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Terms of Use

Terms of Use Agreement _2014-09-20

Copyright (c) 2014/09/20 Think Website Marketing All Rights Reserved.

Understanding

By using this website and all Online and Offline Services [“OOS”]  including but not limited to websites, social media and enterprise as provided by the business Think Website Marketing (including affiliates) [“TWM”] you are agreeing to your full compliance with all the terms, conditions and notices contained or referenced herein (the ”Terms of Use Agreement”).

 

< If you disagree with any of these terms or conditions, do not use our websites or other services >

 

By using this website and OOS you agree that these Terms of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements, discussions and understandings of the parties with respect to that subject matter.

 

These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and an authorized representative of TWM.

 

To the extent that anything in or associated with this site or OOS is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

You agree that the information contained herein is on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchant-ability, or fitness for a particular purpose other than your statutory rights as provided by the Governing Law and Jurisdiction of the region [“GLJr”] as listed in the section “Governing Law and Jurisdiction” section.

 

Only fully competent adults may use our websites and OOS.  For you to use our websites and OOS you must be, by definition of both your local laws and the GLJr a fully competent adult.  By using our websites and OOS you maintain that you are a fully competent adult with the relevant authority to act for yourself or any group or business you are representing.

 

< If you are not a fully competent adult for the purposes stated above, do not use our websites or other services >

 

You further specify that you will not rely on such information and are yourself, solely responsible for determining the appropriateness of using such information provided on this website and OOS which are owned, operated or managed by TWM and assume any risks associated with doing so.

 

TWM expressly reserves the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the complete ”Terms of Use Agreement” from time to time and to familiarize yourself with any modifications. Your continued use of this site and OOS after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use Agreement.

 

You understand and accept that TWM will utilize their best abilities and judgment, as time and this agreement permit to provide quality work in a timely fashion and that management of OOS will be at the sole discretion of TWM.

 

We make various services available including, but not limited to, website and related marketing services and Lead Generation.  Lead Generation is characterized as a service provided by TWM wherein TWM maintains OOS to locate prospective customers and fees are charged for provision of the leads rather than the OOS itself.  Where you employ TWM to do Lead Generation you agree to pay for all such prospective customers [“Leads”], furthermore you understand Leads are not unique, nor are Leads themselves exclusive to yourself and TWM reserves the right to sell or use Leads it generates as it sees fit.   Unless you define what a prospective customer is, TWM defines a prospective customer as any person who responds to or shows an interest in relevant OOS.

 

Although OOS may be accessible worldwide, we make no representation that materials on this site or included within OOS are appropriate or available for use in all locations or people within the world.  Accessing this site from regions where such content is illegal or by persons who are not acting in accordance with local law, is prohibited. Those who choose to access OOS from such regions and in such a manner, do so on their own initiative and are responsible for compliance with local laws.  Any offer for any product, service, and/or information made in connection with OOS is void where prohibited.  Those who choose to order or use services or OOS from this site indemnify TWM and certify that their use complies with local laws and act at their own risk.

< If you are not a fully competent adult acting legally for the purposes stated above, do not use our websites or other services >

 

In any action to enforce these Terms of Use or that arise from your use or misuse of OOS, the prevailing party will be entitled to all legal costs and fees.  Any cause of action brought by you against TWM must be instituted within one year after the cause of action arises or be deemed forever waived and barred.  You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void.  We may freely assign our rights and obligations under these Terms of Use.  You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site or OOS, or make use of or access OOS for such purposes.  In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services and OOS arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, phone, modem, and Internet access (including payment of all fees associated with such access).

 

 

TWM expends effort to accurately represent our products, services and OOS and their potential.  No specific claims are made of actual earnings, or examples of actual results.  Such results are relevant to how other parties use effective strategies to implement success.

 

Where testimonials and examples are provided, they are used to illustrate exceptional results, which will not apply to you, and are not intended to represent or guarantee that one person or group will achieve the same or similar results.  Success will depend on relevant background, dedication, desire, motivation and the implementation of effective strategies.  You understand all business endeavours involve an element of risk and potential loss, there is no guarantee of an increase in profits and there always exists an inherent risk of the loss of capital.

 

We reserve the sole right to either modify or discontinue the site, your account or OOS, including any of the features, at any time with or without notice to you.  We will not be liable to you or any third party should we exercise such right.  Any new features that augment or enhance the then current OOS shall also be subject to these Terms of Use.

 

OOS may have limited storage capacity, including mailboxes. If you exceed the maximum permitted storage space, accounts and OOS may be limited, deleted, blocked or otherwise not function as intended.  TWM is not responsible for such lost, deleted or blocked messages or the failure of OOS to operate as intended.

 

Your use of the site and OOS is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications. Likewise, you are solely responsible for maintaining the confidentiality of your password and account and for any and all communications made and acts or omissions that occur through the use of your password and account. Therefore, you must take adequate steps to ensure that others do not gain access to your password and account.  TWM will never ask you for your password.  You may not transfer or share your account with anyone, TWM reserves the right to immediately terminate your account if you do transfer or share your account.  By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  • i) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group), or otherwise violates our rules or policies;
  • ii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • iii) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • iv) constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • v) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • vi) impersonates any person or entity, including any of our employees or representatives. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site.

 

TWM do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through OOS.  However, TWM reserve the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our OOS, or is otherwise harmful, objectionable, or inaccurate.  TWM are not responsible for any failure or delay in removing such content.  You hereby consent to such removal and waive any claim against us arising out of such removal of content.

 

TWM may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (“spam”) and/or other types of electronic communications that we deem inconsistent with best business practice.  TWM will not be responsible for any unsolicited communication that is not blocked nor for any legitimate communication that is blocked.

 

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network, computer or digital equipment.  Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or OOS.  Users who violate systems or network security may incur criminal or civil liability.

 

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you, where in our opinion, any of the provisions within these Terms of Use have been breached.  In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or security and other such matters, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Affiliates

As provided in this Terms of Use Agreement, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering both online and offline services including the content of such services (OOS).

Ownership

By using the services provided by TWM, you understand these Terms of Use stipulate that unless otherwise and expressly stated, these services are a rental arrangement.  Where such items as domain name(s), websites and associated online or offline services (“OOS”) are the intellectual property of and registered to TWM.  You acknowledge that this agreement in no way transfers any ownership or rights of domain name(s), intellectual property or website content including OOS.   You further acknowledge that intellectual property including but not limited to domain names, websites and OOS which are transferred to TWM for management or similar become the property of TWM.

Nondisclosure

TWM agree that, except as directed by you, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever.  Likewise, you agree that you and your associates will not convey any confidential information obtained about TWM to another party.  Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary.  While you may retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.  Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. We respect the intellectual property of others, and we ask you to do the same.

Intellectual Property Information, Copyright and Trademarks

Brand names, logos, trademarks and similar used herein OOS remain the property of their respective owners and are not intended to imply any endorsement or direct affiliation with TWM, Magic QR Codes or any business associated with OOS.  Nothing in these Terms of Use grants you any right to use any Brand names, logos, trademarks and similar, and/or the name of TWM.

 

For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on sites and other OOS. This includes message boards, chat, and other correspondence.

By accepting these Terms of Use, you acknowledge and agree that:

  • i) all content presented to you on this site and OOS is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of the rightful owners or TWM. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content including by not limited to documents, artwork or information from this site in any form or by any means without prior written permission from TWM or the rightful owner, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site.  Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
  • ii) all content provided by you unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other content furnished to TWM for inclusion in OOS are owned by you, or that you have permission from the rightful owner to use each elements, and will hold harmless, protect, and defend TWM, its subcontractors and affiliates from any claim or suit arising from the use of such elements furnished by you.

Copyright Infringement

If you or any user of this site believes its’ copyright, trademark or other intellectual property rights have been infringed by OOS controlled by TWM, you should send official notification to our Official Service Address [“OSA”] at your earliest convenience according to the criteria below.

  • i) Identify, with sufficient detail, the copyrighted material that you believe has been infringed
  • ii) Identify, how the material that you claim is infringing the copyrighted work
  • iii) Provide, a contact method sufficient to permit us to correspond with you with regards to this matter (email address is preferred)
  • iv) Provide, a contact method to allow us to correspond with the owner of such copyright material (email address is preferred)
  • v) Make the following statements: “I have a good faith belief that the use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, it’s agent or relevant laws. I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • vi) Sign the notification
  • vii) Send the written notification to our “Designated Agent for Claimed Infringement” at our OSA.
  • viii) You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the appropriate Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Design Credit

You agree that TWM may place graphics or by-lines within the website, coupon or OOS including menu links establishing design, development or management credit with active hyperlinks to TWM and the developer’s website and other marketing.  You also agree that the OOS created for you may be included in the portfolio of TWM for the marketing purposes of TWM.

Warranty

Other than your statutory rights as provided by the Governing Law and Jurisdiction of the region as listed in the section “Governing Law and Jurisdiction”.  You agree that TWM shall not be liable for any loss or damages, including consequential, indirect and incidental, arising out of the use of OOS, except to the extent provided by those statutory rights.   You accept that all OOS are provided  on an “as in” and “as available” basis without warranty of any kind, either express or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose, or the warranty of non-infringement.  You understand and accept this and therein will not take action against TWM for such incidents and hold TWM blameless for such matters.

Without limiting the foregoing, TWM does not warrant or represent that

  • i) any products, services, materials, information or OOS will meet your requirements
  • ii) any products, services, materials, information or OOS will be uninterrupted, timely, secure or error-free, specifically including the hosting of websites or provision of OOS, to which, you understand and agree that temporary interruptions of such services may occur as normal events
  • iii) any results that may be obtained from the use of any products, services, materials, information or OOS will be effective, accurate or reliable or provide a return on investment or earnings, including but not limited to website performance
  • iv) the quality of any products, services, materials, information or OOS purchased or obtained by you will meet your expectations or be free from mistakes, errors or defects. OOS could include technical or other mistakes, inaccuracies or typographic errors
  • v) any products, services, materials, information or OOS displayed on, or obtained through, this site or OOS will not infringe the rights of third parties
  • vi) products, services, materials, information or OOS will not alter. Changes may be made (including the removal) to the materials, services, storage of user communications or personalization settings and OOS including the prices and descriptions of such items, at any time without notice.
  • vii) the downloading or other acquisition of materials through our OOS will be without risk to yourself or computer related equipment and that you agree you will be solely responsible for any damages relating to such activities including but not limited to data loss

 

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.  We make no warranty regarding any transactions executed through or in conjunction with OOS and you understand and agree that any such transaction are conducted entirely at your own risk.  Any warranty that is provided in connection with products, services, material or information available through our OOS from a third party is provided solely by that third party and not by TWM.

Content available through OOS often represents the opinions and judgments of an information provider, site user, or a third party not connected with us.  We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized representative of TWM speaking in their official capacity.

Third Party Liability

OOS may link you to other sites on the Internet or otherwise include references to information, products, documents, software, materials and/or services provided by other parties who have no direct association with TWM (third parties), the material provided by such third parties may be inappropriate or offensive to some people.

 

These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services.  The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with that third party, or any warranty of any kind, either express or implied. From time to time, TWM may include advertisements offered by third parties.  You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site.  Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. TWM assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

 

You understand that any loss or expense to you or agreements entered into between yourself and third parties, such as but not limited to, advertising and printing for the benefit of yourself  whether through special, punitive, incidental, indirect or consequential damages of any kind, or damages whatsoever including, without limitation, those resulting from loss of use, data or profits, whether or not TWM has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with TWM including without limitation the processing of orders, are the sole responsibility and liability of yourself and are not recoverable from TWM under any circumstance.  Likewise, you understand that no tax, VAT or GST is applied to any fees unless expressly noted within an invoice and you undertake the responsibility to make such payments to government or third parties, if and when such liabilities exist.

Governing Law and Jurisdiction [“GLJr”]

The sites and OOS of TWM can be accessed from many countries around the world.  As each of these places has laws that may differ from those at our Governing Law and Jurisdiction region [“GLJr”], by accessing this site and OOS of TWM, you agree with TWM that the statutes and laws of the GLJr, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products, services and OOS available.  You agree that all claims arising out of or related to this Agreement must be resolved exclusively by and in the personal jurisdiction and venue of any court of competent jurisdiction within the GLJr with respect to such matters, regardless of your country of origin, which must be provided in writing in the native language of the GLJr and English where English is not the native language.  Notwithstanding the above, you agree that TWM shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

All parties using this website or OOS hereby agree to the Governing Law and Jurisdiction region [“GLJr”] being the State of Queensland, Australia with respect to such matters.

Notices

Official Service Address [“OSA”]

All notices to a party shall be in writing and shall be made either via email or conventional mail.

Notices to us must be sent to the Official Service Address [“OSA”] subject to the provisions of the GLJr.

We may broadcast notices or messages through the site or OOS, provided in a language and method of choice by TWM, to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending,

 

attention: Customer services

webmaster@thinkwebsitemarketing.com

40 Kallay St Miami Queensland Australia 4220

Your Personal Information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law.  We may use your personal information to send you promotional information about third parties which we think may be helpful or interesting, unless you tell us that you wish this not to happen.

You may request details of your personal information which we hold under relevant statutes of the GLJr and amendments of such information as a legal process within the GLJr.  A small fee is payable and requests should be directed to our OSA.

More details may be sought in our Privacy Policy.

Contractual Obligations and Cancellation

Either party may cancel their obligations at any time by giving 90 days written notice.  The billing cycles and any cancellation date are to be solely determined by TWM, where in their opinion; proper written cancellation has been received.  Payments will not be prorated and partial refunds will not be given where cancellation occurs during a billing cycle.  Billing cycles vary from monthly to yearly but are typically considered to  a 90 day period and may vary with the business policies and procedures employed by TWM.

OOS will terminate upon the next billing date following the 90 day period following written notice.

To modify or cancel agreements or obligations, contact TWM through the OSA correctly identifying yourself, your authority to take this action, the agreements and the changes required.

Completion Date, Payment Terms and Work Flow

You agree to work together with TWM in a cooperative manner in order to complete your OOS in a timely fashion.  Where you have a specific requirement for completion, it is your responsibility to make this known to TWM in writing, otherwise no specific completion date exists.

 

You understand that it is your responsibility to ensure your billing details are kept current and up-to-date and to make relevant payments at the appropriate times and understand that failure to make payments will be considered a breach of the this agreement wherein services may be severely restricted, including but not limited to, cessation of OOS until all past due payments, penalties, etc. are made in full.

 

Unless otherwise stipulated, you understand that following the payment of an initial fee or deposit, a basic design concept of your OOS will be made available for your viewing and approval within a reasonable timeframe.  Such initial payments or deposits including progress payments are non-refundable.  There may be up to a total of 3 concepts made available to you for your consideration without further charges and you agree to maintain adequate communication between yourself and TWM to ensure that work flow continues in an effective fashion and the final concept will match your taste and needs and be completed in a reasonable time frame, as decided by TWM.

 

You further understand that progress payments will be charged as additional phases of the work are completed wherein you should continue to review the progress of the OOS and express your preferences to the developer (TWM) so as to achieve the optimum result in the shortest time interval.  Likewise, you accept that failure to maintain communication about preferences or provision of relevant content can increase the costs of your OOS and delay completion of your OOS.  Furthermore you instruct TWM to manage this aspect of the work and to make decisions on your behalf to facilitate the completion including additional costs for labor, materials, content or other so as to complete your OOS in a reasonable time frame, as decided by TWM.

 

In additional to the initial costs of creating OOS, you understand there are ongoing fees which include, but are not limited to, renewal fees, maintenance fees,  repair and development fees which are billed to you from time to time as required and such charges are subject to change without notice.

Third Party or Client Page Modification

You may desire to independently edit or update the OOS during or after completion as a way to control costs and reduce the expenses.  You agree that where this results in an unfavourable outcome so as to impair the function, form or design of the OOS, that TWM should intervene to rectify, and that the costs of such will be paid by you, charged at an appropriate hourly rate, where there is a minimum 3 hour charge.

Trading Terms

Where not otherwise stipulated by the specific invoice, Trading Terms are:  Immediate payment on invoice, which will be deemed as received by you upon sending to the email provided by you.  Unpaid accounts attract a compounding interest rate of 15% plus accounting fees, plus recovery costs, plus legal fees and other costs as incurred by TWM enforcing payment.

Accounting fees are $45 AUD per month each calendar month unpaid.

Recovery costs are $490 AUD, for each phase of recovery, until recovery is completed

Phases of recovery are:

  • i) letter of final demand
  • ii) court presentation
  • iii) each court date arranged

Legal fees as determined by our legal representatives for the services they provide

 

 

< If you disagree with any of these terms or conditions, do not use our websites or other services >

 

Terms of Use Agreement _2014-09-20

Copyright (c) 2014/09/20 Think Website Marketing All Rights Reserved.