Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the webforms.au website (the “Website”) operated by Andrew Lockman (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Our address is 25 Sullivan Rd, Strathalbyn South Australia 5255. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
Our offers and pricing
We offer services on this Website. The price of these services is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price includes all applicable taxes, duties, levies, fees, and additional charges.
When you make a purchase on the Website, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: bank transfer, MasterCard, and Visa.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
We offer cancellations on purchases made of the services offered on our Website. We offer cancellations only prior to performance of the service. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase. We will issue you a refund of the full purchase price that you paid if you cancel your purchase.
We do not reserve the right to cancel your purchase.
We offer refunds on purchases made of the services offered on our Website. To qualify for a refund, you must submit your request to us within 30 days of your purchase date by contacting us. We offer refunds on any purchases made of the services offered on our Website for any reason.
WARRANTY ON PURCHASES AND REMEDIES
WE OFFER THE FOLLOWING WARRANTIES ON PURCHASES OF SERVICES:
SERVICES WILL BE PERFORMED WITH DUE CARE AND SKILL;
SERVICES ARE FIT FOR ANY SPECIFIED PURPOSE AND DESIRED RESULT;
SERVICES WILL BE PERFORMED WITHIN A REASONABLE TIME.
OUR SERVICES ALSO COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. FOR MAJOR FAILURES WITH THE SERVICE, YOU ARE ENTITLED:
TO CANCEL YOUR SERVICE CONTRACT WITH US; AND
TO A REFUND FOR THE UNUSED PORTION, OR TO COMPENSATION FOR ITS REDUCED VALUE.
YOU ARE ALSO ENTITLED TO HAVE PROBLEMS WITH THE SERVICE RECTIFIED IN A REASONABLE TIME AND, IF THIS IS NOT DONE, TO CANCEL YOUR CONTRACT AND OBTAIN A REFUND FOR THE UNUSED PORTION OF THE CONTRACT.
STANDARD WARRANTIES PROVIDED BY THE AUSTRALIAN CONSUMER LAW ARE NOT LIMITED IN DURATION. ALL OTHER WARRANTIES APPLY FOR 1 YEARS FROM THE DATE OF THE PURCHASE.
To lodge a warranty claim, you must immediately stop using the goods or services and contact us at the information provided below. We will not provide a refund of the costs incurred in lodging a warranty claim.
This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 month.
YOU MAY REVOKE YOUR SUBSCRIPTION BY CONTACTING US WITHIN 30 DAYS OF MAKING YOUR PURCHASE. IF YOU REVOKE YOUR SUBSCRIPTION, IT WILL NOT AUTOMATICALLY RENEW AND YOU WILL NOT BE CHARGED FOR THE RENEWALS. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ONCE YOU REVOKE.
YOU MUST MAKE A MINIMUM PURCHASE TO QUALIFY FOR THE SUBSCRIPTION. THE MINIMUM PURCHASE REQUIRED IS AS FOLLOWS: 1 MONTH.
AUTOMATIC RENEWALS OF SUBSCRIPTIONS
WHEN YOU PURCHASE A SUBSCRIPTION ON THE WEBSITE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH MONTH. WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION.
YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA YOUR ACCOUNT ON THE WEBSITE. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.
YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA THROUGH THE WEBSITE. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.
THE CANCELLATION OF THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION WILL BECOME EFFECTIVE IMMEDIATELY UPON YOU CONTACTING US.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
NO WARRANTY ON WEBSITE
THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF ACCEPTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR DESIRED RESULT, CONFORMITY TO DESCRIPTION, UNDISTURBED POSSESSION, UNDISCLOSED SECURITIES, CLEAR TITLE AND PERFORMANCE WITH DUE CARE AND SKILL) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Availability, errors and inaccuracies
To the extent permitted by law, we assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. If you determine that there is an error on this Website, or any invoices or purchase orders sent to you by us, please inform us immediately using the contact information below. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
DAMAGES AND LIMITATION OF LIABILITY
Links to third party websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Website are ©2017 – to today webforms.au or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Andrew Lockman and are either registered trademarks, trademarks or otherwise protected intellectual property of webforms.au or third parties in Australia and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Andrew Lockman at firstname.lastname@example.org.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
25 Sullivan Rd, Strathalbyn SA 5255.
Governing law, severability, dispute resolution and venue
These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Australia.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.
If you have any questions about our Terms of Service, please contact us at email@example.com.