{"id":91,"date":"2022-02-07T00:41:43","date_gmt":"2022-02-07T00:41:43","guid":{"rendered":"https:\/\/grendesign.com.au\/products\/?page_id=91"},"modified":"2025-10-13T06:15:50","modified_gmt":"2025-10-13T06:15:50","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/grendesign.com.au\/products\/terms-of-use\/","title":{"rendered":"terms of use"},"content":{"rendered":"<p>[et_pb_section fb_built=&#8221;1&#8243; _builder_version=&#8221;4.24.0&#8243; background_color=&#8221;#002F34&#8243; background_enable_image=&#8221;off&#8221; background_blend=&#8221;overlay&#8221; bottom_divider_height_tablet=&#8221;50px&#8221; bottom_divider_height_phone=&#8221;&#8221; bottom_divider_height_last_edited=&#8221;on|tablet&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_row column_structure=&#8221;1_2,1_2&#8243; _builder_version=&#8221;4.16&#8243; custom_padding=&#8221;50px|||||&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_column type=&#8221;1_2&#8243; _builder_version=&#8221;4.16&#8243; global_colors_info=&#8221;{}&#8221;][\/et_pb_column][et_pb_column type=&#8221;1_2&#8243; _builder_version=&#8221;4.16&#8243; global_colors_info=&#8221;{}&#8221;][et_pb_text module_class=&#8221;header-title&#8221; _builder_version=&#8221;4.16&#8243; header_font=&#8221;Grendesign Font Bold||||||||&#8221; header_2_font_size=&#8221;40px&#8221; header_3_font=&#8221;Grendesign Font Bold||||||||&#8221; header_3_font_size=&#8221;25px&#8221; header_4_font=&#8221;|||on|||||&#8221; header_4_font_size=&#8221;20px&#8221; header_6_font=&#8221;Grendesign Font Bold|700|||||||&#8221; header_6_font_size=&#8221;15px&#8221; header_6_line_height=&#8221;1.7em&#8221; background_layout=&#8221;dark&#8221; header_2_font_size_tablet=&#8221;40px&#8221; header_2_font_size_phone=&#8221;27px&#8221; header_2_font_size_last_edited=&#8221;on|phone&#8221; global_colors_info=&#8221;{}&#8221;]<\/p>\n<h1>Terms of Use<\/h1>\n<p>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=&#8221;1&#8243; _builder_version=&#8221;4.16&#8243; global_colors_info=&#8221;{}&#8221;][et_pb_row module_id=&#8221;hosting&#8221; _builder_version=&#8221;4.16&#8243; custom_margin=&#8221;-4px|auto||auto|false|false&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_column type=&#8221;4_4&#8243; _builder_version=&#8221;4.16&#8243; custom_padding=&#8221;|||&#8221; global_colors_info=&#8221;{}&#8221; custom_padding__hover=&#8221;|||&#8221;][et_pb_text _builder_version=&#8221;4.16&#8243; header_3_font=&#8221;Grendesign Font Bold||||||||&#8221; header_3_font_size=&#8221;25px&#8221; header_4_font=&#8221;|||on|||||&#8221; header_4_font_size=&#8221;20px&#8221; header_6_font=&#8221;Grendesign Font Bold|700|||||||&#8221; header_6_font_size=&#8221;15px&#8221; header_6_line_height=&#8221;1.7em&#8221; background_size=&#8221;initial&#8221; background_position=&#8221;top_left&#8221; background_repeat=&#8221;repeat&#8221; header_2_font_size_tablet=&#8221;&#8221; header_2_font_size_phone=&#8221;27px&#8221; header_2_font_size_last_edited=&#8221;on|phone&#8221; global_colors_info=&#8221;{}&#8221;]<\/p>\n<p class=\"p1\"><strong><span class=\"s1\">1 Introduction &amp; Definitions<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">Welcome to the Grendesign\u2019s product website (this &#8220;Site&#8221;) which is owned and operated by Code Collective Pty Ltd.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">These terms of use are a legal agreement (&#8220;this Agreement&#8221; or &#8220;these terms&#8221;) which sets forth the terms and conditions which govern your use of this Site, as well as the products and services (individually and collectively, the &#8220;Services&#8221;) found at this Site, but does not cover Services individually supplied by resellers.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">In order to become a user of Services, you must irrevocably agree to be bound by these terms. If you do not agree to be bound by these terms, you must ensure you do not indicate to us your acknowledgement and agreement to be irrevocably bound by these terms. Your acknowledgement and agreement to be irrevocably bound by these terms will be indicated to us upon making an application to us for the use or purchase of Services, purchasing or using the Services provided by us, or becoming one of our customers at any time, whichever occurs first. In these terms, references to &#8220;we&#8221;, &#8220;us&#8221;, &#8220;our&#8221;, and so on shall refer to and its number of trading names (including, in particular, ) except where explicitly specified as otherwise.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">In these terms, references to &#8220;you&#8221;, &#8220;customer&#8221;, &#8220;user&#8221;, &#8220;your&#8221; and so on, shall refer to the person who requests or utilises the provision of this Site, or any Services provided by us.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">In these terms, references to &#8220;Services&#8221; include any product, license, package, plugin, service or account offered by us.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">In these terms, references to &#8220;Days&#8221; shall refer to calendar days, unless specified otherwise.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">In these terms, references to &#8220;Spam&#8221; shall refer to distribution of unsolicited bulk and\/or commercial electronic messages over the Internet.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">In these terms, references to &#8220;Supplier&#8221; or &#8220;Registry Operator&#8221; shall refer to any third party which provides a product\/service which we resell\/offer to you.<\/span><\/p>\n<p class=\"p3\"><strong><span class=\"s2\">1.1 Representations you make about yourself<\/span><\/strong><\/p>\n<p class=\"p4\"><span class=\"s2\">This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.<\/span><\/p>\n<p class=\"p4\"><span class=\"s2\">By using this Site, or by applying for, renewing, transferring, taking ownership, or using any Services found at this Site, you irrevocably undertake, represent, warrant and agree that:<\/span><\/p>\n<ol class=\"ol1\">\n<li class=\"li5\"><span class=\"s2\">You are at least 18 years of age, and that we may terminate this Agreement immediately without providing a refund if we discover that you are under 18 years of age at the time of entering into this Agreement;<\/span><\/li>\n<li class=\"li5\"><span class=\"s2\">The Registered Name Holder shall provide to the company registrar (&#8220;Registrar&#8221;) accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation;<\/span><\/li>\n<li class=\"li5\"><span class=\"s2\">Where you act on behalf of a corporate entity, you have the legal authority to bind such corporate entity to these terms, in which case the terms &#8220;you&#8221;, &#8220;your&#8221;, &#8220;User&#8221; or &#8220;customer&#8221; in this Agreement shall refer to such corporate entity. If, after your agreement to these terms, we learn that you do\/did not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these terms. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but undertake no duty) to require additional authentication from you;<\/span><\/li>\n<li class=\"li5\"><span class=\"s2\">You shall not permit any other person to use your username in order to gain access to the service, nor shall you divulge to any other person any password which you may from time to time use in gaining access to the services. If your password becomes known, you will inform us immediately. We may require you to change your password where considered necessary, and<\/span><\/li>\n<li class=\"li5\"><span class=\"s2\">You agree at all times to indemnify us for any expenses, costs, damages, penalties, imposts and any other liabilities we incur from time to time, whether directly or indirectly, as a result of you transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by or connected with the provision of services to you, including without limitation liability for breach of copyright or any other intellectual property rights.<\/span><\/li>\n<\/ol>\n<p class=\"p3\"><strong><span class=\"s2\">1.2 Terms governing your account<\/span><\/strong><\/p>\n<p class=\"p4\"><span class=\"s2\">In order to access some of the features of this Site or use some of the Services found at this Site, you will have to activate an account (&#8220;Account&#8221;). You represent and warrant to us that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If we have reasonable belief that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right to suspend or terminate your Account.<\/span><\/p>\n<p class=\"p4\"><span class=\"s2\">You are solely responsible for the activity that occurs on your Account, whether authorized by you or not. It is your responsibility to ensure your Account information is secure, including without limitation your customer number\/login, password and payment method(s). You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss we or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.<\/span><\/p>\n<p class=\"p3\"><strong><span class=\"s2\">1.3 Structure of terms<\/span><\/strong><\/p>\n<p class=\"p4\"><span class=\"s2\">These terms are structured so that there are clauses which apply to all Services (&#8220;the general clauses&#8221;) and there are clauses which apply in respect of particular Services. Unless a specific subsection is cited, references to any clause include the subsection in that clause (for example, a reference to clause 1 includes this subsection 1.3, while a reference to clause 1.2 does not include this subsection 1.3).<\/span><\/p>\n<p class=\"p4\"><span class=\"s2\">For the purposes of these terms, the general clauses refer to clauses 1 to clauses 15, while the remaining clauses specify which particular Services they apply to.<\/span><\/p>\n<p class=\"p4\"><span class=\"s2\">Several of the remaining clauses may not apply as you may not have purchased or used those particular Services. However, if you have purchased a particular Service, and there is an inconsistency between a general clause and the clause which applies in respect of that particular Service, you agree that the inconsistency shall be resolved by giving precedence to the clause applying to the particular Service.<\/span><\/p>\n<p class=\"p1\"><strong><span class=\"s1\">2 Acceptable use &amp; general conduct<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">You irrevocably agree that it is your responsibility at all times to:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li6\"><span class=\"s2\">Use our service and services in a manner which does not violate any applicable laws or regulations;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Respect the conventions of the newsgroups, lists and networks that you use;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our Service;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Respect the privacy of others;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Use the service in a manner which does not interfere with or disrupt other network users, services or equipment;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Refrain from acts that waste resources or prevent other users from receiving the full benefit of our Services; and<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Ensure your use of our Services remains ethical and in accordance with accepted community standards.<\/span><\/li>\n<\/ul>\n<p class=\"p2\"><span class=\"s1\">It is not acceptable to use our Service(s) for the following non-exhaustive examples and you irrevocably agree that you will not use our Service(s) to:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li6\"><span class=\"s2\">Violate copyright or other intellectual property rights or publish any material that infringes any third party&#8217;s intellectual property rights or any other rights;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Illegally store, use or distribute software;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Transmit threatening, obscene or offensive materials;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Engage in electronic &#8216;stalking&#8217; or other forms of harassment such as using abusive or aggressive language;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Misrepresent or defame others;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Commit fraud;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Engage in misleading or deceptive on-line marketing practices;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Conduct any business or activity or solicit the performance of any activity that is prohibited by law;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Make an unauthorised transmission of confidential information or material protected by trade secrets;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">&#8220;Spam&#8221; or engage in &#8220;spamming&#8221; activities, or sending unsolicited commercial activities;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Post or transmit defamatory, harassing, abusive or threatening language;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Create, distribute or provide information\/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Facilitate a violation of this clause and the relevant Acceptable Use Policy;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Perform any other action through utilization of any service which we deem unsatisfactory;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Run Proxy or any proxy related services; or<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Use greater than 100,000 inodes (every file on your hosting account uses 1 inode), or create file system damage by the rapid creation of large volumes of files.<\/span><\/li>\n<\/ul>\n<p class=\"p2\"><span class=\"s1\">You also agree not to attempt any of the following:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li6\"><span class=\"s2\">Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Use more than 512MB of RAM;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Use, create or generate (directly or indirectly) in excess of 100 website connections or 100 active processes;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Use more than 1MB\/s of disk IO;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Run stand-alone, unattended\/automated server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Run any software that interfaces with an IRC (Internet Relay Chat) network;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Run any gaming servers\/services;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Use hosting services for storage of any data not related to the displayed website. You are expressly prohibited from use as an online file repository;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Store more than 1 full backup of your web space at any time. The oldest backup file\/s will be automatically deleted from our servers after 1 month of creation if your account exceeds this limit. Only backups created using the hosting manager are acceptable, all other backup files will be deleted;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Execute any script for longer than 180 seconds;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Execute any database query that takes longer than 30 seconds to complete;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Create or maintain in excess of 1,000 tables per database;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Create or maintain in excess of 1GB of storage per database;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Any activity which causes the server to crash \/ restart;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Check their email more than every 3 minutes; or<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Enable error logging\/debugging for more than 15 minutes at a time, create more than 500 debug\/log files per day or use more than 1GB of disk space for debug\/log files<\/span><\/li>\n<\/ul>\n<p class=\"p2\"><span class=\"s1\">You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">You must at all times comply with law. You irrevocably agree that you will also be in breach of this Agreement on violation of state, federal or international laws.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">You irrevocably agree that any breach of this clause can result in immediate suspension or termination of services and loss of all data held on provided services, and you release us, our staff and our suppliers of any liability resulting in such instances.<\/span><\/p>\n<p class=\"p1\"><strong><span class=\"s1\">3 Liability &amp; indemnity<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">You expressly and irrevocably agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of Services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any of the following, non-exhaustive, examples:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li6\"><span class=\"s2\">Loss of business, contracts, profits or anticipated savings;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Other indirect or consequential or economic loss whatsoever;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Negligence, misconduct, or breach of this agreement by you;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Incomplete, inadequate or otherwise problematic use of any Services by you;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Incomplete, inadequate or lack of knowledge and experience necessary for use of any Services;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Allegation that your account infringes a third person&#8217;s copyright, trademark, or intellectual property right, or misappropriates a third person&#8217;s trade secrets due to the information you have provided us, and<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services.<\/span><\/li>\n<\/ul>\n<p class=\"p2\"><span class=\"s1\">You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Where to do so is unlawful under any legislative provision (&#8220;Act&#8221;) falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service\/product again or payment of the cost of having the service\/product supplied again.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">You expressly and irrevocably agree that this clause survives the expiry and\/or termination of Services or this Agreement.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.<\/span><\/p>\n<p class=\"p1\"><strong><span class=\"s1\">4 Fees<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">The charges for our services are published on our web site. We maintain the ability to change them at will, however changes shall not be retrospective.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Charges for a service are those published at the time you request for the service. Special, promotional or bundled pricing for particular Services may be limited on a per year\/member\/email address basis; prices displayed after account login and prior to payment will indicate eligibility for such pricing. You agree to pay for all the services you request and\/or use. Charges that you pay are non-refundable, except where we have expressly consented otherwise.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">You agree that failure to pay or failure of payment being honoured will void your application and relieve us of any responsibility with regards to the provision of the services applied for.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">You are solely responsible for the renewal of any held services with us. You acknowledge and agree that we may, at our discretion, choose to send notification of expiry but are not obliged to do so, but that it is your responsibility to ensure that your electronic contact address is valid, active and correct. You hereby agree that we cannot and shall not be held responsible for any loss\/suspension\/termination of any service arising from a failure to renew your services.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Indicative renewal fees are published on our website -. There is no variation in post expiry renewal fees from pre expiry renewal fees.<\/span><\/p>\n<p class=\"p1\"><strong><span class=\"s1\">5 Payment<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">You irrevocably agree and authorise that if any payment due from you to us is not received by the due date, that we may directly debit that payment using the credit card account details provided by you upon registration.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owed to us by you. Without limitation to the above, we may charge an administration fee for any dishonoured cheques.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment, we reserve the right to purge all data pertaining to your account with us without liability whatsoever.<\/span><\/p>\n<p class=\"p3\"><strong><span class=\"s2\">5.1 Merchant Facilities<\/span><\/strong><\/p>\n<p class=\"p4\"><span class=\"s2\">Our merchant facilities are provided by Stripe gateway<\/span><\/p>\n<p class=\"p4\"><span class=\"s2\">We use a range of merchant facilities to process payments for our products and services. Our available payment methods include VISA, Mastercard.<\/span><\/p>\n<p class=\"p4\"><span class=\"s2\">We endeavour to offer payment methods to suit you and your market however we cannot make any guarantees or assurances that your chosen payment method is available or does not incur additional fees with your chosen financial institution.<\/span><\/p>\n<p class=\"p3\"><strong><span class=\"s2\">5.2 Pricing<\/span><\/strong><\/p>\n<p class=\"p4\"><span class=\"s2\">All pricing is displayed exclusive on applicable taxes and surcharges. Any applicable amounts will be included in the total amount on the final screen prior to order completion. By proceeding with order completion you irrevocably agree and authorise to the displayed amount being either drawn from the selected payment method or required to be processed by you as a manual payment (e.g wire transfer).<\/span><\/p>\n<p class=\"p4\"><span class=\"s2\">All pricing is displayed in the currency noted on the page being viewed. The location of the currency indicator may relocate from time to time. It is your responsibility to ensure that the currency indicated is of your personal preference. Via our financial institutions we will make every effort to ensure that your payment is processed in the currency selected. This may not be available from time to time and payment may be processed in another currency based on live foreign exchange rates. We shall not be held liable for any additional charges or perceivable losses incurred as a result of exchange rates, commissions, credit card fees or any other loss imposed by neither our nor your financial institution. You agree to waive any and all claims based upon such instances (including any and all claims for a refund based on the foregoing).<\/span><\/p>\n<p class=\"p3\"><strong><span class=\"s2\">5.3 Applicable Taxes<\/span><\/strong><\/p>\n<p class=\"p4\"><span class=\"s2\">All items within our product range use GST<\/span><\/p>\n<p class=\"p3\"><strong><span class=\"s2\">5.4 Automatic Renewal Service Agreement<\/span><\/strong><\/p>\n<p class=\"p4\"><span class=\"s2\">Your purchase includes an automatic renewal service. This keeps your products and services up and running by automatically charging the then-current renewal fees to your payment method on file just before they&#8217;re set to expire, with no further action on your part. You may cancel this service at any time by cancelling your product in your Account Manager or contact our team.<span class=\"Apple-converted-space\">\u00a0 <\/span>You may also receive a notice to the email address on file ahead of your renewal processing. Any cancellations must be actioned 1 calendar day ahead of the renewal date. By opting in to this subscription you agree to be bound by all applicable terms, conditions, policies and procedures which apply to product renewed as they are published within this document.<\/span><\/p>\n<p class=\"p1\"><strong><span class=\"s1\">6 Payment Chargebacks<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">You irrevocably agree that:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li6\"><span class=\"s2\">You cannot seek to reverse a payment (chargeback) in your favour.<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">We may hold you to the transaction, resist the chargeback, and charge you reasonable costs for doing so.<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">We hold the right to suspend and\/or cancel your service and decline you from any further services until all applicable costs have been paid.<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">We reserve the right to engage the services of a debt collection agency should the above costs not be paid, and<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">You will be charged for collection costs in addition to applicable costs in the event that we exercise the right to engage he services of a debt collection agency should the above costs not be paid.<\/span><\/li>\n<\/ul>\n<p class=\"p1\"><strong><span class=\"s1\">7 General privacy policy<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">This policy governs the use and disclosure by us of personal information of our users and outlines how users can access that information. It is only applicable on the assumption that:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li6\"><span class=\"s2\">You provide us with all information marked as compulsory on the relevant application forms<\/span><\/li>\n<li class=\"li7\"><span class=\"s1\">You warrant that all information provided to us is complete, accurate and up to date at all times<\/span><\/li>\n<\/ul>\n<p class=\"p1\"><strong><span class=\"s1\">8 Notification<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">You irrevocably agree that we may provide notification or communication by:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li6\"><span class=\"s2\">Emailing the notice or hyperlink to a webpage that contains the notice, to the most recent electronic contact address supplied to us;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Calling the most recent number supplied to us;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Ordinary mail\/hand delivery to the most recent postal address supplied to us; or<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">Any other method permitted by law.<\/span><\/li>\n<\/ul>\n<p class=\"p2\"><span class=\"s1\">You irrevocably agree that any notification or communication is deemed to have been received by you as follows:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li6\"><span class=\"s2\">If it (or hyperlink to it) is emailed: one hour after it leaves our mail server;<\/span><\/li>\n<li class=\"li6\"><span class=\"s2\">If it is hand delivered: at the time of delivery; or<\/span><\/li>\n<\/ul>\n<p class=\"p2\"><span class=\"s1\">In any other method: at the time by which it would have been delivered as per the normal course of the given method.<\/span><\/p>\n<p class=\"p1\"><strong><span class=\"s1\">9 Right to deny<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">In addition to any other options, we may, in our discretion, without notice, refuse to supply, cancel, suspend or transfer any service should we believe it is necessary to protect the integrity, stability and security of us, the Site, or our affiliates\/agents; or at the request of any law enforcement agency; or pending any applicable dispute resolution process or in effort to avoid potential liability, civil or criminal, on our part.<\/span><\/p>\n<p class=\"p1\"><strong><span class=\"s1\">10 Amendments to Agreement<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">We, in our sole and absolute discretion, may change or modify this Agreement, and any further agreements incorporated herein, at any time. We will endeavour to provide notice to you of any such amendments that affect this Agreement and you, by email to the most recent electronic contact address supplied to us Account, or in whatever way we deem most effective. Such amendments shall be effective at the time specified in the notice or if no such time is indicated or otherwise, immediately upon the posting of such amendments on this Site. Changes to this Agreement will become evident by the posting a &#8220;Last Revised&#8221; date at the bottom of this page. Further use of the Site and its Services will indicate acceptance of these revised conditions. If you do not agree to be bound by any such changes or amendments, or this Agreement last revised, discontinue use of the Site and Service thereof.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Please refer to the latest revised version of this Agreement posted on our Site prior to the renewal of any services, and prior to purchasing, registering, applying for, or subscribing to any new Services offered by Us. The latest revised version will apply to any Services at the date of the renewal, or to any new services at the date of the application, registration, purchase, or transfer, whichever is earliest. If you do not agree to be bound by this Agreement as last revised, discontinue use of the Site and Service thereof, do not proceed with renewal of any existing Services, and\/or do not take out any new Services, whichever is appropriate.<\/span><\/p>\n<p class=\"p1\"><strong><span class=\"s1\">11 Waiver<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">A waiver by us of a provision or right under this agreement is binding on it only if it is given in writing and signed by our authorised officer. A waiver is effective only in the specific instance and for the specific purpose for which it was given. Failure by us to exercise or delay in exercising a right under this agreement does not prevent our exercise of the same right at a later date, at any time, or operate as a waiver of our rights in the matter.<\/span><\/p>\n<p class=\"p1\"><strong><span class=\"s1\">12 Further assurance<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">You must at our request promptly execute and deliver such further documents and do such further acts as are reasonably necessary to give full effect to your obligations under this agreement.<\/span><\/p>\n<p class=\"p1\"><strong><span class=\"s1\">13 Reasonable Control<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control.<\/span><\/p>\n<p class=\"p1\"><strong><span class=\"s1\">14 Applicable law and entirety of Agreement<\/span><\/strong><\/p>\n<p class=\"p2\"><span class=\"s1\">You expressly and irrevocably agree that:<\/span><\/p>\n<ol class=\"ol1\">\n<li class=\"li5\"><span class=\"s2\">This Agreement is governed by the law of Australia and the Federal Laws of Australia, and embodies the entire understanding and agreement between the parties, and supersedes all prior agreements (written and oral), understandings and representations, unless otherwise stated in this Agreement;<\/span><\/li>\n<li class=\"li5\"><span class=\"s2\">We may amend these terms at any time in accordance with clause 10, and such amendments will become effective in accordance with that clause following which if you continue to use the services, you are deemed to have agreed to be bound by those amendments. It is your responsibility to review our website periodically to ascertain whether these terms have been changed; and<\/span><\/li>\n<li class=\"li5\"><span class=\"s2\">Except as specified in 10 and 14(b), no variations may be made to this Agreement unless it is in writing and signed by our authorised representative.<\/span><\/li>\n<\/ol>\n<p>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Terms of Use1 Introduction &amp; Definitions Welcome to the Grendesign\u2019s product website (this &#8220;Site&#8221;) which is owned and operated by Code Collective Pty Ltd. These terms of use are a legal agreement (&#8220;this Agreement&#8221; or &#8220;these terms&#8221;) which sets forth the terms and conditions which govern your use of this Site, as well as the [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","inline_featured_image":false,"footnotes":""},"class_list":["post-91","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/grendesign.com.au\/products\/wp-json\/wp\/v2\/pages\/91","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/grendesign.com.au\/products\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/grendesign.com.au\/products\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/grendesign.com.au\/products\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/grendesign.com.au\/products\/wp-json\/wp\/v2\/comments?post=91"}],"version-history":[{"count":7,"href":"https:\/\/grendesign.com.au\/products\/wp-json\/wp\/v2\/pages\/91\/revisions"}],"predecessor-version":[{"id":836,"href":"https:\/\/grendesign.com.au\/products\/wp-json\/wp\/v2\/pages\/91\/revisions\/836"}],"wp:attachment":[{"href":"https:\/\/grendesign.com.au\/products\/wp-json\/wp\/v2\/media?parent=91"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}