Website Terms & Conditions
This website is operated by
TransFURmations. Throughout this statement and this website, the terms
“we”, “us” and “our” refer to the operator of this website.
We offer
this website, including all information, tools and services available from
this site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By visiting our site
and/or purchasing something from us, you engage in our “Service” and agree
to be bound by the following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of
content.
Please read these Terms of Service carefully before accessing
or using our website. By accessing or using any part of the site, you agree
to be bound by these Terms of Service. If you do not agree to all the terms
and conditions of this agreement, then you may not access the website or use
any services. If these Terms of Service are considered an offer, acceptance
is expressly limited to these Terms of Service.
Any new features
or tools which are added to the current store shall also be subject to the
Terms of Service. You can review the most current version of the Terms of
Service at any time on this page. We reserve the right to update, change or
replace any part of these Terms of Service by posting updates and/or changes
to our website. It is your responsibility to check this page periodically
for changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes.
Section 1 – General Conditions
We reserve the right to refuse
service to anyone for any reason at any time.
You understand that
your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is not transferred to our
website, but may be transferred to a third party PCI-compliant payment
processor such as PayPal, DPS, SecurePay and others. Credit card information
is always encrypted during transfer to any payment processor.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of the Service, use of the Service, or access to the Service or any contact
on the website through which the service is provided, without express
written permission by us.
You must pay all fees and charges by the due
date unless otherwise arranged.
We are not a data backup service.
You must keep backups of your own information and data, including all email
and web content.
You must inform WonderWebs of any changes to your
address and contact details.
You must inform WonderWebs in a
timely manner if you wish to terminate your business with WonderWebs.
We are not a law firm and we do not provide legal advice. It is your
responsiblity to ensure your website complies with all relevant laws.
The headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
Section 2 – Client
Responsibilities
As a client, you are responsible for ensuring that
any content uploaded or managed via our services complies with applicable
laws and regulations. You are also responsible for maintaining current and
accurate account information and contact details, ensuring compatibility of
your software and hardware with our services, and safeguarding your own
backups. Failure to meet these responsibilities may affect service provision
or resolution of issues.
Section 3 – Online Store Terms
By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or that
you are the age of majority in your state or province of residence and you
have given us your consent to allow any of your minor dependents to use this
site.
You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You
must not transmit any worms or viruses or any code of a destructive
nature.
A breach or violation of any of the Terms will result in an
immediate termination of your Services.
Section 4 – Accuracy,
Completeness and Timeliness Of Information
We are not responsible if
information made available on this site is not accurate, complete or
current. The material on this site is provided for general information only
and should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely
sources of information. Any reliance on the material on this site is at your
own risk.
This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at
any time, but we have no obligation to update any information on our site.
You agree that it is your responsibility to monitor changes to our site.
Section 5 – Modifications to the Service or Prices
Prices
for our products and services are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or
content thereof) without notice at any time.
We shall not be liable to
you or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
Section 6– Products or Services
(if applicable)
For details on returns and refunds for eligible
products or services, please review our Refund Policy found elsewhere on
this website. Refunds are subject to the terms outlined in the policy and
may vary depending on product or service type.
We have made every
effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer
monitor’s display of any color will be accurate.
We reserve the right,
but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product
pricing are subject to change at anytime without notice, at the sole
discretion of us. We reserve the right to discontinue any product at any
time. Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will
meet your expectations, or that any errors in the Service will be
corrected.
Section 7 – Accuracy of Billing and Account
Information
We reserve the right to refuse any order you place with
us. We may, in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event that
we make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at the
time the order was made. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate
purchase and account information for all purchases made at our store. You
agree to promptly update your account and other information, so that we can
complete your transactions and contact you as needed.
Section
8 – Optional Tools
We may provide you with access to third-party
tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is”
and “as available” without any warranties, representations or conditions of
any kind and without any endorsement. We shall have no liability whatsoever
arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at
your own risk and discretion and you should ensure that you are familiar
with and approve of the terms on which tools are provided by the relevant
third-party provider(s).
We may also, in the future, offer new
services and/or features through the website (including, the release of new
tools and resources). Such new features and/or services shall also be
subject to these Terms of Service.
Section 9 – Third Party Links
Certain content, products and services available via our Service may
include materials from third-parties.
Third-party links on this
site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy
and we do not warrant and will not have any liability or responsibility for
any third-party materials or websites, or for any other materials, products,
or services of third-parties.
We are not liable for any harm or
damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third-party
websites. Please review carefully the third-party’s policies and practices
and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products
should be directed to the third-party.
Section 10 – User
Comments, Feedback and other Submissions
If, at our request, you
send certain specific submissions (for example contest entries) or without a
request from us you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise
(collectively, ‘comments’), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that
we determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use a false
e-mail address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
Section 11 – Personal Information
Our
Privacy Policy governs the submission and handling of your personal
information. You can review the Privacy Policy here. Please ensure that you
read and understand how your information is managed.
Section 12 –
Errors, Inaccuracies and Omissions
Occasionally there may be
information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any
information in the Service or on any related website is inaccurate at any
time without prior notice (including after you have submitted your
order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without
limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related website,
should be taken to indicate that all information in the Service or on any
related website has been modified or updated.
Section 13 –
Prohibited Uses
In addition to other prohibitions as set forth in
the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or
transmit viruses or any other type of malicious code that will or may be
used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet. We reserve
the right to terminate your use of the Service or any related website for
violating any of the prohibited uses.
Section 14 – Disclaimer of
Warranties, Limitation of Liability
We do not guarantee, represent
or warrant that your use of our service will be uninterrupted, timely,
secure or error-free.
We do not warrant that the results that may be
obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is
at your sole risk. The service and all products and services delivered to
you through the service are (except as expressly stated by us) provided ‘as
is’ and ‘as available’ for your use, without any representation, warranties
or conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness
for a particular purpose, durability, title, and non-infringement.
We
shall not be liable for any loss or damage, whether direct, indirect,
incidental, punitive, or consequential, arising from the use of or reliance
on third-party software, software bugs, software limitations, hardware
faults, or defects affecting the performance or availability of our
services. It is the user’s responsibility to ensure that any tools,
software, or platforms used meet their requirements.
In no case shall
WonderWebs Business Websites & Web Development Platform, our directors,
officers, employees, affiliates, agents, contractors, interns, suppliers,
service providers or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential damages of
any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether
based in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any products
procured using the service, or for any other claim related in any way to
your use of the service or any product, including, but not limited to, any
errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do not
allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.
Section 15 –
Indemnification
You agree to indemnify, defend and hold harmless
WonderWebs and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third-party due to
or arising out of your breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law or the rights of
a third-party.
Section 16 – Severability
In the event
that any provision of these Terms of Service is determined to be unlawful,
void or unenforceable, such provision shall nonetheless be enforceable to
the fullest extent permitted by applicable law, and the unenforceable
portion shall be deemed to be severed from these Terms of Service, such
determination shall not affect the validity and enforceability of any other
remaining provisions.
Section 17 – Termination
The
obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any time by
notifying us that you no longer wish to use our Services, or when you cease
using our site. We may terminate these Terms of Service at any time by
notifying you that we no longer wish to provide our Services to you.
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will remain
liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part
thereof).
Section 18 – Entire Agreement
The failure
of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us
on this site or in respect to The Service constitutes the entire agreement
and understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any
ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
Section 19 – Governing Law
These Terms of Service and any separate agreements whereby we
provide you Services shall be governed by and construed in accordance with
the laws of the country that the operator of this website resides in.
Section 20 – Dispute Resolution
In the event of a dispute
arising from these Terms of Service or the use of our services, both parties
agree to first attempt to resolve the issue through informal discussions. If
a resolution cannot be reached, disputes shall be submitted to mediation or
arbitration in accordance with the rules of the relevant governing body in
the jurisdiction specified above. Legal proceedings shall only be pursued if
all other methods fail.
Section 21 – Changes to Terms of Service
You can review the most current version of the Terms of Service at
any time at this page.
We reserve the right, at our sole
discretion, to update, change or replace any part of these Terms of Service
by posting updates and changes to our website. It is your responsibility to
check our website periodically for changes. Your continued use of or access
to our website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.
Section
22 – Force Majeure
We shall not be held liable for any delay or
failure in performance caused by circumstances beyond our reasonable
control, including but not limited to acts of God, natural disasters, wars,
strikes, pandemics, failures of telecommunications or utilities, or any
other event beyond our control. During such events, we reserve the right to
suspend or modify services as needed.
Section 23 – Contact
Information
Questions about the Terms of Service should be sent to
us through the contact information on this website.