Terms of Service & Refunds
TERMS OF SERVICE
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OVERVIEW
This website is operated by RescueMi Web Services. Throughout the site, the terms “we”, “us” and “our” refer to RescueMi Web Services. RescueMi Web Services offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
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.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - 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.
SECTION 4 - MODIFICATIONS TO THE SERVICE 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.
SECTION 5 - PRODUCTS OR SERVICES
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 colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color 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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 judgment, 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.
For more detail, please review our Returns Policy.
SECTION 7 - 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.
SECTION 8 - 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.
SECTION 9 - 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.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - 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.
SECTION 12 - PROHIBITED 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.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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.
In no case shall RescueMi Web Services, 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.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless RescueMi Web Services and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 2 Hames Street, Hamilton Hill, WA, 6163, Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sam@rescuemi.com.au
RETURNS & REFUND POLICY
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Money Back Guarantee – RescueMi Web Services offers a 30 day money back guarantee on it's WordPress hosting plans.
Payments are non-refundable except if covered by the 30 day money back guarantee where the refund request is made within 14 days of the invoice date. Certain portions of the payment may however be non-refundable, for instance most non-standard fees, set-up fees, domain-related payments.
Any services/products provided through us but provided by a 3rd party (for instance software licenses ie. MS Office) have their own refund policies with that provider, we cannot guarantee a refund on their services/products. If however you are not sure by looking at their relevant policies we are happy to investagate and find out for you, please contact us if you have such a query.
Any and all billing disputes (ie. charged more than agreed price) are to be reported within 60 days of the time of the dispute. If you dispute with another party instead of us, which results in a fee or liabilities being charged to us, it is of our sole discretion to forward on a fee to you to cover the outlay. Any disputes please forward to us, even after the 60 day date we will always do our best to make sure the situation is clarifed and/or fixed.
Cancellation of services by the customer. Any ongoing or recurring billing services provided by us must be cancelled within 3 days of the next due date to prevent any unwanted payments or invoices being processed/raised. You can cancel any time within the customer portal. Please contact us if you would rather have us process the cancellation: sam@rescuemi.com.au
We do not charge any cancellation fees if the services/products are cancelled within the stipulated periods as described in this policy and throughout the site.
We may abruptly cancel your services/products if we feel you have breached our terms or government enforced rules. This will not necessarily result in us communicating the reason or pre-warning especially if it is out of our control. However we will try to be transparent and communicate any issues with your account with you as soon as we can.
Please contact us via phone, email or a support ticket any time you have issues accessing your account or services. We are here to help!
Acceptable Usage Policy
This Acceptable Usage Policy covers the security and use of all (RescueMi Web Services’)
information, products, services and IT equipment. It also includes the use of email, internet, voice and mobile IT.
This policy applies to all (RescueMi Web Services’) employees, contractors, clients, visitors and
agents (hereafter referred to as ‘individuals’).
This policy applies to all information, in whatever form, relating to (RescueMi Web Services’)
business activities worldwide, and to all information handled by (RescueMi Web Services) relating
to other organisations with whom it deals. It also covers all IT and information
communications facilities operated by (RescueMi Web Services) or on its behalf.
Computer Access Control – Individual’s Responsibility
Access to the (RescueMi Web Services) IT systems is controlled by the use of User IDs,
passwords and/or tokens. All User IDs and passwords are to be uniquely assigned to named
individuals and consequently, individuals are accountable for all actions on the (RescueMi Web Services') systems.
Individuals must not:
• Allow anyone else to use their user ID/token and password on any (RescueMi Web Services)
system.
• Leave their user accounts logged in at an unattended and unlocked computer.
• Use someone else’s user ID and password to access (RescueMi Web Services') systems.
• Leave their password unprotected (for example writing it down).
• Perform any unauthorised changes to (RescueMi Web Services') IT systems or information.
• Attempt to access data that they are not authorised to use or access.
• Exceed the limits of their authorisation or specific business need to interrogate the
system or data.
• Connect any non-(RescueMi Web Services) authorised device to the (RescueMi Web Services)
network or IT systems.
• Store (RescueMi Web Services) data on any non-authorised (RescueMi Web Services) equipment.
• Give or transfer (RescueMi Web Services) data or software to any person or organisation.
outside (RescueMi Web Services) without the authority of (RescueMi Web Services).
Individuals are given clear direction on the extent and limits
of their authority with regard to IT systems and data.
Internet and email Conditions of Use
Use of (RescueMi Web Services) internet and email is intended for business use. Personal use is
permitted where such use does not affect the individual’s business performance, is not
detrimental to (RescueMi Web Services) in any way, not in breach of any term and condition of
employment and does not place the individual or (RescueMi Web Services) in breach of statutory
or other legal obligations.
All individuals are accountable for their actions on the internet and email systems.
Individuals must not:
• Use the internet or email for the purposes of harassment or abuse.
• Use profanity, obscenities, or derogatory remarks in communications.
• Access, download, send or receive any data (including images), which (RescueMi Web Services) considers offensive in any way, including sexually explicit, discriminatory,
defamatory or libellous material.
• Use the internet or email to make personal gains or conduct a personal business.
• Use the internet or email to gamble.
• Use the email systems in a way that could affect its reliability or effectiveness, for
example distributing chain letters or spam.
• Place any information on the Internet that relates to (RescueMi Web Services), alter any
information about it, or express any opinion about (RescueMi Web Services), unless they are
specifically authorised to do this.
• Send unprotected sensitive or confidential information externally.
• Forward (RescueMi Web Services) mail to personal (non-RescueMi Web Services) email accounts
(for example a personal Hotmail account).
• Make official commitments through the internet or email on behalf of (RescueMi Web Services)
unless authorised to do so.
• Download copyrighted material such as music media (MP3) files, film and video files (not
an exhaustive list) without appropriate approval.
• In any way infringe any copyright, database rights, trademarks or other intellectual
property.
• Download any software from the internet without prior approval of the IT Department.
• Connect (RescueMi Web Services) devices to the internet using non-standard connections.
Clear Desk and Clear Screen Policy
In order to reduce the risk of unauthorised access or loss of information, (RescueMi Web Services)
enforces a clear desk and screen policy as follows:
• Personal or confidential business information must be protected using security features
provided for example secure print on printers.
• Computers must be logged off/locked or protected with a screen locking mechanism
controlled by a password when unattended.
• Care must be taken to not leave confidential material on printers or photocopiers.
• All business-related printed matter must be disposed of using confidential waste bins or
shredders.
Working Off-site
It is accepted that laptops and mobile devices will be taken off-site. The following controls
must be applied:
• Working away from the office must be in line with (RescueMi Web Services) remote working
policy.
• Equipment and media taken off-site must not be left unattended in public places and not
left in sight in a car.
• Laptops must be carried as hand luggage when travelling.
• Information should be protected against loss or compromise when working remotely (for
example at home or in public places). Laptop encryption must be used.
• Particular care should be taken with the use of mobile devices such as laptops, mobile
phones, smartphones and tablets. They must be protected at least by a password or a
PIN and, where available, encryption.
Mobile Storage Devices
Mobile devices such as memory sticks, CDs, DVDs and removable hard drives must be
used only in situations when network connectivity is unavailable or there is no other secure
method of transferring data. Only (RescueMi Web Services) authorised mobile storage devices
with encryption enabled must be used, when transferring sensitive or confidential data.
Software
Employees must use only software that is authorised by (RescueMi Web Services) on (RescueMi Web Services’s) computers. Authorised software must be used in accordance with the
software supplier's licensing agreements. All software on (RescueMi Web Services) computers
must be approved and installed by the (RescueMi Web Services) IT department.
Individuals must not:
• Store personal files such as music, video, photographs or games on (RescueMi Web Services)
IT equipment.
Viruses
The IT department has implemented centralised, automated virus detection and virus
software updates within the (RescueMi Web Services). All PCs have antivirus software installed to
detect and remove any virus automatically.
Individuals must not:
• Remove or disable anti-virus software.
• Attempt to remove virus-infected files or clean up an infection, other than by the use of
approved (RescueMi Web Services) anti-virus software and procedures.
Telephony (Voice) Equipment Conditions of Use
Use of (RescueMi Web Services) voice equipment is intended for business use. Individuals must
not use (RescueMi Web Services’s) voice facilities for sending or receiving private communications
on personal matters, except in exceptional circumstances. All non-urgent personal
communications should be made at an individual’s own expense using alternative means of
communications
Individuals must not:
• Use (RescueMi Web Services’s) voice for conducting private business.
• Make hoax or threatening calls to internal or external destinations.
• Accept reverse charge calls from domestic or International operators, unless it is for
business use.
Actions upon Termination of Contract
All (RescueMi Web Services) equipment and data, for example laptops and mobile devices
including telephones, smartphones, USB memory devices and CDs/DVDs, must be returned
to (RescueMi Web Services) at termination of contract.
All (RescueMi Web Services) data or intellectual property developed or gained during the period of
employment remains the property of (RescueMi Web Services) and must not be retained beyond
termination or reused for any other purpose.
Monitoring and Filtering
All data that is created and stored on (RescueMi Web Services) computers is the property of
(RescueMi Web Services) and there is no official provision for individual data privacy, however
wherever possible (RescueMi Web Services) will avoid opening personal emails.
IT system logging will take place where appropriate, and investigations will be commenced
where reasonable suspicion exists of a breach of this or any other policy. (RescueMi Web Services) has the right (under certain conditions) to monitor activity on its systems,
including internet and email use, in order to ensure systems security and effective operation,
and to protect against misuse.
Any monitoring will be carried out in accordance with audited, controlled internal processes,
the UK Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000 and the
Telecommunications (Lawful Business Practice Interception of Communications)
Regulations 2000.
This policy must be read in conjunction with:
• Computer Misuse Act 1990
• Data Protection Act 1998
It is your responsibility to report suspected breaches of security policy without delay
to your line management, the IT department, the information security department or
the IT helpdesk.
All breaches of information security policies will be investigated. Where
investigations reveal misconduct, disciplinary action may follow in line with (RescueMi Web Services) disciplinary procedures.