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Welcome to the Webstuff.biz Website
("Website"). Please review the following basic rules
and conditions that govern your use of this Website (the "Agreement").
Please note that your use of this Website constitutes your
agreement to follow and be bound by these rules and conditions.
1. GENERAL
Webstuff.biz
Pty Ltd (ABN 84 101 989 726) (Webstuff.biz) reserves the right
to change and/or modify these terms with no prior notice to
you. Your use of this Website following any such change constitutes
your agreement to follow and be bound by the rules and conditions
as changed. You agree that these terms and conditions shall
govern the nature and conduct of agreement that may exist,
and, that it shall constitute the entire terms of the contractual
or other relationship that may exist from time to time. You
shall not be entitled to rely upon any actual or implied representation
specification or warranty, either orally or in writing, as
to fitness for purpose or suitability for your products or
services. No advice or recommendation shall be taken to have
been made expressly or impliedly. Webstuff.biz may alter,
change, move or delete portions of, or may add to, this Website
from time to time as is deemed appropriate in the absolute
discretion of Webstuff.biz.
2. SITE CONTENTS
Unless otherwise noted (example: user submission
or reprint permission), all materials, including images, illustrations,
designs, icons, photographs, video clips, articles, and written
and other materials that are part of (Contents) this Website
are Copyright © Webstuff.biz and are intellectual properties
owned, controlled or licensed by Webstuff.biz. You may download
the FREE materials displayed on the Website for your personal
use only for use on one (1) website. Webstuff.biz does not
condone or consent to the use of its products or services
to produce websites that promote racism, hate and violence
or illegal activities. No right, title or interest in any
downloaded materials or software is transferred to you as
a result of, any such downloading or copying. You may not
reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate
in any sale of, assign, lease, sublicense or exploit in any
way, in whole or in part, any of the Contents, the Website,
or any related software. The unauthorised use of any trademark
or intellectual property displayed on this site is strictly
and expressly prohibited without the formal written consent
of Webstuff.biz.
3. DOWNLOAD POLICY
Upon selection of the appropriate templates
and or services, and, authorisation for credit card payment
an email will be sent to your email address. Upon receipt
of this email you will be provided with a link. When you click
on the link you will be able to download your templates and
accompanying text files. You must download your file within
seven (7) days of receipt of your email link. All downloads
are tracked and recorded. You will not be able to download
the file more than two (2) times. Access will be denied after
two (2) downloads. If you experience any difficulty in downloading
your file please contact support@webstuff.biz
4. FREE GRAPHICS
Unless otherwise noted (example: freeware)
all free graphics and html pages require you to insert a link
back to Webstuff.biz
5. USER COMMENTS, FEEDBACK, POSTCARDS
AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions,
ideas, and other submissions disclosed, submitted or offered
in connection with your use of this Website shall be and remain
the property of Webstuff.biz. Such disclosure, submission
or offer of any Feedback shall constitute an assignment to
Webstuff.biz of all worldwide rights, titles and interests
in all copyrights and other intellectual properties in the
Feedback. Thus, Webstuff.biz will own exclusively all such
rights, titles and interests and shall not be limited in any
way in its use, commercial or otherwise, of any Comments.
Webstuff.biz is and shall be under no obligation (1) to maintain
any Feedback in confidence; (2) to pay to user any compensation
for any Feedback; or (3) to respond to any user Feedback.
You agree that no Feedback submitted by
you to the Website will violate any right of any third party,
including copyright, trademark, privacy or other personal
or proprietary right(s) and shall not be racist, defamatory,
sexually explicit, offensive or contrary to any Statute, Act,
Regulation, Custom Trade or usage. You further agree that
no Feedback submitted by you to the Website will be or contain
libelous or otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for the content
of any Feedback that you submit. You agree that Webstuff.biz
may use and/or disclose information about your demographics
and use of the Website in any manner that does not reveal
your identity.
6. EDITING THE TEMPLATES
If you have either purchased a website
template from Webstuff.biz, or downloaded free graphics from
Webstuff.biz, you are responsible for adding or editing your
website's content (e.g. pictures, photos, and text) to the
template yourself. Technical support is NOT offered for the
free products offered at Webstuff.biz
The templates are provided "as is"
without warranty of any kind, either expressed or implied.
You are responsible for adding or editing your website's content
(e.g. pictures, photos, and text) to the template yourself.
Technical support will be limited to rectifying any defective
code, as advised by the customer via email, and shall not
include any code error created due to customer error or alteration/destruction/corruption
of the electronic file and/or format. In the event that Webstuff.biz
is required to rectify/restore any template file format or
other electronic product/service the customer shall be responsible
for the additional costs calculated at the rate of $80.00
AUD per hour. Webstuff.biz will advise the customer of the
amount of the charge, and, upon payment and credit card authorisation,
shall forward to the customer the rectified/restored product
via email.
Royalty-free in this agreement, is defined as your right to
purchase any of our products for a one time fee without having
to pay any further commissions to us for use of those products.
This DOES NOT mean you are purchasing the right to resell
our products.
The templates may be used for one (1) URL
only for your own websites, but you may not put them on a
diskette, CD, website or any other medium and offer them for
redistribution or resale. This means that if you are a web
developer and consultant you are free to use the templates
in the design of your customers' websites. However the templates
may not be resold in any sort of collection, such as distributing
to a third party via CD, diskette, or letting others to download
off your websites, etc. You may not edit the template and
then sell it, in anyway. In any way if you do not abide by
these terms, Webstuff.biz will prosecute you to the highest
extent possible and recover all losses sustained by your breach
of this agreement and its terms.
If Webstuff.biz becomes aware of any ongoing
concerns or problems we will take these issues seriously and
work to address these concerns. If you have any further queries
please contact us via email.
7. COLOURS
Every effort has been made to display the
colours of our products that appear at Webstuff.biz as accurately
as possible. Webstuff.biz cannot guarantee that your individual
monitor's display of any colour will be accurate, as the actual
colours displayed will depend on your monitor and its functional
capacity and specifications. You should refer to your hardware
supplier for further advice.
8. REFUND/RETURNS POLICY
Subject to any requirement of the laws
of Australia and the State of New South Wales, the purchase
of the product and or service shall not entitle the customer
to return the product and obtain a refund of the purchase
price. Webstuff.biz agrees to rectify any defective code that
is found to exist, and, shall at its option and in its absolute
discretion, rectify or replace the defective code or product.
Webstuff.biz shall, in its absolute discretion, have the right
to refuse refund or exchange of product/services, however
may offer a credit to the same value of other services offered
if Webstuff.biz considers it appropriate. The value of any
credit available for future use by a customer shall be notified
via email from Webstuff.biz. The customer shall not be entitled
to a refund of the purchase price due to a change of mind
or other circumstances.
9. LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Website contains
links to outside services and resources, the availability
and content of which Webstuff.biz does not and cannot control.
Any concerns regarding any such service or resource, or any
link thereto, should be directed to the particular outside
service or resource. No liability is accepted by Webstuff.biz
for another party's website or link.
10. DISCLAIMER
This site and all contents of the site
are provided on an "as is" basis without warranties
of any kind, either express or implied, including without
limitation warranties of title or implied warranties of merchantability
or fitness for a particular purpose. You acknowledge, by your
use of the site and the products, that your use of the site
and products is at your sole risk, that you assume full responsibility
for all costs associated with all necessary servicing or repairs
of any equipment you use in connection with your use of our
site and products, and that webstuff.biz shall not be liable
for any damages of any kind related to your use of this site
and products.
11. INDEMNIFICATION
You agree to defend, indemnify and hold
Webstuff.biz harmless from and against any and all claims,
damages, costs and expenses, including attorneys' fees, arising
from or related to your use of Webstuff.biz or the products
offered herein.
12. TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
All material on this Site, including but
not limited to images and illustrations, is protected by copyrights
that are owned and controlled by Webstuff.biz or by other
parties that have licensed their material to Webstuff.biz
("Material"). Material from the Site or any Web
site owned, operated, licensed, or controlled by Webstuff.biz
may not be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way. Specifically, you
may not link directly to Webstuff.biz's Photoshop, flash,
compressed files, .jpg or .gif files and or Java script provided
by Webstuff.biz (or any third party provider), and you should
not attempt to "pass off" any of the Material as
your own work. Modification of the Materials or use of the
Materials for any other purpose is a violation of the copyrights
and other proprietary rights. For purposes of these Terms
and Conditions, the use of any such material on any other
Web site or networked computer environment is prohibited.
In the event that the intellectual property and copyright
of any third party provider is infringed and/or comes to the
notice of Webstuff.biz it shall be disclosed to the third
party provider.
The trademarks, logos, and service marks
("Marks") displayed on the Site are the property
of Webstuff.biz and other parties. Copyright remains with
the owners. Users are prohibited from using any Marks without
the written permission of Webstuff.biz or such third party
that may own the Marks.
13. GOVERNING LAW/JURISDICTION
Unless otherwise specified, this Website
and the contents thereof are displayed for the purpose of
promoting Webstuff.biz products and services available in
Australia and its Territories.
This Agreement shall be construed in accordance
with the laws of the State of New South Wales, Australia,
without regard to any conflict of law provisions. Any dispute
arising under this Agreement shall be mediated and resolved
exclusively by the Court of the State of New South Wales and
Federal Courts of Australia. Both parties agree to submit
to the non-exclusive jurisdiction of the Courts in the State
of New South Wales, Australia.
14. CREDIT CARD PAYMENTS
All payments will be made by accepted credit
cards as displayed on the website. All requests for credit
card authorisation are made through 128 bit encrypted SSL
servers. An entry will appear on your credit card statement
showing a debit to Webstuff.biz Pty Ltd AU. Upon receipt of
authorisation that your payment has been accepted and approved
your download will be authorized and permitted. All payments
will be processed in Australian Dollar (AUD) amounts. If payments
are made in currencies, other than Australian Dollars, your
credit card will be debited based on conversion of the specified
currency exchange rate that may exist and be varied from time
to time. If you are purchasing a template and are an Australian
Resident, within Australia or its Territories, Goods and Services
Tax (GST) will be payable, in addition to the purchase price
of the products or services, in accordance with the A New
Tax System (Goods and Services Tax) Act 1999 (Commonwealth).
All invoices will specify the amount of GST paid.
15. TERMINATION
This Agreement is effective unless and
until terminated by either you or Webstuff.biz. You may terminate
this Agreement at any time by notice in writing. Webstuff.biz
also may terminate this Agreement at any time and may do so
immediately without notice, and accordingly deny you access
to the Website, if in Webstuff.biz's sole discretion, you
fail to comply with any term or provision of this Agreement.
Upon any termination of this Agreement by either you or Webstuff.biz,
you must promptly destroy all non-licensed materials and/or
instructions in electronic or hard copy format downloaded
or otherwise obtained from this Website, as well as all copies
of such materials, whether made under the terms of this Agreement
or otherwise.
This Agreement will terminate immediately
and without notice from Webstuff.biz if in Webstuff.biz's
sole discretion you fail to comply with any term or provision
of this Agreement. Upon termination, you must destroy all
materials obtained from this Site and all copies thereof,
whether made under the terms of this Agreement or otherwise.
In the event of termination, you are no longer authorized
to access the Bulletin Boards, and the restrictions imposed
on you with respect to Materials downloaded from the Bulletin
Boards and the disclaimers and limitations of liabilities
set forth in this Agreement shall survive.
16. PRIVACY POLICY / CONFIDENTIAL INFORMATION
Whenever you visit our site, our
servers automatically record information about your usage
of the Network such as the time of the visit, its duration
and the pages which you visit. This is intended to help us
to understand what parts of our Network our users enjoy the
most, and to help us to ensure that any advertising is most
directly relevant to your interests. The information we collect
about you remains anonymous, and we do not link it to any
other personal information. When you first register with Webstuff.biz
we collect information from you directly and also from time
to time thereafter if you provide us additional information.
Webstuff.biz only collects information
from your use of our Network. We do not collect information
about you from other organizations or from websites outside
the Network that you may visit.
Surveys show that most internet users are
concerned about their privacy, want to keep control of their
personal information, and do not trust many of the web sites
which they visit. In fact, research shows around a third of
internet users give false information online rather than saying
who they really are.
Webstuff.biz will not use or disclose any
information about you without your consent, or access your
communications on our websites, unless:
· Required by law.
· We believe it necessary to provide you with a service
which you have requested.
· To implement our terms of use.
· To protect the rights or property of webstuff.biz,
any webstuff.biz user, or any member of the public.
Webstuff.biz and its affiliates recognise the trust you place
in us when you give us personal information. In order to operate
the website or deliver a service you have requested we may
sometimes share your personal information with an affiliate
or with a service.
We will not give any of your personal information
to advertisers or any other organisation without your express
consent. For more information about privacy issues in Australia
and protecting your privacy, visit the Australian Federal
Privacy Commissioner's website.
17. MISCELLANEOUS
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 affect the validity and enforceability of any remaining
provisions. This is the entire Agreement between the parties
relating to the matters contained herein.
Webstuff.biz may at any time revise
these Terms and Conditions by updating this posting. You are
bound by any such revisions and should therefore periodically
visit this page to review the then current Terms and Conditions
to which you are bound.
Webstuff.biz Pty Ltd
ABN 84 101 989 726
Email: admin@webstuff.biz
Mail to:
WebStuff.biz Pty Ltd
Post Office Box 968
GOSFORD NSW 2250
Australia
Phone/Fax 61 2 4325 1188
Email Us
© Webstuff.biz Pty Ltd 2002.
All rights reserved.
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