5. Payment
5.1. Where the option is given to you, you may make payment for the Services (the
‘ Services Fee’) by way of:
(a) Electronic funds transfer(‘ EFT’) into our nominated bank account
(b) Credit Card Payment (‘Credit Card’)
(c) PayPal (‘PayPal’)
(d) Cash (‘Cash’)
(e) Cheque (‘ Cheque’)
5.2. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the Services 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 Services Fee.
5.4. You agree and acknowledge that Bilal Dannoun can vary the Services Fee at any time .
6. Refund Policy
Bilal Dannoun will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Bilal Dannoun makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
7. Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of Bilal Dannoun 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 Bilal Dannoun or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Bilal Dannoun, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: Bilal Dannoun does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Bilal Dannoun.
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial
use.
7.3. Bilal Dannoun retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
7.4. You may not, without the prior written permission of Bilal Dannoun 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
8.1. Bilal Dannoun takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Bilal Dannoun’s Privacy Policy, which is available on the Website.
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Bilal Dannoun will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Bilal Dannoun make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Bilal Dannoun) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Bilal Dannoun; and
(d) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of liability
10.1. Bilal Dannoun’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.2. You expressly understand and agree that Bilal Dannoun, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Bilal Dannoun as set out below.
11.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Bilal Dannoun via the ‘Contact Us’ link on our homepage.
(a) providing Bilal Dannoun with 0 days’ notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Bilal Dannoun has made this option available to you.
11.3. Bilal Dannoun may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Bilal Dannoun is required to do so by law;
(c) the provision of the Services to you by Bilal Dannoun is, in the opinion of Bilal Dannoun, no longer commercially viable.
11.4. Subject to local applicable laws, Bilal Dannoun 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 Bilal Dannoun’s name or reputation or violates the rights of those of another party.