PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Last updated: 15 July 2022
For the purposes of these terms and conditions, “us”, “our” and “we” refers to LaunchDay Company and our Website. “you”, “your” “user” refers to you, the client, visitor, Website user or person using our Website.
USE OF WEBSITE
By using this Website, accessing or purchasing any of our products and/or services, you warrant that:
1. you are over 18 years of age and have legal capacity to enter into a legally binding contract;
In using our Website, we expect you to meet our standards of behaviour. You must not:
1. breach another person’s privacy and use their details without their consent to do anything on our Website;
2. interfere with anyone using this Website;
3. use our Website to send unsolicited emails or correspondence;
4. use this Website to defame, harass, threaten or offend any person;
5. use our Website in any way that is or may be damaging to this Website; or
6. assist anyone else do any of the above.
If you don't agree with our Terms, then you must cease using our Website immediately.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these Terms regularly prior to using our Website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our Website then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms govern your and our rights and obligations to each other.
On our Website, we offer for purchase website templates. These website templates have been designed by us and we reserve all of our intellectual property rights for our website templates.
Once you purchase a website template, you will receive an email from us with a link to download the website template from a third party provider together with an installation key which is not transferrable and is for your use only.
You are solely responsible for the completion and use of your website template. You will need to complete the website template by including information relative to your business or your intended use of the website template.
We provide no warranties or representations regarding these website templates. You purchase and use the website templates at your own risk.
WEB DESIGN SERVICES
To engage our custom design services, a formal quote must be agreed. All proposals, quotes and projects are subject to the client terms included in our Web Design Agreement. When you engage our services, you agree that we are reliant on the information supplied by you, the client, in order to provide the services. We cannot be held responsible for any results of our services based on such client information and we cannot be held responsible for how you choose to use the outputs of our services. Any Website designs, themes, custom code, images and other content (together “Material”) you may find on our Website are owned by us or may have been created by us for our clients with permission to reproduce on our Website. At no time are you permitted to copy, download, share or otherwise use this Material for any purpose. All Material on our Website is copyright protected.
FEES AND PAYMENT
Our fees are all in United States Dollar(USD). We may change the fees on our Website at any time without notice to you. The price applicable at the time of purchase of any of our website templates will be the fees in force at that time.
LaunchDay Company offers visitors who want to purchase from our Website the option to pay for any of our website templates by Paypal, Stripe or credit card or such other method of payment as notified by us from time to time. You acknowledge and agree to make full payments to LaunchDay Company for the website templates purchased on time and without delay. If you fail to make payment or payment is declined for any reason, we may revoke your access to our Website, without refund. When making payments to us, you warrant that you have read the terms and conditions of any third party payment gateway provider or credit provider (e.g. Paypal, Stripe etc) which are available on their respective websites.
LaunchDay Company will charge the fee applicable on our Website at the time of your purchase of the website template. All tax invoices will be issued in Australian Dollars and must be paid in accordance with our terms. Purchases of our website templates are strictly non-refundable.
If you elect to make payments via instalments as offered by us from time to time on our Website, then any amounts due and payable under these Terms will be in accordance with our "Direct Debit Request" form and any other terms or conditions agreed by you at the time of authorising us to directly debit your nominated account. Your initial instalment is due at the time of your purchase and your second instalment payment is due 30 days after your purchase. Credit Card details will be retained by the payment gateway used by LaunchDay Company to process your instalment payment. You authorise LaunchDay Company to debit your account the sum of the second instalment on the 30th day after your initial purchase. If we remove the instalment option from our Website at any time and your second instalment remains unpaid at that time or it has not yet fallen due, you will still be liable to LaunchDay Company for the second instalment payment in accordance with these Terms.
GRANTING OF LICENCE
If you have purchased any of our website templates or to which you are granted access, LaunchDay Company grants you a limited, personal, non-exclusive, non-transferable license to use website template for your own personal and internal business use. Except as otherwise provided, you acknowledge and agree that you have no right and no right to engage an alternate third party to edit, modify, reproduce, copy, create derivative works of, reverse engineer, alter, sell, enhance or in any way exploit any of the website templates in any manner, except for modifications in completing the website template for your authorised use.
You must not remove any copyright notice from any of the website templates. Doing so may infringe on our intellectual property rights.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our Website that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the Website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this Website and to purchase any goods or services.
LINKS TO OTHER WEBSITES
We may from time to time provide on our Website, links to other Websites, advertisements and information on those Websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those Websites. We takes no responsibility for any of the content found on the linked Websites. Our Website may contain malware, viruses, information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our Website or its server is free of viruses or any other harmful components (ie. viruses) nor do we make any representations as to there being no possibility of failure to store communications or any other data.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its Website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of us to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Website or any products or services that may be offered through it. It is your responsibility to do so.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our Website and services but not for any other use.
DISCLOSURE OF INFORMATION
We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the Terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of us. We expressly exclude and do not permit you to use or access our Website, to download any documents or information from our Website or obtain any such documents or information through a third party. If you breach this term, then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our Website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the Website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Website. We expressly reserve all copyright and trademark in all documents, information and materials on our Website and we reserve the right to take action against you if you breach any of these Terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other Website or other form of electronic retrieval system.
These Terms represent the whole agreement between you and us concerning your use and access to our Website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these Terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms and conditions.
BREACH OF TERMS
The agreement constituted between us by your use of our Website or purchase of our website templates may be terminated or access revoked where you breach any provision of these Terms or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Website.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
This agreement and this Website are subject to the laws of NSW and Australia. If there is a dispute between you and us that results in litigation then you must submit to the jurisdiction of the courts of NSW.
If you have any questions regarding our Terms, just connect with us by email at [email protected]