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ADDRESS: A FRIEND IN NEED
PO. BOX 2412
CARLINGFORD 2118
NSW
AUSTRALIA
Phone: (612) 9872 3091
Fax: (612) 9873 2617
TERMS AND CONDITIONS Your use of this Web site is expressly conditioned on your acceptance of the following terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site. Use by you of this site indicates your agreement to the following terms and conditions. These terms and conditions shall apply regardless of the means by which the site was accessed, including, but not limited to, through the URL address http://www.afriendinneed.com.au, electronic mail, or links from another site. The terms and conditions are subject to modification at any time without prior notice.
A Friend In Need, (http://www.afriendinneed.com.au), including its successors, affiliates and assigns now existing or hereafter organised, is the owner of all copyrights, trade secrets, patents or other intellectual property rights in this site, except for the portions that may be owned by various third party providers, distributors, suppliers, authors or artists. You may not reproduce, distribute, publish, license, modify, create derivative works from, transfer, sell, rent or lease any information, or services obtained from this site without the express written permission of A Friend In Need and/or its third party providers and distributors. For violation of any or all of the above rules and policies, A Friend In Need may send the user a legal notice barring access from the site indefinitely.
2. How To Conquer Loneliness Email Service Membership to the email service provided by A Friend In Need is issued in accordance with the Terms and Conditions listed on the A Friend In Need website. Lodgment of registration signifies that the user has read and agreed to abide by the Terms and Conditions. a)
Disclaimer You agree to defend, indemnify and hold A Friend In Need harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any breach of the Terms and Conditions by you or users of your account, or in connection with the use of the A Friend In Need website by you or users of your account. b) Age and Responsibility of Members There are three types of email membership: Single Emails - entitles the user to send one email per charge to A Friend In Need. 3 month Membership - entitles the user to send 15 emails over three months.
Membership expires when either 15 emails have been sent or at the end
of 3 months duration (whichever comes first). We recommend a frequency
of 5 emails per month. Email allotments cannot be rolled over into another
membership period. 6 month Membership - entitles the user to send 30 emails over 6 months. Membership expires when either 30 emails have been sent or at the end of 6 months duration (whichever comes first). We recommend a frequency of 5 emails per month. Email allotments cannot be rolled over into another membership period. Replies to your emails will be sent on the email address provided to us on the membership registration form. Only one user per membership account is permitted. Breach of this condition
may lead to cancellation of the user's account. See Terms and Conditions
para 2(f).
Pricing is subject to change without prior notice and all prices are
in Australian dollars unless otherwise stated. Price changes will not
affect current memberships but will be applicable at the time of renewal. Australian residents are required to pay a GST (Goods and Services Tax) component of 10% on membership fees. International members are exempt from the GST component. e) Refunds It is advised to make sure before joining long term membership that you can access How To Conquer Loneliness from anywhere if you travel.100% satisfaction or money back guarantee. The cost of your subscription (minus bank and other charges and minus gift vouchers issued on membership) will be refunded to you. Please note, there are no refunds on single email memberships. For refunds contact admin@afriendinneed.com.au
All information, personal or otherwise, provided by members is kept in the strictest confidence. No details are sold, rented or shared with 3rd parties. All emails are protected with 128-bit SSL encryption. A username and password further protects a member from unauthorised use of their account. You are responsible for keeping your user name and password confidential. We recommend you memorize this information, and you should not share it with friends, family members nor post it in a public place or transmit it via unsecure means. You are responsible for all activity occurring through use of your account and/or password. You agree to immediately notify A Friend In Need of any actual or suspected unauthorized use of your account or password. A Friend In Need will not be responsible for any loss whatsoever arising from the misappropriation of your password by a third party.
g) Unsuitable Content Emails deemed to contain unsuitable content by A Friend In Need will not be replied to. See the Terms and Conditions point 5 for further details on Unsuitable Content.
A Friend In Need reserves the right to terminate membership in the event that a member misuses the service provided. User accounts are subject to cancellation for breach of the terms and conditions, including but not limited to the following: i) Only one user per account is permitted. If it comes to the attention of A Friend In Need that an account is being used by multiple users then that account is subject to cancellation. ii) Accounts used to send emails containing unsuitable content. A Notice of Termination will be issued and the member may not re-apply for membership without the express permission of A Friend In Need. Your IP ( Internet Protocol ) addresses are being logged. Beware of using stolen credit cards or fraud to access How To Conquer Loneliness. Fraud is a punishable crime by law. If fraudulent or stolen cards are used to access this service, membership will be terminated immediately and the user will be barred from using the A Friend in Need site. j) Security of Emails being Sent and Received i) SSL encryption is used to safeguard your emails to How To Conquer Loneliness. ii)For security purposes it is advised you enter an email address provided by your ISP (Internet Service Provider). Replies will be sent to email addresses provided by you on the registration form. The use of Free Email Accounts is therefore not recommended. A Friend in Need accepts no liability for the security of replies sent to email addresses provided by the member. If you have not received a reply in the said time contact us on admin@afriendinneed.com.au Our bank is the Westpac Bank of Australia . Our third party card processing company is Card Access. Your biller will be A Friend In Need and its name will appear on your monthly statement for billing of our services. 3. Submissions to A Friend In Need Ezine If a user wishes to contribute to the ezine or newsletter, submissions should be emailed to A Friend In Need at .... Publication and timing of publication of submissions to the ezine will be at the complete discretion of A Friend In Need. Contribution/submission of articles, stories or any other materials to the A Friend In Need Ezine signifies agreement with the following conditions:
a) Authorship, Originality and Submission
Submissions should be original works and should not impinge or otherwise violate the copyright of any other author, whether or not that work has been published. Submissions must be made by the orginating author alone. Any submissions made on behalf of the orginating author will not be accepted or published without the express permission of the originating author.
b) Publishing and editing rights Names mentioned in submissions, whether they be of an individual or company may be changed or ommitted from the submission on publication at the discretion of A Friend In Need. Submissions may be re-published or syndicated to other websites. Publication in other forms whether in CD-ROM, e-book or hardcopy format will be done only with the permission of the originating author.
Submissions deemed to contain unsuitable content will not be published. See the Terms and Conditions point 5 for further details on Unsuitable Content. No reasons or explanations will be provided for non-publication of submissions.
4. Advertising on A Friend In Need Ezine i) Free advertising is available on classified advertisements on A Friend in Need Ezine for 6 months only being up to 31/12/2002. After which free classified advertisements will be available to those selling small stocks, personal items from furniture to cars to houses etc .Free classified advertisements will also be available to individual service providers ie gardener, rubbish remover, seamstress, handymen etc and for those who buy and sell periodically and don't have retail outlets. Your advertisement will receive from a fortnight to one months exposure at least after which it will be replaced. These advertisements will remain strictly on the classified advertisements pages of the ezine for this period. The advertisements will appear under the heading of Goods and Services in alphabetical order i.e. (computers, electrical household furniture, tradesman etc ) ii) Paid advertisements will be available on a yearly basis. For information on our innovative exposure through paid advertisements on our E Ad Directory contact us on advertise@afriendinneed.com.au iii) Banner advertisements in prime positions on A Friend In Need website pages will be available on a contractual basis only. Any banner advertisement appearing on the A Friend In Need home page will be non-linkable, but will feature the company's web address. For Banner advertisements contact us on admin@afriendinneed.com.au i) No refunds will be made once submission for advertisements on the E Ad Directory have been madeii )Removal of a name of a business that no longer exists will be done on notifying A Friend In Need Ezine. This will be done within 1 week of receiving notification. i) i) We make no guarantee of your advertisements being seen or receiving exposure of any measure. ii) We make no guarantees of any profits or income or financial damage or loss. Placing any advertisements in our advertisement directory or A Friend In Need Ezine is at the sole discretion of the user. iii) A Friend In Need Ezine accepts no liability for the placing of false or misleading advertisements by any advertiser. A Friend In Need respects the privacy of its members.
Information provided by members is used solely by A Friend In Need
to make improvements to the service. Information provided by members to A Friend In Need is retained in the strictest confidence. No member details are passed on or sold to third parties. This privacy statement discloses the privacy practices for A Friend In Need (http//:www.afriendinneed.com.au).
a) Information Collection and Use A Friend In Need is the sole owner of the information
collected on this site. We will not sell, share, or rent this information
to others except as stipulated in the Terms and Conditions at paragraph
2.
In order to use the email service provided by A Friend In Need, a user must first complete the registration form. During registration a user is required to give information (such as name, email address, date of birth). This information is used to contact the user about the services on our site for which they have expressed interest. Any other personal details provided by a user to A Friend In Need is optional but encouraged, so we can provide a more personalised experience on our site.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
This web site contains links to other sites. Please be aware that we at A Friend In Need, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by us on this website.
If a user wishes to subscribe to our newsletter, we ask for contact information in the form of an email address.
From time to time, we may also ask users to complete an optional survey so as to assist us in improving the use and satisfaction of this site. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as area/zip code, age level). Contact information will be used to notify the winners and award prizes.
This website takes every precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected both online and off-line. Users are directed to a secure payment gateway during the registration process to permit collection of sensitive information such as a credit card number. This information is encrypted and is protected using SSL (Secure Socket Layers). Credit card numbers and expiry dates are not retained by the vendor of the payment gateway nor by A Friend In Need for any purpose whatsoever. A confirmation of payment email is also sent on joining or renewing membership. While on a secure page, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer is clearly visible. Emails submitted by members of the A Friend In Need - Email service are also protected by SSL encryption thus ensuring privacy and confidentiality. We send all new members a welcoming email to verify password, username. Established members will occasionally receive information on products, services, special deals or a single reminder notice for renewal of membership. Out of respect for the privacy of our users we present the option to not receive these types of communications. If you have any questions about the security at our website, you can send an email to admin@afriendinneed.com.au and remember to look for the lock.
In order for this website to properly fulfill its obligation to our customers, it is necessary for us to supplement the information we receive with information from 3rd party sources such as banks to verify availability of funds during the registration process. Please refer to Terms and Conditions para 4(g) for further details on security.
i) Correction/Updating Personal Information If a user’s personally identifiable information changes,
or if a user no longer desires our service, we will endeavor to provide
a way to correct, update or remove that user’s personal data provided
to us. This can usually be done by sending an email to:
If we decide to change our privacy policy, we will post those changes on our website on the Terms and Conditions page, so that our users are always aware of what information we collect, how we use it, and under which circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.
Unsuitable content includes but is not limited to that which is defamatory, harassing, harmful, obscene, racially objectionable, or unlawful, promotes physical harm or injury against any group or individual, contains nudity or pornographic material of any kind, exploits minors, or otherwise interferes with the rights of any other person or infringes on the intellectual property rights of any other party. If the circumstances so require, A Friend In Need reserves the right to notify and provide all relevant information to the appropriate authorities for determination.
THE INFORMATION, SERVICES AND PRODUCTS, PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION HEREIN IS CHANGED PERIODICALLY. A FRIEND IN NEED AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. A FRIEND IN NEED AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SERVICES AND PRODUCTS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. A FRIEND IN NEED AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SERVICES AND PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL A FRIEND IN NEED AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SERVICES AND PRODUCTS OBTAINED OR PROPOSED TO BE OBTAINED THROUGH THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY USE OF OR INABILITY TO USE ANY DATA IN THIS WEB SITE, OR THE PERFORMANCE OR NONPERFORMANCE OF A FRIEND IN NEED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF A FRIEND IN NEED AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF, HOWEVER, DESPITE THE EXCLUSIONS CONTAINED IN THIS PARAGRAPH, A FRIEND IN NEED AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE FUNCTIONS OR USES OF THE WEB SITE, THE LIABILITY OF A FRIEND IN NEED AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS SHALL NOT EXCEED THE AMOUNT OF ANY SUBSCRIPTION FEES AND/OR SERVICE CHARGES PAID BY CLAIMANT TO A FRIEND IN NEED FOR THE SERVICES AND/OR DATE WITH RESPECT TO WHICH LIABILITY IS FOUND.
8. Links to 3rd Party Web Sites A Friend In Need may provide links to other web sites (3rd party websites) and/or resources. These links are clearly identifiable and direct the user to a 3rd party website. Banner links are provided under restricted licence and are the property of the 3rd party website. A Friend In Need does not accept responsibility for the content, operation, reliability or accessibility of these web sites and/or resources, nor does A Friend In Need endorse or regulate the content of other web sites and/or resources to which it provides links.
A Friend In Needs' E-Music Den (hereafter E-Music Den) is a promotional service. E-Music Den has obtained permission from the copyright owner(s) for users of the A Friend In Need website to download this material for personal non-commercial use only. You may not modify, copy, reproduce, republish, transmit or distribute in any way any material from this website. Although this website is accessible worldwide, any offer for any product or service made in this website is void where prohibited. Prior to submission of any work, artists/bands should also read the Music Submission Agreement. Astrologer Zone is a 3rd party provider of services to users of the A Friend In Need website. Please refer to paragraph 7.
11. Severability If any of the provisions contained in the Terms and Conditions be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions of the Terms and Conditions.
The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales and the applicable federal laws of Australia.
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