirect, incidental, special or consequential loss or damage (including but
not limited to economic damages) incurred by you arising out of or otherwise
in connection with your use of the website or our services.
- Astrofonix does not and cannot guarantee continuous, uninterrupted
access to our services and to this site. While we endeavour to ensure
availability of and access to the Astrofonix site, operation of this site
and our services may be interfered with by numerous factors, including by
factors outside of our control.
Third party material and advertisements
This web site contains material (including but not
limited to advertisements) submitted and created by third
parties. All third party material is published by Astrofonix
in good faith. Astrofonix do not accept any responsibility
for the accuracy of such material (nor is any warranty
expressed or implied by publication) and Astrofonix
specifically disclaims and excludes all liability to any
person (be they advertiser, reader or user) for any loss or
damage of any nature whatsoever or however arising from any
error, omission or inaccuracy in such material and
Astrofonix takes no responsibility for such material.
In the event that you purchase or obtain any goods or
services from a third party then your acquisition of such
goods or services will be in accordance with the third
party's terms and conditions and Astrofonix will have no
liability to you in respect of the same.
This web site also contains links to other web sites
which are not under the control of and are not maintained by
Astrofonix. Astrofonix is not responsible for the content of
those sites. Astrofonix provides
these links for your convenience only but does not
necessarily endorse the material on these sites.
All product names mentioned herein are the trademarks of
their respective owners. Some documents may contain other proprietary
notices and copyright information relating to that document or organisation.
You agree that Astrofonix has not conferred by implication, or otherwise,
any licence or right under any patent, trademark or copyright (except as
expressly provided) of Astrofonix or of any
third party.
Your conduct
You are prohibited from posting or transmitting to or
from this Website any material:
(a) that is threatening, defamatory,
obscene, indecent, seditious, offensive, pornographic,
abusive, liable to incite racial hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous, in
breach of confidence, in breach of privacy or which may
cause annoyance or inconvenience; or
(b) for which you have not obtained all
necessary licences and/or approvals; or
(c) which constitutes or encourages
conduct that would be considered a criminal offence,
give rise to civil liability, or otherwise be contrary
to the law of or infringe the rights of any third party,
in any country in the world; or
(d) which is technically harmful
(including, without limitation, computer viruses, logic
bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful
data).
You may not misuse the Website (including, without
limitation, by hacking).
Astrofonix shall fully co-operate with any law enforcement
authorities or court order requesting or directing the
Company to disclose the identity or locate anyone posting
any material in breach of these Terms.
Safeguards and Security
No data transmission over the internet can be entirely
secure, and therefore we cannot guarantee the security of
your personal information and/or use of our sites. However
we use our reasonable endeavours to protect the security of
your personal information from unauthorised access or use by
using Secure Sockets Layer 128-bit encryption when
purchasing featured ad options.
Conducting a Sale
It is the sole responsibility of a Buyer and Seller to enter into
a contract for the sale and purchase of goods posted on the
Astrofonix
website and to arrange payment and delivery of such goods.
When conducting a sale ensure that all Data and Materials posted
on the
Astrofonix website in relation to the sale:
- Fully and accurately described the goods the subject of the
Sale;
- Does not infringe the intellectual property rights of any
person;
- Is not misleading or deceptive in the context of the sale;
- Is not obscene, offensive, upsetting, defamatory, in any way
unsuitable for people under the age of 18 years or contrary to
any law whatsoever;
- Does not contain any viruses, Trojan horses, worms, time bombs
or any other software program or routine designed or capable of
interfering with the operation of the sale or the
Astrofonix
Website.
- Do not post on the
Astrofonix Website for sale any goods which:
- You do not have title to sell e.g. stolen goods, someone
else's goods;
- Are counterfeit;
- The offer or sale of which would be contrary to any law; or
- Any item if the sale of it via the site constitutes an
illegal act including a breach of any legislation, rule,
regulation or binding direction of any Government or
semi-Government authority.
Delivery of Goods
Delivery, payment and insurance of the goods the subject of a
successful sale is the sole responsibility of the buyer and seller.
What happens if there is a dispute?
If there is a dispute between a buyer and a seller,
Astrofonix will assist where possible in helping
bring about resolution.
Astrofonix will not determine the outcome of the
dispute. The disputants must resolve the dispute between
themselves.
Users Conduct
The following conduct is prohibited:
- Violation of International, National, State or Local Laws or
Regulations or transmitting material that causes or could cause
offence, danger, damage, liability, claims or criminal conduct.
- Supplying unlawful, false, libellous, defamatory, fraudulent,
deceptive, erroneous, intimidating or objectionable information
of any kind.
- Listing of Prohibited Items.
- Fraudulent, counterfeit or unlawful activities in relation to
the site or a listing.
- Falsifying the identity of the User or the source of any
transmission.
- Harvesting information for solicitation, commercial or any
other purposes.
- Patent, Design, Trade Secrets, Copyright, Rights of Publicity,
Proprietary Rights or Trademark infringement.
- The use of any software, device, routine or system to
interfere or gain unauthorized access to the site, intercept,
overload, expropriate, damage, disrupt transmissions to or from
the site or pass on viruses to the site. The same applies to
associated computer systems or networks.
- Linking to items that infringe this agreement, listing with an
email address or URL in the listing title, linking to items that
you have no right to link to, linking to items that are listed
for auction or sale elsewhere or linking to items that are
better priced than the bid amount.
- Transmitting, modifying, copying, reproducing, transferring,
selling, distributing or exploiting any of the content of the
site whether manually, automatically with a robot, spider or
other device
The User agrees
- Not to engage in any prohibited conduct; and
- To co-operate with
Astrofonix in any inquiry into any alleged prohibited
conduct;
Termination or Suspension of an item
You acknowledge that
Astrofonix may, in its absolute discretion and
without liability, cease or suspend, any item if, in the absolute
opinion of
Astrofonix:
- The item is unlawful;
- The seller is in breach of this agreement.
In the event of a User engaging in
any prohibited conduct:
Creating a Link to
Astrofonix
We have no objection to you creating a link to
Astrofonix provided it
- does not infringe the intellectual property rights of any
person;
- is not misleading or deceptive in it's context;
- s not obscene, offensive, upsetting, defamatory, or in any way
unsuitable for people under the age of 18 years or contrary to
any law whatsoever; and the operation of the sale or the
Astrofonix.
- does not contain viruses, trojan horses, worms, time bombs or
any other software program or routine designed or capable of
interfering with the website.
-
Astrofonix does not permit members to create links
from our site to any other without written permission.
Entire Agreement
These terms and conditions constitute the entire agreement between you
and Astrofonix relating to the subject matter herein.
The Terms and Conditions are effective as of 3rd of October,2006 and may
be altered without notice. |
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