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FRAGMENT T&C Project PRIVATE Australian.

Company

1) Representation and Warranties

a) Representation

By using the Software or Services provided on this/these website(s), you expressly represent and
warrant that you are legally entitled and/or have capacity to enter this Agreement. If you reside in a
jurisdiction which restricts the use of the Services because of age, or restricts the ability to enter into
agreements such as this one due to age, you must comply to such age limits and you must not use the
Software and Services provided on this/these website(s). Without limiting the foregoing, the Software,
website content and Services is not available to children (persons under the age of 18/21). By using the
Software or Services, you represent and warrant that you are at least 18/21 years old. By using the
Software or the Services, you represent and warrant that you have the right, authority and capacity to
enter into this Agreement and are able to abide the terms and conditions of this Agreement. Your
participation in using the Service and/or Software is for your sole, personal use. You may not authorize
others to use your user status/account, and you may not assign or otherwise transfer your user account
to any other person or entity. When using the Software or Service you agree to comply with all
applicable laws of your home nation, the country, state and city in which you are present while using the
Software or Service.

b) No Warranties.

b.1 All information on this website(s), including its provided Services and Software, are provided to you
on an as is and as available basis, without warranties of any kind, either expressed or implied,
including, but not limited to, the implied warranties of merchantability and fitness for a particular
purpose, non-infringement, or other violations of rights.

b.2 The COMPANY/OWNER will not endorse, warrant or make any representations regarding the
accuracy, validity or reliability of, or the results of the use of, or otherwise respecting, the materials,
services or software on this website(s), or any sites linked to this website.

b.3 You expressly understand and agree that any material downloaded or otherwise obtained through
the use of the service and content of the website, is done at your own discretion and risk and that you
will be solely responsible for any damage to your computer system or loss of data that results from the
download of any such material.
b.4 It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information,
opinion, advice or other content available through this site. Please seek the advice of professionals, as
appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

b.5 If you access any kind financial or other delicate information, including prices and fees for
PRODUCTS/SERVICES/SOFTWARE on our site, in order to make any sort of investment decision or other
decision with respect to our company or our products and services, you should seek any additional
information, including professional advice, that would be required for you to make a sound, well-
informed and reasonable decision.

c) Warranty Disclaimer. (option 2)

NO WARRANTIES. THE COMPANY/OWNER OF THIS/THESE WEBSITE(S) HEREBY DISCLAIMS ALL


WARRANTIES. THE COMPANY/OWNER OF THIS/THESE WEBSITE(S) IS MAKING THE SITE AVAILABLE AS
IS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS
FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, THE COMPANY/OWNER OF THIS/THESE WEBSITE(S) EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. THE COMPANY/OWNER OF THIS/THESE WEBSITE(S) DOES NOT WARRANT THAT
THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NATIONWIDE DOES NOT ENDORSE AND IS NOT
RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A
LINKED WEB SITE.

2) Limitation of Liability

a) COMPANY/OWNER LIABILITIES. IN NO EVENT WILL THE COMPANY/OWNER ITS RESPECTIVE


SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE TO YOU FOR
ANY PUNITIVE, INDIRECT, DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE SERVICE OR LOST
OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED NATIONWIDE ABOUT THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES ARISING OUT OF OR IN ANY WAY
RELATED TO THE ACCESS, USE OR CONTENT OF THE SITE OR A LINKED WEB SITE WHETHER SUCH
CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.
b) Your/user/client Liability. The COMPANY/OWNER has the right to deny you access and use of
the website and its Content if you violate (as we may determine in its sole and absolute
discretion) any provision of the Terms and Conditions. The COMPANY/OWNER reserves the right
to seek all other remedies available at law and in equity. You agree, at your own expense, to
defend, indemnify and hold The COMPANY/OWNER harmless from any claim or demand,
including reasonable attorneys' fees, made by a third party in connection with or arising out of
your access to, or use of, the Website products, services, information or any of its Content in a
manner other than as expressly authorized by the Terms and Conditions, your breach of the
Terms and Conditions or your violation of applicable laws or any rights of any third party.

3) Ownership, title, property rights, licenses.

a) Content. The website contains a variety of: content service and other relating to the
COMPANY/OWNER and its products and services, and similar items from our licensors and other
third parties, including all layout, information, text, data, files, images, scripts, designs, graphics,
button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures,
videos, advertising copy, URLs, technology, software, interactive features, the look and feel of
the website, and the compilation, assembly, and arrangement of the materials of the website
and any and all copyrightable material (including source and object code). Also the website
contains trademarks, logos, trade names, service marks, and trade identities of various parties,
including those of the COMPANY/OWNER. Finally it contents other forms of intellectual
property.
b) Ownership. The website (including past, present, and future versions) and the content described
before are owned or controlled by the COMPANY/OWNER and our licensors and certain other
third parties. All right, title, and interest in and to the Content available via the website is the
property of the COMPANY/OWNER or our licensors or certain other third parties, and is
protected by (COUNTRY APPLICABLE LAWS) and international copyright, trademark, patent, or
other intellectual property rights and laws to the fullest extent possible. The COMPANY/OWNER
owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the
Content on the Website.
c) Limited License. Subject to your strict compliance with this User Agreement and the Additional
Terms and Conditions, the COMPANY/OWNER grants you a limited, non-exclusive, revocable,
non-assignable, personal, and non-transferable license to (i) download (temporary storage only),
display, view, use, play, and/or print one copy of the Content (excluding source and object code
in raw form or otherwise, other than as made available to access and use via a standard web
browser to enable display) on a personal computer, mobile phone or other wireless device, or
other Internet enabled device for your personal, non-commercial use only. The
COMPANY/OWNER also grants limited license to use certain Content that we may from time to
time make available on the Website explicitly for you for use as part of your User-Generated
Content but only for such purposes as may be explicitly stated at the time that the
COMPANY/OWNER has them made available on the Website; but we and our licensors and
certain other third parties, as the case may be, retain ownership of such Copyright and
trademarked Software and Services. The foregoing limited license does not give you any
ownership of, or any other intellectual property interest in, any Content, and may be
immediately suspended or terminated for any reason, in the COMPANY/OWNER sole discretion,
and without advance notice or liability. In some instances, we may permit you to have greater
access to and use of Content and/or other copyrighted material, subject to approval by the
COMPANY/OWNER.
d) Rights of Others. In using the website, you must respect the intellectual property and other
rights of the COMPANY/OWNER and others. Your unauthorized use of Content may violate
copyright, trademark, privacy, publicity, communications, and other laws, and any such use may
result in your personal liability, including potential criminal liability. The COMPANY/OWNER
respects the intellectual property rights of others. If you believe that your work has been
infringed by means of an improper posting or distribution of it via the website, then please see
Section XXXXXXX of the Terms and conditions of this website.

4) Term, variation, Right to Suspend or Terminate Services

This Agreement shall continue in perpetuity unless terminated in accordance with this Section You
consent that the COMPANY/OWNER may at any time suspend, vary or terminate this Agreement in its
sole discretion, including, without limitation, for breach by you of any of your representations,
warranties or obligations under this Agreement, or for inactivity by you with respect to use of the
Website. If The COMPANY/OWNER terminates services and rights of use of the website, the
COMPANY/OWNER shall notify you of such termination by simple e-mail, or in any other way permitted
by law. The COMPANY/OWNER reserves the right, in its sole discretion, to terminate any Accounts, posts
uploads, or other at any time, including, without limitation, deactivating your Membership Name and
Membership Password.

Termination of this Agreement shall not relieve you from any payment obligations that may have arisen
prior to such termination, or any other obligations pursuant to any other agreement that has not been
specifically terminated, whether for services, products, use or any rights alike. In order to enforce legal
procedure, some clauses of this Agreement may survive in case of termination, at the
COMPANY/OWNERs discretion.
In the event of termination, you comply that you will no longer use and/or access any of the content,
information, Services, Software related to this website and agreement.

5) Refunding, payment delay


a) No refunds and no credit.

No refunds or credits will be given by the COMPANY/OWNER of the website, for any of the fees
chargeable to the USER/CLIENT. Other than a limited, revocable, non-transferable license to use the
CONTENT/SOFTWARE/SERVICES on the website, you have no right in or title to such described
products/services. The COMPANY/OWNER has the absolute right to manage, regulate, control, modify,
and/or eliminate all offered services/merchandize/content of the website, as it/he sees fit in its sole
discretion, and the COMPANY/OWNER shall have no liability to you or anyone for the exercise of such
rights.

b) Payment Delay

a.1 Due amounts must be paid not later than XX days from the invoice date (the due date). In the event
of delays, interest shall be charged on the outstanding amount at XX.XX % per month from the due date.

a.2 A charge of XX,XX USD/AUD will be made for each reminder. Three reminders will be sent with a
minimum of eight days between them. If payment has not reached the COMPANY/OWNER following
these reminders, the COMPANY/OWNER reserves the right to submit the case for collection through
legal proceedings, in all extent of the law.

a.3 In the event of a payment delay of more than XX days from the due date, the COMPANY/OWNER
reserves the right to remove the ACCOUNT/SOFTWARE RIGHTS/SERVICES/PRODUCTS rights of the
user/member account from the website until such time as all amounts due, including accrued interest,
have been paid.

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