Terms & Conditions

1. Introduction

Welcome to Webintic ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website creation and management platform (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

Webintic is headquartered in Melbourne, Australia. These Terms are governed by Australian law, including the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2. Definitions

• "Account" means your registered user account on the Service.
• "Content" means any text, images, videos, code, or other materials uploaded or created through the Service.
• "Customer Data" means any data or information you provide or upload to the Service.
• "Service" means the Webintic website creation and management platform.
• "Subscription" means a paid or trial plan providing access to the Service.
• "User" or "you" means the individual or entity using the Service.

3. Acceptance of Terms

By creating an Account, accessing the Service, or clicking "I agree" during registration, you represent that:

• You are at least 18 years of age or the age of majority in your jurisdiction;
• You have the legal capacity to enter into binding contracts;
• If you are acting on behalf of a business, you have authority to bind that entity to these Terms;
• All information you provide is accurate, current, and complete.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must create an Account. You agree to provide accurate and complete information and to update it as necessary.

4.2 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately of any unauthorized access or security breach.

4.3 Account Sharing

You may not share your Account credentials with others or allow multiple users to access your Account unless expressly permitted by your Subscription plan.

5. Subscriptions and Payments

5.1 Subscription Plans

We offer various subscription plans with different features and pricing. Details of available plans are provided on our website. Prices are stated in Australian Dollars (AUD) or US Dollars (USD) depending on your location.

5.2 Free Trial

We may offer a free trial period. Each user is entitled to one free trial per lifetime. At the end of the trial period, your Subscription will automatically convert to a paid plan unless you cancel before the trial ends.

5.3 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All payments are processed through our secure payment provider (Stripe). By providing payment information, you authorize us to charge your payment method for the applicable fees.

5.4 Automatic Renewal

Your Subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription fee.

5.5 Price Changes

We reserve the right to modify our pricing. We will provide at least 30 days' notice of any price increases. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5.6 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including GST (Goods and Services Tax) where applicable under Australian law.

5.7 Refunds

Subject to the Australian Consumer Law guarantees (see Section 12), subscription fees are generally non-refundable. If you cancel your Subscription, you will retain access to the Service until the end of your current billing period.

6. User Obligations and Acceptable Use

6.1 Compliance with Laws

You agree to use the Service in compliance with all applicable laws and regulations, including Australian laws regarding data protection, privacy, intellectual property, and online conduct.

6.2 Prohibited Uses

You agree not to:

• Use the Service for any illegal, fraudulent, or unauthorized purpose;
• Upload or transmit viruses, malware, or other harmful code;
• Attempt to gain unauthorized access to our systems or other users' Accounts;
• Interfere with or disrupt the Service or servers;
• Use the Service to send spam, phishing emails, or unsolicited communications;
• Violate the intellectual property rights of others;
• Upload Content that is defamatory, obscene, harassing, or otherwise objectionable;
• Engage in any activity that could harm minors;
• Scrape, data mine, or use automated tools to access the Service without permission;
• Resell or redistribute the Service without authorization.

6.3 Customer Data Responsibility

You are solely responsible for your Customer Data and the Content you create or upload. You represent that you have all necessary rights to use and upload such data and that it does not violate any third-party rights or applicable laws.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its design, features, software, trademarks, and all related intellectual property, is owned by Webintic or our licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms.

7.2 Your Intellectual Property

You retain all ownership rights to your Customer Data and Content. By uploading Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and display your Content solely to provide and improve the Service.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, royalty-free license to use such feedback without any obligation to you.

8. Service Availability and Modifications

8.1 Service Availability

We strive to maintain high availability of the Service but cannot guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We are not liable for any modifications or discontinuation of the Service.

9. Termination

9.1 Termination by You

You may cancel your Subscription at any time through your Account settings or by contacting us. Cancellation will take effect at the end of your current billing period.

9.2 Termination by Us

We may suspend or terminate your Account immediately without notice if:

• You breach these Terms;
• Your payment method fails or you have unpaid fees;
• We are required to do so by law;
• We believe your use of the Service poses a security or legal risk.

9.3 Effect of Termination

Upon termination, your right to access and use the Service will immediately cease. We may delete your Customer Data after a reasonable period. You should export any data you wish to retain before termination. Sections of these Terms that by their nature should survive termination will continue to apply.

10. Data Security and Backup

We implement reasonable security measures to protect your Customer Data. However, no system is completely secure, and we cannot guarantee absolute security. While we perform regular backups, you are responsible for maintaining your own backups of important data. We are not liable for any loss or corruption of Customer Data.

11. Third-Party Services

The Service may integrate with or contain links to third-party services, websites, or content. We are not responsible for the availability, content, or practices of third-party services. Your use of third-party services is governed by their own terms and policies.

12. Warranties and Disclaimers

12.1 Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract and obtain a refund, or to compensation for any reasonably foreseeable loss or damage. You are also entitled to have the service rectified within a reasonable time, and if this cannot be done, to cancel the contract and obtain a refund for the unused portion.

12.2 Service "As Is"

Subject to the guarantees under the Australian Consumer Law that cannot be excluded, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12.3 No Warranty of Uninterrupted Service

We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

13. Limitation of Liability

13.1 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be lawfully excluded, restricted, or modified.

13.2 Limitation

To the maximum extent permitted by law, our total liability to you for any claims arising from or related to the Service or these Terms is limited to the amount you paid us in the 12 months preceding the claim, or AUD $100, whichever is greater.

13.3 Exclusion of Consequential Damages

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill, even if we were advised of the possibility of such damages.

13.4 Exceptions

The limitations in this section do not apply to liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited under applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Webintic and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use or misuse of the Service;
• Your violation of these Terms;
• Your violation of any rights of third parties;
• Your Customer Data or Content.

15. Dispute Resolution

15.1 Informal Resolution

If you have a dispute with us, please contact us first to attempt to resolve it informally. Most disputes can be resolved through good-faith negotiation.

15.2 Governing Law

These Terms are governed by the laws of the State of Victoria, Australia, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Melbourne, Victoria, Australia.

15.3 Consumer Rights

Nothing in this section affects your rights as a consumer under the Australian Consumer Law.

16. General Provisions

16.1 Amendments

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

16.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

16.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

16.5 Assignment

You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms without restriction.

16.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, labor disputes, or government actions.

17. Contact Information

If you have any questions about these Terms, please contact us at: