Terms Of Use

Terms and Conditions governing Website use and the purchase of Products & Services

 (1)      Introduction

 These terms of use govern your use of our website including the purchases of products and services from our website ; by using our website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

 You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.

 (2)      Credit

This document was created using an SEQ Legal template.

 (3)      Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a)   republish material from this website (including republication on another website);

(b)   sell, rent or sub-license material from the website;

(c)    show any material from the website in public;

(d)    reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e)    edit or otherwise modify any material on the website; or

[(f)   redistribute material from this website [except for content specifically and expressly made available for redistribution [(such as our newsletter)].]

 Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

(4)      Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

(5)      Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with / you generate a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

You must not use any other person’s user ID and password to access our website[, unless you have that person’s express permission to do so.

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

(6)      User content

In these terms of use, “your content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license  these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with these terms of use and that you lawfully have full rights to all content and you indemnify us against any legal rights and costs associated with the use of the content.

Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(7)      Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(8)      Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

In the event that the law will not allow the total exclusion of liability, or it is unlawful to do so, You agree that the entire liability of the business and any other entity or person associated with this business, and your exclusive remedy, with respect to any good(s) and services(s) provided under this Agreement and any breach of this Agreement, is solely limited to the amount you paid for such good(s) and service(s). The Business shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its goods and services or for the cost of procurement of substitute goods and services.

(9)      Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use[, or arising out of any claim that you have breached any provision of these terms of use.

(10)    Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(11)    Variation

We may revise these terms of use from time to time. Revised terms of use and will apply to the use of our website from the date of publication of the revised terms of use on our website. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our web site. Your continued use of our site constitutes agreement to any revision of the terms and conditions of this Agreement.

(12)    Assignment

 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

 (13)    Severability

 If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 (14)    Exclusion of third party rights

 These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

 (15)    Payment Terms & Non-Payment

Purchasers of goods and services will be required to provide payment via PayPal (whether Credit Card or Debit card or Pay Pal account transaction) or by direct electronic transfer of cleared funds into our nominated bank account. All payments are required in-advance with bank cleared funds for you to be eligible to receive any good and services. Where ownership or title in the goods and services is transferable, then no transfer of ownership or title will occur until full payment has been received.

By making payment not only do you agree to the terms and conditions stated on this website, you also agree to any transaction facilitator (for example Pay Pal) terms and conditions.

Where there is a service fee componant that can only be calculated in arears and not in advance (for example number of SMS or email mesages sent in a given period), then an invoice for that component will be provided in-arrears and payment is to be made in accordance with the terms stated on the invoice. For clarity this can mean that the same product or service may have a both a pre-paid and post-paid component.

Non-Payment. If payment has not been received within the terms stipulated then we are under no obligation to commence or continue providing any products or services to you and have no obligation to transfer any information, results or data inherent, contained, obtained or attributed with the product or service, unless subect to any ‘Dispute’ claim.

 (16)    Copyrights & Trademarks

The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner. The written content displayed on this website is owned by its respective author and may not be reproduced in whole, or in part, without the express written permission of the author.

 (17)    Entire agreement

Subject to the first paragraph of Section [8], these terms of use, together with our privacy policy, and specific terms related to the purchasing of goods and services located in the Products Page and Shopping Carts sections, Service Agreements agreed with you for the specific supply of services to you, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

 (18)    Law and jurisdiction

 These terms of use will be governed by and construed in accordance with laws of New South Wales & Australian law, and any disputes relating to these terms of use will be subject to the jurisdiction of  New South Wales.

(19)    Registrations and details

We are registered business within NSW Australia.

P.Wiedemann. ABN: 33500 364 691

Regsitered address is 43 Hallam Ave, NSW, 2066, Australia

Contact us by email:  info@leadloyalty.biz

(20)    Guarantees of Performance

Unless stated otherwise in writing, we cannot and do not offer any guarantees as to the success or the  performance of any of our marketing offers or services within your business, because to may variables exist between different businesses, although we would be shocked if no benefit were obtained.

(21)    Dispute

In the event of a dispute arising between the parties, with the dispute detaileds having been notified in writing (email acceptible) to the other party, then the provision of goods and service, then both parties will continue to act in good faith, continues to supply and make payments for the goods and services, however the customer may deduct from any amount due the disputed value, while the parties agree on a settment to the dispute via the ‘Dispute Resolution’ process.

(22)    Dispute Resolution

If within 15 days of a Dispute notification the parties have still failed to agree a mutualy acceptable solution, both parties then unconditionaly aggree to undertake this ‘dispute resolution pocess’ within the next 15 days, where only the two party principles may attend, without legal representation, along with the appointment of an independant arbitrator, who will provide a binding decision to which both parties will abide. An arbitrator may be accessed from any proffesional business association body and the arbitrator will determine the distribution of the costs of arbitration betweent the parties.

(23)    Websales Converter

Websales Converter is geared towards converting more sales from existing website vistors and does not generate new website visitors, hence the need to maintain traffic marketing. If you have no website visitors then this program cannot provide you with a ROI.

Purchasers must start Websales Converter program (have code installed on your website and commence pop-up messaging) within 21 days of purchase, otherwise by defualt the trial period automticaly commences from the 21st day post purchase.

 

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