Nothing you do on or in relation to the Website will transfer to you: (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Fanmaster; or (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process). You may not, without the prior written permission of Fanmaster and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose.
This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.9.
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This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. Fanmaster is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Fanmaster, by third parties or by any of the Purchase Services offered by Fanmaster. You acknowledge that Fanmaster does not provide the Delivery Services to you and you agree that Fanmaster will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.12. The Terms will continue to apply until terminated by either you or by Fanmaster as set out below. If you want to terminate the Terms, you may do so by: (a) notifying Fanmaster at any time; and (b) closing your accounts for all of the Purchase Services which you use, where Fanmaster has made this option available to you.
Your notice should be sent, in writing, to Fanmaster via the ‘Contact Us’ link on our homepage. Fanmaster may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) Fanmaster is required to do so by law; (c) the partner with whom Fanmaster offered the Purchase Services to you has terminated its relationship with Fanmaster or ceased to offer the Purchase Services to you; (d) Fanmaster is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or (e) the provision of the Purchase Services to you by Fanmaster is, in the opinion of Fanmaster, no longer commercially viable. Subject to local applicable laws, Fanmaster reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Fanmaster’s name or reputation or violates the rights of those of another party. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Fanmaster have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.13. You agree to indemnify Fanmaster, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or (c) any breach of the Terms.14. Compulsory: a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort). Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must: (a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; (b) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australia Mediation Association or his or her nominee; (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing.
You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.6. Fanmaster’s Products come with guarantees that cannot be excluded under the Australian Consumer Law.
You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim. The Warranty shall be the sole and exclusive warranty granted by Fanmaster and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.7. You acknowledge that the Purchase Services offered by Fanmaster integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’). In providing the Purchase Services, Fanmaster may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers.