TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”) govern the use of https:/gemweb.com.au (the “Site”). This Site is owned and operated by Gemweb. This Site is a web designer.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Accounts
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Services
These Terms and Conditions govern the sale of services available on our Site.
The following services are available on our Site:
- Website design;
- Website development;
- Website maintenance;
- Email setup;
- Website hosting;
- Domain name setup;
- Website backups; and
- Other website related services.
As a part of our services, we will create an account for you using the information provided to register a domain name. You represent and warrant that: (a) all information provided to register or renew the domain name (including all supporting documents, if any) are true, complete and correct, and are not misleading in any way, and the application is made in good faith; (b) you meet, and will continue to meet, the eligibility criteria prescribed in auDA Published Policies for the domain name for the duration of the domain name license ; (c) you have not previously submitted an application for the domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please provide 30 days written notice.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- Debit; and
- Direct Debit.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds
Refunds for Services
We provide refunds for services sold on our Site as follows:
- All of our website packages come with a money-back guarantee. You will receive a refund for the setup cost if you are unhappy with our services and decide to cancel your subscription within 48 hours of the release of your website. Please be advised that the reimbursement does not cover the monthly charge.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Gemweb and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Gemweb and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Victoria.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns.
Terms & Conditions
Last updated: July 02, 2023
1. Introduction
By using the GemWeb website (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
GemWeb reserves the right to update and change these Terms of Service without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below may result in the termination of your Account.
2. Account Terms
- You are responsible for maintaining the security of your account and password. GemWeb cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Service for any illegal purposes or to violate any laws in your jurisdiction (including but not limited to copyright laws).
3. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- You understand that GemWeb uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service.
4. Intellectual Property and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service.
- GemWeb does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
5. Privacy and Data Protection
- Personal information submitted through our Service is governed by our Privacy Policy. This Terms & Conditions agreement incorporates by reference our Privacy Policy.
6. Termination
- You are solely responsible for properly cancelling your account.
- All of your content will be inaccessible from the Service upon cancellation.
- GemWeb reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any/all current and future use of the Service, suspend or terminate your account if it is determined that you have violated this Agreement.
7. Sale of Services
These Terms and Conditions govern the sale of services available on our Site. The following services are available:
- Website design
- Website development
- Website maintenance
- Email setup
- Website hosting
- Domain name setup
- Website backups
- Other website related services
As part of our services, we will create an account for you using the information provided to register a domain name. You represent and warrant that: (a) all information provided to register or renew the domain name (including all supporting documents, if any) are true, complete, correct, and are not misleading in any way, and the application is made in good faith; (b) you meet, and will continue to meet, the eligibility criteria prescribed in auDA Published Policies for the domain name for the duration of the domain name license; (c) you have not previously submitted an application for the domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application.
8. Failed Payments
8.1 If an automatic payment fails due to insufficient funds, expiration of payment method, or otherwise, you will be notified via email and are required to contact us to rectify the situation promptly.
8.2 If the payment issue is not rectified within five (5) business days after such notification, GemWeb reserves the right to suspend all services until payment is successfully completed.
8.3 If payment is not received within ten (10) business days from the original due date, GemWeb has the right to terminate the account.
8.4 Reinstatement of services and accounts following a suspension or termination for non-payment will not only require payment of the unpaid fees but may also include an additional reinstatement fee.
8.5 GemWeb is not responsible for any loss or damage suffered by you as a result of suspension or termination of services due to failed payment.
8.6 It is your responsibility to keep your contact and payment information current and accurate to prevent service interruption due to failed payments.
9. Refund Policy
All sales for services rendered are considered final. Refunds for services purchased are generally not provided, except under the following circumstances:
- (a) The service purchased was not delivered within a reasonable time, as defined by a written agreement between GemWeb and the customer.
- (b) The service provided was not as described.
If you find yourself in one of the above situations, you must contact us within 14 days of your purchase, providing detailed reasoning and evidence for your refund request. Requests made later than 14 days after purchase will not be eligible for a refund.
We reserve the right to:
- (i) Deny refund requests if we deem, in our sole discretion, that the user is attempting to exploit this refund policy in any way.
- (ii) Limit, suspend or terminate the user’s access to our services for any reason, including due to user’s violation of these Terms and Conditions, or for no reason, with or without prior notice.
