AFRODOWNUNDER.COM.AU – TERMS OF SERVICE
Revised: 5 December 2019
1 – ACCEPTANCE OF TERMS
The website www.afrodownunder.com.au, which includes related social networking sites and pages (collectively, “Site”) along with the various content, features, other materials, products, and services offered or available in connection with the online store (“Services”) are operated by Afrodownunder (“we,” “us,” and “our”) and provided to buyers, sellers, and other visitors (each a “User”) accessing or interacting in any way with the Site. User agrees that by accessing the Site and Services, User has read, understood, and agrees to be bound by all of these Terms of Service. IF USER DOES NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN USER IS EXPRESSLY PROHIBITED FROM USING THE SITE OR SERVICES AND MUST DISCONTINUE USE IMMEDIATELY. Any new feature or tool added to the online store shall also be subject to this Terms of Service. Users can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is User’s responsibility to check this page periodically for changes. Continued use of or access to the Site following the posting of any changes constitutes acceptance of changes.
2 – USER WARRANTIES AND REPRESENTATIONS
User warrants and represents having the right and legal capacity to agree to and comply with these Terms of Service. User affirms being at least the age of majority in his or her state or province or residence, or that User is the age of majority in his or her state or province of residence and has given us consent to allow any of User’s minor dependents to use the site. User is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Further, User warrants and represents that he or she will not access the Site through automated or non-human means, whether through a bot, script, or otherwise. If User is using the Site on behalf of a third party, including but not limited to a business entity, user warrants full authority to act as an authorized representative of that third party and further authority to bind that third party to these Terms of Service.
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of the information contained within the online store or any other goods or services displayed on or offered through the Site. User understands and agrees that the content of this Site does not contain or constitute representations to be reasonably relied upon, and User agrees to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Service and the Site is provided for informational and advertising purposes only.
User may not use the Site or Services for any illegal or unauthorized purpose nor may User, in the use of the Services, violate any laws. Among unauthorized products are the following: Adult content, Adult themes in family content, Dangerous or derogatory content , Recreational drugs and drug-related content, Intoxicants of any sort, illegal drugs or products, pornography and graphic Adult content images or products, Alcohol-related content, Tobacco-related content, Gambling and games-related content, Hacking and cracking content, Products that offer compensation programs, Misrepresentative content, Shocking content, Weapon-related content, Content that enables dishonest behaviour, and Illegal content. Postings of any unauthorized products or content may result to immediate termination of account, lifetime ban for the accused individual and others associated with the accused individual from use of the Site and Services.
3 – ACCURACY AND TIMELINESS OF INFORMATION
Although we strive to provide accurate, reliable, and credible information on the Site, certain Services offered or available through the Site are subject to change and may not be accurate, complete or current. We are not responsible if information made available on this Site or related to the Services is not accurate, complete or current. The material on this Site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on information contained on this Site is at User’s own risk. This Site may contain certain historical information, which is not current and is provided for User reference only.
4 – MODIFICATIONS TO THE SITE AND PRICES
We reserve the right to change, modify, or remove the contents of this Site or any of the terms or conditions contained in these Terms of Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve our right to modify or discontinue all or part of the Services without notice at any time. For example, prices for products offered or available in the online store and other Services available in connection with the Site are subject to change without notice. We shall not be liable to User or any third party for any modification, price change, suspension or discontinuance of the Site or the Services. Any changes or modifications will be effective immediately upon posting the revised Terms of Service on the Site and User waives any right to receive a specific notice of each such change or modification. User’s continued use of the Site or Services after such posting means User accepts and agrees to be bound by the modified Terms of Service. We encourage User to periodically review these Terms of Service to stay informed of updates. User agrees to be responsible for monitoring changes to the Site.
5 – AVAILABILITY OF PRODUCTS/ RETURN POLICY
We have made every effort to display as accurately as possible the colours and images of products displayed on the Site. We cannot guarantee that any User’s electronic display of any colour or image will be accurate. Certain products may be available exclusively online through the Site. Such products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but not the obligation, to limit the sales of products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products offered or available on the Site. All descriptions of products or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site or Services will be corrected.
6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment card data, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify User by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. User agrees to provide current, complete and accurate purchase and account information for all purchases made via the Site. User further agrees to promptly update account and other information, including email address and payment card information and expiration dates, so that we can complete User transactions and contact Users as needed. For more detail, please review our Returns Policy.
7 – THIRD-PARTY LINKS
8 – ADVERTISERS
We accept advertisers and sponsors to display their advertisements and other information in certain areas of the Site such as, but not limited to, sidebar advertisements or banner advertisements. If User is an advertiser, User shall take full responsibility for any advertisements it places on the Site, and any services provided on the Site or products sold though those advertisements. We simply provide the space to place such advertisements, and has no other relationship with advertisers or sponsors. Advertisers represent and warrant that they possess all rights and authority to place advertisements on the Site including, but not limited to, intellectual property rights, publicity rights and contractual rights. Advertisers agree that all advertisements placed on the Site qualify as User Generated Content as defined herein and under law. Advertisers agree that such advertisements are subject to our Copyright Policy and may be taken down where appropriate. Advertisers agree that there shall be no refund or other compensation for takedown related issues.
9 – USER SUBMISSIONS
User acknowledges and agrees that any feedback, comments, questions, suggestions, ideas, or other information or materials regarding the Site or Services that are provided by User as a submission to us or any posting on the Site, shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any lawful purpose without acknowledgment or compensation to User or the business User represents. User hereby waives all moral rights to any such materials and User hereby warrants that any such materials are original with User or that User has the right to submit such materials. User agrees there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in User’s communications.
10 – USER GENERATED CONTENT
The Site includes Services in which User may create, post, share, or store content, messages, materials, data, text, documents, photos, email, name, likeness, video, advertisements, listings, information, profile and other content that User contributes to the Site (“User Generated Content”). User Generated Content will be viewable by other users of the Site and Services and through third party websites. User should only provide User Generated Content that is intended to be shared with others under these Terms of Service. User Generated Content belongs to the User who created the content, subject to our rights as otherwise set forth in these Terms of Service and User warrants and represents that User has the legal right to provide any User Generated Content to this Site. User gives us an irrevocable and non-exclusive license to use, reproduce, publish, distribute, modify, destroy, or otherwise use User Generated Content, including copies thereof, for the purposes of the Site or the Services. User agrees to waive all moral rights in User Generated Content, and User warrants that moral rights have not otherwise been asserted in the User Generated Content. User is solely responsible for its User Generated Content and the consequences of submitting, posting, or publishing User Generated Content to the Site. User expressly agrees to exonerate us from any and all responsibility and to refrain from any legal action against us regarding User Generated Content.
User is solely responsible for the use of the Site and Services by User and the business User represents and User agrees not to post, upload, transmit, distribute, store, create, or otherwise publish through the Site any of the following: (a) User Generated Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive inflammatory, fraudulent, deceptive or misleading; (b) User Generated Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law; (c) User Generated Content that may infringe on the rights of third parties, including any patent, trademark trade secret, copyright or other intellectual or proprietary right of any party; (d) unsolicited promotions, advertising, or solicitations; (e) private information of any third party; (f) viruses, corrupted data or other harmful, disruptive or destructive files; or (g) User Generated Content that, in our sole judgment, is objectionable or which restricts or inhibits any other user from using or enjoying the Site or Services, or which may expose us or other users of the Site or Services to any harm or liability of any type.
We take no responsibility and assume no liability for any User Generated Content posted, stored, or uploaded by User or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity User may encounter on the Site. Use of the Site and Services is at User’s own risk. Enforcement of the User Generated Content or conduct rules set forth in these Terms of Service is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any content that is prohibited by such rules.
We are not liable for any statement, representation, or User Generated Content provided by User in any area of the Site. Any use of the Site or Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of User’s rights to use the Site and Services. Although there is no obligation to do so, we reserve the right, in our absolute and sole discretion, to delete or edit any User Generated Content at any time and for any reason without notice. Any use of the Site or Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of User’s rights to use the Site and Services. We have no obligation to monitor the User Generated Content. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. Materials uploaded as User Generated Content may be subject to posted limitations on usage, reproduction and/or dissemination. User must adhere to such limitations if User is responsible for uploading the materials.
User should always use caution when giving out any personally identifiable information in any User Generated Content. We do not control or endorse the content, messages or information found in any User Generated Content and the views and opinions expressed by users of the Site and Services do not necessarily state or reflect our views; therefore, we specifically disclaim any liability with regard to the User Generated Content. We will maintain and store User Generated Content for as long as we operate the Site. In the event User wants us to delete any User Generated Content, User must notify us via email.
12 – OWNERSHIP OF SITE CONTENT
The Site and Services, which include but are not limited to the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like, as well as their selection and arrangement, are owned by us. The Site and Services are subject to copyright, trademark, and other intellectual property rights. We will protect its copyrights in the Site and Services to the fullest extent allowed under law. User agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes to the Site other than as allowed by the Terms of Service.
13 – COPYRIGHT POLICY
Unless otherwise indicated, the Site and Services are our proprietary property and protected by copyright laws. All rights are reserved. User many not use the Site or Services for anything else that is not allowed under these Terms of Service or the applicable copyright laws. Nothing in these Terms of Service will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We respect the intellectual property rights of others. In accordance with the applicable laws, we strive to remove any infringing martial from the Site. We have adopted a policy of terminating users of the Site or Services who are deemed to be repeat copyright infringers. Each User should be aware of and comply with applicable copyright laws. Any breach of these Terms of Service shall result in the immediate revocation of the license granted through these Terms of Service without notice to User. If User believes that anything on the Site infringes upon any copyright which User owns or controls, User may file a notification of such infringement with us by email to: firstname.lastname@example.org. If User knowingly misrepresents in the notification that the material is infringing, User will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our reliance on such misrepresentation in removing or disabling access to the material claimed to be infringing.
If User believes any content submitted by User, which was removed (or access was disabled), is not infringing, or that User is authorized by the copyright owner, the copyright owner’s agent, or by law, to post and use such content, then User may send a counter-notification to email@example.com as our designated copyright agent, containing the following information: User’s physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that User has a good faith belief the content was removed or disabled as a result of mistake or a misidentification of the content; and User’s name, address, telephone number, and e-mail address, a statement that User consents to the jurisdiction of the federal court in Melbourne, Australia and a statement that User will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that party that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
14 – TRADEMARKS
The Services and other materials contained in the Site include both our registered and unregistered trademarks, including its domain names, logos, slogans and designs, protected in accordance with the law. User may not use our marks, or any colourable imitation thereof, as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. In addition, the look and feel of the Site is our service mark, trademark and/or trade dress and may not be copied, imitated or used by User other than as specifically permitted by us. All other trademarks, service marks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or affiliation therewith, by us. User may browse the Site, download and print content if User keeps intact all copyright, proprietary statements and trademark notices.
15 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, Users are prohibited from using the Site or the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or Services or any related website, other websites, or the Internet. We reserve the right to terminate User access to the Site or Services or any related website for violating any of the prohibited uses.
16 – CHANGES, INTERRUPTIONS AND TERMINATION
We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Services any time and for any reason without notice to User or to any business. User agrees that we no liability whatsoever for any loss, damage, or inconvenience caused by User’s inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or Services. We may block, deny, terminate, suspend, or limit User’s access to or use of the Site or Services in our sole discretion, at any time or for any reason and without notice or liability. We have no responsibility or obligation to maintain the Services on the Site or to supply any corrections, updates, or releases in connection therewith.
17 – DISCLAIMER
THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS, AS AVAILABLE BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITE AND SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO USER. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR SERVICES AT ANY TIME. WE ARE NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, OR UNAUTHORIZED ACCESS TO ANYONE, OR ALTERATION THEREOF. WHILE WE ATTEMPT TO MAKE USER’S ACCESS AND USE OF THE SITE AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE, OR OTHER HARMFUL COMPONENTS. USER IS CAUTIONED TO USE THE SITE AND SERVICES AT USER’S OWN RISK.
18 – LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.
. No reproduction of the Site may be distributed for commercial gain.
19 – INDEMNIFICATION
Advertisers agree and warrant that they will defend, indemnify, and hold us harmless, including our employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys’ fees, that arise from: (a) Advertiser’s advertisements or any other information an advertiser provides or displays on the Site; (b) advertiser’s violation of these Terms of Service; (c) advertiser’s violation of the rights of a third party, including but not limited to intellectual property rights; (d) any claims that advertiser’s services or business caused damage to a third party; and (e) any false information disseminated through advertisements or any other information advertiser provides or displays on the Site. Advertiser agrees that its obligation to defend, indemnify, and hold us harmless will survive the termination or failure of these Terms of Service and advertiser’s use of the Site.
General User (customer, seller, or anyone using our site)
User agrees to defend, indemnify, and hold us harmless, including our employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys’ fees, which arise from: (a) User’s use of and access to the Site; (b) User’s violation of this Terms of Service; (c) User’s violation of the rights of a third party, including but not limited to intellectual property rights; (d) any claims that User Generated Content caused damage to a third party; (e) any negligent advice given to any other user with whom User connects through the Site; (f) any overt harmful act toward any other user with whom User connected through the Site; and (g) any act or omission by User related to the Site, Services, or User Generated Content.
20 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
21 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between the parties and govern use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the parties (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. USER AGREES THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES, OR THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. IF IT DOES NOT, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Victoria, Australia applicable to agreements made and to be entirely performed within the state of Victoria without regard to conflicts of laws principles.
23 – QUESTIONS AND COMMENTS
Questions, comments, concerns or reports of any violations regarding these Terms of Service should be sent to us by email at: firstname.lastname@example.org. We will try to address all issues to the best of our ability.