Forever Young Club - Loving Life Over 40

Terms Of Use

TERMS OF USE
Forever-Young-Club.com.au

YOU MUST BE AT LEAST 40 YEARS OLD TO REGISTER ON THE Forever-Young-Club.com.au WEBSITE AND USE THE WEBSITE AS A MEMBER. Please read these terms ("Terms") carefully. Forever Young Club Pty Ltd (ACN 118 960 517) (“Forever Young Club” or “we” or “us”) operates the Forever-Young-Club.com.au website ("Site") and provides services to members through the Site ("Services"). The Terms sets out the terms under which the Services are provided to you by us. By:

  • visiting and using the Site you agree to be bound by the Terms;
  • registering with us for the provision of the Services by us, you become a member ("Member"), and you agree to be bound by the Terms and those of any Code of Conduct which we may publish on the Site and/or email to you from time to time for as long as you continue to be a Member.

If you do not agree to the Terms, please do not register for the Services or otherwise access or use the Site. Membership of the Site is free and subject to the terms and conditions stipulated by us on the Site, including as part of the registration process/information. We reserve the right at any time to:

  • change the Terms;
  • change the Site, including eliminating or discontinuing any content on or feature of the Site or the Services; or
  • change any fees or charges for using the Site or providing the Services.

Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, by posting them on the Site or by emailing them to you. Your use of the Site after such notice will be deemed acceptance of the changes. Be sure to review the Terms periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of the Terms.

REGISTRATION. To become a Member you must register with us. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself as prompted by our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate your membership and your use of the Site. By becoming a Member, you represent and warrant that you are at least 40 years of age. However, we cannot guarantee that each Member is at least this required minimum age, and neither do we accept responsibility or liability for any content, communication or other use or access of the Site by persons under this minimum age in violation of the Terms. Either you or we may terminate your membership at any time, for any reason, effective upon sending written notice to the other party. All membership fees paid are non-refundable. We reserve the right to immediately suspend or terminate your access to the Site, without notice, upon any breach of the Terms by you that is brought to our attention. Your membership is for your sole and personal use. You may not authorise others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

USERNAME AND PASSWORD. As part of the registration process, you will be asked to select a username. We may refuse to grant any username that impersonates someone else, is or may be illegal, is or may be protected by trade mark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole, absolute and unfettered discretion. You are responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. ONLINE CONDUCT.

As a Member, you agree that:

  • you are solely responsible for the content or information you publish or display ("post") on the Site, or transmit to other Members; and
  • you will not post on the Site, or transmit to other Members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

The following is a non-exhaustive list of particular examples of content that is illegal and/or prohibited on the Site, being content that: promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; promotes information that is knowingly false or misleading; promotes illegal activities or conduct that is abusive, threatening, defamatory or libellous; provides representations of or information on anyone under the age of 18 in any manner, or solicits personal information from anyone under 18; provides material involving sex with animals; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses. Please notify us by sending an email to info@Forever-Young-Club.com.au of any material contained on the Site that you believe infringes these prohibitions. You will use the Site in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URLs, e-mail addresses, offensive anatomical or sexual references, or offensive, sexually suggestive or connotative language, or any confidential information of any third person, and you will not post any photographs or other images containing nudity.

We will, in our sole, absolute and unfettered discretion, investigate and take appropriate legal action against anyone who violates these prohibitions, including, without limitation, removing the offending communication from the Site and terminating the membership of the person responsible. We reserve the right, but have no obligation, to reject any application to register as a member, or any profile or photograph or image that does not comply with these prohibitions. You will not impersonate any person or entity. You will not "stalk" or otherwise harass any person. You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters, spam, junk email or other unsolicited mail/email to other Members. You will not encourage other members to terminate their membership, or to become members of any other web site similar to the Site. You will not state, suggest or imply that any statements you make are endorsed by us, without our specific prior written consent. You will not harvest or collect personal information about other Members (whether or not for commercial purposes), without their express consent. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. You will not post, distribute or reproduce in any way any copyright material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Site. You will not interfere with or disrupt our provision of the Services or the Site, or the servers or networks connected to the Site. You will not post, e-mail or otherwise transmit any material that contains software viruses or trojans or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Please notify us by sending an e-mail to info@Forever-Young-Club.com.au of any material contained on the Site that you believe infringes these rules. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site. You will not "frame" or "mirror" any part of the Site, without our prior written authorisation. You also shall not use metatags or code or other devices containing any reference to www.Forever-Young-Club.com.au or the Site in order to direct any person to any other website for any purpose. You will not modify, adapt, sub-license, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the Site or any software used on or for the Site, or cause others to do so. You are solely responsible for your interactions with other Members. We reserve the right but have no obligation to monitor disputes between you and other Members.

INDEMNITY BY MEMBER. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of the Terms; (ii) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

ONLINE CONTENT. Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective Member-author and not of Forever Young Club, and should not necessarily be relied upon. Such Members are solely responsible for such content. We do not guarantee the accuracy, completeness or usefulness of any information on the Site, and neither adopt nor endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Site or transmitted to Members. The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other websites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.

WARNING - PLEASE READ: It is possible that other Members or users (including unauthorised users, or "hackers") may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Site, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you may choose to disclose on the Site. Please carefully select the type of information that you post on the Site or release to others. We reserve the right but have no obligation to monitor the materials posted in any area of the Site. We shall have the right but not the obligation to remove any such material that violates, or is alleged to violate, the law or the Terms. Notwithstanding this right of ours, you remain solely responsible for the content of the materials you post in any area of the Site and your private email messages. E-mails sent between you and other Members that are not readily accessible to the general public will be treated as private by us to the extent required by applicable law and pursuant to our commercially reasonable efforts. We do not exclude any liability for death or personal injury due to our negligence. Please Note: The transmission of email addresses (either personal or commercial) or phone numbers between Premium (financial) members and standard members is not allowed on the Forever Young Club (www.forever-young-club.com.au) website. Communication between Premium (financial members and other Premium (financial) members is unlimited subject to other Terms of Use listed here.

PROPRIETARY RIGHTS. We own and retain other proprietary rights in the Services and the Site. The Services and the Site contain the copyright material, trademarks and other proprietary information and software of Forever Young Club and its licensors. In addition, other Members may post copyright information which has copyright protection, whether or not it is identified as being protected by copyright. Except for that information which is in the public domain and for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information. By posting information or content to any area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licenses of the foregoing including sub-licensing and authorising other Members to use such information and content during ordinary use of and access to the Site.

INFORMATION SUPPLIED BY MEMBER. We will respect your personal information and undertake to comply with all applicable data protection legislation in Australia and other jurisdictions in which we offer the Services, subject to the Privacy Policy of the Site. The personal information (including sensitive personal information) you provide to us will be stored on computer. You consent to us using this information to build up a profile of interests, preferences and browsing patterns. You also agree to uphold and maintain our Privacy Policy. You may read a full description of our Privacy Policy at http://www.Forever-Young-Club.com.au/privacy.php.

DISCLAIMER OF WARRANTY. WE PROVIDE THE SERVICES AND THE SITE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH US OR OUR REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES OR THE SITE WILL BE CORRECTED. LIMITATION OF LIABILITY. IN NO EVENT WILL WE BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE SITE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM OF YOUR MEMBERSHIP.

In addition, we disclaim all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorised users, or "hackers") of the Services. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability, so the above disclaimers of warranty and limitations of liability may not apply to you. We do not exclude any liability for death or personal injury due to our negligence. COPYRIGHT POLICY. We respect the intellectual property of others, and we ask our Members to do the same. If you believe that a copy of your work is available on the Site or the Services without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information by post (that is, not by email) at PO Box 6, South Melbourne BC, Victoria, Australia, 3205:

  • a description of the copyright work that you claim has been infringed;
  • details of where the infringing material is located on the Site;
  • your street address, telephone number and e-mail address;
  • a statement by you that you believe in good faith that the use of the work on the Site is not authorised by the copyright owner or any person entitled to act on their behalf or by law; and
  • an affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorised to act on their behalf.

COMPLAINTS. To resolve a complaint regarding the Services or the Site, you should contact Forever-Young-Club.com.au Customer Support at info@Forever-Young-Club.com.au.

GENERAL PROVISIONS. The Terms are governed by the law of the State of Victoria, Australia and you and we submit to the non-exclusive jurisdiction of the Victorian Courts in the event of any dispute regarding the Terms or the Services or the Site or any matter related thereto. The Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

The Terms, accepted by you upon registering for the Services, contains the entire agreement between you and us regarding the Services and the Site, including the Forever-Young-Club.com.au Privacy Policy. In the event of any conflict between the Privacy Policy and the Terms, the provisions of the Terms shall prevail. Unless otherwise explicitly stated, the Terms will survive termination of your membership. The Terms shall terminate immediately and without notice if you breach it and subject to the survival of all rights and reservations of Forever Young Club. If any of the Terms are held invalid, the remainder of the Terms shall continue in full force and effect.

You certify that the you have read and agree to be bound by the Terms.

Refunds for paid membership are given in our sole, absolute and unfettered discretion. Should you have any questions, please direct them in the first instance to the site administrator (details on the contact page).


MEMBERSHIP / ADVERTISING REFUND POLICY

Advertising agreement with www.forever-young-club.com.au (currently per the Rate Card on Advertise page) cannot be cancelled for the duration of subscription agreement period. 2 weeks prior to the subscription agreement period run out date the advertiser will be advised about the date of renewal, via e-mail. At this point in time and until the renewal date the advertiser may or may not renew the subscription.

Forever Young Club Pty Ltd does not accept any responsibilities for return and refund issues associated with our advertisers and / or “click through” affiliate companies. The advertisers and “click through” affiliates will fully indemnify Forever Young Club Pty Ltd from any refund and / or legal claims made on the advertisers and / or “click through” affiliate companies products and services, by the fact of their decision to advertise and have a link to their web-site in www.forever-young-club.com.au domain.