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User Agreement, Disclamer, Privacy Policy, Preferred Associates, Security Policy etc.

"Australian Natural Floorcoverings" (hereafter referred to as "ANF") is a business enterprise based in Sydney, Australia and operated by Dennis Monamy. ANF provides a range of services online through www.NaturalFloorcoverings.com and www.NaturalFloorcoverings.com.au, (hereafter referred to as the "Web Site") the Web Site is promoted by www.Madog.com (hereinafter referred to as "Madog Media") and is carrying out its activities in the name and style desired by ANF.

This Agreement means and includes, user agreement, disclaimer, privacy policy, Preferred Associate (BA), Preferred Installer (PI), security policy, access terms and any and all other terms, conditions and rules that may be published or displayed from time to time by ANF on the Web Site or on any other link as designated in the user agreement, including each amendment, alteration, modification or supplementation of any and all of the foregoing.

TERMS AND CONDITIONS:

Role of ANF

Through the Web Site's designed by Madog Media, ANF provide a virtual trading platform related to the Soft and Hard Floorcovering Industrial, aimed at Interior Designers, Architects, Builders and Home renovation Industry. It is a enterprise, which facilitates trading and exchange of information and provides data and contents regarding BA(s) around the world, various details related to direct and derived from the furnishings industries. An electronic commercial web site, which provides a virtual platform for trade, knowledge and information to consumers, manufacturers, agents and dealers, mainly belonging to the, Soft and Hard Floorcoverings as well as the Industrial and Domestic Interior Décor industry.

Business Associates - BA(s)

This Agreement (as defined below) describes the terms and conditions on which ANF offers the said services through its Web Site. By clicking the button, " I agree " in the registration application forms and by accessing or using the services thereafter, the Preferred Associate (hereafter referred to as "BA") are deemed to have accepted the agreement and agreed to be bound by each of its terms. You are deemed to have read this agreement every time you use these services. Subject to specific agreements to the contrary with any BA, the Web Site is merely a venue, where ANF "the Principal Contact" may offer to pass on or sell a BA a contact that agrees to buy a service and or products or ANF may simply pass over the contact to the BA, (where the BA and the buyer(s) come together and enter into deals relating to common products). The Web Site is in no way involved in the actual transactions arising between the Buyers and the Sellers. Hence the Web Site has no control and cannot guarantee or confirm the authenticity, quality, safety or legality of the Product(s) advertised by the BA, the truth, ability or accuracy of the BA(s) to offered and or sell their Product(s) or the ability of the Buyers to buy the Product. The Web Site cannot and does not confirm the identity of each Buyer and Seller and hence cannot and does not, give guarantee of their credit worthiness or trustworthiness or reliability on the information provided by them. The BA agrees to undertake the risk and bear the loss or damage caused while dealing with others acting under false pretence. The association of BA (s) or Buyers on the Web Site is not an indication of their credit worthiness or trustworthiness. The Web Site cannot and does not control or guarantee the fulfillment of any transaction, in any manner whatsoever, the completion of the sale by the BA(s) the Products, which they offer, or the completion of the purchase by the Buyers, of the Products, which they are making inquiries.

BA Registration

In order to use this services provided by the Web Site, the User must first register through this Web Site to become a "BA". Registration is presently free. Once registered, the BA will be allowed to change their account details, only through the use of their, User-ID and Password supplied by during registration. Hence, it is the User's sole responsibility to ensure the security and privacy of the same. In the event that ANF charges a "Registration" or "Successful contract" fee (hereafter referred to as the "BA fee"), the BA fee will be charged in $AU currency, any BA(s) have the option to discontinue using the Service at any time.

Preferred Installer - PI(s)

This Agreement (as defined below) describes the terms and conditions on which ANF offers the said services through its Web Site. By clicking the button, " I agree " in the registration application forms and by accessing or using the services thereafter, the Preferred Associate (hereafter referred to as "PI") are deemed to have accepted the agreement and agreed to be bound by each of its terms. You are deemed to have read this agreement every time you use these services. Subject to specific agreements to the contrary with any PI, the Web Site is merely a venue, where ANF "the Principal Contact" may offer to pass on or sell a PI a contact that agrees to buy a service and or products or ANF may simply pass over the contact to the PI, (where the PI and the buyer(s) come together and enter into deals relating to common products). The Web Site is in no way involved in the actual transactions arising between the Buyers and the Sellers. Hence the Web Site has no control and cannot guarantee or confirm the authenticity, quality, safety or legality of the Product(s) advertised by the PI, the truth, ability or accuracy of the PI(s) to offered and or sell their Product(s) or the ability of the Buyers to buy the Product. The Web Site cannot and does not confirm the identity of each Buyer and Seller and hence cannot and does not, give guarantee of their credit worthiness or trustworthiness or reliability on the information provided by them. The PI agrees to undertake the risk and bear the loss or damage caused while dealing with others acting under false pretence. The association of PI (s) or Buyers on the Web Site is not an indication of their credit worthiness or trustworthiness. The Web Site cannot and does not control or guarantee the fulfillment of any transaction, in any manner whatsoever, the completion of the sale by the PI(s) the Products, which they offer, or the completion of the purchase by the Buyers, of the Products, which they are making inquiries.

PI Registration

In order to use this services provided by the Web Site, the User must first register through this Web Site to become a "PI". Registration is presently free. Once registered, the PI will be allowed to change their account details, only through the use of their, User-ID and Password supplied by during registration. Hence, it is the User's sole responsibility to ensure the security and privacy of the same. In the event that ANF charges a "Registration" or "Successful contract" fee (hereafter referred to as the "PI fee"), the PI fee will be charged in $AU currency, any PI(s) have the option to discontinue using the Service at any time.

Use of Web Site

ANF agrees to use the Web Site only for lawful purposes. The person sending information or registering for as a BA/PI, is required / deemed to be authorised to use his real name and provide accurate information during the registration process with the Web Site and using these services is at the sole discretion of ANF. It is also at the sole discretion of the Web Site, to instantly remove any BA/PI that make or present any unlawful, defamatory, libelous, obscene, abusive, threatening, racially offensive, or otherwise objectionable material of any kind to any contact or lead instigates to a BA/PI, including, but not limited to giving rise to civil liability or to otherwise violating any applicable law. The BA/PI shall be solely responsible for ensuring that they do not used any contact(s) in any manner as stated above or which constitutes or forms a part of a course of conduct, amounting to a violation of any state, federal or other applicable laws. The BA/PI covenants and agrees to defend, indemnify and hold harmless, ANF, its subsidiaries, affiliates, officers, agents and employees, from and against, any and all expenses, loss and damage anticipated or confirmed resulting from, arising out of or related to any breach of any of the foregoing provisions of this agreement by virtue of the use of BA/PI's Account and also covenants and agrees to pay or reimburse ANF for any and all such aforesaid loss and damages. Any amounts payable to ANF under this Clause shall be paid on demand. Registration of a BA/PI may be revoked by ANF at any given point of time, for any reason whatsoever.

Trademark/ Copyright

The User of the Web Site expressly acknowledges that the content and graphics on this Web Site is designed and or submitted by Madog Media. This Web Site contains the domain names, trademarks, copyrights and patents of ANF as well as of third parties. All such domain names, trademarks, copyrights and patents are the intellectual property of their respective companies and any user will be held liable for any infringement of the same.

Links to Third Party Sites

As a convenience to its Users, ANF may provide, on its Web Site, links to Web sites operated by other entities. If you use these sites, you will leave ANF's Web Site but the third party site may load inside of the parent frame. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Web Site makes no warranty or representation regarding third party Web Sites and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that ANF or the Web Site, endorsers or is affiliated to or associated with or is legally authorised to use any domain name, trademark, trade name, logo or copyright symbol displayed on or accessible through the links or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of ANF or any of its affiliates or subsidiaries. ANF is not responsible for the content or privacy policies of any linked sites.

Privacy Policy

The User's privacy matters to ANF and hence all efforts will be made to ensure the same to the fullest extent. ANF agrees and confirms not to sell, trade, distribute, disseminate or share any information of its Users with any third party without their approval, with the following exceptions:

1. To conform to any legal requirements or to comply with any legal process.

2. To enforce the terms of any User agreement.

3. To protect the rights, property or safety of the Web Site, it's Users or others.

4. To disclose in good faith any information, to correct any information, which ANF believes to be false or misleading or to address activities that ANF believes to be manipulative, deceptive or fraudulent.

5. To provide aggregate statistics about its customers, sales, traffic patterns and related site information to reputable third-party vendors without disclosing any such information, which will identify any of its Users personally.

6. To send mailers to various registered/unregistered customers, utilising the brand name/Enterprise name/statistical details and details of the trade leads posted by the users.

7. ANF holds the liberty to change the contents of the web site, thereby bringing changes to the advertisement/Enterprise names and their respective brand names, unless until agreed by both the BA/PI and ANF.

Security

ANF places utmost importance on protecting information and therefore has undertaken security measures, to protect the loss, misuse and alteration of the information under its control. These include firewall protection, password encryption and restricted server access.

However, ANF cannot and does not guarantee that any electronic commerce is totally secure and hence urges all its users to exercise caution while using its Web Site.

Disclaimer

"ANF" does hereby make this disclaimer in respect to its "Web Site" as herein below listed -

1. The user agrees that the use of any service provided by the Web Site is entirely at their own risk. The service provided is "as is" and is without warranty or responsibility of any kind, either expressed or implied.

2. ANF does not warrant, confirm or guarantee that any and all material or information, provided by the Users, Buyers, Sellers or any third party, as displayed on its Web Site does not violate or infringe any right of any third party.

3. ANF does not warrant the accuracy or totality of the materials displayed on or of any opinion, advice, statement, memorandum or information disseminated or distributed by the Web Site. The User acknowledges that any reliance on the information of the materials displayed on or any reliance on any such opinion, advice, statement, memorandum, or information as disseminated by the Web Site shall be at the BA/PI's sole risk and ANF will not be liable for any loss or damage caused due to such reliance. ANF disclaims all warranties including the implied warranty of merchantability and fitness of Product for a particular purpose.

4. ANF does not warrant that, the functions as contained on the Web Site will be uninterrupted or error-free, the defects will be corrected or that the Web Site or the server is free from viruses or such other harmful components.

5. ANF does not warrant or represent any information pertaining to any product listed, on the Web Site in terms of their accuracy, reliability, breadth, depth, presentation, availability, timeliness, accessibility and/or otherwise.

6. ANF makes no representation or warranty regarding the standing, creditworthiness or otherwise of any person, firm, Enterprise, etc. Dealing through the Web Site or the information and the suitability of such information, as provided by such person, firm, Enterprise, etc.

7. Any description, reference, information or publication of any product or service on this Web Site does not imply endorsement of that product or service by the Web Site.

8. ANF is not liable for any loss or damage caused to the User due to any incorrect information or material provided by other Users or third party while registering themselves on the Web Site.

9. ANF is not liable for any expense, loss or damage caused due to any non-performance or contractual breach on the part of the Seller or the Buyer dealing through its Web Site, including but not limited to delivery, quantity, user, product liability of the like.

10. ANF is not liable for any loss or damage caused on account of breach of any laws or statutory obligations applicable to either the Buyer or Seller, related to any transactions entered into between the Users through its Web Site.

11. ANF is not liable for any loss or damage caused by reason of use of any incorrect, faulty or damaged products advertised on the Web Site.

12. ANF will not be liable for any loss or damage caused on account of any misuse of the User's account.

13. ANF is not liable or responsible for the payment of any levies, taxes or duties of any nature whatsoever in respect of the transaction, transportation or transfer of property consequent to the transaction. The responsibility to pay all such levies, taxes and duties and all connected procedural compliance will be the responsibility of the relevant parties transacting on the Web Site.

14. This disclaimer of liability applies to any and all damages, loss or injury caused by any floods, wars, acts of God, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorised access, alteration or use of record, in any way relating to or arising out of the service or the attempted use thereof or any transactions between Users, whether for breach of contract, tortuous behaviour, negligence (whether of ANF or otherwise) or under any other cause of action.

15. Neither ANF nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special, circumstantial or consequential damages arising out of any and all transactions done through the Web Site, the use of the service or the inability to gain access to the service.

16. Without in any way limiting any other provision contained herein, the User agrees that in no event shall ANF or its Officers, Directors, Owners, Administrators, independent Contractors, Employees, Agents or affiliates be liable and each User shall indemnify such persons from all and any damage, liability or expense that the User (or any other person claiming through the User) may suffer by reason of, arising out of or related to the use of this Web Site or its services, any transaction with the Users (including without limitation any User buy and/or sale arrangements), the covered products and any information appearing on or through the Web Site, regardless of whether such loss, damage, liability or expense results directly or indirectly from negligence.

17. Notwithstanding the foregoing or any other limitations on the liability set forth in this agreement, if a BA/PI becomes entitled to any monetary recovery, each BA/PI agrees that the recovery shall be limited only to the amount of any BA/PI fees or payments made to ANF by such BA/PI by reason of the use of the service.

18. The BA/PI hereby acknowledges that the provisions of this section shall apply to any and all contents on the Web Site.

19. In addition, each user or BA/PI indemnifies ANF and its officers, directors, owners, administrators, independent contractors, employees, agents and affiliates for and from any loss or damage, by reason of, in any way relating to or arising out of:

(a) The user or BA/PI's use of the Web site or its services and any violation of any law, rule or regulation, arising out of or related to such use;

(b) Any claim or dispute which may arise from a breach of Terms of the Agreement or from any dispute which may arise between the user and or BA/PI's;

(c) The user or BA/PI's violation of ANF's policy in force from time to time.

ANF's Rights

1. ANF reserves the right, in its sole discretion, to select BA/PI's and to refuse Registration or service to the Web Site, to any person or entity for any reason or for no reason whatsoever.

2. ANF also reserves the right, in its sole discretion, to terminate immediately and without notice, the Registration of any User, who in ANF's opinion has misused the services, offered by the Web Site or has failed to comply with any terms or conditions of this Agreement.

3. ANF, may, in its sole discretion and without prior notice, modify, supplement or discontinue any portion of the Web Site, including, but not limited to,

i. Restricting the hours or dates of access to the Web Site, and

ii. Restricting or terminating any User's right to access or use the Web Site or any portion thereof.

4. ANF reserves the right, in its sole discretion, to add any fees or charges for the access or the use of the Web Site at any time and also to modify the same from time to time, which would be effective immediately, from the same being posted on the Web Site or from the transmittal of a written notice of the same to the Users, whichever is earlier.

5. ANF reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site.

6. ANF reserves the right, in its sole discretion, to make any modifications or alterations to the materials, products, programs, services or prices (if any) as described on the Web Site, at any point of time and without prior notice.

7. ANF, in its sole discretion, may, at any time and from time to time and in any manner, modify this Agreement and insert therein, such additional terms and conditions, as ANF deems fit for governing the access and the use of the Web Site. Any such modification or addition will be effective immediately (on the date) upon it being posted on the Web Site or upon the transmittal of a written notice thereof to the User, whichever is earlier.

Any controversy involving ANF, arising from or in any way related to this Agreement or the use of the services of the Web Site, shall be submitted for arbitration, to be conducted in accordance with the laws of Australia.

 
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