About the Website
Welcome to www.wempydyoctakoto.agency (the ‘Website’). This Website offers publicity, SEO, digital marketing, and related services (the ‘Services’). The Website is operated by Wempy Dyocta Koto Pty Ltd, a company incorporated in Australia (ABN 16388474790). Your access to and use of the Website, or any associated Products or Services, is granted by Wempy Dyocta Koto Pty Ltd. Please review these terms and conditions alongside the FAQs (the ‘Terms’) carefully. By using, browsing, and/or reading the Website, you confirm that you have read, understood, and agreed to be bound by the Terms. If you do not agree with the Terms, you must immediately cease using the Website or any of the Services.
Wempy Dyocta Koto Pty Ltd reserves the right to modify any of the Terms by updating this page at its discretion. Should changes occur, we will make reasonable efforts to notify you of any updates to the Terms. Changes to the Terms will take immediate effect upon publication. We recommend that you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms (including our FAQs) by remaining on the Website and/or subscribing to any of our services. You may also accept the Terms by clicking to agree to the Terms, as offered by Wempy Dyocta Koto Pty Ltd in the user interface.
Registration to Use the Services
To access the Services, you must first complete the Contact Us form on the Website to have your details recorded in our Customer Relationship Management (CRM) system (the ‘Account’).
During the registration process, or while continuing to use the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
– Email address
– Name
– Company Name
– Website URL
– Details of what you wish to promote
You warrant that any information you provide to Wempy Dyocta Koto Pty Ltd during the registration process will always be accurate, correct, and current, and that the content you wish to promote is not illegal.
Upon completing registration, you will become a registered member of the Website (‘Member’) and agree to abide by the Terms. You may not use the Services or accept the Terms if:
– You are not of legal age to form a binding contract with Wempy Dyocta Koto Pty Ltd; or
– You are barred from receiving the Services under the laws of Australia or other jurisdictions, including the country in which you reside or from which you access the Services.
Your Obligations as a Member
As a Member, you agree to adhere to the following obligations:
– You will use the Services only for purposes permitted by the Terms and any applicable laws, regulations, or generally accepted practices in relevant jurisdictions.
– You are solely responsible for maintaining the confidentiality of your password and/or email address. Any use of your password by another individual may result in an immediate cancellation of the Services.
– You must not allow your registration information to be used by any other individual or third parties. You agree to promptly notify Wempy Dyocta Koto Pty Ltd of any unauthorised use of your password or email address or any security breach of which you become aware.
– Access and use of the Website are limited, non-transferable, and permitted solely for your use in connection with Wempy Dyocta Koto Pty Ltd providing the Services.
– You shall not use the Services or the Website in connection with any commercial ventures unless explicitly endorsed or approved by the management of Wempy Dyocta Koto Pty Ltd.
– You will avoid any illegal and/or unauthorised use, including collecting email addresses of Members for unsolicited emails or unauthorised framing or linking to the Website.
– You acknowledge that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may lead to termination of the Services. Wempy Dyocta Koto Pty Ltd reserves the right to take appropriate legal action for any illegal or unauthorised use of the Website.
– You understand that automated use of the Website or its Services is prohibited.
Payment
When applicable, you may pay for the Services (the ‘Services Fee’) via:
– Electronic funds transfer (‘EFT’) into our designated bank account
– Credit card payment (‘Credit Card’)
All payments are processed via Square, Stripe or similar platforms. By using the Website or the Services or making any related payments, you confirm that you have read, understood, and agreed to be bound by the terms and conditions of Square, Stripe, or similar services.
You acknowledge and agree that if a request for payment of the Services Fee is denied or returned for any reason by your financial institution or remains unpaid for any other reason, you are liable for any related costs, including banking fees and charges. You further agree that Wempy Dyocta Koto Pty Ltd may alter the Services Fee at any time. Unless stated otherwise, all payments are monthly subscriptions as outlined in our FAQs.
Refund Policy
Wempy Dyocta Koto Pty Ltd will issue refunds only as specified in our FAQs or if a decision is made by the management at their discretion, considering the circumstances (the ‘Refund’).
Copyright and Intellectual Property
The Website, the Services, and all related materials of Wempy Dyocta Koto Pty Ltd are protected by copyright law. The content on the Website is protected under the copyright laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) regarding the Services and the 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) are owned or controlled by Wempy Dyocta Koto Pty Ltd or its contributors.
All trademarks, service marks, and trade names, including common law trademarks, are owned, registered, and/or licensed by Wempy Dyocta Koto Pty Ltd. You are granted a worldwide, non-exclusive, royalty-free, revocable licence to:
– Use the Website in accordance with the Terms
– Copy and store material from the Website on your device’s cache memory
– Print pages from the Website for your personal, non-commercial use
Wempy Dyocta Koto Pty Ltd does not grant additional rights regarding the Website or Services. All other rights are expressly reserved by Wempy Dyocta Koto Pty Ltd.
Wempy Dyocta Koto Pty Ltd retains all rights, title, and interest in the Website and all associated Services. Nothing you do in relation to the Website will transfer any of the following to you:
– Business names, trading names, domain names, trademarks, industrial designs, patents, registered designs, or copyrights
– Rights to use or exploit a business name, trading name, domain name, trademark, or industrial design
– Any systems, processes, or items subject to patent or copyright without the prior written consent of Wempy Dyocta Koto Pty Ltd and any relevant rights owners.
You may not, without prior written permission from Wempy Dyocta Koto Pty Ltd and any other relevant rights owners, broadcast, republish, upload to third parties, transmit, post, distribute, show publicly, adapt or change 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 that are freely available for reuse or in the public domain.
Privacy
Wempy Dyocta Koto Pty Ltd takes your privacy seriously. Any information you provide through your use of the Website and/or Services is subject to Wempy Dyocta Koto Pty Ltd’s Privacy Policy, which is accessible on the Website.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including relevant consumer laws (or any liability under them) that cannot be limited or excluded.
Subject to this clause and to the extent permitted by law:
– All terms, guarantees, warranties, representations, or conditions not expressly stated in the Terms are excluded.
– Wempy Dyocta Koto Pty Ltd shall not be liable for any special, indirect, or consequential losses or damages arising out of or in connection with the Services or these Terms, except where such loss or damage is foreseeable from our failure to meet an applicable consumer guarantee (including loss of profits, opportunities, or goodwill).
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, or licensors of Wempy Dyocta Koto Pty Ltd make any express or implied representations or warranties about the Services or any products or Services referred to on the Website. This includes (but is not limited to) any loss or damage you might suffer as a result of:
– Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records.
– The accuracy, suitability, or currency of any information on the Website, the Services, or any related products (including third-party material and advertisements on the Website).
– Costs incurred as a result of using the Website, the Services, or any products of Wempy Dyocta Koto Pty Ltd.
– Services or operations related to any links provided for your convenience.
Limitation of Liability
Wempy Dyocta Koto Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising (including under contract, tort, equity, or statute), will not exceed the resupply of the Services to you.
You expressly understand and agree that Wempy Dyocta Koto Pty Ltd, its affiliates, employees, agents, contributors, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages that you may incur, however caused and under any theory of liability. This includes (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
The Terms will remain in effect until terminated by either you or Wempy Dyocta Koto Pty Ltd as set forth below.
To terminate the Terms, you must:
– Provide Wempy Dyocta Koto Pty Ltd with 14 days’ notice of your intention to terminate.
– Close your account for all services you are using, when this option is available.
Your notice should be submitted in writing via the ‘Contact Us’ link on our homepage.
Wempy Dyocta Koto Pty Ltd may terminate the Terms at any time if:
– You breach any provision of the Terms or indicate an intention to breach any provision.
– Termination is required by law.
– Wempy Dyocta Koto Pty Ltd considers that the provision of Services to you is no longer commercially viable.
Subject to local applicable laws, Wempy Dyocta Koto Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, at its discretion, your access to all or any part of the Website or the Services without notice if you violate these Terms or any applicable laws or if your conduct impacts Wempy Dyocta Koto Pty Ltd’s name or reputation or violates the rights of another party.
Indemnity
You agree to indemnify Wempy Dyocta Koto Pty Ltd, its affiliates, employees, agents, contributors, third-party content providers, and licensors from all actions, suits, claims, demands, liabilities, costs, expenses, losses, and damages (including legal fees on an indemnity basis) incurred, suffered, or arising from:
– Your content.
– Any direct or indirect consequences of accessing or using the Website or attempts to do so.
– Any breach of the Terms.
Dispute Resolution
If a dispute arises related to the Terms, neither party may commence Tribunal or Court proceedings regarding the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought):
– Notice: A party claiming that a dispute has arisen must provide written notice to the other party detailing the nature of the dispute, desired outcome, and required actions to settle the dispute.
– Resolution: Upon receipt of that notice, the parties must:
– Within 14 days of the notice, endeavour in good faith to resolve the dispute through negotiation or other mutually agreed means.
– If the dispute remains unresolved after 14 days, the parties must either agree on a mediator or request an appropriate mediator appointed by Wempy Dyocta Koto Pty Ltd.
Both parties will share the fees and reasonable expenses of the mediator and the venue of the mediation, and each must cover their associated costs. The mediation will be conducted via Zoom.
All communications during negotiations must remain confidential and treated as “without prejudice” negotiations under applicable evidence laws.
If mediation does not resolve the dispute after 30 days, either party may request the mediator to terminate the mediation, and the mediator must comply.
Venue and Jurisdiction
You agree that the exclusive venue for resolving any dispute arising from the Website shall be in the courts of Australia.
Governing Law
These Terms are governed by the laws of Australia. Any dispute or claim relating to these Terms will be governed, interpreted, and construed under the laws of Australia without reference to conflict of law principles. The validity of this governing law clause is undisputed. The Terms shall bind the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm that the provisions of the Terms are fair and reasonable and have had the opportunity to obtain independent legal advice, affirming that the Terms do not contravene public policy due to inequality, bargaining power, or general trade restraint grounds.
Severance
If any part of these Terms is found to be void or unenforceable by a competent court, that part shall be severed, while the remainder of the Terms shall remain in force.
