TERMS OF USE
Date of last revision: 10th August 2009.
1. INTRODUCTION
Welcome to A2ZProfiles, a business and social networking platform that allows you to connect and share with people you know as well as establishing contact with others who may have similar interests to you. The A2ZProfiles Service and network (collectively, “A2ZProfiles” or “the Service”) are offered and operated by A2ZProfiles Limited and its corporate affiliates and subsidiaries (collectively, “us”, “we” or “the Company”). By logging on and accessing or using the services on our website at www.a2zprofiles.com (hereinafter the “Site”) (and any other related websites where this agreement appears), you are agreeing to accept and be bound by the following Terms of Use (hereinafter the “TOU”) and Privacy Policy, whether or not you are a registered member of A2ZProfiles, for using A2ZProfiles, including those available by hyperlink, with A2ZProfiles Limited and the general principles of our subsidiaries and international affiliates including but not limited to A2ZProfiles Sdn. Bhd., A2ZProfiles LLC, and A2ZProfiles (UK) Limited.
These TOU constitute a binding agreement between A2ZProfiles and you governing your use of A2ZProfiles. By using A2ZProfiles, you agree to be bound by all of the TOU, regardless of whether you use A2ZProfiles to post any of your own content or to view content posted by other people including the Company.
A2ZProfiles reserves the right, at our sole and absolute discretion, to modify these TOU at any time. Your continued use of A2ZProfiles after A2ZProfiles modifies the TOU will mean you agree to the TOU as modified. If you do not agree to any modification, you should stop using or accessing A2ZProfiles immediately. It is your responsibility to return to this page on a regular basis to view any updates or modifications to the TOU.
WE STRONGLY RECOMMEND THAT YOU READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS WHICH INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
2. MEMBERSHIP
People who register for the A2ZProfiles Service become "Members".
We are not an internet service provider; in order to use the A2ZProfiles Service, you must have internet access and all the necessary hardware, software (and skills) required for email and web usage.
3. ELIGIBILITY
Where prohibited, membership to the Service is considered void. To be eligible for membership registration, access and usage of Services on this Site, you must either be 13 or older and currently in high school or college, or else you must be 18 or older and that you agree to and to abide by all of these TOU; otherwise any such membership registration, access and usage of Services on this Site is unauthorized, unlicensed and in violation of these TOU and may be terminated by the Company at any time upon discovery of unauthorized or unlicensed use.
4. REGISTRATION
You must register and confirm your membership registration prior to using any of the services on the Site. You undertake to register for the A2ZProfiles Service using accurate and current information about yourself - including your correct name, email address and any other mandatory details.
During registration, you may select your preferred and unique ‘User Name’ which will be associated with your A2ZProfiles membership. This User Name can be used as a method of directly linking to your profile, as a shortcut for logging into the A2ZProfiles Service, and for any other uses which we may make available for User Names. We maintain a reserved list of keywords which may not be used as A2ZProfiles User Names. This list is updated from time to time, and accordingly we reserve the right to revoke the use of a User Name previously selected by a member if we feel the User Name is inappropriate, or that it is a special keyword which is required for other business uses, or for other reasons; we are under no obligation to disclose to you our reasons for revoking your use of a specific User Name. Subject to the above, you may change or update your User Name at any time from the SETTINGS screen when logged in to your A2ZProfiles Membership account.
During registration, you may also indicate your preferred login password. You are obliged to keep this password secret. You agree not to disclose your password to any third party and you will hold A2ZProfiles harmless for any damage arising from a third party accessing A2ZProfiles using a password you disclosed. A2ZProfiles shall not disclose the password to any third party and A2ZProfiles shall not ask for your password at any time.
By completing the registration process, you consent to enter the agreement to use the services of the Site. A2ZProfiles accepts this offer by activating the membership for the use of services on the Site. The agreement takes effect with the aforementioned acceptance by A2ZProfiles.
Each User is entitled to register with A2ZProfiles only once, and the User may only establish one (1) user profile. You may not register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity.
You may not use or attempt to use another's account, service or system without authorization from the Company, or to create a false identity on the Service or the Site.
It is technically impossible for A2ZProfiles to determine with absolute certainty whether a particular user registered with A2ZProfiles is in fact the person he or she represents to be. Therefore, A2ZProfiles assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.
5. MEMBER CONDUCT AND OBLIGATIONS
A2ZProfiles’s TOU include the Rules of Member Conduct and Obligations below. These rules apply to any and all content, including text, software, scripts, graphics, sounds, interactive features, 3D eProfiles, photographs, videos, DVDs, music, or files you post on A2ZProfiles (together the “Content”) regardless of whether the Content is included in blogs, e-mails, profiles, comments, forums, eCampaigns, Reverse Auctions, Groups, Events, or any other portion or feature of A2ZProfiles. These rules also apply to any other actions you may perform on A2ZProfiles (together the “Conduct”). Notwithstanding any provision of the Rules of Member Conduct and Obligations, A2ZProfiles reserves the right not to post or to remove any Content from A2ZProfiles at any time, without notice, for any reason or no reason, at A2ZProfiles’s sole and absolute discretion.
Below is a list of Content and Conduct that violates the Rules of Member Conduct and Obligations:
You shall not:
upload, post, email or otherwise transmit any Content that is illegal, unlawful, fraudulent, harmful, threatening, abusive, harassing, tortuous, defamatory, infringing, inflammatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;
misrepresent yourself to minors or to harm minors in any way;
solicit personal information from anyone under the age of 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
impersonate any person or entity, including, but not limited to, an A2ZProfiles official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
“stalk” or otherwise harass another;
provide a false date of birth or age;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (together the “Rights”) of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as eCampaigns) that are specifically designed for advertising and promotional purposes;
upload, post, email or otherwise transmit any material that contains software viruses, worms, trojans or any other computer code, files or programs designed with intent to interrupt, destroy, limit or deny the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt A2ZProfiles or the servers or networks used for provisioning access to A2ZProfiles or disobey any requirement, procedure, policies and regulations of any networks used for provisioning access to A2ZProfiles;
use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the normal functionality of the Site including the unauthorized use of automated scripts to collect information from or otherwise interact with the Service or the Site;
intentionally or unintentionally violate any applicable local, provincial, state, national, foreign or international laws or regulations
falsify headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through A2ZProfiles;
illegally collect or store personal data about other users obtained from the Site including illegally harvesting or collecting email addresses or other contact information of other users from the Service or the Site by electronic or any other means for the purposes of sending unsolicited emails or any other forms of unsolicited communications;
upload, post, email or otherwise transmit any Content that provides instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability including illegal drug manufacturing and use, financial scams, child predation, terrorist activities, instructions in assembling, obtaining bombs or other dangerous and destructive weapons; including but not limited to diseases or infections of any kind;
upload, post, email or otherwise transmit any Content that encourages or promotes physical harm against any group or individual including any Content that encourages or promotes self-harm;
intimidate or harass any other member of the Site;
upload, post, transmit, share, store or otherwise make available content that, in the sole and absolute judgment of the Company, is objectionable or which restricts, inhibits, or prevents anyone from using or enjoying the Site, or which may expose the Company or its users to any harm or liability in any manner whatsoever.
You are obligated:
to provide only true and non-misleading statements in your profile and in communications with other members.
to post on the Site your profile photograph using only photographs of you which are not more than five (5) years old and in which you can be clearly and plainly recognized. You warrant and represent that the public display of the photographs delivered by you to the Site is not prohibited. You shall not upload any photographs or images of any other person other than of yourself.
to comply with all applicable laws, and respect all third-party rights.
A2ZProfiles has the right to determine whether any Content or Conduct violates the Rules of Member Conduct and Obligations or the TOU in its sole and absolute discretion.
You acknowledge that A2ZProfiles has no responsibility for monitoring, filtering or pre-screening Content, but that A2ZProfiles and its designees and administrators shall have the right (but not the obligation) in their sole and absolute discretion to refuse or to remove any Content that violates the TOU or is otherwise deemed objectionable.
You fully accept and understand that all Content posted to the Site or otherwise transmitted via A2ZProfiles is the sole responsibility of the member who originally posted the Content, and that your sole recourse for any damage you may suffer as a result of such content shall be to that member only. You agree that A2ZProfiles will not be liable or be held liable, under any circumstances whatsoever and in any way, for any errors or omissions, loss or damage of any kind whatsoever that may have been incurred as a result of the use of any Content posted or otherwise transmitted via A2ZProfiles, and you hereby release absolutelt and without reservation A2ZProfiles and its directors, officers, shareholders and employees therefrom. You agree that you must personally evaluate, and bear all risks associated with the use of any Content on the Site, including any reliance on the accuracy, originality, completeness, or perceived usefulness of any Content.
A2ZProfiles reserves the right to preserve and disclose Content posted to or transmitted via A2ZProfiles if reasonably necessary in order to:
Enforce this Agreement
Comply with a legal process
Protect the rights, property, or personal safety of any party.
A2ZProfiles reserves the right to take appropriate legal action against anyone who uses A2ZProfiles in violation of the TOU and in a jurisdiction of the choosing of A2ZProfiles and you hereby agree to submit to the laws of that jurisdiction. If and when A2ZProfiles learns of any use of A2ZProfiles in violation of or that may be in violation of any applicable law in any jurisdiction, A2ZProfiles may report this to law enforcement authorities in those jurisdictions and otherwise cooperate with such authorities in their investigation.
6. WEBSITE ACCESS AND INTERFERENCE
A2ZProfiles grants you permission to use the A2ZProfiles Service as set out in this Agreement, provided that:
You may use the A2ZProfiles Service solely for your personal, non-commercial use except as otherwise specifically provided and approved by A2ZProfiles;
You may not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) or distribute any part of the A2ZProfiles Service in any medium without A2ZProfiles's prior written permission and the appropriate third party, as applicable;
You may not alter or modify any part of the A2ZProfiles Service other than as may be reasonably necessary to use the A2ZProfiles Service for its intended purpose;
You may not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
You otherwise fully comply with this Agreement.
You agree not to use or launch any automated system or scripts, including but not limited to any "robots," "spiders," or "offline readers", that access the A2ZProfiles Service in a manner that sends more request messages to the A2ZProfiles Service's web and database servers in a given period of time than a real human user can reasonably produce in that period by using a conventional web browser. Notwithstanding the foregoing, A2ZProfiles grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly-available and searchable indices of the Content, but not caches or archives of such Content. A2ZProfiles reserves the right to revoke these exceptions either generally or in specific cases at its sole and absolute discretion.
7. INTELLECTUAL PROPERTY RIGHTS
The content of the A2ZProfiles Service, except all User Submissions (as defined in point 8. below), including but not limited to the text, software, scripts, graphics, 3D eProfile Templates, photos, sounds, music, videos, DVDs, interactive features and the like (together the "Content") and the trademarks, service marks and logos contained therein (together the "Marks") and all copyright subsisting therein, are owned by or licensed to A2ZProfiles, and are protected by Australian and foreign laws and international conventions. With the exception of specific User Submissions made by you personally, as between you and A2ZProfiles all intellectual property rights subsisting in and in relation to User Submissions (including, without limitation, compilations of User Submissions) are owned by A2ZProfiles. You agree not to circumvent, disable or otherwise interfere with security related features of the A2ZProfiles Service or features that prevent or restrict use or copying of any Content.
8. USER SUBMISSIONS
You retain all ownership rights to Content you submitted and of which you are the beneficial and absolute owner. Except for its ownership of the collection of all content on A2ZProfiles, as described below, A2ZProfiles does not claim ownership of any Content you publish in your workspace on the Site. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content.
By publishing your Content on A2ZProfiles, you grant A2ZProfiles a temporary license to “rebroadcast” your Content. This license is necessary to enable us to show your Content to other members and visitors to the Site.
By publishing Content in your workspace on the Site you grant A2ZProfiles a world-wide, perpetual, irrevocable, royalty-free, sub licensable and non-exclusive, transferable, fully paid license to reproduce, modify, distribute, transmit, publicly perform and publicly display the Content (as well as permit others - including without limitation A2ZProfiles’s co-brand, content and syndication partners - to do the same) reformat, translate, excerpt (in whole or in part) for any purpose, commercial, advertising, or otherwise.
This license exists only for as long as the Content remains published in your workspace on the Site and only for as long you remain an A2ZProfiles member, except that you grant A2ZProfiles a continuing perpetual license and right to maintain a copy of your profile and Content for archival purposes. This archival copy is not posted publicly on the A2ZProfiles system; it is maintained solely so that A2ZProfiles may recover content and restore accounts (in case of errors or system failure) or required for cooperation with law enforcement in order to make the A2ZProfiles service safer. Except for this license for archival purposes, in the event that you remove the Content from your workspace on the Site or in the event that your membership is terminated, this license shall expire either immediately or upon termination of any promotional or marketing activities ongoing at the time.
9. RESPONSIBILITY FOR USER CONTENT AND ANY OTHER DATA OR INFORMATION
A2ZProfiles does not make any warranties or representations regarding any data and/or information provided or made available by any user on the Site or on any external websites linked to them. In particular, A2ZProfiles does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose. The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these TOU by using the contact form available at the Site.
10. DATA TRANSMISSION SECURITY
You acknowledge that A2ZProfiles has no control over the communications infrastructure or the communications lines used to access A2ZProfiles because these are provided for by a third party public utility and, as such, the security of transmissions to and from A2ZProfiles is not the responsibility of A2ZProfiles.
A2ZProfiles recognizes that any data provided by the User to A2ZProfiles is extremely important to the User, and A2ZProfiles shall therefore be reasonable and sensitive in handling such data. A2ZProfiles shall comply with all applicable legal provisions regarding data protection (Australian Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, A2ZProfiles shall not provide or otherwise disclose any personal data of the User to any third party without permission except when asked to assist and cooperate with law enforcement authorities in their investigations.
11. COPYRIGHT
All content created by A2ZProfiles, its partners, or its suppliers and available through the Service, including designs, text, logos, graphics, images, pictures, videos, music, sound, 3D eProfiles and Templates, information, applications, javascript code, HTML code, and other software, (together the “Site Content”) are the proprietary property of A2ZProfiles Limited (or its subsidiaries, partners or suppliers) with all rights reserved and are protected by Australian and international copyright and other intellectual property laws.
No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own Content that you have legally posted on the Site. Provided that you are eligible, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices and uses intact. Except for your own Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site to incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these TOU and does not permit the use of any data mining, robots, scraping or similar data gathering techniques or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and in violation of these TOU and can and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these TOU shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
12. COPYRIGHT INFRINGEMENT
A2ZProfiles fully respects and is fully committed to protecting the intellectual property rights of third parties; as such, you are prohibited to post, modify, distribute, or reproduce in any way any copyrighted content, belonging to others without first obtaining their written consent. If you believe that someone has copied your work and posted it on A2ZProfiles in a way that constitutes a copyright infringement, please read the section on the Digital Millennium Copyright Act (DMCA) for more information on how to report infringement of your copyright.
Upon receiving proper notice of copyright infringement A2ZProfiles will remove or disable access to the allegedly infringing material and notify the site owner accordingly. A2ZProfiles may, in appropriate circumstances and at its discretion, terminate the accounts of Users who may be repeat infringers.
A2ZProfiles reserves the right to terminate your use of A2ZProfiles at any time and remove any infringing Content if you infringe the copyright rights of others, regardless of whether or not you are a repeat infringer.
13. TRADEMARKS
A2ZProfiles, A2ZProfiles.com, “Be Seen & Be Remembered”, 3D eProfiles, AZP, and other Company graphics, logos, designs, page headers, buttons, icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in Australia and/or other countries. The Company’s marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or in any manner whatsoever that disparages or discredits the Company.
14. PERSONAL INFORMATION & PRIVACY POLICY
The privacy of our Users is of great importance to us. Please read the A2ZProfiles's Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed on our servers located in the United States.
A2ZProfiles's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also agree to give consent to the way we may handle your personal data as stipulated in that policy. Given the global nature of the World Wide Web, any posting on the A2ZProfiles Service (which may contain personal information) is, of course, accessible to internet users globally.
You hereby certify, acknowledge and confirm to A2ZProfiles that you are at least 13 years old. A2ZProfiles is intended for people who are either at least 13 years old and currently in high school or college or else must be at least 18 years old and above. Children under 13 are not permitted to join A2ZProfiles or participate in the A2ZProfiles community, and A2ZProfiles will delete A2ZProfiles accounts held by people it learns are under the age of 13. Parents of children under 13 can also delete their child’s account. Please follow instructions available in the section under ‘Deleting my child’s account’.
15. A2ZPROFILES ROLE
You acknowledge that A2ZProfiles is not and cannot be responsible for the behaviour of members or for any Content contributed by Members - whether on the A2ZProfiles Service (such as by way of User Submissions) or outside of it. A2ZProfiles only provide a platform where the A2ZProfiles Service may be accessed. In particular, you should be aware that A2ZProfiles does not generally pre-screen or monitor content contributed by Members (such as User Submissions) except in the case of moderating Reverse Auction listing requests.
16. ADDITIONAL SERVICES
A2ZProfiles or its affiliates may offer new or additional services through the A2ZProfiles Service from time to time. Your use of any such services may be subject to additional terms and conditions, or rules of use, which you must comply with, and potentially additional fees (which you must pay). Any failure by you to comply with a material provision of the terms or rules governing those services, or to pay any relevant additional fees, will be considered as a violation of the TOU and in breach of this Agreement.
17. OPERATION OF A2ZPROFILES SERVICES
A2ZProfiles reserves the right to withdraw or modify one or more aspects of the A2ZProfiles Service where we have legal or technical reasons to do so (including technical difficulties experienced by A2ZProfiles internally or on the Internet in general). There may be times when the A2ZProfiles Service becomes unavailable for various reasons, whether on (i) an unscheduled basis, because of technical problems (in which case we will use reasonable skill and care to overcome the problems we encounter, where they are within our control); or ii) a scheduled basis (which we will make every effort to conduct at times that are reasonably convenient to the majority of the Membership, in our reasonable discretion). For security or any other reasons, we may at times require you to change your User Name and/or Password or other information which facilitates access to the A2ZProfiles Service.
18. MISUSE OF A2ZPROFILES SERVICES AND TERMINATION OF MEMBERSHIP
A2ZProfiles reserve the right (i) to suspend or terminate any Member's access to the A2ZProfiles Service, in whole or in part, and/or (ii) to remove at will, or require the Member to remove, any Content posted on the A2ZProfiles Service, if the respective Member or Content is deemed to be in breach of any provision of this Agreement. Any Member whose access has been suspended or terminated are prohibited from re-registering for, or re-accessing, the A2ZProfiles Service without our prior consent. However, there may be times when determined users whose Membership has been terminated or suspended re-register as Members, in breach of their obligations under this Agreement; we cannot prevent that. You are, at all times, responsible for everything which is done on or through the A2ZProfiles Service while your Membership account is logged on to the A2ZProfiles Service, or through your email address(es).
A2ZProfiles and the Community work together to keep the Site and Services working properly and to keep the Community safe. If you see anything on the A2ZProfiles Service which appears to be a violation or in breach of this Agreement, then please contact us to inform us of it by emailing us. We do not generally monitor material contributed by Members placed on the A2ZProfiles Service, and we are thus reliant upon users to alert us of any Content which is in breach of this Agreement. You agree that upon termination or suspension of your access to the A2ZProfiles Service under any provision of this Agreement, we may immediately deactivate or delete your account and all related information and files in your A2ZProfiles Service account and/or bar any further access to such files or the A2ZProfiles Service.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the Site, delay or remove hosted content, and take technical and legal steps to keep Users off the Site if we deem that they are being a nuisance by creating problems with possible legal liabilities, or acting inconsistently with the letter or spirit of our policies and this TOU. We also reserve the right to cancel and delete unconfirmed accounts or accounts that have been inactive for a long time which timing shall be at the sole and absolute discretion of the Company.
19. DEFINITION AND USAGE OF AZP
“AZP” is the acronym for “A2Z Point”, a micropayment token utilized throughout the Site in various ways.
One AZP is set equivalent to one US cent i.e. 1 AZP = US$0.01. The Company is the sole issuer of AZPs which are 100% backed by the equivalent in monetary value at all times and held by the Company in Company’s bank accounts and/or in other forms of financial instruments from time to time.
A newly registered Member naturally has no AZPs in credit and is thus given an automatic overdraft limit (OD LIMIT) of 1,000 AZPs in order that the Member can immediately begin to perform certain non-premium based activities including interacting with other Members in a non-premium based manner including: (i) Uploading of Digital Media & Files; (ii) Making a blog post; (iii) Emailing and Private Messaging other Members who have not imposed any premiums for private messaging them; (iv) Posting Comments; (v) Giving Endorsements; (vi) Making Introductions; (vii) Sending Invitations; (viii) Creating Group Newsletter; (ix) Group Discussion Board postings; and (x) Group Chats. Members CANNOT utilize the overdraft facility to: (i) Access any premium based content such as blog posts, eProfiles and Templates, photographs, videos, files, and Astrological Readings; (ii) Participate in chargeable events; (iii) Private Message other Members who have imposed a premium for private messaging them; (iii) Create eCampaigns; (iv) Create Reverse Auctions; (v) Transfer AZPs to other Members; (vi) Redeem AZPs; and any other activities whatsoever that would result in the utilization of the overdraft facility's AZPs being transferred to another Member. As and when Members earn AZPs which are credited to their Main AZP Account, such credits will offset the overdrawn balance. When the account balance is in credit, the Member can then utilize these AZPs in credit in any manner whatsoever including all premium based activities provided that at all times the amounts in credit are sufficient to cover the premiums imposed.
The Company reserves the right at all times to redeem, transfer or otherwise deal with in any manner whatsoever AZPs which are the property of the Company and where the Company redeems, transfers or otherwise deals with its own AZPs it may cancel same as it deems fit in its sole and absolute discretion. Every registered Member of the Site automatically has access to their private and personal AZP Account accessible via ‘MY ACCOUNT’ after logging into the Site. Members can currently top up their AZP Account by funding it with a valid credit / debit card, and in the future by using a Prepaid Top Up Coupon issued by the Company which will be available from a network of resellers and associates worldwide. In both cases, a premium is usually imposed; e.g. a 1000 AZPs (equivalent to US$10) Prepaid Top Up Coupon may cost US$12. If using a credit or debit card for top up, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. Unless otherwise stated, all amounts payable shown for EU countries are subject to VAT and in other countries subject to Government charges or taxes of one kind or another. Members can also transfer AZPs from their personal account to another Member’s AZP account. Members can further redeem their AZPs for products and services offered by the Company for redemption, or redeem them for cash subject to a minimum redemption value of US$50 (fifty US dollars). Members receive their cash redemptions either via bank wire transfer into their personal bank account, or via a deposit onto their personalized A2ZProfiles debit card (cobranded from *ISSUER TO BE NAMED*), if they have one, and subsequent withdrawal via an ATM. Bank charges and ATM withdrawal charges apply.
20. FEES AND SERVICE CHARGES
Although Membership to A2ZProfiles is free of charge, access to premium content and some services are chargeable based on AZPs. Please refer to the Schedule of Fees and Service Charges. Members are empowered to impose a premium based on AZPs: (i) for other Members to send the Member a Private Message, (ii) for other Members to access any item posted under ‘Digital Media & Files’, and (iii) for other Members to read a particular blog post. All premium settings are subject to a service charge based on a percentage stipulated by the Company and which may vary from time to time as it sees fit and without any prior notice.
21. DISCLAIMER AND RELEASE
A2ZProfiles has no control over, and has no responsibility for, the truth or the accuracy of any content available on the A2ZProfiles Service, whether contributed by Members (such as User Submissions) or others. Although we have stipulated rules for Member Conduct and Obligation, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
If any third party site is linked to, or from, the A2ZProfiles Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
You should exercise no lesser degree of caution in appraising what you see on the A2ZProfiles Service than you do offline.
Even though A2ZProfiles Members are prohibited from doing so, some Members may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. It is imperative that you should note and be aware that people may not necessarily be who they say they are.
Your access and use of the A2ZProfiles Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release A2ZProfiles, its directors, contractors and employees, from all liability arising out of or in connection with the A2ZProfiles Service and the Content included here by Members (including User Submissions) and other third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF A2ZPROFILES IS AT YOUR SOLE RISK. A2ZPROFILES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. A2ZPROFILES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
(b) A2ZPROFILES CANNOT GUARANTEE AND MAKES NO WARRANTY THAT (i) A2ZPROFILES WILL MEET YOUR REQUIREMENTS, (ii) A2ZPROFILES OR ANY CONTENT, SOFTWARE, APPLICATIONS OR SERVICES PROVIDED TO YOU THROUGH A2ZPROFILES WILL BE COMPLETE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION WHEN USING AND DOWNLOADING ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF A2ZPROFILES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH A2ZPROFILES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH A2ZPROFILES WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF A2ZPROFILES 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 OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM A2ZPROFILES OR THROUGH OR FROM A2ZPROFILES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
A2ZProfiles reserves the right to modify any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without prior notice. Any references made to any products, services, processes or any other information, either by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by A2ZProfiles.
22. EXCLUDED LOSS
A2ZProfiles will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). A2ZProfiles will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.
23. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT A2ZPROFILES OR ITS DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A2ZPROFILES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR THE INABILITY TO USE A2ZPROFILES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM A2ZPROFILES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON A2ZPROFILES; OR (v) ANY OTHER MATTER RELATING TO A2ZPROFILES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S 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 THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED US$100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY OTHER KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU IN YOUR JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS INCLUDING ANY STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER.
24. INDEMNITY
You agree to defend, indemnify and hold A2ZProfiles, and its subsidiaries, each of their directors, affiliates, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, damage, costs and expenses, claim or demand, including reasonable attorney’s fees, arising out of or in connection with your Content, your use of A2ZProfiles, your conduct in connection to A2ZProfiles, your violation of the TOU, or your violation of any rights of any third party, whether you are a registered user or not. You are solely responsible for your actions when using A2ZProfiles, including, but not limited to, costs incurred for Internet access. All other rights, including damage claims by A2ZProfiles, are hereby unaffected. This obligation will survive your use of the A2ZProfiles Service.
25. EXTERNAL LINKS
A2ZProfiles may include links to other websites or resources. A2ZProfiles has no control over such sites and resources, and is therefore not responsible for the availability of such external sites or resources. A2ZProfiles does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources or your use of such sites or resources.
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("External Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such External Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any External Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the External Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any External Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us in any way. If you decide to leave the Site and access the External Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
26. NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
27. TERMS OF SALE
A2ZProfiles offers products and services for sale on the Site. Please read our Terms of Sale for the terms, conditions and policies applicable to the purchase of products or services from the Company. By ordering products or services from the Company through the Site, you accept and agree to be bound by the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time in the Company's sole and absolute discretion. It is important that you review the Terms of Sale each time you make a purchase.
28. RESOLUTION OF MEMBER DISPUTES
You are solely responsible for your interactions with other A2ZProfiles users. We reserve the right, but are not under any obligation, to monitor, mediate, or otherwise attempt to resolve disputes between you and other users.
29. ASSIGNMENT
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but we will ensure that the assignee undertakes to perform this Agreement in accordance with its terms. You may not assign or dispose of this Agreement without the written consent of A2ZProfiles.
30. CHANGES TO THIS AGREEMENT
A2ZProfiles reserves the right to modify and change this Agreement at any time without prior notice and to post the new version on the Site. When we do so, the new version of these terms and conditions will govern the A2ZProfiles Service.
31. SEVERABILITY
These TOU, including our Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of the Company to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision in that instance or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these TOU shall be deemed unlawful by judicial decree, void or for any reason unenforceable, then that provision shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions.
32. APPLICABLE LAW
The laws of the State of Queensland, Australia will govern the Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates, without giving effect to any principles of conflicts of laws. The A2ZProfiles Service is controlled and offered by A2ZProfiles from its legal jurisdiction in Australia. A2ZProfiles makes no representations that the A2ZProfiles Service is appropriate or available for use in other locations. Those who access or use the A2ZProfiles Service from other jurisdictions do so of their own preference and are responsible for compliance with local law. With respect to any disputes or claims not subject to arbitration (as set forth below point 33.), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Queensland, Australia and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Queensland, Australia.
33. ARBITRATION
YOU AND THE COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TOU, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any private transactions you enter into with a third party through the Site may be arbitrated. Arbitration under this Agreement shall be conducted by The Australian Centre for International Commercial Arbitration ('ACICA') under its Commercial Arbitration Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TOU SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the purported Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
34. CUSTOMER SERVICE / SUPPORT
You can contact us by emailing support@a2zprofiles.com or by mail to: A2ZProfiles Sdn Bhd, 36th Floor, Menara Maxis, KLCC, 50088 Kuala Lumpur, Malaysia, or by telephone during normal office hours of 9am to 5pm Mondays to Fridays on: +603-2615-7288. We will endeavour to respond to all email enquires within 3 working days.
35. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (together the "Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
36. DEFINITIONS AND CONSTRUCTIONS
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.