Club Web Design Pty Ltd, is a digital marketing service provider. This Service Agreement will establish the terms and conditions on which the Company provides services to the Client. Therefore please review this Service Agreement carefully.
Client understands and agrees that he or she must own or have control of the domain name specified in the agreement; that only root domains (www.domain.com) and their subsequent pages or sub domains can be provided with a ChatBot by Club Web Design Pty Ltd and ChatBot services and techniques provided can not be copied, used or moved to any domain name, or otherwise distributed.
The ClubWeb ChatBot Website, https://clubwebdesign.com.au/chat-bot/, is an online information service with cloud-based software, provided by ClubWeb ChatBot, and is subject to the terms and conditions set forth below.
IMPORTANT: These terms and conditions constitute a legal agreement between you, the User (hereafter “You”, “Your”, or the “User”), and us, ClubWeb ChatBot, its affiliates, and all of their respective authorized representatives, officers, directors, employees, agents, shareholders, licensors, attorneys, successors, and assigns (hereafter “Us” or “ClubWeb ChatBot”), and together with the Website Privacy Policy and the Software License Agreement, wholly and exclusively govern such relationship.
BEFORE ACCESSING OR USING THE SERVICES OFFERED ON clubwebdesign.com.au, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS WEBSITE TERMS OF SERVICE AGREEMENT. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND ANY PROGRAMS, SERVICES, TOOLS, SOFTWARE, MATERIALS, OR OTHER INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (collectively, “the Site”). ClubWeb ChatBot IS WILLING TO LICENSE AND ALLOW THE USE OF THIS SITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. BY USING THE SITE, YOU THEREFORE AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.
ClubWeb ChatBot RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE TO THE USER, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.IF YOU HAVE A REGISTERED ACCOUNT WITH US, WE WILL NOTIFY YOU ON THE UPCOMING MATERIAL CHANGES TO THE TERMS USING THE EMAIL ADDRESS WE HAVE ON RECORD. IF YOU DO NOT AGREE WITH THE UPCOMING CHANGES TO THE TERMS, YOU CAN TERMINATE YOUR ACCOUNT PRIOR TO THESE CHANGES BECOMING EFFECTIVE. IF YOU DO NOT TERMINATE YOUR ACCOUNT PRIOR TO THE CHANGES BECOMING EFFECTIVE, IT WILL BE CONSIDERED AS YOUR ACCEPTANCE OF THE CHANGED TERMS. Revised versions of the Terms and Conditions shall be indicated by the date posted at the top of the Website Terms of Service page (i.e., “Updated [Date]”).
PROPRIETARY RIGHTS. All intellectual property of or relating to the Site, including but not limited to content, information, patents, trademarks, copyrights, modules, techniques, know-how, computer code (including html code), algorithms, methods of doing business, user interfaces, graphic design, look and feel, and software; and all developments, derivatives, and improvements thereto, whether registered or not (collectively, “Intellectual Property”), unless otherwise indicated, are owned, controlled and licensed in their entirety by ClubWeb ChatBot, its affiliates, its successors and assigns, and/or by third parties who have granted ClubWeb ChatBot license to use such Intellectual Property. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service-marks of ClubWeb ChatBot or their respective owners and are protected by law. Except as expressly provided herein, ClubWeb ChatBot does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Any downloadable or printable software, programs, information or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by ClubWeb ChatBot or third party licensors. The website name, ClubWeb ChatBot, its logo, and all other names, logos and icons identifying the ClubWeb ChatBot website and its services are proprietary trademarks of ClubWeb ChatBot, and any use of such marks, such as domain names, without the express written permission of ClubWeb ChatBot is strictly prohibited.
LIMITED LICENSE GRANT. The Site is provided by ClubWeb ChatBot, and conditional with the acceptance of this Website Terms of Service Agreement, provides You with a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site and download any programs, services, tools, materials, or information made available through or from the Site. Please note that access to download and terms of use of ClubWeb ChatBot’s downloadable software is contingent on acceptance of the separate Software License Agreement. The Website Terms of Service permit you to use and access for personal use only the ClubWeb ChatBot Website (a) on a single laptop, workstation, or computer and (b) on a mobile device from the Internet or through an on-line network. You may also download information from the Site into your laptop, workstation or computer’s temporary memory (RAM) and print and download materials and information from the Site solely for your personal non-commercial use, provided that all hard copies contain all copyright and other applicable notices.
LICENSE RESTRICTIONS. The foregoing license is limited. YOU MAY NOT MODIFY, COPY, STORE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, LICENSE, SUBLICENSE, DISPLAY, RENT, LEASE, SELL, COMMERCIALLY EXPLOIT, OR DISTRIBUTE, IN ANY MANNER, ANY DATA, INTELLECTUAL PROPERTY OR MATERIAL PROVIDED BY ClubWeb ChatBot THROUGH THE SITE, IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS OF SERVICE. THE ABOVE RESTRICTION INCLUDES, BUT IS NOT LIMITED TO TEXT, GRAPHICS, CODE AND/OR SOFTWARE. In addition, you may not modify, translate, decompile, create any derivative work(s) of, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, grant a security interest in, or otherwise use the Site in any manner not expressly permitted herein. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, OR (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of any other Authorized User(s), any other systems or networks connected to the Site or its servers, to any of the services offered on or through the Site, by hacking, password “mining”, or any other illegitimate or prohibited means, OR (iii) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, OR (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the ClubWeb ChatBot Site, OR (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the system, networks, or any systems or networks connected thereto, OR (vi) use any device, software, or routine to interfere with the proper working of the Site or transaction conducted on the Site, or with any other person’s use of the Site, OR (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to ClubWeb ChatBot on or through the Site, OR (viii) use the Site to collect e-mail addresses or other contact or personal information, OR (ix) market, co-brand, private label, appropriate, use the ClubWeb ChatBot name, or a name similar thereto on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the Site, in whole or in part, without the express, separate and prior written permission of ClubWeb ChatBot, OR (x) transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, OR (xi) use the Site in any other unlawful manner or in a manner that could be perceived to damage, disparage, or otherwise negatively impact ClubWeb ChatBot. Moreover, this license is only valid where ClubWeb ChatBot is permitted to operate. Access to and use of this site in contravention of any laws or regulations, or where prohibited by law, is unauthorized and not permitted by ClubWeb ChatBot.
SUBSCRIPTION. Some Services may be subject to applicable fees as displayed in the Platform. Unless otherwise specified in the Platform, all prices are shown exclusive of VAT and other applicable taxes. If the Service is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any order placed for Services listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancellation. We offer no refund for the purchased Services. We reserve the right to amend the prices or to institute new fees at any time without notice and notice period. New or changed fees will be applicable from the moment of publishing the changes in the Platform. If the services are provided as a subscription, the subscription period you choose will automatically renew at the end of the current subscription period for the same duration recurring until the auto-renewal option is disabled or the payment does not go through. The subscription fee for the renewed subscription period will be calculated in accordance with the prices that were in effect five (5) days prior to the expiry of the current subscription period. If you wish to stop using paid Services, you may discontinue the automatic renewal option in your User account before the expiry of the current subscription period. You may not cancel the subscription period you already paid for. We do not offer any refund in case you want to cancel your use of the Services. If you want to discontinue using our Services, you may do so only by turning off auto-renewal, in which case you will be able to use the Services until the end of the current subscription period. When you register for the Services for the first time, we may, but are not obliged to, offer you a free trial period for using the Services without any charge. After the expiry of the trial period, we will automatically charge the payment method you provided for the continuation of the use of the Services as explained in the Terms. If you switch from a free trial to paid Services before the expiry of the free trial period, you forfeit the unused portion of the free trial.
THIRD PARTY INFORMATION/ PRODUCTS/ SERVICES/ LINKS TO OTHER SITES. The Site may contain information, data, links, promotional offers, or other content in any form, including financial information related to third parties. Such information is provided only for Your convenience and as a bonus service, and will not be considered financial advisement. In no case whatsoever shall ClubWeb ChatBot be liable for such content or any damages or losses that result from reliance thereon. You understand that, except for information, products or services clearly identified as being supplied by ClubWeb ChatBot, ClubWeb ChatBot is not affiliated with, is not responsible for, and does not operate, control or endorse any information, products or services offered by third parties that are provided on the Site in any way.We aim to provide a safe space for all our Users. However, considering how we do not monitor User generated content, you are encouraged to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Platform at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that ClubWeb ChatBot bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Platform. ClubWeb ChatBot makes no representations whatsoever, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness or reliability of such third-party materials, programs, products displayed on this Site or which You may access through a link on this Site. Your correspondence or any other dealings with such third parties found on this Site are solely between you and such third party. Accordingly, ClubWeb ChatBot EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT, MATERIALS, ACCURACY, AND/OR QUALITY OF THE INFORMATION, PRODUCTS AND/OR SERVICES AVAILABLE THROUGH OR ADVERTISED ON THESE THIRD-PARTY WEBSITES.
DISCLAIMER – NO WARRANTIES. You understand and accept that ClubWeb ChatBot cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints on your personal computer to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.YOU UNDERSTAND AND AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. ClubWeb ChatBot PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER. ClubWeb ChatBot SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITH REGARD TO THE SITE, THE PERSONAL ACCOUNT REPRESENTATIVE SERVICE, OR ANY INFORMATION OR THIRD-PARTY INFORMATION OR LINKS PROVIDED THEREON, ClubWeb ChatBot SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE. ClubWeb ChatBot DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. ClubWeb ChatBot HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE ClubWeb ChatBot FROM ANY CLAIM OF HARM RESULTING FOR A CAUSE BEYOND ClubWeb ChatBot’S CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES FOR ANY REASON, SUCH AS MAINTENANCE, DENIAL OF SERVICE ATTACKS, TELEPHONE OR OTHER COMMUNICATION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, FORCE MAJEURE EVENT SUCH AS SEVERE WEATHER, EARTHQUAKES, NATURAL DISASTERS, STRIKES, LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTION OR ACTION. MOREOVER, IN NO EVENT WILL ClubWeb ChatBot BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE’S SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF ClubWeb ChatBot HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ClubWeb ChatBot FOR ANY REASON RELATED TO USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ClubWeb ChatBot IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless ClubWeb ChatBot, its affiliates, and all of their respective officers, directors, employees, agents, licensors, attorneys, successors, and assigns from and against all claims, proceedings, injuries, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees and litigation expenses, relating to or arising from any breach or violation of this Agreement by You (including negligent or reckless conduct). Each of the above referenced individuals or entities reserves the right to assert and enforce these provisions directly against you, on their own behalf.
USER OBLIGATIONS. If you provide any false, inaccurate, untrue, or incomplete information, ClubWeb ChatBot reserves the right to terminate immediately Your access to and use of the Site and any downloadable software. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Site and its related services. In addition, You acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site is solely at your own risk. While ClubWeb ChatBot has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any such communications cannot be guaranteed. Accordingly, ClubWeb ChatBot is not responsible for the security, or any breach thereof, of any information transmitted to or from the Site. You agree to assume all responsibility concerning activities related to Your use of the Site, including but not limited to obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Site and its downloadable software, and maintaining or backing up any data.
USER NAME AND PASSWORD POLICY. Registration as an authorized user for access to certain areas of the Site may require both a user name and password. Only one authorized user can use one user name and password and account. Multiple accounts registered by the same individual or entity is not permitted and may result in one, some or all accounts being closed by ClubWeb ChatBot. By using the Site, you agree to keep your user name and password as confidential information. You also agree not to use another authorized user’s account. Should you become aware of any loss or theft of your password or any unauthorized use of your name and password, you will immediately notify ClubWeb ChatBot. ClubWeb ChatBot cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. ClubWeb ChatBot also reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
FEEDBACK AND SUBMISSIONS. You grant to ClubWeb ChatBot team the right to use your name in connection with any materials freely submitted by You and any other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against ClubWeb ChatBot for any alleged or actual infringement or misappropriation of any proprietary right in your communications with the Site. Registered Site Users will have the opportunity to submit feedback and information regarding their trading activity through the software and through the website, which will be subsequently displayed on the website on an anonymous basis. Such information is submitted on a voluntary basis. ClubWeb ChatBot maintains no control over the accuracy or correctness of such self-reporting and accordingly disclaims all liability from User reliance on this data.
PRIVACY POLICY. You understand, acknowledge and agree that the operation of certain programs, services, tools, materials, or information of the Site requires the submission, use and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information on the Site, you acknowledge and agree that your use of the Site will constitute acceptance of ClubWeb ChatBot’s personal identifying information collection and use practices to protect your personal information. Please read our Privacy Policy before providing any personal data on this Site.
VOID WHERE PROHIBITED. Any offer for any product or service made on this Site is void where prohibited. Moreover, ClubWeb ChatBot makes no representations regarding the legality of access to or use of the Site or its content in any country. Although the Site may be accessible worldwide, not all features, products or services provided or offered through or on the Site are appropriate or available for use in all countries. ClubWeb ChatBot reserves the right to limit, in its discretion, the provision and quantity of any feature, product or service to any person or geographic area. If You access the Site from a jurisdiction where prohibited, You do so at your own risk and You are solely responsible for complying with all applicable local regulations. People under 18 years of age are not permitted to use the ClubWeb ChatBot website.
NO ADVICE. You acknowledge that neither the Site or the Personal Account Representative service, is not authorized to offer any legal, tax, accounting advice, or recommendation regarding suitability, profitability, investment strategy or other matter.
ENFORCING SITE SECURITY. Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution. ClubWeb ChatBot reserves the right to view, monitor, and record activity on the Site without notice or permission from the User, including, without limitation, by archiving notices or communications sent by you through the Site. In addition, ClubWeb ChatBot reserves the right, at any time and without notice, to modify, suspend, terminate or interrupt operation of or access to the Site, or any portion thereof, in order to protect the Site or ClubWeb ChatBot’s business.
NOTICE OF SECURITY BREACH. In addition to the indemnification obligation stated in these Terms of Service, if you become aware of a breach or potential breach of security with respect to any personally identifiable information provided to or made available by ClubWeb ChatBot, or any unauthorized hacking of the Site, you shall (i) immediately notify ClubWeb ChatBot of such breach or potential breach, (ii) assist ClubWeb ChatBot as reasonably necessary to prevent or rectify any such breach, and (iii) enable ClubWeb ChatBot to comply with any applicable laws requiring the provision of notice of a security breach with respect to any impacted personally identifiable information.
TERM AND TERMINATION. These Terms of Service govern Your right to use the Site will take effect at the moment you access or use the Site and is effective until terminated, as set forth below. This Agreement may be terminated by ClubWeb ChatBot without notice, at any time, and for any reason. In addition, ClubWeb ChatBot reserves the right at any time and on reasonable grounds, such as any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms, to deny your access to the Site, in whole or in part, in order to protect its name and goodwill, its business and/or other authorized users, or if you fail to comply with these Terms, subject to the survival rights of certain provisions identified below. Termination is effective without notice. You may also terminate this Agreement at any time by ceasing to use the Site, subject to the survival rights below. Upon termination, You must destroy all copies of any aspect of the Site that you have made and remove downloaded software from Your possession. The following provisions shall survive termination of the Website Terms of Service Agreement for any reason: Proprietary Rights (§1), Limited License Grant (§2), License Restrictions (§3), Third Party Information (§4), Disclaimer (§5), Limitation of Liability (§6), Indemnification (§7), Governing Law (§17), and Miscellaneous (§18).
GOVERNING LAW AND DISPUTE RESOLUTION. These Terms of Service and all disputes or claims arising out of or related thereto shall be governed by the laws of Australia, without applying conflict of law rules. Any cause of action or claim arising out of use of the Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. Claimant and ClubWeb ChatBot waive their rights to a jury trial and participation in class action litigation. All disputes arising out of or relating to these Terms of Service shall be resolved by binding arbitration, except that ClubWeb ChatBot is not required to arbitrate any dispute regarding confidentiality, infringement, misappropriation, or misuse of any intellectual property right, or any other claim where interim relief from a court is sought to prevent serious and irreparable injury to ClubWeb ChatBot or any other person or entity. You acknowledge that any breach, threatened or actual, could cause irreparable injury to ClubWeb ChatBot that is not quantifiable in monetary damages. You agree that ClubWeb ChatBot shall be entitled to seek and be awarded an injunction or other appropriate equitable relief to restrain any breach of Your obligations under these Terms. Accordingly, you waive any requirement that ClubWeb ChatBot post any bond or other security in the event that any injunctive or equitable relief is sought by or awarded to ClubWeb ChatBot to enforce any provision of these Terms.
MISCELLANEOUS. You agree that these Terms are for the benefit of the User, ClubWeb ChatBot, and ClubWeb ChatBot’s licensors. Therefore, these Terms are personal to You and not assignable. No joint venture, partnership, employment, or agency relationship exists between You and ClubWeb ChatBot as a result of these Terms of Service or arising out of your use of the Site. ClubWeb ChatBot’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right under these Terms or at law. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. ClubWeb ChatBot may assign its rights and duties under this Agreement to any party and at any time, without notice to the User. Headings herein are for convenience only. These Terms of Service, along with ClubWeb ChatBot’s Website Privacy Policy and the Software License Agreement, represent the entire agreement between You and ClubWeb ChatBot with respect to use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and ClubWeb ChatBot.
SEVERABILITY. If any provision of these Terms of Service is ruled invalid or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Any invalid or unenforceable portion should be deemed amended in order to achieve as closely as possible the same effect as the Terms of Service as original drafted.
Cancellation fee
Client understands they are entering into a monthly contract with Club Web Design Pty Ltd and if they wish to terminate the contract prior to the completion of the service, for any reason, there may be a $50.00 fee on top of fees already collected. The client is not entitled to a refund on any on monies collected previously.
If final payment for cancellation is not received before the due date of the next payment, then the agreement will be deemed as not cancelled until all amounts owing plus the cancellation fee are paid in full.
Rights of the Company
Club Web Design Pty Ltd reserves the right to cancel the contract with immediate effect if it believes the material or the Web Site to be obscene, unfair, untrue or otherwise unworthy of inclusion on the internet. The discretion of Club Web Design Pty Ltd in this respect will be absolute. Club Web Design Pty Ltd shall refund such proportion of the charges as relate to any of the services not performed or performed only in part minus any expenses incurred to that date.
Contract Renewal
At the end of the Term neither the Company nor the Customer is obliged to renew this contract. By mutual agreement, the Client may continue on an ongoing monthly ChatBot plan.
Refunds
The client has the right to cancel the contract during the cooling off period (ten (10) days from when the first deposit is received) by serving notice in writing to Club Web Design Pty Ltd stating that he/she does not wish to be bound by the contract.
No refunds on deposits are given after the 10-day cooling off period from the date of first deposit. Any refunds agreed to will be less the value of any work started or completed as per the service plan based on the standard hourly rate of $120.00 per hour.
Refund payments will be paid during the first week of the 2nd month from cancellation date.
Upon Termination Of Agreement
Club Web Design Pty Ltd will not be held responsible for any results after service is discontinued.
There is no guarantee of improved or negative results with the ChatBot service.
If Club Web Design Pty Ltd terminates clients’ account and ceases delivery of the ChatBot of the clients’ website for any reason, the termination does not exclude or limit Club Web Design Pty Ltd’s claim for any unpaid fees, interest, indemnification or other remedy to which Club Web Design Pty Ltd would otherwise be entitled. This Service Agreement identifies some reasons Club Web Design Pty Ltd might terminate the account. However, Club Web Design Pty Ltd is not limited to these reasons and retains the right to terminate clients’ service and account for any reason, at Club Web Design Pty Ltd’s sole judgment and discretion, provided such reason is not prohibited by law.
Access To Client Website
The Client grants authority to add ChatBot code to the Client Web Site pages.
The client must provide Club Web Design Pty Ltd with log-on information (ftp address, username and password) to allow Club Web Design Pty Ltd to gain FTP access to the website. Club Web Design Pty Ltd will maintain confidentiality of log-in information. Club Web Design Pty Ltd recommends that you regularly change all passwords after completion of work however client must always inform Club Web Design Pty Ltd of these changes.
Warranties And Indemnity
The client warrants to the Company at all times that the material included in the Web Site: (a) is not in breach of the Intellectual Property rights of any third party . (b) is not obscene within the definition of the Obscene Publications Act 1959 or any other relevant provision, statute, . (c)is not in breach of any code or provision of statute or common law or otherwise in force from time to time in relation to Advertising of Goods or Services. (d) contains no element of comparative advertising which is in breach of the Control of Misleading Advertisements (Amendment) Regulations 2000 . (e) is not in breach of the Defamation Act 1996 or any other relevant provision, . (f) does not contain any misleading price comparison in breach of Consumer Protection Act .
Termination for breach, insolvency or frustration
Either party may by written notice to the other terminate this agreement immediately if one of the following events occurs:-
(a) either party goes into liquidation or makes any arrangement or composition with its creditors or is otherwise unable to pay its debts within the meaning of Section 123 Insolvency Act 1986; (b) either party’s ability to carry out its obligations under this agreement is prevented or substantially interfered with for any reason for a period in excess of three months (whether or not within the control of such party) including without limitation by reason of any regular law decree or any act of state or any other action of a government.
Payment for Services
Club Web Design Pty Ltd will not commence services until initial payment is received from Client. Client agrees to pay Club Web Design Pty Ltd either:
- Full fee in advance
- Fee as per any marketing promotion or offer.
Client is responsible for notifying Club Web Design Pty Ltd of any change in contact information and or credit card information, including but not limited to: Mailing address, Phone numbers, Email address and credit card expiry date.
Client agrees they will not process a charge back against Club Web Design Pty Ltd (charges appear on Client’s statement as Club Web Design Pty Ltd or CLUBWEB). In the event of a payment dispute, Client agrees to contact Club Web Design Pty Ltd directly to find a fair resolution to the situation. Club Web Design Pty Ltd will dispute any charge backs that are processed by the Client, in the event of a disagreement with Club Web Design Pty Ltd’s compliance of this agreement, and a fee may be charged to the Client, as applicable by law.
The company’s credit terms are 7 days from date of invoice and the client agrees to pay a $25 late fee and interest of 2% per month in respect of fees still outstanding 7 days from date of invoice unless extended credit terms have been agreed in writing.
If client agrees to pay in installments, the company requires the client to provide credit card information. By accepting this Service Agreement, client authorises the company to charge the clients’ valid credit card for the appropriate fees when due for the services provided. Company will issue client with an invoice receipt when charged. Client may change the credit card information supplied if client chooses to charge a different card as long as adequate notice is given. If for any reason the charge is not paid by clients’ credit card issuer, the company will assess interest on all unpaid charges at a rate of 2% per month (or the maximum rate allowed by law if it is lower) until paid plus a $25 late penalty fee. The company also reserves the right to terminate clients’ service and account for non payment at any time.
Loss of Service
Club Web Design Pty Ltd accepts no liability for loss of service, unavailability of files, damage of data, misuse of equipment by other clients, failure of any externally managed equipment or communications devices or other services deemed to be beyond the Company’s control.
In no event will Club Web Design Pty Ltd be liable to the client or any third party for any direct, indirect or consequential damages, including, but not limited to, any lost sales or profits, lost savings or additional costs arising out of the operation of or inability of the program to operate, even if Club Web Design Pty Ltd has been advised of the possibility of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not effect the validity and enforce-ability of any remaining provisions.
NOTE: YOUR SIGNATURE ON A PRINTED COPY OF THIS AGREEMENT IS NOT REQUIRED IN ORDER FOR THE AGREEMENT TO BE LEGALLY BINDING ON YOU. YOUR USE OF Club Web Design Pty Ltd CHATBOT SERVICES SHALL CONSTITUTE A VIRTUAL SIGNATURE, HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A PRINTED COPY OF THIS AGREEMENT.