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Terms & Conditions
1. Definitions
For the purposes of these Terms and Conditions:
“4Real Group International Pty Ltd” includes 4Real Group International Pty Ltd (ACN 124 610 144) and each of its officers, directors, employees and agents.
“Content” means any material and/or information including, without limitation, text, video, graphics, images, logos, button icons and audio published on this site, with the exception of Your Information and Member Information.
“Intellectual Property Rights” means all intellectual property rights conferred by law including (without limitation):
(a) patents, designs, formulas, plans, specifications or other documents created in connection with the Business;
(b) copyright, trademark, trade business, company names, business names, websites, URLs or email addresses; and
(c) all other proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967).
“Member” means any individual over the age of 18 years (or the age of adult in your location if the age of adult is higher than 18 years) who has successfully completed the membership application form available on this site.
“Member Information” means information posted on this site by users of the site and includes information which 4Real Group International Pty Ltd (4Real) may provide directly to you but which has been posted or provided to 4Real by other users of this site.
“Pricing Policy” means the 4Real pricing policy available on the site.
“Proscribed Relationship” means any of the following relationships:
(a) principal and independent contractor;
(b) joint venturers;
(c) partners;
(d) trustee and beneficiary; or
(e) employer and employee.
“Service” means the service provided by 4Real to the Members available on this site.
“Terms and Conditions” means these terms and conditions.
“Your Information” means any information you provide to 4Real or other users in posting your profile on this site and corresponding with other members.
2. Your use of this Site
2.1. Access to and use of this site is provided by 4Real subject to the following Terms and Conditions. If the Terms and Conditions are not accepted in full, your use of this site may be terminated immediately.
2.2. By using this site you agree to be legally bound by these Terms and Conditions as of the date of your first use of this site.
2.3. 4Real reserves the rights to change these Terms and Conditions at their discretion and without notice. Your continued use of this site after changes are posted constitutes your acceptance of the Terms and Conditions as updated and/or amended.
2.4. 4Real may alter, suspend or discontinue any aspect of the services provided by this site at any time. 4Real may impose limits on or restrict your access to any part of this Service at any time, without notice or liability.
2.5. You agree to use this site for lawful purposes only, and in a manner which does not infringe the rights of, nor restrict or inhibit the use and enjoyment of this site by any third party. Without limiting the foregoing you must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or its Content.
2.6. If you become aware of any use of this site which you think is not complying with these Terms and Conditions you should contact 4Real.
3. Membership Eligibility
3.1. You must be able to form legally binding contracts to use this site. Our services are not available to persons under 18 years of age (or the age of adult in your location if the age of adult is higher than 18 years) or otherwise legally prohibited from entering into binding contracts.
3.2. You will not permit any person(s) under 18 years of age (or the age of adult in your location if the age of adult is higher than 18 years) to have access to any of the material contained on this site.
3.3. Membership of this site gives you the ability to create one member profile per email address only.
4. Code of Conduct
4.1. You agree to use this site in accordance with the following code of conduct:
(a) You will keep all information provided to you through this site as private and confidential and will not disclose any of that information to anyone without the permission of the person that provided it to you;
(b) Your Information will not be false or inaccurate;
(c) You will not post or transmit in any manner any personal contact information including, but not limited to, email addresses, telephone numbers, postal addresses or full names, through your publicly posted information;
(d) You will not use the Service to infringe on the personal rights, property rights or any others rights of any person;
(e) You will not use this site to engage in any form or harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain nudity or defamatory, obscene, offensive or unlawful language or images;
(f) You will not forward chain letters through this site;
(g) You will be courteous and polite to other Members and not be rude, abusive or disparaging of them;
(h) You will not use this site to distribute, promote or otherwise publish any material including, but not limited to any solicitation for funds, advertising or solicitation for goods or services;
(i) You will not use this site to distribute or upload destructive features such as viruses, worms, Trojan horses, bots or other computer programming routines that may damage, modify, delete or be disruptive to online communication; and
(j) You will not create liability for 4Real or cause 4Real to lose (in whole or in part) the services of its ISPs or other suppliers.
5. Legal Compliance
5.1. You shall comply with all laws, polices and regulations which are in any way applicable to your use of this site.
5.2. Without limiting the effect of clause 5.1 you will not:
(a) Post or otherwise distribute messages, pictures or recordings or use the site in any way which:
(i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, including other intellectual property rights; or
(ii) is fraudulent, misleading or otherwise unlawful or violates any law.
(b) use this site in connection with any commercial endeavours which may be illegal or unauthorised;
6. Privacy
6.1. Use of this site is governed by 4Real’s Privacy Policy.
6.2. 4Real will not knowingly disclose any personal contact details (including surnames) to any other Member or any other third party for any reason, at any time, unless required under law.
6.3. As part of the Service 4Real may, from time to time, email your publicly available information to other Members of the Service where 4Real believe that you may meet their pre-selected search criteria.
6.4. You are solely responsible for Your Information and the security of your user name and password.
7. Fees
7.1. Members of the Service are required to purchase subscription packages in order to use any paid features of the Service. See the Pricing Policy for a description of subscription packages.
7.2. Members may purchase various subscription packages by credit/debit card, PayPal or BPAY.
7.3. You are responsible for paying all applicable taxes in connection with the purchase of the subscription packages.
7.4. Once 4Real have confirmed receipt of your payment 4Real will credit your account with the relevant subscription package purchased. subscriptions are subject to an expiry period, as set out in the Pricing Policy, and any expired subscriptions are non-refundable.
7.5. 4Real reserves the right to change the Pricing Policy at any time, without notice and at its sole discretion by posting changes to the fees and charges in the Pricing Policy available on this site. 4Real also reserves the right to change the method and manner in which it charges Members or the method of payment, which is acceptable to it, at its sole discretion. Such alterations become operative from the date declared or in the case of existing users upon expiry of their current registration.
7.6. You are responsible for any fees and charges required to be paid to access the Service through an Internet Service Provider or any other third party, included but not limited to telephone charges
7.7. [YOU ARE REPSONSIBLE FOR ANY AMOUNT BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHETHER AUTHORISED BY YOU OR NOT!!]
8. Automatic Renewal of Membership
8.1 4Real’s financial gateway provider, will retain your credit card details and automatically debit your credit card on expiry of your membership to automatically renew your membership for the same term as your expired membership.
8.2 If you wish to make changes to or stop the debiting arrangements you can do so by accessing 'My Subscriptions' section of the website and selecting either, 'Cancel Recurring Payments' or 'Cancel your Gold Account' options.
8.3 4Real will provide you with 30 days notice of any changes it plans to make to the amount or frequency of your payments.
8.4 It is your responsibility to ensure that you advise 4Real if any changes to your credit card information, including expiry date and number.
8.5 If your drawing is returned or dishonoured by your financial institution we will endeavour to contact you requesting payment. If 4Real have not received payment it will re-draw these funds again. Transaction and administrative fees will be charged to your account in the case of any failure to satisfactorily draw against your credit card. 4Real will not accept any bank charges levied by your financial institution for rejected transactions.
8.6 Should you wish to discuss these arrangements, including any possible disputed amounts, please contact 4Real on the address detailed in condition 18.1 or your financial institution direct.
9. Proscribed Relationship
No term of these Terms and Conditions is to be construed so as to give rise to a Proscribed Relationship and you must ensure that you do not conduct yourself so as to hold out, or otherwise represent, that a Proscribed Relationship exists.
10. Limitation and Disclaimer of Liability
10.1. 4Real has compiled the Content of this site in good faith and has attempted to ensure that all information is accurate at the time of inclusion. However the Content of this site may include inadvertent and occasional errors and is provided “as is,” without any representation or endorsement being made and without any express or implied warranties of any kind.
10.2. 4Real cannot guarantee and assume no responsibility for verifying the accuracy of Member Information or any third party information published on this site or contained in the sites eMagazine.
10.3. 4Real does not represent that the site or its Content is error-free or virus-free or that your access to the site will be uninterrupted.
10.4. In no event will 4Real be liable for any damages or losses whatsoever, whether in contract, at common law or in equity or on any other basis, arising from:
(a) your use of this site and its Content or inability to use this site;
(b) the Service; or
(c) these Terms and Conditions.
10.5. 4Real cannot control all Content published or disseminated on this site and does not assume responsibility for the content of messages sent by Members. You release 4Real from any and all liability in connection with the contents of other Members communications.
10.6. In the event that you have a dispute with another Member of this site you release 4Real from and against any claims, actions or demands, including without limitation reasonable legal fees, arising out of or in any way connected with such disputes.
10.7. You agree to defend, indemnify and hold harmless 4Real and any third parties mentioned in this site from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of this site and the Content or your breach of these Terms and Conditions.
11. No Warranties
11.1. Except as expressly provided to the contrary in these Terms and Conditions and to the maximum extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise, relating in any way to the provision of the Service are excluded.
11.2. To the extent that the warranties implied under the Trade Practices Act 1974 (Cth) apply to the provision of the Service, the liability of 4Real for any loss arising as a result, will be limited, to the maximum extent permitted by law, as follows:
(a) The supply of the Service again; or
(b) The payment of the cost of having the Service supplied again.
11.3. You warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of 4Real which has not been stated expressly in these Terms and Conditions or upon any descriptions or illustrations or specifications contained in any document including any presenters or publicity materials produced by 4Real.
12. Advice Columnists
The Service may give messages, advice or opinion on relationship issues. Any of these messages, advice or opinions are for entertainment purposes only and should not be intended specific advice for any particular circumstance and do not constitute counselling of any kind. If you are experiencing personal problems and wish to receive personal advice, 4Real urges you to consult a qualified counsellor.
13. External Links
This site may contain links to other websites. We have no responsibility or liability for the availability or accuracy of any of these links. Please review the privacy policies and the terms and conditions of these links prior to using them.
14. Disclosure and Other Communication
4Real reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service and may contact you by telephone or mail regarding the Service or related products and services.
15. Intellectual Property
15.1. All Content on the site is the copyright of 4Real and all intellectual property rights in the Content belong to 4Real. Nothing contained in these Terms and Conditions or on this site shall be interpreted as conferring any licence or right to use any trademark, design right or copyright of 4Real or any other third party.
15.2. Commercial use or publication of any Content is strictly prohibited without the written consent of 4Real. You must not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content from this site to a third party or use or display the Content on any other site, without first obtaining the written consent of 4Real.
15.3. You must not adapt, alter or create a derivative work from any of the sites Content without the written consent of 4Real.
15.4. You grant 4Real a non-exclusive fee free licence to use such parts of Your Information as are reasonably necessary for 4Real to provide you with the Service.
16. Breach
16.1. Without limiting any other remedies available to 4Real at law or in equity 4Real may, at its sole discretion, issue a warning, suspend or terminate your membership if:
(a) you breach these Terms and Conditions or the Privacy Policy;
(b) you are suspected or found to have engaged in inappropriate or fraudulent activity in connection with the use of this site;
(c) 4Real are unable to verify or authenticate any information you provide to them; or
(d) 4Real believe that your actions may result in legal liability.
16.2. If your membership is suspended or terminated in accordance with clause 17.1 any unused credits are automatically and immediately forfeited.
17. Termination
17.1. 4Real may, without reason, terminate your access to the site without notice.
18. Administrative
18.1. Any notices, queries or complaints regarding this site or the supply of the Service should be forwarded to:
4Real
Address: Level 7, 111 Devonshire Street, Surry Hills NSW, Australia 2010
Email:
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or
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18.2. The law in force in the State of New South Wales governs these Terms and Conditions. You:
(a) submit to the exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions; and
(b) may not seek to have any proceedings removed from the jurisdiction of New South Wales on the grounds of forum non conveniens.
18.3. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptant d’un commun accord que la presente entente soit redigee en anglais.
18.4. [THE PARTIES SPECIFICALLY AGREE THAT THIS AGREEMENT, IN ALL ITS ASPECTS AND IN ITS ENTIRETY DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF THE STATE OF NEW SOUTH WALES, AUSTRALIA].
18.5. The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the parties to be bound by the waiver.
18.6. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid or enforceable, and is otherwise capable of being severed to the extent of the invalidity or enforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

