[last updated August 2022]
Contents
1 Definitions
2 Our contract with you
3 Your account with us
4 Your email address
5 Your Material
6 Price, payment and service provision
7 Refund Policy
8 Cancellation of order
9 Dissatisfaction with the Services
11 Disclaimers
12 Indemnity
13 System Security
14 Acceptable use Policy
15 Confidential Information and Intellectual Property Rights
16 Miscellaneous provisions
Website terms and conditions services to consumers, payment online
[last updated August 2022]
Trading terms and conditions of VIRTUALDOO PTY LTD ABN 86650837657
These terms and conditions regulate the business relationship between you and us. When you buy from us, you agree to be bound by them.
No person under the age of 18 years may purchase Services. If you are under 18, please ask an adult for help with your purchase.
We are: VIRTUALDOO PTY LTD
Our address is: P O Box 265, Manly, NSW, 1655, Australia
You are: a visitor to a website owned by us and/or a customer of ours
By using our website to make a purchase you agree to have read and understood VIRTUALDOO PTY LTD terms and conditions, and you agree that they form part of the contract between us. If you are under the age of 18 years, you confirm that you have brought the terms and a condition to the notice of your parent or guardian, and that person has agreed that you may buy our Services.
These terms and conditions apply:
1 Definitions
In this agreement:
“Consumer” means any natural person who accesses Our Website or purchases products or Services from us;
“Content” means any material in any form published on Our Website, any social media account operated by or linked to us or any third party platform, by us or any third party with our consent.
“Confidential Information” means trade secrets; computer hardware, applications and software programs; audio or visual recordings in any format; training material in any format; specifications, templated, general design or layouts; financial or accounting information; client or supplier data and details; market research, research and development materials; together with any information or material that VIRTUALDOO PTY LTD or our associated entities in the future may indicate is confidential, or which may be apparent is confidential; and our internal business processes and procedures, unless:
(a) that confidential information is transferred to the public domain through no fault or action of yours;
(b) we give you written authority to release it; or
(c) you are required by a legal process to disclose that information and have provided notice to us of that obligation.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Material” means Content of any sort posted by you on Our Website
“Services” means any of the services we offer for sale on our Website and include generally available updates and support services so far as specified for each service.
“Terms and Conditions” means these terms and conditions and includes our Privacy Notice and any other terms and conditions posted on Our Website or provided to you before the delivery of any Services.
2 Our contract with you
2.1 So far as the context allows, to you as a visitor to Our Website or Consumer; and
2.2 In any event to you as a buyer or prospective buyer of our Services.
2.3 We acknowledge acceptance of your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase receipt.
2.4 We cannot guarantee that every Service advertised on our website is available. If at any time a Service for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Services have been available.
2.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.
2.6 If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date of your order.
3 Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services. For information about how we manage your personal information please see our Privacy Notice.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
4 Your email address
4.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
4.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of that name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
4.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
5 Your Material
5.1 If you post any Material in Our Website, you warrant that you own the copyright and all other necessary rights in it and you accept all risk and responsibility for it. You grant to us the right to communicate, edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose. You further warrant that any fact stated in your Material is accurate.
5.2 You agree that if you do post any Material on Our Website in doing so you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You consent to our use of that Material without identifying you as the author, and you agree that we may use the work in a manner even if that use has the potential to affect your honour or reputation..
5.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
6 Price, payment and service provision
All prices listed on Our Website are USD.
6.1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.
6.2 You agree to pay the monthly charge for the Services from the PayPal account or credit card you you have or will have supplied to us. You authorise us to arrange withdrawal of funds from that account each month without further reference to you. You undertake to keep your payment details up to date and notify us of any changes in a timely manner.
6.3 Payments are billed in advance on the same day as your initial order each month. If you have elected an annual subscription, payment will be billed on the date of your order and on the annual anniversary of your purchase date. You will receive notice 30 days prior to your date of annual renewal.
6.4 Our Services may be provided by email / made available for you to download / in the way we have explained in our Website.
6.5 If we are not able to provide your Services within [10] days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
6.6 Once Service provision has started, you may cancel the Services at any time on giving us 21 clear days notice. Payment will be due until the expiry of the notice period.
6.7 We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.
6.8 If we change the nature or provision of the Services, you may terminate this contract.
6.9 If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
6.10 You may not share or allow others to use the Services in your name.
6.11 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
7 Refund Policy
7.1 We do not offer refunds if you change your mind about using our Services. Refunds will only be provided in compliance with Australian Consumer Law.
7.2 We reserve the right to refuse service jobs in which case we will promptly refund your payment within one working day.
8 Cancellation of order
8.1 Recurring transactions can be cancelled at any time by submitting a request at support @ virtualdoo.com or directly with the payment provider e.g. Stripe.
8.2 Service jobs can be cancelled before we commence work. If you wish to cancel a service job after we have commenced work you will be charged a reasonable fee for the work completed up until the notice of cancellation, plus an administration fee of $100
8.3 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the Services to you.
9 Dissatisfaction with the Services
9.1 If for any reason you are not completely happy with your purchase, contact us immediately and tell us:
9.1.1 exactly why you think we have failed;
9.1.2 the date, if relevant, of the failure;
9.1.3 when and how you discovered the failure;
9.1.4 the result of the failure;
9.1.5 your suggestion as to action we should take to resolve the situation and restore your faith in us.
9.2 To do this, it is essential that you contact us at support @ virtualdoo.com.
10 Applicable Law, foreign taxes, duties and import restrictions
10.1 This Agreement is governed by and construed in accordance with the law of Australia and you consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia in any dispute arising out of or relating to the use of Our Website or Services. You may provide notice to us of dispute by issuing a Ticket via Our Website or otherwise by email addressed to ‘the Directors’ and sent to support @ virtualdoo.com. We may provide notice to you via email or other electronic means.
10.2 This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
10.3 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country. If you are resident in a jurisdiction where the use of Our Website is unauthorized, it is your responsibility to cease using this website.
10.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
10.5 You are responsible for purchasing Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.
11 Disclaimers
11.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
11.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large web based business. We would be grateful if you bring to our immediate attention, any that you find.
11.3 We give no warranty and make no representation, express or implied, as to:
11.3.1 the adequacy or appropriateness of the Services for your purpose;
11.3.2 the truth of any Content on Our Website published by someone other than us;
11.3.3 any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used;
11.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
11.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
11.5 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the products or Services you have purchased, even if those products or Services were provided to you without cost.
11.6 Where we provide products or Services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other product or Service for which a charge is made.
11.7 Any liability to us for consequential loss suffered by you as a result of the use of Our Website or Services is limited to you reasonably foreseeable losses in accordance with Australian Consumer Law.
12 Indemnity
You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of Our Website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
13 System Security
13.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
13.2 You may not use any software tool for the purpose of extracting data from our website.
13.3 You understand that any violation of the obligations described in this clause is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
14 Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
14.1 You will not use or allow anyone else to use Our Website to post, communicate or otherwise publish:
14.1.1 copyright works;
14.1.2 commercial audio, video or music files;
14.1.3 any Material which violates the law of any established jurisdiction;
14.1.4 unlicensed software;
14.1.5 software which assists in or promotes emulators, phishing, hacking, password cracking, IP spoofing;
14.1.6 links to any of the material specified in this paragraph;
14.1.7 pornographic Material;
14.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race, religion, or colour.
14.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
14.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
14.2.2 The sending of junk mail;
14.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
14.2.4 Excessive and repeated posting off-topic messages to newsgroups;
14.2.5 Excessive and repeated cross-posting;
14.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
14.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18;
14.2.8 The sending of material that promotes or in any way supports an illegal activity.
15 Confidential Information and Intellectual Property Rights
15.1 You agree to keep safe the Confidential Information remains our property and not to disclose or make available for disclosure to any person, any part of it. If you are unsure whether information is confidential or not, assume it remains confidential until otherwise notified. The obligation to maintain confidentiality continues after you have stopped using Our Website or Services.
15.2 Once you stop using Our Website or Services or upon earlier demand, you agree to return to us any of our Confidential Information that is in your possession or control, including destroying all electronic files, applications and software stored on your equipment.
15.3 Any disclosure of Confidential Information may result in immediate termination of your access to Our Website or Services and prosecution for damages resulting from that breach.
15.4 We will defend the intellectual property rights in connection with Our Website and Services including copyright in the Content and Material whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
15.5 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights and usage rights shall remain the sole property of us and / or the other Content provider. We will strongly protect those rights in all countries.
15.6 Except as set out below, you may not communicate, copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
15.7 You may not use our name or logos or trade marks or any other Content on any website or other medium of yours or that of any other person without our express written permission.
15.8 You may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
16 Miscellaneous provisions
16.1 When we communicate with you we do so by email. You agree that email communications create electronic transactions that are contractually binding in accordance with applicable law. .
16.2 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
16.3 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
16.4 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
16.5 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.