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Terms of Service, Privacy Policy and Refund Policy |
Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS SITE. We maintain
this web site as a service to our viewers, and by using our site you are
agreeing to comply with and be bound by the following terms of use. Please
review the following terms and conditions carefully, and check them
periodically for changes. If you do not agree to the terms and conditions, you
should leave the site immediately.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER IN ORDER
TO PARTICIPATE ON OUR SITE OR COMMISSION OUR SERVICES.
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Acceptance
of Agreement. You agree to the terms and
conditions outlined in this Terms and Conditions of use Agreement
("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site,
the content, products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended by us at
any time and from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
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Copyright. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks, registered
trademarks and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Section 4, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not
constitute a waiver of any right in such information and materials.
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Limited
Right to Use. The viewing, printing or
downloading of any content, graphic, form or document from the Site grants
you only a limited, nonexclusive license for use solely by you for your
own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of
any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or redistribution).
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Editing,
Deleting and Modification. We reserve the
right in our sole discretion to edit or delete any documents, information
or other content appearing on the Site, including this Agreement, without
further notice to users of the Site.
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Indemnification. You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
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Nontransferable. Your right to use the Site is not transferable. Any password
or right given to you to obtain information or documents is not
transferable and may only be used by you.
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Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
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Limits. All responsibility or liability for any damages caused by
viruses contained within the electronic file containing the form or
document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF
OR INABILITY TO USE OUR SITE
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Use
of Information. We reserve the right, and
you authorize us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any manner
consistent with our Privacy Policy.
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Third-Party
Services. We allow access to or advertise
third-party merchant sites ("Merchants") from which you may
purchase or otherwise obtain certain goods or services. You understand
that we do not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. YOU AGREE THAT USE OF
SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND
BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
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Privacy
Policy. Our Privacy Policy, as it may
change from time to time, is a part of this Agreement.
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Links
to Other Web Sites. The Site contains
links to other Web sites. We are not responsible for the content, accuracy
or opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your own risk.
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Venue;
Applicable Law. YOU AGREE THAT ALL
ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS
AGREEMENT, OR YOUR USE OF THE SITE, SHALL BE LITIGATED IN THE RELEVANT COURTS
OF LAUTOKA IN THE REPUBLIC OF THE FIJI ISLANDS.
YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH
JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE
WAIVING ANY CLAIM THAT LAUTOKA, FIJI
ISLANDS IS AN INCONVENIENT FORUM OR AN
IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled
by NETMERCHANTS FIJI, LAUTOKA,
FIJI ISLANDS.
As such, the laws of the FIJI
ISLANDS will govern
the terms and conditions contained in this Agreement and elsewhere
throughout the Site, without giving effect to any principles of conflicts
of laws.
Privacy Policy
At qwillan.com (managed by NETMERCHANTS FIJI), your privacy is our priority. We
are committed to protecting your privacy at all times, in all situations. The
information we collect about you when you request a quote or sign up for our
services is used to process your orders and to provide a more personalized
experience on our site.
How Do We Use the
Information We Collect?
We will NEVER share your personal information with anyone.
Your name and address
information is used solely to process orders unless your prior consent is
given. Without your consent, this information will NEVER be sold, given, rented
or traded to others for purposes other than order /service fulfillment.
Your demographic information
(gender, date of birth, etc.) will be used for several security purposes, to ensure
you are who you say you are and in fact you are paying with your credit cards
and not someone using your stolen credit cards.
Refer-A-Friend
If you choose to use our referral service to tell a friend about our site, we
will ask you for your friend's name and email address. We will automatically
send your friend a one-time email inviting him or her to visit the site. qwillan.com
does not store this information and uses it for the sole purpose of sending
this one-time email.
Our Use of Log Files
When you visit our site we automatically log your IP address, your browser type
and your access times. We utilize this information to conduct site performance
evaluations, to see where visitors are coming from and to keep track of click
stream data (the screens our users visit on our site). This data helps us to
determine what content our members find most appealing so that we can maximize
your enjoyment of the site. Log files are not tied to personally identifiable
information.
Site Security
All NETMERCHANTS FIJI
employees take your personal information very seriously. All employees must
learn and obey our security policies. Access to member personal information is
limited to the manager and our member services department. The information is
ID and password protected and our Web security is reviewed on a monthly basis.
Links To Other Sites
This Web site contains links to other Web sites. Please note that when you
click on one of these links, you may be leaving the qwillan.com site and
entering another Web site. These sites may independently collect or request
information about you and we encourage you to read the privacy statements of
these linked sites as their privacy policy may differ from ours.
Communication
From time to time we may send out email messages alerting you that products are
available, to remind you about providing feedback or for promotional offers. In
addition, you will receive communication from us 1) if you contact us for a
particular reason, 2) to receive your orders, or 3) we need to contact you for
administrative purposes such as winning a contest. Administrative e-mails will
not contain promotional materials. If you choose to receive our News Letters,
they will contain promotional materials from qwillan.com
Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose
personal information when required by law wherein we have a good-faith belief
that such action is necessary to comply with a current judicial proceeding, a
court order or legal process served on our Web site
Supplementation
We may correct or supplement your address information with standardized postal
representation in order to ensure that your orders are delivered. We do this
since we want to make sure that our members receive the order and to lower
costs associated with our programs.
Our Use of Cookies
Cookies are pieces of information that your browser stores on your computer's
hard drive which identify you when you enter. We may use session cookies to
provide a seamless experience on the site and to combine with our log files so
that we can understand our site traffic and analyze our demographic information
in aggregate form. If you have set your browser to reject cookies, our site
will not identify you when you enter and you will need to manually type in your
ID and password.
Your Feedback is Always
Welcome
We welcome your comments and questions about our privacy policy - or anything
else you might want to talk about. To contact us click
here
NETMERCHANTS FIJI
PO. Box
571,
Lautoka,
Fiji Islands
Refund Policy
Web Hosting Accounts
All newly purchased web hosting accounts are covered by a
30 day money back guarantee. Should you become dissatisfied with our services at any point
within the first 30 days of holding an active account, we will refund your money in full unless
otherwise specified at, or prior to, the time of purchase. Notification of your intent to
cancel your web hosting account must be given prior to the 31st day of your contract.
Web Hosting Renewals
Refunds for web hosting account renewals will be granted to customers requesting a
cancellation of their service no later than 10 days after the renewal date. No exceptions will be made to this policy.
New Domain Name Registration
All newly purchased domain names are final sale at the time of purchase. You
are the sole owner of any domain names registered through our services upon payment in full. Should
you decide to leave our service for another provider, domain names are transferable and therefore not
subject to refunds. Changes to registered domain names (incorrect spelling, etc...) can be requested
no later than 48 hours after the time of purchase. qwillan.com offers no guarantee on the status of
requested changes to domain names.
Domain Name purchases are subject to refunds under one condition only. If the domain name requested
is currently registered by another individual, you will be given the choice of receiving a refund in full
for the purchased domain name or a credit to put towards either the purchase of another domain name or some
other qwillan.com service.
Domain Name Renewals
At no point will qwillan.com automatically renew a domain name on behalf of a customer.
Customers will receive notification of a domain name's pending expiration prior to the expiration date. It is the
customer's responsibility to respond to the notification and inform us if you want your domain name renewed. No refunds will be granted for domain name renewals under any circumstances
Website Design and Development
All newly purchased web design services are covered by a
30 day money back guarantee. Should you become dissatisfied with our services at any point
within the first 30 days of your website going live, we will refund your money less a 10% processing fee unless
otherwise specified at, or prior to, the time of purchase. Notification of your intent to
cancel your web hosting account must be given prior to the 31st day of your contract.
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