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Terms & Conditions

Important information before using this site

Please read through our Terms and Conditions, we ask that you do not use our website or service until you have familiarised yourself with them. If you are using or have used our service it is understood that you have agreed to the terms set forth on this page. When we say “We” “Webarena”, “US” and “our service” we are referring to Webarena Pty Ltd and its respective products and services. References to “you” “your” “customer” “client” and the like, refer to you, and your agents. These Terms and Conditions can change at any time. It is important that you check back here regularly. Your continued use of this website implies acceptance of any subsequent revisions.

Our Billing Procedure

As shown on the webarena application form, you will have the option of two payment methods. A once off payment or an initial payment and subsequent monthly payments. Pricing for these packages are indicated on the application form. Only credit card or direct debit payments are accepted for the monthly payment option. Upon the conclusion of the 12 month period from the time your site is deployed, a standard monthly hosting fee will apply.

Payment in Advance

You are billed for the month in advance. If you cancel your service, you will not be billed again. However, you will not be eligible for a refund or partial refund for the previous payment, regardless of how much of the current month you have used.

Refund Policy

All payments are non-refundable as ample opportunity and choice is provided prior to acceptance of the webarena offer.

Images and Design of Your website

The images we use on your website are licensed to you for use on your website by the copyright owner. They can not be used or re-used for any other purpose without the express permission of the copyright owner. The images can only be used as they were placed onto your website by us. You are not able to edit the dimensions in which they appear or copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will endeavour to put you in contact with the image rights owner. This of course, does not apply to images that you own and provide to us for use on your website. All designs are sourced from third party suppliers. They are not offered as unique designs and the client understands that these designs or variations can be chosen and utilised by other clients.

Intellectual Property

Your website and its content are your property. The software and infrastructure which generate and control the site are owned by us. In the event that you wish to terminate the hosting agreement we will return to you all content that is owned by you. This will include images provided by you, and HTML content provided by you or entered via the Content Management System. Active and functional content such as menu systems, shopping cart systems and any part of the Content Management System can not be provided.

Website Content

Websites from webarena can not be used to disseminate, communicate, store
or transmit:

  • content sexually explicit in nature;
  • information containing viruses, worms or other malicious elements;
  • copyright infringing data;
  • trade secret protected data;
  • data that infringes on any intellectual property, publicity rights or privacy rights;
  • data that is defamatory, harassing or threatening;
  • content relating to illegal business operations or schemes;
  • deliberately misleading, incomplete or deceptive content; or
  • content deemed inappropriate by webarena for any reason.

Your privacy

We will never sell, lease or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.

Our Email Facility

If you choose to use our email newsletter facility you must abide by the relevant electronic messaging laws of all relevant jurisdictions. Do not use the email facility for the purpose of spam. Only send emails to addresses that have requested to receive information from you. We will not be responsible for the emails and any electronic correspondence sent from our system by you. We will fully co-operate with relevant legal authorities requiring information about the efforts of spammers.

Fair Use Policy

You agree to abide by our fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a webarena client then we reserve the right to terminate your account – effective immediately.

Our Website

You may display our website on an internet access device, and occasionally, and only in circumstances that constitute “fair use” under applicable copyright law, print copies of insubstantial portions of our website. You may not modify our website, or any portion of it, except with the express written consent of Webarena

Accessibility

We make efforts to ensure that our website, our administration service and all of our services are online 24x7 every day of the year. However, this will not always be the case. There are times when our website will be down, sometimes for things that we can’t control and others that we can. When our service is offline we will do our best to get it online as soon as possible We will not be held responsible for damage, events or losses directly or indirectly related to our website being offline.

Online

We endeavour to provide at least 99% uptime on all of our hosting. If in a given month, we do not reach this target, we will not offer compensation. We do our best to keep our sites online but can not be held responsible when websites are offline.

Domain Transfers

Unless otherwise notified by you, we will transfer your domain name(s) to our licensed registrar account. This is to facilitate management of the domain in the event of a system change. The domain remains your property at all times, however we will handle the administrative management of it. If you wish to manage the domain(s) yourself, you assume all responsibility if a system change causes lose of service to your site. Although we endeavour to contact all our clients in the event of a system wide change, we cannot be held responsible for domains outside of our control.

Liability

We will not be held liable for any action or inaction relating to our service. We offer a unique service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offl ine. If your website is offline then please contact us and we will try to fi x the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service.

Jurisdiction

This website is governed by the laws of the state of Western Australia, Australia. Any dispute arising from the use of this website will be settled in
this jurisdiction.

Legal Notices and Trademarks

PLEASE READ THESE NOTICES CAREFULLY BEFORE USING THIS SITE
By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site.

Restrictions on use of materials

This site is owned and operated by Webarena Pty Ltd. (referred to as “Webarena,” “we,” “us,” or “our” herein). No material from the site may be
copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modifi cation of the materials or use of the materials for any other purpose is a violation of Webarena Pty Ltd’ copyright and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited. Except as otherwise indicated on this site and except for the trademarks, service marks and trade names of other companies that are displayed on this site, all trademarks, service marks and trade names are proprietary to Webarena Pty Ltd. In the event that you download any software from the site, the software, including any fi les, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are non-exclusively licensed to you by Webarena Pty Ltd. Webarena Pty Ltd does not transfer title to the Software to you. Webarena Pty Ltd retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

Disclaimer

The materials in this site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Webarena Pty Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fi tness for a particular purpose. Webarena Pty Ltd does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Webarena Pty Ltd does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms
of their correctness, accuracy, reliability, or otherwise. You (and not Webarena Pty Ltd) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability Under no circumstances, including, but not limited to, negligence, shall Webarena Pty Ltd be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Webarena Pty Ltd or a Webarena Pty Ltd authorized representative has been advised of the possibility of such damages. In no event shall Webarena Pty Ltd have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing
this site.