TERMS, CONDITIONS AND PRIVACY
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO "the Charity Non Profit Saving the planet - change humanity" and YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. By i) using this site, ii) purchasing any products or services from The Forgotten Arts INC (“COMPANY”) or iii) utilizing any of the products or services from COMPANY through this site, you are deemed to have agreed to these Terms and Conditions. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from COMPANY, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this site.
I. GENERAL TERMS & CONDITIONS
II. User Public Forum Submission/Participation Policy and Terms
III. Special Notes with regard to Product and Service Purchases
IV. Product and Service Purchase Agreement / Refund Policy
I. GENERAL TERMS & CONDITIONS
a) Scope of Terms and Conditions
These Terms and Conditions apply to your use of all of the website at www.theforgottenarts.com as well as any of its sub-domains and related domains such( collectively the “Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.
b) Restrictions on Use
The contents of this site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in any of the Site.
You agree not to do any of the following while using the Site:
harass, stalk or otherwise abuse another user;
transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
violate any applicable local, state, federal or international law, rule or regulation.
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send E – mail to email@example.com We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time.
THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, EITHER A) REPLACE THE SERVICES, PRODUCTS AND MATERIALS WITH SUCH SERVICES, PRODUCTS AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF PURCHASE OR B) REFUND OF THE MONIES PAID FOR THE PARTICULAR SERVICES, PRODUCTS AND MATERIALS IF APPLICABLE TO SITUATION.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF AUSTRALIAN A, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
We do not endorse, warrant or guarantee any products or services offered on the any third party site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
d) Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
e) No Personal Advice
The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilized or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
f) Parental Permission; Minimum Age Requirement
This Site is not directed to persons under the age of 13. The sale of any of the SiteÂ’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Site to be over 13 and all purchasers of COMPANY’s products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of COMPANY, you represent that you are at least 18 years of age.
g) MEMBERSHIP FEES
We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days’ prior written notice to you.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of COMPANY or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the COMPANY and protected by U.S. and international copyright laws.
The COMPANYs name and other COMPANY logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of COMPANY or its affiliates in the U.S. and/or other countries. COMPANYs trademarks and trade dress may not be used in connection with any product or service that is not COMPANYs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the COMPANY. All other trademarks not owned by the COMPANY or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the COMPANY or its affiliates.
j) CONTACTING US
The address and phone number for the COMPANY is:
The Forgotten Arts INC
49 Josefski Road
Agnes Water, Queensland
You can reach our customer support by emailing us at firstname.lastname@example.org
For cancellation of a subscription, email us at email@example.com
Privacy matters can addressed to us by emailing us at firstname.lastname@example.org
II. User Public Forum Submission/Participation Policy and Terms
As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. COMPANY has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
b) Your Participation/Contribution Requires Consideration:
Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the Company specifically notes otherwise (for example, in the rules for a particular forum).
c) Confidential Obligations:
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with COMPANY that requires you to maintain the confidentiality of certain material or information of COMPANY. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which COMPANY has required you to preserve as confidential.
d) Grant of Rights:
To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of COMPANY or other information you are required to preserve as confidential by COMPANY, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted COMPANY, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that COMPANY may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
e) No Obligation to Monitor:
COMPANY does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, COMPANY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in COMPANYs sole discretion.
f) No Obligation to Remove:
COMPANY is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that COMPANY shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with COMPANY with differing terms or COMPANY has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
g) No Endorsement:
COMPANY does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
h) Company’s Right to Act:
If COMPANY discovers communications which allegedly do not conform to any terms and conditions of this Site, COMPANY may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. COMPANY will have no liability or responsibility for performance or non-performance of such activities. COMPANY reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which COMPANY has absolutely no control.
III. Special Notes with regard to Product and Service Purchases
a) Shipping Methods
Products shipped by COMPANY, Inc. (“COMPANY”) may be shipped by UPS Standard or by any other method in the discretion of COMPANY. A shipping charge will be imposed.
Orders shipped overseas will have a 10% duty tax.
All orders require at least 24-72 hours processing time before shipping.
COMPANY does not process orders during weekends.
No deliveries will be made on Saturday or Sunday.
COMPANY does not guarantee same day shipping.
All orders shipped within CA will be charged sales tax.
Exact delivery times to any location cannot be guaranteed.
b) Sales Tax
Sales tax is only required for orders shipping within our resident states of business. Therefore all orders shipping within Australia will be charged applicable sales tax according to your area’s tax rate.
c) Duty Tax
Orders shipped overseas will have applicable duty tax applied. Exact delivery times overseas cannot be guaranteed.
d) Product listings
COMPANY strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labelled with an incorrect price due to some typographical, informational, technical or other error, COMPANY shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from COMPANY are provided as resources to customers looking for additional information and/or professional opinion. COMPANY does not assume responsibility for the claims and/or representations made on these or any other websites.
e) Product Revisions
COMPANY is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases COMPANY acts as a distributor for others. In the interest of our customers, COMPANY puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately, there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, colour deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, COMPANY relies on the manufacturer of a product to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, COMPANY will not be held responsible for product revision changes.
f) Cancellation Policy (Events)
Unless specifically stated on registration materials, the deadline to receive a refund for an individual event registration is 90 calendar days before the event.
Cancellations received after the stated deadline will not be eligible for a refund. Refunds will not be available for registrants who choose not to attend an event. Cancellations will be accepted in writing only (email to email@example.com ) and must be received by the stated cancellation deadline. All refund requests must be made by the attendee or credit card holder. Refund requests must include the name of the attendee and/or transaction/invoice number.
IV. Product and Service Purchase Agreement
By accepting delivery of any product or service delivered from COMPANY, viewing such products, or otherwise using such products or services, you (“Customer”) agree to be bound by the terms and conditions listed below. You and COMPANY agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and the COMPANY. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from COMPANY.
a) Product Issues
If you have problems or concerns regarding the Company or your purchases, you may contact us through to firstname.lastname@example.org
b) Refund/Return Policy
Because of the nature of our products, we do not offer a cancellation or refund for products and services purchased, unless expressly offered in writing through a product/services page, cart page or email, or expressly required by law.
c) WARRANTIES; ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL FAULTS”.
COMPANY MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY COMPANY ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COMPANY, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
d) LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES COMPANY’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
e) CUSTOMER AGREED TO RESTRICTIONS, OBLIGATIONS AND LIMITATIONS; CONFIDENTIALITY AND LIMITED USE:
Customer acknowledges that the products and services sold by COMPANY are the confidential and proprietary information and property of COMPANY. Customer hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the COMPANY by Customer, Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. A “Customer” includes anyone who receives the products or services of COMPANY, even if for free.
Customer agrees that no one may use these products and/or services in any manner without the written approval of COMPANY, except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event Customer disagrees with these terms, Customer must immediately discontinue using the products purchased from COMPANY. Anyone viewing or otherwise utilizing the products of COMPANY by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that COMPANY discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by COMPANY remains information that you have an obligation to protect and maintain as confidential.
Customer represents and warrants that he or she is at least 18 years old. In the event that Customer is under 18 years old, Customer will immediately discontinue using the products purchased from COMPANY.
e) TERMS AND CONDITIONS SPECIFIC TO MONTHLY SUBSCRIPTIONS.
By providing your credit card and other information, agreeing to this Terms and Conditions, or selecting the “Purchase” button (or similar such button for monthly subscription) displayed on Site, you are purchasing a monthly subscription and are agreeing to allow us to charge your credit card for amounts payable to us pursuant to this subscription.
You acknowledge and understand that you can cancel anytime by contacting customer support at email@example.com
f) GENERAL TERMS AND CONDITIONS
1. Payment Terms; Orders:
An order is not binding upon COMPANY until it is accepted; COMPANY must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment or provision of services. Customer can make payment by credit card, or some other method prearranged with COMPANY. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 2.5% per month or the highest rate allowed by law, whichever is greater.
2. Shipping Charges:
Your total cost for purchase of any product will include shipping and handling charges shown on the COMPANY invoice.
3. Title; Risk of Loss:
COMPANY will arrange for shipment of ordered product(s) to you, the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to you upon delivery to the carrier. COMPANY reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow COMPANY to sign appropriate documents on your behalf to permit COMPANY to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. COMPANY will advise you of estimated shipping dates, but COMPANY will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
4. Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between COMPANY and yourself shall be governed by the laws of the State of Queensland, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. COMPANY and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Queensland, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against COMPANY that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Australian law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
7. Entire Agreement:
Personal data protection
We would like to inform you that The Forgotten Arts INC and his team abide by the new Regulation (EU) 2016/679 of the European parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC (GDPR). In this connection we would to inform our users about:
Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Name/Company name: The Forgotten Arts INC
Address: 49 Josefski Road Agnes Water, QLD, Australia
The contact for our EU Representative:
Name/Company name: The Forgotten Arts INC
Address: 49 Josefski Road Agnes Water, QLD, Australia
What kind of personal data we collect
We may collect, use, store, transfer and processing (including cross-border processing) a variety of personal data, including: identity data: first name, last name, username, or similar identifier, title, date of birth and gender; contact data: email address and telephone numbers; technical data: internet protocol (IP) address, your login data, browser type and version, time zone and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website and our services; profile data: your username and password, preferences, feedback, and survey responses, the date and time of the registration; comments on our Success blog, as well as information on the date of the commentary and on the user’s (pseudonym) chosen by the data subject; usage data: information on how you use our website and services.
We also collect, use, and share aggregated data, such as statistical or demographic data, for any purpose. Aggregated data may be derived from your personal data, but is not considered personal data by law as this data does not reveal your identity, either directly or indirectly. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combining aggregated data with your personal data directly or indirectly identifies you, we treat the combined data as personal data and subject to the terms of this privacy notice.
How we collect personal data
We use different methods to collect data from and about you including through: direct interactions; you may give us your identity, contact data by filling in forms or by corresponding with us by post, phone, e-mail or through contact us or social media. This includes personal data you provide when you:
sign up to receive а Newsletter and/or eBook;
become a client/user on our website/app;
enroll in a group program;
purchase a home study program online;
engage with us on social media;
enter a business education, online courses and classes, promotion or survey;
leave comments or reviews on our products or services.
Purposes of processing
According to Art. 13 of GDPR, we inform our users about the purposes of processing personal data. The prime purpose of collecting your data is to provide users with services offered by our website/app, whether that’s using our website/app to find information, to contact us, to enter into training program, or for some other reason. No matter how you use our website, our aim is to allow you to interact with it as effortlessly as possible.
Other purposes for processing personal data are as follows: to provide users with our services and offer them our products; for subscription to our enterprise’s newsletters; for registration of new user; to manage the relationship between us and the user (notification of changes of these Terms and Conditions, requesting of feedback, etc.); to administrate and protect our business and the information on our website/app (including data analysis, testing, system maintenance, support, reporting and hosting of data); to use data analytics to improve our website, products and services, customer relationships and experience.
What are users’ rights
In accordance with GDPR requirements, every user who falls in the scope of personal data Regulation, has:
Right to receive a copy of your personal data held by the Company and access to personal data;
Right to rectification;
Right to erasure (‘right to be forgotten’);
Right to restriction of processing;
Right to data portability (the right to transmit personal data to another controller without hindrance from the controller to which the personal data have been provided);
Right to object;
Right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
You are not required to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances. These are our rights in accordance with GDPR.
Above-listed data subjects’ rights are subject to certain exceptions and exclusions, and we may be unable to comply in full with your request.
In case of users request to exercise any of the above listed rights, they are entitled to contact us on the following e-mail address: ………………………
We will provide the requested information within one month of receipt of the request. In rare cases, that period may be extended by two further months where necessary, taking into account the complexity and number of the requests. Of course, the users will be informed about that. If we have reasonable doubts concerning the identity of the natural person making the request, we may request the provision of additional information necessary to confirm the identity of the data subject.
Users have the right to file a complaint at any time with ………………..…… – the supervisory authority for data protection issues. However, we would appreciate the opportunity to resolve all concerns before you approach the authority, so please consider contacting us first.
Legal basis for the processing
Art. 6 (1) lit. b, c, d, f GDPR serve as legal basis to process users’ personal data. Art. 6 (1) lit. b GDPR – for the performance of a contract to which the user is party or in order to take steps at the request of the user prior to entering into a contract. If the processing of personal data is necessary for the performance of a contract to which the user is party, as is the case, for example, when processing operations are necessary for the supply of products or to provide any other service, the processing is based on Article 6 (1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Art. 6 (1) lit. c GDPR – for compliance with a legal obligation to which we are subject. Art. 6 (1) lit. d GDPR – to protect vital interests of the user or of another natural person. This would be the case, for example, if a visitor were injured in our Company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Article 6 (1) lit. f GDPR – this legal basis is used if processing is necessary for the purposes of the legitimate interests pursued by our Company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller or for direct marketing purposes (Recital 47 GDPR).
We do not rely on your consent as a legal basis to process your personal data. Your personal data may be processed for more than one lawful ground, depending on the specific purpose for its use. Please contact us at ……………….…….. if you require additional information.
If you choose not to provide the personal information we request, you can still visit most areas of our website but you may be unable to access certain options and services. You have the final decision on whether to proceed with any activity that requests personal information.
In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the services we can provide you if you don’t provide your personal data – for example, if you do not provide us with your personal data, you will not be able to enter into new training program. We will let you know how this will affect you at the time.
Period for which the personal data will be stored
Users’ personal data will be retained only as long as necessary to fulfill the purpose(s) for which it was collected, including legal, accounting, or reporting requirements. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
THE FORGOTTEN ARTS INC FUNDRAISING
RAFFLE, LOTTERY, FUNDRAISER,TICKET SALES
All our fundraising events are in line with Queensland gaming rules below.
THE FORGOTTEN ARTS GIVEAWAY RAFFLE/LOTTERY FUNDRAINSER
HOW WE DRAW
We down load a list of all those that signed up. We then allocate a random number to each entrant. Then we use an official random number generator to Choose the winner. All drawings will be done live on Facebook. At The Forgotten arts INC Facebook Page.
We will then Notify the winner by email.
Proof of purchase is necessary for Raffles where money is exchanged for entry.
All raffles must sell at least 50% of the tickets or the draw date will be postponed for an extra 90 Days.
The 7 Day 1770 Getaway draw is limited to 1500 Entries only.
ODDS OF WINNING DEPEND UPON THE NUMBER OF ENTRIES RECEIVED. SEE THE “ODDS OF WINNINGS” SECTION BELOW FOR MORE DETAIL. THIS RAFFLE/LOTTERY FUNDRAINSER IS OPEN ONLY TO “ENTRANTS” AS DEFINED IN PARAGRAPH 1 BELOW. THE ENTRY THERETO ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ENTRY IN THIS RAFFLE/LOTTERY FUNDRAINSER CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES AND THE TERMS & CONDITIONS AVAILABLE HERE., WHICH ARE INCORPORATED HEREIN BY REFERENCE. THIS RAFFLE/LOTTERY FUNDRAINSER IS NOT SPONSORED, ADMINISTERED, ENDORSED, OR AFFILIATED IN ANY WAY BY OR WITH FACEBOOK®, TWITTER®, INSTAGRAM® OR ANY OTHER THIRD PARTY.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW
NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER
PLEASE READ THESE RULES CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE RULES CONTAIN A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS SET FORTH BELOW
RAFFLE/LOTTERY FUNDRAINSER Name: THE FORGOTTEN ARTS INC (“RAFFLE/LOTTERY FUNDRAINSER”).
Sponsor (“Sponsor”), The Forgotten Arts Inc, 49, Josefski Rd, Agnes Water, QLD, 4677
Administrator (“Administrator”): The Forgotten Arts Inc, 49, Josefski Rd, Agnes Water, QLD, 4677
1. ENTRANT ELIGIBILITY. An “Entrant” is a person who (i) is a legal resident of one of is at least 18 years old and has reached the age of majority in the state in which he/she resides as of the time of entering the RAFFLE/LOTTERY FUNDRAINSER, (ii) possesses a valid driver’s license in the state of his or her legal residency complies with the Method of Entry & Entry Requirements in Section 4 below.
2. RAFFLE/LOTTERY FUNDRAINSER PERIOD. The RAFFLE/LOTTERY FUNDRAINSER Period begins at 12:01:00 a.m. AEST on the date stated in the emails and advertisements and ends at 11:59:59 p.m. on the date stated in the emails and advertisements
3. DISQUALIFICATION. Without limitation, an Entrant may be disqualified, at Sponsor’s sole discretion, if (i) Entrant has a pending arrest or conviction for a felony or misdemeanor involving moral turpitude, (ii) Entrant is subject to a restraining order; (iii) Entrant fails to meet the Method of Entry & Entry Requirements in Section 4; or (iv) Entrant violates or fails to comply with these Rules or the Sponsor’s Terms & Conditions located here.
4. METHOD OF ENTRY & ENTRY REQUIREMENTS. NO PURCHASE IS NECESSARY TO WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND UPON THE NUMBER OF ENTRIES RECEIVED. SEE BELOW FOR MORE DETAILS. Entry to the RAFFLE/LOTTERY FUNDRAINSER is limited as set forth below. There are three ways to enter the RAFFLE/LOTTERY FUNDRAINSER:
Option 1: A Person may enter their details for a free giveaway lottery/raffle is entitled to win. A person may Purchase as many of the limited tickets as they desire for a fundraising raffle
5. ODDS OF WINNING. ODDS OF WINNING DEPEND UPON THE NUMBER OF ENTRIES RECEIVED.
6. PRIZES. One prize per raffle will be awarded. Prize winners will be contacted in the following order: Grand Prize. There will be one grand prize winner. The grand prize, shall be referred to herein individually and collectively the “Prize(s),” and the grand prize winner, winner shall be referred to herein individually and collectively “Winner(s).” Sponsor will cause the grand prize to be delivered to the physical locations designated by the grand prize winner, (subject to Sponsor’s approval which shall not be unreasonably withheld) Delivery of the grand prize will take approximately 7 days after the Winner(s) have been announced. Prizes are subject to availability and may be changed or modified at Sponsor’s sole discretion. If requested, Winner(s) shall provide Sponsor with valid identification, valid driver’s license and/or a valid taxpayer identification number as a condition of the Prizes being awarded. The Prizes are not transferable, redeemable for cash or exchangeable for any other prize. Income taxes on prizes are solely the responsibility of the Winner. The retail value of the prize will be stated on emails and advertisements related to the drawing
7. SELECTION & NOTIFICATION OF WINNERS. Each Winner will be determined by random drawing on DATE PROVIDED, which will be conducted by Administrator. The Winner will be announced on or about ON THE DATE PROVIDED LIVE ON FACEBOOK. The Winner(s) will be contacted via the email addresses or other contact information furnished by Winner(s) when completing the entry form(s) or otherwise registering for the RAFFLE/LOTTERY FUNDRAINSER Winners will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, where lawful, a Publicity Release within five (5) calendar days of notification. Failure to timely return the documents and/or requested information, or the return of any prize or prize notification as being undeliverable, or if a Winner is determined by Administrator to be ineligible, Winner will forfeit the prize and an alternate winner will be selected and notified in the same manner as the original random drawing from eligible entries. Two alternate drawings will be held, after which the Prize will remain un-awarded. All decisions of Administrator are final. ODDS OF WINNING EACH PRIZE ARE DEPENDENT UPON NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
8. TAXES. The valuation of the prize stated above is based on reasonably available information provided to the Sponsor. The value of all Prizes awarded to a Winner will be reported for tax purposes as required by law. Each Winner is solely responsible for reporting and paying any and all applicable taxes.
10. LIMITATIONS OF LIABILITY, RELEASE & FORCE MAJEURE: Sponsor, Sponsor’s affiliates, Administrator, Administrator’s affiliates, and Google, YouTube, Facebook, Instagram and Twitter are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the RAFFLE/LOTTERY FUNDRAINSER, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; (ii) lost, late, delayed or intercepted transmissions; (iii) inaccessibility of any website, in whole or in part for any reason, or traffic congestions on the Internet; (iv) unauthorized human or non-human intervention of the operation of the RAFFLE/LOTTERY FUNDRAINSER, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (v) destruction of any aspect of the RAFFLE/LOTTERY FUNDRAINSER, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the RAFFLE/LOTTERY FUNDRAINSER; (vi) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Site; (vii) any personal injury, or property damage or losses of any kind which may be sustained to an Entrant, to an Entrant’s or any other person's computer equipment arising out of or relating to participation in the RAFFLE/LOTTERY FUNDRAINSER, use of any website or the download of any information from any website; (viii) any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of the RAFFLE/LOTTERY FUNDRAINSER, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws, and/or (ix) lost, stolen, or destroyed passports, airline tickets, hotel reservation documents, or any other items or materials required to claim, use or benefit from the Prize. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR ADMINISTRATOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
Sponsor, Sponsor’s affiliates, Administrator, Administrator’s affiliates, and Google, YouTube, Facebook, Instagram and Twitter, and their respective subsidiaries, affiliates, successors, assigns; and each of the foregoing’s respective past and present officers, directors, owners, shareholders, members, managers, partners, principals, employees, attorneys, insurers, agents and representatives (collectively "Released Parties") shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (i) by any wrongful, negligent, or unauthorized act or omission of Entrant or any third party; or (ii) by any cause, condition, or event beyond the control of the Released Parties, including, without limitation, any act of God, war, terrorism, riot, hurricane or fire.
BY ENTERING THE RAFFLE/LOTTERY FUNDRAINSER, ENTRANT IRREVOCABLY, FULLY AND UNCONDITIONALLY RELEASES, DISCHARGES AND HOLDS HARMLESS EACH RELEASED PARTY FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, LOSSES, EXPENSES, ATTORNEY’S FEES, DAMAGES AND OTHER LIABILITIES ARISING OUT OF OR RELATING TO ENTRANT’S PARTICIPATION IN THIS RAFFLE/LOTTERY FUNDRAINSER AND RAFFLE/LOTTERY FUNDRAINSER-RELATED ACTIVITIES (SUCH AS ACCEPTANCE, POSSESSION, USE, MISUSE OR NON-USE OF ANY PRIZE), INCLUDING, WITHOUT LIMITATION, AND TO THE FULLEST EXTENT PERMISSABLE BY APPLICABLE LAW, DEMANDS, CLAIMS AND CAUSES OF ACTION FOR NEGLIGENCE, DAMAGES TO PROPERTY, BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, LOSS OF BUSINESS, LOSS OF CONSORTIUM, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES AND ALL OTHER FORMS OF CLAIMS, LIABILITIES AND DAMAGES.
NOTICE TO CALIFORNIA RESIDENTS
By entering the RAFFLE/LOTTERY FUNDRAINSER, you acknowledge that you are familiar with the provisions of California Civil Code Section 1452, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
11. ARBITRATION; DISPUTE RESOLUTION: All disputes arising under or related to these Rules shall be governed by and interpreted pursuant to the laws of the State of Queensland without regard for conflicts of laws principles. All disputes arising under or relating to these Rules shall be submitted to and resolved by binding arbitration in Queensland Australia, and any award shall be confirmed exclusively in the courts situated in Queensland Australia. Entrant further irrevocably agrees and consents to the exclusive jurisdiction and venue of the courts situated in Queensland Australia for the purposes of reviewing, confirming or otherwise relating to any arbitration award, and Entrant hereby expressly waives jurisdiction and venue in any other forum for such purposes.
12. WAIVER OF JURY TRIAL. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
13. WINNERS LIST/OFFICIAL RULES: To obtain a copy of the Official Rules and Winners list, send a self-addressed stamped envelope to Sponsor at the address set forth above. All such requests must be received within six (6) weeks after the Winners have been announced.