Website Terms and Conditions of Use

Thank you for visiting our website. This website is owned and operated by AKS Digital (ABN:67488008392). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy. You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

1. About the Website
(a) Welcome to https://aksdigital.com.au (the ‘Website’). The Website, Website Design, WordPress Maintenance, Email Marketing, Payme, Reviewme, Covertme, Reputation management, Addons, Social Media Marketing, Content marketing, Website Builder, Conversion rate optimisation, Marketing automation, Pay per click, Search engine optimisation, Website hosting. (the ‘Services’, ‘Service’).
(b) The Website is operated by AKS Digital (ABN 67433008392). Throughout the site, the terms “we”, “us” and “our” refer to AKS Digital.  Access to and use of the Website, or any of its associated Products or Services, is provided by AKS Digital. Please read these terms and conditions (the ‘Terms’, ‘Terms of Service’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) AKS Digital reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any new features or tools which are added to the current site shall also be subject to the Terms. When AKS Digital 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.

2. Acceptance of the Terms
(a) 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. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by AKS Digital in the user interface or any other content provided to you by AKS Digital.

3. Subscription to use the Services
(a) 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’).
(b) 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.
(c) 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’).                                                                                                                                                                                                                                                              (d) 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 details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(vi) Business Name, first name and last name, business address
(e) You warrant that any information you give to AKS Digital in the course of completing the registration process will always be accurate, correct and up to date.
(f) 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 access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’) and AKS Digital and confirmed and activated the service.
(g) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with AKS Digital; or
(ii) 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.

4. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(ii) 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;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify AKS Digital of any unauthorised use of your password or email address or any breach of security of which you have become aware;(iv) 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 AKS Digital providing the Services;
(v) 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 AKS Digital;
(vi) 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;
(vii) 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 AKS Digital for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its
Services is prohibited.

5. Payment
(a) Where the option is given to you, you may make payment of the Subscription Fee by way of:
(i) Electronic funds transfer (‘EFT’) into our nominated bank account
(ii) Credit Card Payment (‘Credit Card’)
(iii) PayPal (‘PayPal’)
(iv) Cash (‘Cash’)
(v) Cheque (‘Cheque’)
(b)You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. All payments made in the course of your use of the Services are made using Braintree, Stripe, Paypal, electronic funds transfer. 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 Braintree, Stripe, Paypal terms and conditions which are available on their website.
(c) 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 .
(d) You agree and acknowledge that AKS Digital 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.

(e) Regards automatic-billing, by authorising AKS Digital to charge your linked preferred payment processor for the subscription fees associated with your subscription plan, you are authorising AKS Digital to automatically continue charging that payment processor (or any replacement payment method account if the original account fails) for all fees or charges associated with your subscription plan including any renewal fees. You allow the payment processor to pay any amounts described herein and authorise AKS Digital to continue to attempt to charge all sums described herein to your account until such amounts are paid in full. AKS Digital will notify you in advance of any change in the amount to be charged for a recurring subscription.

(f) AKS Digital may, e.g. as part of a marketing campaign or similar, provide its services free of charge to certain users, e.g. on a trial basis. Specific terms of such offers shall be deemed included in these Terms of Use.

 (g) If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products/services and pricing plans at any time. We also reserve the right to refuse any order you place with us. 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.

6. Refund Policy
AKS Digital 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 AKS Digital 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 ‘). Unless you have purchased a 30 day money back guarantee with a no questions asked service. To claim the 30 day money back guarantee, you must contact AKS digital by sending an email to [email protected] before 30 days to claim your money back.

7. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of AKS Digital 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 AKS Digital or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by AKS Digital, who grants to you a worldwide, non-exclusive, royaltyfree, revocable license whilst you are a Member to: AKS Digital does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by AKS Digital.
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
(c) AKS Digital 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:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) 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 to you. process),
(d) You may not, without the prior written permission of AKS Digital 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. Privacy
(a) AKS Digital takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to AKS Digital’s Privacy Policy, which is available on the Website.

9. General Disclaimer
(a) 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.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) AKS Digital 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.
(c) 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 AKS Digital make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of AKS Digital) 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:
(i) 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;
(ii) 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);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of AKS Digital; and
(iv) the Services or operation in respect to links which are provided for your
convenience.

10. 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.

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services 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 on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

11. Products or services
(a) Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

(b) User content

We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour 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.

12. Website Hosting

(i) AKS Digital uses high-performance web servers provided for optimal use with WordPress websites and offers  various plans options with an uptime performance of or up to 99.9%.

(ii) AKS Digital will include a monthly price for the hosting and associated technical support for customer websites.

(iii) AKS Diigtal  will use their best endeavours to rectify the cause of any disruption in the hosting service of a customer’s website(s) and to minimise the duration of any such instances. We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore latest daily backup to minimise the impact and downtime. Website hosting customers will only be allowed to request the latest full restore daily backup provided via our support portal. We can only perform a FULL restore of all the WordPress files and the database file from a specific backup file. We can not restore individual files or partial data.  To request a restore of your website, you must contact us through our support portal.

(vi) Hosting migration – If you wish to bring your website to us we will migrate your website to our servers for free – we will need your permission and login details in order to carry out the migration to our servers.

(vii) AKS Digital will not be liable to the customer for any compensation in respect of any downtime that may occur with the hosting of their website(s).

(viii) With regard to any images or download files uploaded to a customer’s website by a customer it is the responsibility of the customer to retain a copy of these on their local PC/LAN. In the unlikely event of hard drive failure or other technical failure with the web server it will be the responsibility of the Customer to re-upload these files. 

(ix) In the event that a customer wishes to move their website and/or SQL Server Database to another web server supported by another party, then AKS Digital will provide the necessary details to migrate, subject to all outstanding amounts being paid up in full.

(x) In the event that the Customer requires assistance with remedying a situation with their website that is not a technical fault caused by AKS Digtal the time expended by AKS Digital will be charged to the Customer in accordance with clause, unless they have subscribed to one of our WordPress maintenance plans.

(xi) AKS Digital will invoice for hosting on a monthly, quarterly or yearly basis in advance.

(xii) If you cancel your hosting during your current billing period, we will prorate the advanced amount to be refunded.

(xiii) AKS Digital includes a free SSL certificate for the website hosting. Lets encrypt. We are not liable for any functionality performance due to lets encrypt failure. If the customer requires a different SSL certificate to be installed we will install it for free on our server.

(xiv) We are not liable for any functionality or performance issues caused or downtime that occurs due to your third party website hosting. We will inform you of any issues we find with your third-party website hosting.

13. WordPress Maintenance

We backup your WordPress website each night between 12 AM EST and 4 AM EST unless you send us an email requesting for your backups to be done at a different time. We only backup your WordPress Files, WordPress directories, and the WordPress Database. We do not backup files or directories that are not part of the WordPress installation. We store the number of backup files allowed according to your plan. We store the backup files in Amazon S3 secure storage services servers so that your data is safe. The total space consumed by your website’s WordPress files and database file must be less than the maximum allowed by your subscription plan as specified in our plans and pricing page. If your website’s backup exceeds the amount allowed by your plan, then you must upgrade to a higher plan. A typical WordPress business Website is less than 1 GB. If your website is bigger than 1GB, which is the maximum allowed by our professional plan, we will be glad to accommodate your business needs by charging you an additional fee for each extra 1 GB of data. We will inform you of that fee at the time that you exceed the 1 GB and you will not be charged for the first backup exceeding the 1 GB.

WordPress Maintenance plans can request to restore their website data. The maximum number of restores per month is determined by your plan. You can request to restore your website from any of the existing backups created by our Services during the last x days as allowed by your plan. For example, if you have a plan that allows for 30 days of backup, you may request to restore your website from any of those 14 days.  It is possible that on a given day a backup fails. If a backup fails you will receive notification of that failure and we can not restore your website to that date of failure. We can only perform a FULL restore of all the WordPress files and the database file from a specific backup file. We can not restore individual files or partial data.  To request a restore of your website, you must contact us through our support portal and we will provide you with further instructions. For the security of your data, we do not specify on our Site the entire procedure to request a restore of  your website. We do not provide any guarantee on how long it will take us to restore your WordPress files and database from a backup but we try to start your restoration within 2 hours of receiving your authorised request. You can make additional requests for a restore at a cost of $9.99 per request. If you are subscribed to a free plan, we can not restore your website. Depending on the size of your files and database, it can take anywhere from 15 minutes to 2 hours for the restoration process to complete. You can request a free copy of your backup file (limited to 1 free request per month). You can request any of the existing backup files stored according to your plan. You can make additional requests for a backup file at a cost of $9.99 per request. To request a copy of your backup file, just contact us through our support portal and we will provide you with further instructions on how to download your backup file.

(b) Limitations to Website Updates

By subscribing to one of our plans, you authorise us to update all of the WordPress core files, the active theme, and all of the active plugins as needed. We update all WordPress plugins and themes (when a new release is available) that allow automatic updates. By automatic updates, we mean all themes and plugins that can be updated from within the WordPress Dashboard. We will not update any themes or plugins that require a file upload. We perform all updates after confirming that your website was successfully backed up. We will only update plugins and themes that are compatible with the version of WordPress that you have installed. We will only update the WordPress core files if all your plugins are compatible with the latest version of WordPress. If after performing any update, your website is not working as it should, we will restore your website for free to how it was before the update. When a new release of a plugin or theme is available, it can take us up to 72 hours to perform the updates because we first need to verify that the updates are compatible with your current WordPress version.  We will update inactive themes and plugins for security reasons but we highly recommend that you delete all inactive themes and plugins. We will never delete a plugin or theme without your prior written consent. We typically start all backups between 12 AM EST and 3am EST then perform all updates after confirming that your website was successfully backed up. It is your sole responsibility to notify us via email if you notice that your website is not working properly after any updates are performed and ask us to restore your website to the latest backup version. If we have to restore your website, we can not recover any content, posts, pages, or any changes that occurred between the time the backup was created and the time the website was restored.

14. Payme

Payme facilitates users to sell, and buyers to buy, items. You do not buy from, or sell to, us. We do not fulfil sales from sellers to purchasers. We cannot ensure that a buyer or seller will fulfil their obligations and complete a transaction.

(a) When using our site or services, you agree that you will not:
(i) Violate any laws, any third party rights (including copyright or other intellectual property rights), or our policies.
(ii) Fail to pay for items purchased by you.
(iii)Fail to deliver items purchased from you.
(iv) Post any material which is harmful, inappropriate, illegal, defamatory, libelous, offensive, indecent or is an invasion of privacy (and you agree that the decision as to whether any material falls within these categories will be made entirely by us, acting reasonably).
(v) Post any material that infringes any intellectual property right, including without limitation copyright, patent or trademark of any third party (and you agree that the decision as to whether any material falls within these categories will be made entirely by us, acting reasonably).
(vi) Be disrespectful to other users (and you agree that the decision as to whether any behaviour falls within this category will be made entirely by us, acting reasonably).
(vii) Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, viruses, pyramid schemes, or anything that may, in our reasonable opinion, harm, annoy or inconvenience the operation of Plug&paid or its users.
(viii) Use scripts, bots or other automated technology to access, modify or scrape content from our site or services.
(ix) Utilise recurring billing functionality without properly obtaining your customers’ consent to be billed in such a manner.

(x) We are not responsible for any other websites that are linked through to our site or services. We do not endorse any content on those sites.

(xi) You agree that we can contact you from time to time, by email or otherwise, in relation to the operation of our site or services.

(xii) We reserve the right to display advertising or other content on any part of our site or services.

(xiii) We do not claim any ownership rights to any material, files, or content such as images, text, video files or audio files made available for, or incidental to, any sale via our site or services. By publishing an item for, or incidental to, any sale you do provide us with a world-wide, royalty free, non-exclusive license to reproduce or edit that content for the purposes of promoting and using our site and services.

(viv) If you wish to delete content, we will make reasonable efforts to remove it from our site and services, but you acknowledge that caching or references to the content may mean that the content continues to be visible.

(xv) You agree that if you dispute a transaction you entered into with another user, you will contact the other user directly to resolve the dispute via the buyer/seller contact details provided via our email communication to you. You agree that we do not have any obligation to resolve the dispute between you and the other user regarding the transaction. We may choose to become involved in the dispute at our discretion, but we have no obligation to do so.

(b) Sellers’ Responsibilities

(i) You cannot conduct the types of businesses or sell the types of products or services on AKS Digital which are shown on our Prohibited Items and Business Activities.

(ii) All plugs hosted by our site and services and their respective sales are deemed to occur on the seller’s site and you, when you act as a seller, agree that that sale is governed exclusively by the laws of the country in which you or your business legally reside as registered by your local government authority.

(iii) When selling, you must comply with all applicable laws, regulations, standards, and codes of conduct, which apply to your sale. You are solely responsible for ensuring that you understand your obligations in this regard, and that you comply with those obligations. This includes, but is not limited to, your obligation not to sell illegal or copyright infringing products.

(iv) When selling, you are responsible for all applicable taxes that arise from your sale, including issuing a tax invoice if applicable.

(v) We are not a party to the contract between you and the buyer. The contract of sale is directly between you and the buyer. It is your responsibility to ensure that goods and services are delivered / provided to the buyer at the agreed sale price and within the agreed time period.

(vi) It is your responsibility to report your GST (Tax) liabilities for all sales direct to the appropriate tax authority in your country of residence or where your business is registered.

(viii) When selling, you will not provide inaccurate, false or misleading information to AKS Digital or to prospective buyers and you must promptly notify us if any previously supplied information becomes inaccurate, false or misleading. You must also notify prospective buyers, including by changing your sale information.

(ix) When selling, you may not collect data from users or otherwise use any data that is obtained from our site or services unless you have our written permission.

(x) When selling, you agree not to offer for sale, sell, or post content which promotes tobacco products, illegal drugs, prescription medication, hazardous or restricted items, offensive material, counterfeit items, personal information in any form, police badges or uniforms, stolen property, shares, securities or other financial products, blood, bodily fluids or body parts, weapons, explosives, ammunition, obscene material, pornography, banned adult products, gambling/betting products or services, visa and/or immigration services, or copyrighted / branded goods that you do not own or have all the necessary rights to offer for sale or promote. You agree that the decision as to whether any item falls within any of these categories will be made by entirely us, acting reasonably.

(xi) When selling, you may only offer legal adult-orientated items, or regulated items, such as alcohol, via our site or services if you comply with all applicable laws, regulations and industry codes, including, but not limited to, restricting the content and sale to age verified users, and ensuring the products and services are not procured by persons under the legal age for purchase.

(xii) You must not download software or other code onto a user’s system without the consent of the user.

(xiii) When selling you must make clear to prospective buyers the period for which the item is available, and by which time it will be delivered, as well as any terms of use that apply to the item, or any limitations or restrictions that apply. These should be outlined, for example, on the website hosting the plug and cart, or a social media page linking to your Payme cart.

(c) Buyers’ Responsibilities

(i) A buyer agrees that a purchase is within the laws of the country wherein the buyer resides and/or is registered for business and for purposes of jurisdiction is governed exclusively by the laws of the seller’s country. All transactions via our site or services are deemed to occur in the seller’s registered country of residence or the country in which the seller’s business has been registered.

(ii) We are not a party to the contract between the buyer and seller. The contract of sale is directly between the buyer and the seller. It is the buyer’s responsibility to ensure that payment for items is made to the seller at the agreed sale price and within the agreed time period.

(iii) The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

(d) Payme Service

(i) For transactions via our site or services, we will enable purchasers to pay for sellers’ items using secure gateways provided by payments systems like PayPal, Stripe and Bitpay.

(ii) Payment processing services provided by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a seller on Payme, you agree to be bound by the Stripe Services Agreement, and accept that they may be modified by Stripe from time to time. As a condition of Payme enabling payment processing services through Stripe, you agree to provide Payme accurate and complete information about you and your business, and you authorise Payme to share it and transaction information related to your use of the payment processing services provided by Stripe.

Furthermore, Payme offers a subscription management and billing software service through Stripe. You acknowledge and agree that: (iia) We are not a bank or other chartered depository institution; and (iib) We will not be holding any monies for you or your customers. Accordingly, you agree that we will not be responsible or liable for any amounts related to any credit-card or payment transaction of subscription services purchased via one of our merchants.

(iii) Payment processing services provided by PayPal are subject to the PayPal Acceptable Use Policy. By agreeing to these terms or continuing to operate as a seller on payme, you agree to be bound by the PayPal Acceptable Use Policy, and accept that they may be modified by PayPal from time to time. As a condition of Payme enabling payment processing services through PayPal, you agree to provide Payme accurate and complete information about you and your business, and you authorize Payme to share it and transaction information related to your use of the payment processing services provided by PayPal.

(iv) Payment processing services provided by Bitpay are subject to Bitpay policies which include Bitpay Terms of Use. By agreeing to these terms or continuing to operate as a seller on payme, you agree to be bound by the Bitpay policies and terms, and accept that they may be modified by Bitpay from time to time. As a condition of Payme enabling payment processing services through Bitpay, you agree to provide Payme accurate and complete information about you and your business, and you authorise Payme to share it and transaction information related to your use of the payment processing services provided by Bitpay.

(v) If you wish to apply for an account to transact with other users via our site or services, you agree to:
(i)Complete all forms we may request, providing information which is true and accurate.
(ii) Allow us to undertake identity, credit and any other checks we consider necessary to verify your identity and creditworthiness.
(iii )Grant us sole discretion as to whether we will allow you to transact with other users.
(iv) Take down and cease promotion and sale of any item or service if reasonably requested by us.
(v) Pay all fees associated with using our site and services.

(vi) In return for providing services that allow you to enter into transactions with other users via our site or services, we will charge you the seller, a flat rate monthly or yearly fee. See Pricing.

(vii) We will deduct the applicable service fee and charges directly from your PayPal, Stripe or Bitpay account. If automatic billing is disabled in your account it is your responsibility to renew the monthly/yearly subscription fee before your plugs automatically expire.

(viii) We retain the right to change our fees and charges from time to time at our sole discretion. We will take reasonable steps to inform users prior to any changes.

(ix) You acknowledge and agree that when we receive funds via our site or services we are acting merely as a convenient payment conduit for you. We are not your agent, and we are not required to enforce the payment of any funds via our site or services on your behalf.

(x) We reserve the right to remove or rename a plug assigned to a plug&paid account that is deemed to be inappropriate or not applicable.

(xi) According to United States Internal Revenue Code, payment settlement entities are required to file an information return (e.g. 1099-K form) with the IRS, reporting all payment card transactions for United States based merchants occurring in that calendar year. United States based merchants acknowledge that we may at our sole discretion, report to the United States Internal Revenue Service the total amount of the payments you receive each calendar year as required by law.

(xii) You agree that we can provide disclosures and notices regarding our services to you by posting such disclosures and notices on your Payme account dashboard, emailing them to the email address listed in your Payme account, mailing them to the address listed in your Payme account, or posting them to our website. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices will be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.

(e) Automation Services

(i) When using any of our Automation Services, such as for the purpose of retargeting customers via SMS or e-mail, you may only upload customer information that you collected in the first-party context, such as information you collected from your websites, apps, physical stores, or any other situations where customers have given their explicit consent to share their personal information with you.

(ii) Payme reserves the right to cancel, suspend, terminate or otherwise limit your use and/or access to the Automation Services at any time if we suspect fraudulent, abusive, or unlawful activity, and/or activity that is otherwise contrary to the Terms of Use.

(f) Digital Content Delivery / File Hosting

payme assumes no liability for any of the data that is stored on the payme.askdgitial.com.au system, be it obscene, offensive, illegal, or if it is an infringement of property rights of anyone. Individual users are solely responsible for the file content they upload and store on this service. You are responsible for backing up your files and the sales of your files. Payme acts solely as a technology provider to distribute your (digital) products and cannot be held responsible for unintended distribution due to incorrect configuration of your product(s) (e.g. wrong stock count, product title, incorrect file/link) or the illegal distribution of copyrighted material to which you do not own any rights. Violations may result in the file being removed or your account being terminated without notice.

(g) Quota

Each user is provided with 1GB of storage. All users will begin to receive email warnings when 80% of this quota is consumed. When the quota is reached, no additional files can be uploaded. In order to upgrade your quota to 10GB, please contact us through our Support portal.

(e) Shipping Carrier Services

The Shipping Carrier Services built-into payme allows you access to United States Postal Service (“USPS”), United Parcel Service of America, Inc. (“UPS”), Fedex Corporation, Inc. (“Fedex”) and DHL Express (Germany), GmbH. (“DHL” and each of USPS, UPS, Fedex and DHL a “Carrier” and together the “Carriers”) shipping services to assist you with fulfillment for your payme orders.

(i) Payme serves only as an intermediary between you and the applicable Carrier, allowing you to access shipping services as provided by the individual carrier services through an integrated third-party API (RocketShipIt LLC) whose results are displayed within the payme user interface and shopping cart. Services include: Calculated Rates, Postage Label Generation and Track&Track, or similar services.

(ii) You are responsible for shipping to your customers. payme, and its affiliated websites, is not responsible to pick up, transport, deliver or otherwise deal with your shipment.

(iii) Your use of USPS postage is subject to, and you are responsible for compliance with, all applicable USPS rules. See Shipping Restrictions for more information about what you are and are not permitted to ship through USPS, and Mailing Standards for packaging and labelling requirements.

(iv) Your use of DHL shipping is subject to, and you are responsible for compliance with, all applicable DHL rules. See DHL’s Terms and Conditions of Carriage for the terms and conditions governing your shipment with DHL.

(v) Your use of UPS shipping is subject to, and you are responsible for compliance with, all applicable UPS rules. See the UPS Rate and Services Guide and Tariff as well as the UPS Technology Agreement for the terms and conditions governing your shipment with UPS.

(vi) Your use of Fedex shipping is subject to, and you are responsible for compliance with, all applicable Fedex rules. See Fedex Terms of Use for the terms and conditions governing your shipment with Fedex.

(vii) You are responsible for compliance with all local and international shipping and customs regulations.

(ix) All Shipping Carrier Services used must be associated with Payme orders. Labels may not be transferred or sold to a third party. You are permitted to charge or pass through your shipping costs to your customers at your discretion.

(x) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Shipping Carrier Service, use of the Shipping Service, or access to the Shipping Service without the express written permission by payme.

(xi) You may not use the Shipping Carrier Services for any illegal or unauthorised purpose. You may not, in the use of the Shipping Services, violate any laws in your jurisdiction, the European Union and those deemed applicable under German & Australian Law.

(xii) Payme will not be responsible for any local customs charges, import taxes or duties or any similar charges related to your shipments. You must figure out whether any of these charges will become due, and arrange for their payment. If any such charges become due as a result of your use of the Shipping Carrier Services and are charged to Payme by any competent authority, you agree to reimburse Payme fully in respect of the same within 7 days of our demand.

(xiii) PAYME PROVIDES ACCESS TO SHIPPING SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SHIPPING CARRIER SERVICES. PAYME DISCLAIMS ALL CONDITIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. PAYME SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF SHIPPING CARRIER SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SHIPPING CARRIER SERVICES. IN NO EVENT SHALL PAYME ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE SHIPPING CARRIER SERVICES.

(xv) You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Payme partners, associated websites, officers, directors, agents, and employees, harmless from any liability, expense, loss, claim or demand, including reasonable attorneys’ fees, arising out of or in any way connected with any unauthorised use of the Shipping Service, your breach of these Terms or the documents it incorporates by reference, your violation of any law or the rights of a third party, any data uploaded by you or on your behalf, or any of your actions or omissions related to the Shipping Carrier Services.

(xvi) Any use by you of Shipping Carrier Service is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which shipping services are provided by the USPS, UPS, Fedex and DHL.

(xvii) It is your responsibility to enter true and correct weights and dimensions for your product(s). We are not liable for incorrectly displaying wrong rates in the shopping cart as a result of your input mistakes.

(xviii) Automated shipping-rates are approximations provided by the individual carriers and additional costs may apply. Please check directly with the carrier or on their website if you are unsure about the costs.

15. Website Builder

In using website builder, https://www.brizy.io you warrant that you have read, understood and agree to be bound by the  ProWebGroup OÜ, brizy.io  Terms and Conditions

16. Covertme

In using convertme, https://convertme.aksdigital.com.au you warrant that you have read, understood and agree to be bound by the Sovereign Net LTD, Covertful Terms and Conditions

17. Reviewme

In using reviewme, https://reviewme.aksdigital.com.au you warrant that you have read, understood and agree to be bound by the Sticky Toffee Studios Ltd , Endorsal.io Terms and Conditions.

18. Modifications to the services and prices.

Prices for our products are subject to change without notice. We reserve the right at any time 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.

19. Accuracy of billing, payments and account informations.
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 judgement, 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, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

(a) Username & Password

AKS Digital considers registration information private, and maintains that the safekeeping of your username and password are your responsibility. We are not liable for any unauthorised use of your username and password.

20. 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.

21. 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.

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, AKS Digital will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

22. 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.

23. 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.

34. Prohihibted 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.

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

25. Downloads/Accuracy of data
AKS Digital cannot and does not guarantee or warrant that any files available for downloading through this Website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining an appropriate means for the reconstruction of any lost data. There are many inherent risks involved in transmitting information over the Internet. Unauthorised access and faults in computer networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet. Consequently, AKS Digital is unable to warrant that this Website will be free from such risks.

26. Limitation of liability
(a) AKS Digital’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. 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.

(b) In no case shall AKS Digital, 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.

27. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by AKS Digital as set out below.
(b) If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to AKS Digital via the ‘support portal or emailing us at [email protected]
(i) providing AKS Digital with 14 days’ notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where AKS Digital has made this option available to you.
(c) AKS Digital may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) AKS Digital is required to do so by law;
(iii) the provision of the Services to you by AKS Digital is, in the opinion of AKS Digital, no longer commercially viable.
(d) Subject to local applicable laws, AKS Digital 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 AKS Digital’s name or reputation or violates the rights of those of another party.

28. Indemnity
(a) You agree to indemnify AKS Digital, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) 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;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.

29. Dispute Resolution
(a) Compulsory:
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).
(b) Notice:
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.
(c) Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(i) Within 30 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;
(ii) If for any reason whatsoever, 30 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 Victorian Small Business Commission or his or her nominee;
(iii) 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;
(iv) The mediation will be held in Melbourne Victoria, Australia.
(d) Confidential:
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.
(e) Termination of Mediation:
If 6 months 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.

29. Venue and Jurisdiction
(a) The Services offered by AKS Digital 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 Victoria, Australia.

30. Governing Law
(a) The Terms are governed by the laws of Victoria, 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 Victoria, 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 and assigns. Any legal proceedings arising out of or in connection with the use of this Website must be commenced in the appropriate court in Victoria Australia. If you use this Website from locations outside of Victoria Australia, you are solely responsible for compliance with your local laws.

31. Independent Legal Advice

(a) 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.

32. Severance
(a) 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.

33. Affiliate Program

(a) Although we auto-approve new user registrations this does not imply that we cannot cancel your membership if we determine that your site is unsuitable for our Affiliate Program, including if it:

Promotes sexually explicit materials
Promotes violence
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promotes illegal activities
Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are plugnpaid.com or any other affiliated business.

(b) As a member of aksdigital.com.au, you will have access to the Affiliates Section. Here you will be able to download HTML code for the banner creatives and view/copy your unique referral link. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

(b) We reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

(c) The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

(e) It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyright work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.

(i) Affiliate Commissions
For a sale to generate a commission to an Affiliate, the customer must complete the registration form and remit full payment for one of the available paid subscription plans at the time of registering. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.

Since aksdigital subscriptions work on a recurring payment schedule, Affiliates will continue to accumulate commissions for each paid transaction by the referred customer for as long as the customer remains a paying customer.

You cannot refer yourself, and you will not receive a commission on your own accounts.

Payments will only be sent for subscription upgrade transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

If you are running your own Affiliate Program hosted on payme.aksdigital.com.au, as an Advertiser (Merchant) you must take full responsibility to ensure the commission payment of the Affiliate. AKS Digital takes no responsibility or liability in the event that Affiliate fails to arrange or collect payment from the Advertiser (Merchant).

(ii) Payment

An Affiliate can request a payment withdrawal when their balance reaches a minimum balance of $15 USD for PayPal or $100 USD for Bank Wire Transfer. Payment processing can take up to 30 days from the request date.

We are not responsible for any losses incurred should you provide us an incorrect PayPal address or Bank account number (IBAN).

(iii) Refunds

In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.

34. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at

AKS Digital, PO Box 488 South Melbourne VIC 3205 or at

[email protected]

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