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Currency:
All charges are billed in $Australian and, if paying by Credit Card,
will incur the exchange rate used by the client's credit card at
the time of purchase. All $US prices cited are approximations only.
Petevents is not responsible for the accuracy of any third party
prices referred to on this website. Petevents reserves the right
to amend any of its prices without notice.
Payment: No website will be uploaded or email lists set up
until payment has been received. At its sole discretion, cancellation
of payment or late payment of annual hosting or service fees may
be interpreted by Petevents as an indication that the client no
longer wishes to utilise our services. In which case, any web pages,
graphics, forms or any other special functions created for the client
may be deleted from our server.
Fulfilment of Orders: Petevents will email customers if delays
in excess of 2 working days are expected. Petevents will use its
best endeavours to ensure that clients' web sites are produced as
quickly as possible from receipt of web site content. No time guarantees
are implied or offered.
Acceptable Content: Web site content is defined to include
web page text, graphics, banner advertisements and email content.
Petevents will not publish content that does not conform with acceptable
standards. This specifically includes Internet standards as administered
by the Australian Broadcasting Authority. Material and uses considered
unacceptable includes, but is not limited to, pornography, "hate"
material, promotion of illegal substances or activities, email "spamming",
transmission of "viruses" and computer "hacking". At its discretion,
Petevents will delete any web sites or email lists found infringing
this policy. No copies of infringing material will be retained and
no compensation whatsoever made to offending parties. Petevents
is not responsible for any content created by its clients. It is
the client's responsibility to ensure that the material contained
on their web sites does not infringe copyright or any other legislation.
Confidentiality:
Petevents will not disclose personally
identifiable information about you or your private communications
(i.e., content transmitted on private, non-public lists) to third
parties, unless Petevents believes such disclosure is reasonably
necessary to: (1) enable online payment of transactions with customes;
(2) comply with the law or legal process; (3) protect or defend
the rights or property of Petevents or others; (4) enforce this
Agreement; (5) respond to claims that the contents of any communications
violate the rights of others; or (6) as otherwise provided in the
Agreement.
Loss of Content: Petevents has implemented back up procedures
for the storage of all clients' web sites. However, should these
precautions fail, Petevents offers not warrantees and will not accept
liability for any costs associated with rebuilding clients' web
sites. Disruption of Services: Petevents will use its best endeavours
to ensure that clients' sites are permanently available online.
However, should services fail through hardware or software malfunction,
disruption occasioned by third party service providers, usage overload
or, for any other reason, then no liability will be accepted by
Petevents.
Limitations Of Liability: Under no circumstances, including,
without limitation, negligence, shall Petevents or its officers,
directors, employees, agents, or suppliers be liable for any direct,
indirect, incidental, special or consequential damages, resulting
from the use or the inability to use Petevents' service or for the
cost of procurement of substitute goods and services or resulting
from any goods or services purchased or obtained or messages received
or transactions entered into by means of or through Petevents' service,
or resulting from unauthorized access to or alteration of your transmissions
or data, or other information that is sent or received or not sent
or received, including but not limited to, damages for loss of profits,
use, data or other intangibles, even if Petevents has been advised
of the possibility of such damages.
You agree that Petevents is not liable for any failure to deliver,
hold or store email transmitted through the service. You agree that
Petevents does not endorse the subject matter of any of its lists
or any of the contents of communications transmitted through its
service. You also agree that Petevents shall not be responsible
or liable to you, or to anyone, for the statements or conduct of
any third party on or arising from use of Petevents' service.
If you are dissatisfied with Petevents' service, your exclusive
remedy is to discontinue use of the service. Some jurisdictions
do not allow the limitation or exclusion of liability for incidental
or consequential damages so some of the above may not apply to you.
Indemnification: You agree to indemnify, defend and hold
harmless Petevents, its officers, directors, employees, agents,
and suppliers, and their respective affiliates, officers, directors,
employees, and agents, from any claim, action, demand, or damage,
including reasonable attorney's fees, made by any third party arising
out of or related to your use of Petevents' service or your violation
of this Agreement, including without limitation the infringement
by you or any other user of your account, of any intellectual property
or other right of any person or entity.
Petevents may, at its sole discretion, assume the exclusive defense
and control of any matter subject to indemnification by you. The
assumption of such defense or control by Petevents, however, shall
not excuse any of your indemnity obligations.
Applicable Law: This Agreement shall be governed by and construed
in accordance with the laws of the State of New South Wales, Australia,
without giving effect to its conflict of laws provisions. You agree
that you will bring any claim or cause of action arising out of
your use of Petevents' service or this Agreement in the courts located
within the city of Sydney, New South Wales and you also agree to
submit to the personal and exclusive jurisdiction of those courts.
You agree that any claim or cause of action arising out of your
use of Petevents' service or this Agreement must be filed within
one year after such claim or cause of action arose or it shall be
forever barred, notwithstanding any statute of limitations or other
law to the contrary.
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