Please take the time to read these terms and conditions. By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions. If you purchase products through our Website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.
Definitions
Services means website or database development, web hosting and consulting. the Website means the website https://gabrielwebsolutions.com.au We / Us etc means SIMPLYWORDPRESS.SYDNEY and any subsidiaries, affiliates, employees, officers, agents or assigns.
Accuracy of content
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
Use
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions. You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
Passwords and logins
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
Indemnification for loss or damage
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights
We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:
hello@chevrontechnologies.com.au
Trademarks
The trademarks and logos contained on this Website are trademarks SIMPLYWORDPRESS.SYDNEY. Use of these trademarks is strictly prohibited except with Our express, written consent.
Links to external websites
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Limitation of Liability
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
Information Collection
Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.
Confidentiality
All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in New South Wales.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
Ineligible businesses and sites
Our goal is to help small businesses succeed online. For those customers looking for professional help we offer ‘do it for me’ services to help manage their WordPress websites. While our skills are broad, there are a few types of businesses we do not build sites for.
Sites/Stores Must:
Be appropriately licensed and compliant with all local laws for the jurisdictions in which they do business.
Adhere to mailing guidelines and policies set forth by the USPS and/or respective shipping companies.
Prohibited Sites/Stores:
Illegal items and items that encourage, promote, facilitate, or instruct others to engage in illegal activity
Controlled substances and illegal drugs (including prescription drugs)
Sale or advertisement of electronic cigarettes (“e-cigarettes”) and Electronic Nicotine Delivery Systems (including, e-hookah, vape pens, advanced refillable personal vaporizers and electronic pipes) (collectively referred to as “ENDS”) pre-loaded with a tobacco or a tobacco-derived substance.
Adult sites and services, and related offensive material such as pornography and escort sites (See below for Adult themed allowances.)
Credit or debit cards (active or inactive)
Domain names
Sites selling stolen or unauthorized items, including counterfeit products such as copies of movies (VHS, DVD, etc.), software, and other trademarks
Products that have been recalled by the Consumer Product Safety Commission (CPSC)
Hatred & Intolerance: We do not allow the promotion of content that incites or endorses hatred against others. Content that inappropriately discriminates against a person or group or that seeks to intimidate, exploit, or humiliate others.
Sale of weapons, gunpowder and other explosives.
Adult themed allowances
Can Include
Cannot Include
Adult toys for sale
Site that displays pornography
Informational site for a strip club (cannot include nude imagery)
Site that solicits sexual activities (e.g. escort site with services listed)
Informational site for an adult store (cannot include nude imagery)
Site that is selling used undergarments
Nude imagery as it pertains to art (images of the statue of David)
Imagery of adult products being used
Nude imagery as it pertains to the medical field (breast before and after images for a breast cancer specialist)
Nude imagery (this does not include nudes used for medical sites or art)
Marijuana themed allowances
Can Include
Cannot Include
Informational site for a dispensary, including imagery of marijuana
Sale of Marijuana
T-shirts or swag items with marijuana leaf images
Sale of products that contain THC as an ingredient
Items for sale made from hemp (e.g. cloths, rope)
Sale of paraphernalia (e.g. bongs, pipes)
Prices for marijuana, paraphernalia, and products that contain THC or CBD oil, as along as sales do not occur on the site
Sale of Cannabidiol (CBD) oil products (e.g. tinctures, vape juice, concentrates, edibles, etc.)
Note: In regard to a web store, you’re responsible for ensuring that any product posted for sale on your website is in compliance with all applicable laws and regulations where your items can be purchased. We reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited and/or cancel your Services.
Additional Plan information
Payment Schedule
Payment schedule as detailed in agreement.
Automatic subscription Direct Debit payment details are to be provided and must be completed and submitted with this signed agreement before work / project commences.
A failed Direct Debit payment fee of $9.79 will be charged if the automatic direct debit is declined.
The current agreed rate for this work agreement is based on the selected pricing package.
A ‘New Website’ you are agreeing to a 12 month minimum repayment term. The agreement can be discharged at any time by the customer upon full repayment of outstanding charges.
For ‘Existing Websites’ payments are due month to month at prescribed plan rates. This agreement is not binding and can be discharged at any time by the customer or service provider.
All payment plans are subject to change and price increases/decreases at any time.
Confidentiality
A party must not, without the prior written consent of the other, use or disclose the other party’s Confidential Information unless expressly permitted by this Agreement or required to do so by law or any regulatory authority.
Intellectual Property
The Supplier grants to the Customer a non-exclusive license to:
Use all existing and future Intellectual Property Rights in the Website including the Website Design and content provided under this Agreement for the purpose of the publication of the Website on the internet;
Consumer Guarantees: Services
Must be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage
Consumer Guarantees: Exceptions to Guarantees
Consumer guarantees do not apply if you:
– misused a product in any way that caused the problem
– knew of or were made aware of the faults before you bought the product
– asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted
Rights to a repair, replacement, refund, cancellation or compensation do not apply to items:
– worth more than $40 000 purely for business use, such as machinery or farming equipment
– you plan to on-sell or change so that you can re-supply as a business
– bought as a one-off from a private seller, for example at a garage sale or fete (but you do have rights to full title, undisturbed possession and no unknown debts or extra charges)
– bought at auction where the auctioneer acted as an agent for the owner (but you do have rights to full title, undisturbed possession and no unknown debts or extra charges)
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