TERMS OF SERVICES
1. Acceptance of Terms
Red-M Media Pty Ltd provides its service to you subject to the following Terms and Conditions (“T&C”), which may be updated by us from time to time without notice to you. You can review the most current version of the T&C at anytime at http://www.FlashMail.net.au/MiltonBlack/terms.php
2. Description of Service
Red-M Media Pty Ltd provides subscribers with access to various subscription FlashMail® Horoscopes. Red-M Media Pty Ltd agrees to send your subscription to your registered email address. Red-M Media Pty Ltd will not be held responsible for your ability to receive the sent email which contains your link to the web based section of the FlashMail® product.For your protection against spam and fraud the Milton Black horoscope(s) is a double opt-in and double opt-out service.
It is necessary to respond as required to all subscribe or unsubscribe confirmation messages in order to action your request(s).
Alternatively, you may contact us directly at http://www.FlashMail.net.au/MiltonBlack/contact.php in order to have your request manually actioned. Once subscribed you will continue to be subscribed and be sent your Milton black FlashMail® horoscopes and your credit card billed accordingly on a weekly basis until such time as you complete the unsubscribe process.
3. Your Registration Obligations
You agree to (a) provide true, accurate, current and complete information about yourself as prompted by Red-M Media Pty Ltd Registration Form and (b) maintain and promptly update this data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Red-M Media Pty Ltd has reasonable grounds to suspect that such information is untrue, in-accurate, not current or incomplete, Red-M Media Pty Ltd has the right to suspend or terminate your account and refuse any and all current or future use of this service.
4. Fees
Upon registration to our service, you will be charged the applicable fee as set out in Red-M Media Pty Ltd Registration form. For more information, go to http://www.FlashMail.net.au/MiltonBlack/subscribe.php. Some fees are subject to Australian Government Taxes. Some Australian Government Taxes can be waivered if you can prove that you are not an Australian Citizen or that you do not reside in Australia.
5. Payment and Security
Our online secure transaction partner for Red-M Media Pty Ltd is CardLink Pty Ltd. You can get information about CardLink Pty Ltd and their security policies by clicking here www.cardlink.com.au.
All credit card details are held on an encrypted sever to Red-M Media Pty Ltd and CardLink Pty Ltd staff access only. Please do not send your credit card details in an email.
6. Member Conduct
You agree to use this subscription for your own personal use only and not copy, on-sell, distribute or use any content in any form of advertising without the prior written consent of Red-M Media Pty Ltd.
You acknowledge that any unauthorised reproduction, publication, further distribution or public exhibition of the materials provided on Red-M Media Pty Ltd, in whole or in part, is strictly prohibited and may lead to legal action.
You acknowledge, consent and agree that Red-M Media Pty Ltd may access and preserve your account information and content if required to so by law or in a good faith belief that such access and preservation is reasonably necessary to: (a) comply with legal process; (b) enforce the T&C; of (c) respond to your request for customer service.
7. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Red-M Media Pty Ltd products provided to you through your subscription
8. Modifications to Service
Red-M Media Pty Ltd reserves the right at anytime and from time to time to modify or discontinue, temporarily or permanently, our service (or any part thereof) with or without notice. You agree that Red-M Media Pty Ltd shall not be liable to you or to any third party for any modifications, suspension or discontinuance of our service.
9. Termination
You agree that Red-M Media Pty Ltd may, under certain circumstances and without prior notice, immediately terminate your Red-M Media Pty Ltd account and access to our service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the T&C or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletion), (d) discontinuance or material modification to our service (or any part thereof), (e) unexpected technical or security issues or problems and/or (f) engagement by you in fraudulent or illegal activities.
Termination of your Red-M Media Pty Ltd account includes (a) removal of access to all offerings within our service, (b) deletion of all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of our service. Further, you agree that all terminations for cause shall be made in Red-M Media Pty Ltd sole discretion and that Red-M Media Pty Ltd shall not be liable to you or any third party for any terminations of your account or access to our service.
10. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Red-M Media Pty Ltd shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on our service.
11. Links
Red-M Media Pty Ltd may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Red-M Media Pty Ltd has no control over such sites and resources, you acknowledge and agree that Red-M Media Pty Ltd is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Red-M Media Pty Ltd shall not be responsible or liable, directly or indirectly, for any such damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Disclaimer of Warranty
You expressly understand and agree that:
Red-M Media Pty Ltd and its subsidiaries, affiliates, officers, employees, agents and partners make no warranty that (a) our service will meet your requirements; (b) our service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of our service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through our service will meet your expectations.
Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Red-M Media Pty Ltd or through or from our service shall create any warranty not expressly stated in the T&C.
A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using our service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your doctor prior to using our service. Immediately discontinue use of our service and consult your doctor if you experience any of the following symptoms while using our service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.
13. Limitation of Liability
You expressly understand and agree that Red-M Media Pty Ltd and its subsidiaries, affiliates, officers, employees, agents and partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Red-M Media Pty Ltd has been advised of the possibility of such damages), resulting from: (a) the user or the inability to use the service; (b) the cost procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from our service; (c) unauthorised access to or alteration of your transmission or data; (d) statements or conduct of any third party on our service; or (e) any other matter relating to our service.
14. Notice
Red-M Media Pty Ltd may provide you with notices including those regarding changes to the T&C by email, regular mail or postings on our service.
15. General Information
Entire Agreement.
The T&C constitutes the entire agreement between you and Red-M Media Pty Ltd and governs your use of our service, superseding any prior agreements between you and Red-M Media Pty Ltd with respect or our service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Red-m Media Pty Ltd services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms.
The failure of Red-M Media Pty Ltd to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your Red-M Media Pty Ltd account is non-transferable and any rights to your Red-M Media Pty Ltd access or contents within your account terminate upon your death. Upon receipt of a copy of death certificate, the provisions of Red-M Media Pty Ltd Refund Policy will be enforced. For more information on Red-M Media Pty Ltd Refund Policy, go to www.FlashMail.net.au/MiltonBlack/refund.php
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred. The sections of titles in the T&C are for convenience only and have no legal or contractual effect.
