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Persons who access information on the website of WBI International Pty Ltd ("WBI website") agree to the following terms and conditions. This agreement contains; PART 1 - Usage Terms and Conditions PART 2 - BICD Terms of Service
PART 1 - USAGE TERMS & CONDITIONS No offer, no obligation All information on this website is provided as a convenience to the user. Neither the authors and/or their partners or affiliates (nor their respective directors, affiliates or employees), accept liability, direct or indirect for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any information. Prices displayed for products or services are current at the time of issue, but may change at any time and are subject to availability. The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is accessed by third parties without our consent. Furthermore, WBI disclaims all liability for any tampering with the Internet user's computer system by unauthorized parties. In this regard, WBI expressly reminds of the risk of viruses, and the possibility of targeted attacks by hackers. In order to combat viruses, it is recommended that the most recent browser versions be used, and that anti-virus software be installed and continually updated. As a rule, the opening of any e-mail from an unknown source as well as any unexpected attachment to an e-mail message should be avoided. Calculations Copyright Investment Risks Disclosure The future performance of an investment cannot be deduced from previous market value, i.e. the value of an investment may fall as well as rise. An investment may also lose value due to changes in rates of foreign exchange. WBI does not imply that any capital invested in global investments will maintain or increase in value. Jurisdiction Indemnification
IN NO EVENT SHALL WBI OR ANY OF THEIR PARTNERS OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Trade Practices Act and similar State and Territory Legislation in Australia may infer rights and remedies in relation to the provision by WBI of it's products and services which cannot be excluded, restricted or modified ("Non-excludable Rights"). WBI do 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: 1. All content is provided "as is" and without warranties of any kind, either express or implied. 2. WBI and its suppliers expressly disclaim all warranties of any kind excluding but not limited to implied warranties of merchantability and fitness for a particular purpose, WBI do not warrant that the function of, or access to, this website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores the website are free of viruses or any other harmful components. 3. WBI does not warrant or make any representation regarding access to, or the results of access to this website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and 4. The user assumes 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 WBI) will WBI or its affiliates 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 to this website or any content. The user expressly acknowledges and agrees that WBI does not exert control over subscribers or visitors to this website 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, WBI's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of WBI to the following: In the case of services supplied or offered by WBI: 1. the supply of the services again, or 2. the payment of the cost of having services supplied again: And in the case of goods supplied or offered by Quartile:
Disclaimer Of Warranty You understand and agree that the service is provided on an "as is" and "as available" basis. You expressly agree that use of this service is at your sole risk. To the fullest extent permissible under the applicable law, WBI and its affiliates disclaim all warranties of any kind, express or implied, including but not limited to, warranties of title, or implied warranties of merchantibility or fitness for a particular purpose. Without limiting the foregoing, neither WBI nor any of its affiliates, nor any of their officers, directors, licensors, employees or representatives represent or warrant (i) that the service, including its content, will meet your requirements or be accurate, complete, reliable, or error free; (ii) that the service will always be available or will be uninterrupted, accessible, timely, or secure; (iii) that any defects will be corrected, or that the service will be free from viruses, "worms," "trojan horses" or other harmful properties; (iv) the accuracy, reliability, timeliness, or completeness of any review, recommendation, or other material published or accessible on or through the service or the site; (v) the availability for sale, or the reliability or quality of any products discussed, reviewed by users or referenced using the service; (vi) any implied warranty arising from course of dealing or usage of trade; and (vii) that the service is non-infringing. WBI and its affiliates hereby disclaim, and you hereby waive and release WBI and its affiliates from, any and all obligations, liabilities, rights, claims or remedies in tort arising out or in connection with this agreement, the service or any information or materials obtained, whether or not arising from the negligence (active, passive or imputed) of WBI or its affiliates. If you purchase a product or service reviewed by another user of the service or otherwise as a result of using the service or any review, and a dispute arises between you and a 3rd party, you release WBI and its affiliates, and any of its or their officers, directors, licensors, employees or representatives, from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You acknowledge and agree that any software or other content downloaded or otherwise obtained through the use of the service 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 such content.
Entire Agreement No Waiver Unsubscribe PART 2 - IICD TERMS OF SERVICE Definitions In this Agreement, "you", "your" or "user/s" means any person or entity using the Service. "The Service" refers to the International Investment Community Database (hereafter referred to as "IICD"). "Company" means WBI International Pty Ltd (ACN 106 528 652) or related bodies corporate and subsidiaries of WBI International Pty Ltd and all employees, consultants, and contractors, and their respective bodies corporate and subsidiaries. Unless otherwise stated, "IICD", "WBI International", "WBI", "the company", "we" or "our" will refer collectively to WBI International Pty Ltd (ACN 106 528 652) and its subsidiaries. "WBI" means WBI International Pty Ltd. "Information" means all information in any material, form or medium that is;
"Program" and "Seminar" means the public seminar and workshop presented by the Company to the Attendee and other Participants "Presenter" means the primary and any secondary or assisting presenters of information presented by the Company. IICD Usage Overview The following are the terms and conditions for use of the International Investment Community Database (hereafter referred to as "IICD") service including present and future features offered by IICD and other services which may be offered from time to time by WBI for use with your IICD account (each feature individually and collectively referred to as the "Service"). Please read them carefully and if you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services. You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the IICD or WBI. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an IICD user. This Service is provided to individuals who are at least 18 years old. As a condition of your use of the Service, you affirm to WBI, that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Service Formats: Web-based & Investor Kit The IICD operates in two formats, a paper-based Kit format and an online Web site. When utilising the web site service, each user agrees they are solely responsible for their communications and transmissions through IICD. Termination of Service By having an account with IICD, you agree to be bound by the terms outlined in this Service Agreement. WBI may, at its sole discretion, immediately terminate service without cause or notice, should user's conduct fail to conform to these conditions. Purpose of the Service The purpose of the service is to allow private individuals and investors to share information regarding their personal investing experiences. It is designed to be a member-operated community, serving the interests of the members. The providers of the Service do not seek to influence the community but rather simply to provide a forum that facilitates some prime investment objectives, that is to share information allowing members to make better investment decisions. Non-Solicitation and Investment Advice Disclaimer WBI, as operator of the IICD service, discloses that it is not licensed nor registered in any state nor by any federal agency as a securities dealer or broker, and all information provided by the company is not related to, involve, nor constitute, security trading. Therefore, presentation of this information is not intended to be, nor is it to be construed as, an offer to sell securities, anything pertaining to a Security Offering, or a solicitation of any offer concerning the information described. The details contained herein are for informational purposes only, are subject to possible error, change, and/or amendment, and are provided specifically as a service at the request of the recipient. The information has not been approved nor disapproved by the Securities and Exchange Commission or any State Agency, nor has such Commission nor any State Agency passed upon the merits of this information or the accuracy or completeness of such. WBI does not guarantee the accuracy or completeness of such information, nor does it assume any of the recipient's business risk, nor shall it be liable in tort, contract or otherwise, for any loss, damage and/or injury from the use of this information, even if caused by negligence. The purpose of the service is only to provide information and does not purport to give investment advice; we strongly suggest that investors consult a financial advisor prior to making any investment decision. The information provided does not constitute an invitation to provide service(s) in any jurisdiction, to any person to whom it is unlawful to make such an offer. Accordingly, the provision of the service does not constitute an offer to transact business in any jurisdiction where such an offer would be considered unlawful. Indemnity of Members and their Submissions Each subscriber to the IICD service or service member acknowledges that the nature of the information provided is for informational purposes only. All members acknowledge therefore that this therefore implies that all communications by members on this site or using this service are the views of the submitting member, and may be based upon his or her personal experiences only. Each member acknowledges that other members’ submissions may be intentionally misleading and that therefore the information is not and cannot be accepted as factual. All members submitting information are not required to check the validity of the information they submit, and are invited to submit information "as is", correct to the best of their knowledge. This therefore indemnifies the company and all members from being liable for the intentional and unintentional submission of false or misleading information. This proviso has been necessary to ensure the safety of ‘free-speaking’ discussions and submissions of community members. Personal usage only The Service is provided to individuals only and for personal use only. Any unauthorised commercial use of the Service, or the resale of its services, is expressly prohibited. Electronic Service Usage When using the Internet-based IICD product to send and receive certain types of communications, you agree to be bound by Internet regulations, policies and procedures. You agree to comply with all applicable local, state, national and international laws and regulations. You also agree to not use IICD for illegal purposes; to not interfere or disrupt networks connected to this service; and to comply with all the rules, policies and procedures connected to this service. You agree not to transmit, or allow others to use your account to transmit, through IICD, any objectionable material including, but not limited to, unlawful or harassing, libellous, abusive, threatening, harmful, vulgar or obscene material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate items. WBI will NOT allow URL submissions from ADULT web sites or any other web site that is considered offensive to the general public. You agree to not interfere with another member's use and enjoyment of IICD or another similar service. Reproduction of Information Any reproduction and/or publication of the information provided by WBI as part of the service is forbidden, excluding information that which is already in the public domain. Account Termination / Spamming WBI may terminate your access to the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. You agree not to harvest or otherwise collect information about others, including email addresses, without their consent. You will not use IICD to send junk email, spam, chain letters or use email lists that contain any person that has not specifically agreed to be included on that list. WBI has a zero tolerance for spamming. Any substantiated offence may result in your immediate expulsion from the IICD Investment Community and /or program. Confidentiality of your Member ID and password You are entirely responsible for maintaining the confidentiality of your IICD Member ID and password. If you cannot login or otherwise utilise the service, you should contact Customer-Service@WorldsBestInvestments.com.au Alteration and Reliability of Service The information and services included in or available through the Service may include inaccuracies or errors. WBI may make improvements and/or changes to the Service at any time without notice. WBI does not guarantee that IICD will be uninterrupted or error-free, that bugs or malfunctions will be corrected, or that the Service and its servers are free of harmful components. WBI does not guarantee that the uses of its Service, or the materials provided within the Service, are accurate, without error, or reliable. WBI provides its Service "as is". The Company makes no warranty or covenant in regards to the availability, reliability, or timeliness of the Service. WBI is not responsible for the appropriateness of the Service for any one purpose. WBI will not be held responsible for any and all damages whatsoever as a result of the loss of use, data or profits connected to the performance of IICD. WBI is not responsible or liable for any product or service acquired or requested using the Service. The sole remedy is for users to discontinue their use of IICD and its related services. Indemnification You agree that WBI, its parents, subsidiaries, officers and employees, cannot be held responsible for any third party claim, demand, or damage, including reasonable attorneys' fees, arising out of your use of the Service. As an IICD subscriber and member you agree to indemnify and keep indemnified The Company in respect to any loss or damage action claim suit or proceeding against it, and further that, such indemnification shall extend to any financial outlay expended by me, people I refer to the program, or people that have referred me, such that the company shall not be held liable in any way. Data & Messaging Limitations In regards to the Web hosted IICD service, the amount of storage space per member may be limited. Some messages may not be processed due to space constraints or outbound message limitations. You agree that WBI is not responsible or liable for the deletion or failure to store messages or other information. Third Party Sites, Advertisers, And Promotions The links included within this Web site may allow you leave the IICD site and visit third party sites. These third party sites are not under the control of WBI. WBI is not responsible for the contents of any third party site nor is WBI responsible for the functionality of any third party site. WBI provides links to our service to you strictly as a convenience. A link’s inclusion in a WBI site does not endorse the site or their operators. Any promotions sponsored by Advertisers to the Service or dealings with the Advertisers directly are solely between you and that third party. WBI is not responsible in any part of any such connections or dealing with advertisers or their promotions. Modifications To Terms Of Service, Member Policies WBI reserves the right to review and change this agreement regarding the use of the Service at any time and to notify you by posting an updated version of the agreement on this Web site. You are responsible for regularly reviewing WBI policies. Continued use of the Service after any such changes shall constitute your consent to such changes. No Guarantee of Income WBI cannot and does not guarantee that members will earn income from subscribing to IICD, or becoming a member.
© WBI International, 2004. Any rights not expressly granted herein are reserved. |
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