Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to LeadingWeb.Design (the ‘Website’). The Website provides website services (the ‘Services’).
1.2. The Website is operated by Leading Web Design (ABN 41405146716) . Access to and use of the Website, or any of its associated Products or Services, is provided by Leading Web
Design. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Leading Web Design reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Leading Web Design updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Leading Web Design in the user interface.
- Subscription to use the Services
3.1. In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘ Account’).
3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact
(a) Email address
(b) Telephone number
3.5. You warrant that any information you give to Leading Web Design in the course of completing the registration process will always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted
immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
3.7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Leading Web Design; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
- Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Leading Web Design of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Leading Web Design providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Leading Web Design;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Leading Web Design for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.1. Where the option is given to you, you may make payment of the Subscription Fee by way of:
(a) Credit Card Payment (‘Credit Card’)
(b) PayPal (‘PayPal ‘)
5.2. All payments made in the course of your use of the Services are made using Stripe and Paypal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe and Paypal terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
5.4. You agree and acknowledge that Leading Web Design can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
- Refund Policy
Leading Web Design will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Leading Web Design makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).
- Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of Leading Web Design are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Leading Web Design or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Leading Web Design, who grants to you a worldwide, non-exclusive, royalty-free, revocable
license whilst you are a Member to: Leading Web Design does not grant you any other rights
whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Leading Web Design.
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in
the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and
7.3. Leading Web Design retains all rights, title and interest in and to
the Website and all related Services. Nothing you do on or in
relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark,
industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name,
domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent,
registered design or copyright (or an adaptation or
modification of such a thing, system or process),
7.4. You may not, without the prior written permission of Leading
Web Design and the permission of any other relevant rights
owners: broadcast, republish, up-load to a third party, transmit,
post, distribute, show or play in public, adapt or change in any
way the Services or third party Services for any purpose, unless
otherwise provided by these Terms. This prohibition does not
extend to materials on the Website, which are freely available for
re-use or are in the public domain.
8.1. Leading Web Design takes your privacy seriously and any
information provided through your use of the Website and/or
which is available on the Website.
- General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees,
warranties, representations or conditions implied or imposed by
law, including the Australian Consumer Law (or any liability
under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or
conditions which are not expressly stated in the Terms are
(b) Leading Web Design will not be liable for any special,
indirect or consequential loss or damage (unless such
loss or damage is reasonably foreseeable resulting from
our failure to meet an applicable Consumer Guarantee),
loss of profit or opportunity, or damage to goodwill arising
out of or in connection with the Services or these Terms
(including as a result of not being able to use the Services
or the late supply of the Services), whether at common
law, under contract, tort (including negligence), in equity,
pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk.
Everything on the Website and the Services is provided to you
“as is” and “as available” without warranty or condition of any
kind. None of the affiliates, directors, officers, employees, agents,
contributors and licensors of Leading Web Design make any
express or implied representation or warranty about the Services
or any products or Services (including the products or Services
of Leading Web Design) referred to on the Website, includes (but
is not restricted to) loss or damage you might suffer as a result of
any of the following:
(a) failure of performance, error, omission, interruption,
deletion, defect, failure to correct defects, delay in
operation or transmission, computer virus or other harmful
component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration
or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on
the Website, the Services, or any of its Services related
products (including third party material and
advertisements on the Website);
(c) costs incurred as a result of you using the Website, the
Services or any of the products of Leading Web Design;
(d) the Services or operation in respect to links which are
provided for your convenience.
- Limitation of liability
10.1. Leading Web Design’s total liability arising out of or in
connection with the Services or these Terms, however arising,
including under contract, tort (including negligence), in equity,
under statute or otherwise, will not exceed the resupply of the
Services to you.
10.2. You expressly understand and agree that Leading Web Design,
its affiliates, employees, agents, contributors and licensors shall
not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by
you, however caused and under any theory of liability. This shall
include, but is not limited to, any loss of profit (whether incurred
directly or indirectly), any loss of goodwill or business reputation
and any other intangible loss.
- Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or
by Leading Web Design as set out below.
11.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Leading Web Design
via the ‘Contact Us’ link on our homepage.
(a) not renewing the Subscription prior to the end of the
(b) providing Leading Web Design with 14 days’ notice of
your intention to terminate; and
(c) closing your accounts for all of the services which you
use, where Leading Web Design has made this option
available to you.
11.3. Leading Web Design may at any time, terminate the Terms with
(a) you do not renew the Subscription at the end of the
(b) you have breached any provision of the Terms or intend to
breach any provision;
(c) Leading Web Design is required to do so by law;
(d) the provision of the Services to you by Leading Web
Design is, in the opinion of Leading Web Design, no
longer commercially viable.
11.4. Subject to local applicable laws, Leading Web Design reserves
the right to discontinue or cancel your membership at any time
and may suspend or deny, in its sole discretion, your access to
all or any portion of the Website or the Services without notice if
you breach any provision of the Terms or any applicable law or if
your conduct impacts Leading Web Design’s name or reputation
or violates the rights of those of another party.
12.1. You agree to indemnify Leading Web Design, its affiliates,
employees, agents, contributors, third party content providers
and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs,
expenses, loss and damage (including legal fees on a full
indemnity basis) incurred, suffered or arising out of or in
connection with Your Content;
(b) any direct or indirect consequences of you accessing,
using or transacting on the Website or attempts to do so;
(c) any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the
following clauses have been complied with (except where urgent interlocutory
relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(a) Within 14 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which
they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Conflict Resolution Service or his or
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator
as a pre-condition to the mediation commencing. The Parties must each
pay their own costs associated with the mediation;
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations for the
purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
(d) The mediation will be held in an online meeting, Australia.
- Venue and Jurisdiction
The Services offered by Leading Web Design is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to
the Website, you agree that the exclusive venue for resolving any dispute shall
be in the courts of Queensland, Australia.
- Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed,
interpreted and construed by, under and pursuant to the laws of Queensland,
Australia, without reference to conflict of law principles, notwithstanding
mandatory rules. The validity of this governing law clause is not contested. The
Terms shall be binding to the benefit of the parties hereto and their successors
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds
of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms shall
remain in force.
Date: June 2020