TERMS AND CONDITIONS
ADVERTISING BY THIRD PARTIES, LINKS TO THIRD PARTY WEBSITES AND OFFERS
The Network may contain hyperlinks and other pointers to Internet websites operated by third parties from time to time. These linked websites and the content thereof are not under the control of Afamasaga and Afamasaga is not responsible for the contents of any linked website or any hyperlink contained in a linked website. These hyperlinks are included on the Network as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Afamasaga. You link to and use any such website entirely at your own risk.
The Network may also contain third party advertisements which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Afamasaga. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. Afamasaga makes no warranty or representation, express or implied as to the terms and conditions of use adopted by, or contained in third party websites.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Afamasaga, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website. Unless expressly stated as being an offer by Afamasaga capable of acceptance by you, the User, nothing on the Network is to be taken or construed as an offer capable of acceptance.
DISCLAIMERS AND LIMITATION OF LIABILITY
The Trade Practices Act and similar state and territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Afamasaga of goods or services on the Network which cannot be excluded, restricted or modified ("Non-excludable Rights"). Afamasaga does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
a) all Content is provided "as is" and without warranties of any kind, either express or implied;
b) Afamasaga expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
c) Afamasaga does not warrant that the functions contained in any Content or your access to the Network will be uninterrupted or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Content to you are free of viruses or any other harmful components;
d) Afamasaga does not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and
e) you (and not Afamasaga) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of Afamasaga) will Afamasaga be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Network or any Content. You expressly acknowledge and agree that Afamasaga does not exert control over users of the Network or third party advertisers or other parties or websites referred to on the Network (including but not limited to individuals referred to on the Network as guests and/or experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, Afamasaga 's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Afamasaga to the following:
* in the case of services supplied or offered by Afamasaga:
(a) the supply of the services again; or
(b) the payment of the cost of having services supplied again; and
* in the case of goods supplied or offered by Afamasaga:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods, or
(d) the payment of the cost of having the goods repaired.
TERM AND TERMINATION
USER GENERATED MATERIAL AND LICENCE TO AFAMASAGA
By placing any information or other material on the Network (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Afamasaga a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
a) use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Afamasaga and any other party authorised by Afamasaga all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Afamasaga, you will execute and deliver to Afamasaga such instruments and take such other actions as may be required to carry out this grant of license and waiver.
USERS INDEMNITY TO AFAMASAGA
APPLICATION OF LAW AND JURISDICTION
This agreement will be governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland.
If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
ACCESSING CONTENT ON MOBILE PHONES AND USE OF GUIOPERA.MOBI SITES
Afamasaga and in particular the "GUIopera.mobi" websites offers a selection of content which users may access, view and download on their mobile phones.
In these terms and conditions, the AFAMASAGA.NET network of websites and the term "Network" includes (without limitation) the following websites and any other website that Afamasaga may determine from time to time is part of its "Network":
Downloadable or Viewable content derived from www.etfiction.com or a sub domain of www.etfiction.com, including content found at the following domains:
etfiction | GUIOPERA | afamasaga.net