Welcome to 51WEB Australia, below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.
1.1. Our Purpose
Our services are designed to allow people from all over the world to easily create a beautiful and engaging online. We provide our users with quality development services, numerous tools and features for creating and publishing stunning websites – by utilizing their own content together with content and features offered by 51WEB and others via our services (collectively – “User Website(s)”).
1.2. Legal Agreement
The 51WEB Terms constitute a binding and enforceable legal contract between 51WEB AUSTRALIA and its affiliated companies and subsidiaries worldwide (“51WEB”, “us” or “we”) and you – so please read them carefully.
1.3. User Account
In order to access and use certain sections and features of the 51WEB Services, you must first register and create an account with 51WEB (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User Websites’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the 51WEB Services), make changes to your User Website(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Websites (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the 51WEB Services, to which you are the sole and exclusive rightsholder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
We reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party. Among others, we may consider the principles set forth below.
Please carefully review these principles and consider adapting your practices accordingly, to ensure that what you believe to be “your” User Account and/or User Website remains as such:
- 51WEB will consider the owner of a User Account, User Website and/or User Content created and/or uploaded to the 51WEB Services, as the person or entity who has access to the e-mail address then listed in 51WEB’s records for such User Account under which such User Website or User Content was created.
- If any Paid Services (as defined in Section 5 below) were purchased via a User Account, 51WEB will consider the owner of such User Account and/or the relevant User Website and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, if a User Website was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the whois.ausregistry.net.au website or on 51WEB’s database, 51WEB will consider the owner of such User Website as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, 51WEB will consider the organization as the actual owner of the domain, and therefore as the owner of the User Website connected to such domain. In event the Billing Information indicates one person as the owner of the User Website and the domain registration indicates a different owner, 51WEB shall consider the person registered as the owner of the domain connected to the 51WEB Account as the owner of the User Website.
- Notwithstanding the forgoing, 51WEB shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event 51WEB deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by 51WEB.
2. Your Obligations
2.1. You represent and warrant that:
- you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the 51WEB Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the 51WEB Terms;
- your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
- you understand that 51WEB does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
And specifically regarding your User Content:
- you own all rights in and to any content uploaded by you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;
- the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Website’s visitors and users (“End Users”) reside, or for 51WEB and/or your End Users to use or possess in connection with the 51WEB Services;
- you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
2.2. You undertake and agree to:
- fully comply with all applicable laws and any other contractual terms which govern your use of the 51WEB Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
- be solely responsible and liable with respect to any of the uses of the 51WEB Services which occur under your User Account and/or User Website(s), and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the 51WEB Services);
- regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Website, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
- receive from time to time promotional messages and materials from 51WEB or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
- allow 51WEB to use in perpetuity, worldwide and free of charge, any version of your User Website (or any part thereof) for any of 51WEB’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against 51WEB or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Website with respect to such limited permitted uses;
- 51WEB’s sole discretion as to the means, manner, and method for performing the 51WEB Services, including those regarding the hosting, transmission, publication and/or display of any User Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
2.3. You agree and undertake not to:
- copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the 51WEB Website, the 51WEB Services (or any part thereof), any Content offered by 51WEB or Third Party Services for use and display within User Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without 51WEB’s prior written and specific consent and/or as expressly permitted under the 51WEB Terms;
- submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of 51WEB or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
- publish and/or make any use of the 51WEB Services or Licensed Content on any website, media, network or system other than those provided by 51WEB, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the 51WEB Services, Licensed Content and/or User Website (or any part thereof), except as expressly permitted by 51WEB, in advance and in writing;
- use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the 51WEB Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the 51WEB Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the 51WEB Services;
- act in a manner which might be perceived as damaging to 51WEB’s reputation and goodwill or which may bring 51WEB into disrepute or harm;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use 51WEB or 51WEB Marks and/or variations and misspellings thereof;
- impersonate any person or entity or provide false information on the 51WEB Services and/or User Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to 51WEB and/or any End Users;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that 51WEB or any third party endorses you, your User Website, your business, your User Products, or any statement you make;
- reverse look-up, trace, or seek to trace another User of 51WEB Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the 51WEB Services and/or User Website without their express and informed consent;
- disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the 51WEB Services, User Website, the account of another User(s), or any other systems or networks connected to the 51WEB Services, by hacking, password mining, or other illegitimate or prohibited means;
- probe, scan, or test the vulnerability of the 51WEB Services or any network connected to the 51WEB Services;
- upload to the 51WEB Services and/or User Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the 51WEB Services or 51WEB’s systems or networks connected to the 51WEB Services, or otherwise interfere with or disrupt the operation of any of the 51WEB Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- use any of the 51WEB Services and/or User Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
- sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or 51WEB Services, except as expressly permitted by the 51WEB Terms;
- remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the 51WEB Services and/or Licensed Content; or
- violate, attempt to violate, or otherwise fail to comply with any of the 51WEB Terms or any laws or requirements applicable to your use of the 51WEB Services.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
3. Content and Ownership
3.1. Your Intellectual Property
As between 51WEB and you, you shall own all intellectual property pertaining to your User Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. 51WEB does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to upload your content to our platform, including cloud services and CDN’s, to make display adjustments and perform any other technical actions required.
3.2. 51WEB’s Intellectual Property
All rights, title and interest in and to the 51WEB Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including php), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the 51WEB Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to 51WEB.
Subject to your full compliance with the 51WEB Terms and timely payment of all applicable Fees, 51WEB hereby grants you, upon creating your User Account and for as long as 51WEB wishes to provide you with the 51WEB Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the 51WEB Services and Licensed Content, for the purpose of generating and displaying your User Website to End Users and offering your User Products and services therein, solely as expressly permitted under the 51WEB Terms, and solely within the 51WEB Services.
The 51WEB Terms do not convey any right or interest in or to 51WEB’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the 51WEB Terms constitutes an assignment or waiver of 51WEB’s Intellectual Property rights under any law.
5. Service Fees
5.1. Paid Services
The use of certain 51WEB Services may be subject to payment of particular fees, as determined by 51WEB in its sole discretion (“Paid Services” and “Fee(s)”, respectively). 51WEB will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
51WEB reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, 51WEB shall have the right to automatically and without notice renew your subscription to such 51WEB Service(s) at the full applicable Fee.
All Fees shall be deemed to be in Australian Dollars, except as specifically stated otherwise in writing by 51WEB. To the extent permitted by law (and unless specified otherwise by 51WEB in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, GST, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the 51WEB Services, or to any payments or purchases made by you. If 51WEB is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). 51WEB is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize 51WEB (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries 51WEB or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
5.3. Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the 51WEB Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by 51WEB in writing). Accordingly, where applicable, 51WEB will attempt to automatically renew the applicable 51WEB Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with 51WEB.
For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable 51WEB Service(s), 51WEB will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the 51WEB Services you use (whether or not such 51WEB Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any 51WEB Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any 51WEB Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against 51WEB in relation to the discontinuation of any 51WEB Services or Third Party Services, for whatever reason.
6.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any 51WEB Services at any time, in accordance with the instructions available on the 51WEB Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the 51WEB Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
6.2. Cancellation by 51WEB
Failure to comply with any of the 51WEB Terms and/or to pay any due Fee shall entitle 51WEB to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related 51WEB Services (e.g., Paid Services) or Third Party Services to you.
6.3. Loss of Data, Content and Capacity
If your User Account or any 51WEB Services or Third Party Services related to your User Account are cancelled (whether at your request or at 51WEB’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). 51WEB shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any 51WEB Services following their cancellation, as determined by 51WEB in its sole discretion.
7. Misconduct and Copyrights
7.1. Misconduct and Abuse
When using the 51WEB Services, you may be exposed to User Websites, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against 51WEB with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the 51WEB Services, please immediately report such User and/or Third Party Service to us. You agree that your report shall not impose any responsibility or liability upon 51WEB, and that 51WEB may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
8. Disclaimer of Warranties
We provide the 51WEB Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the 51WEB Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the 51WEB Services – so please be sure to verify those before using or otherwise engaging them.
51WEB may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Website and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may 51WEB be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the 51WEB Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, 51WEB shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the 51WEB Services and/or connecting and/or dealing with any Third Party Services through or in connection with 51WEB Services, and that 51WEB cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
51WEB does not recommend the use of the 51WEB Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain 51WEB Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain 51WEB Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the 51WEB Services at this BETA stage signifies your agreement to participate in such 51WEB Services’ BETA testing.
9. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, 51WEB, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the 51WEB Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the 51WEB Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the 51WEB Services; (6) events beyond the reasonable control of 51WEB, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of 51WEB Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for 51WEB’s services to you, and such limitations will apply even if 51WEB has been advised of the possibility of such liabilities.
11.1. Changes & Updates
51WEB may change, suspend or terminate any of the 51WEB Services (or any features thereof, or prices applicable thereto), and/or change any of the 51WEB Terms with or without prior notice – at any time and in any manner. If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current 51WEB Services without enabling such changes, or provide you with alternative Services.
We may provide you with notices in any of the following methods: (1) via the 51WEB Services, including by a banner or pop-up within the 51WEB Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. 51WEB’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
51WEB may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the 51WEB Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of 51WEB. Any attempted or actual assignment thereof without 51WEB’s prior explicit and written consent will be null and void.
11.4. Severability & Waivers
If any provision of the 51WEB Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the 51WEB Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
11.5. Customer Service Contact
To get in touch with our Customer Service – please use any of the options listed below:
Send an email message to: firstname.lastname@example.org
By Phone: 1300 658 266