Welcome to 1der1.com! Thank you for choosing our services.
11A Norwood Road
mocx • 1red1y ∂ ofni
We provide our users with access to tools that allow them to create and manage Websites. You can find a complete and detailed description of each one of these services in our Website.
1der1.com's Contents and services are available to all individuals of legal age, who are legally capable of entering into contracts (binding agreements).
Please read through these terms before using this Website. By using this Website, you are consenting to be bound by these terms. If you do not agree to all of the terms, please do not use this Website.
Please be aware that these terms may be enhanced from time to time. The most recent version of the terms will always be available on this Website. It is your responsibility to read through them regularly. We are not required to notify you of any updates made to the terms. Potential changes are active at the time the terms are updated.
A binding agreement is initiated between you and 1der1 at the time you use a service.
Cancellation of any service can be requested at any time through 1der1.com, as long as you do not intend to obtain the refund of paid fees.
If you cancel the service before the expiration of the paid period, you can choose from the following options:
1der1 may interrupt/terminate the services under certain conditions. You agree that any termination of your access to the service under any provision of these terms may be affected without prior notice. You acknowledge and agree that 1der1 may immediately deactivate or delete your User Website, as applicable, and all related information and files. 1der1 reserves the right to bar any further access to such files or the Service. You agree that 1der1 shall not be liable to you, or any third-party, for any termination of your access to the service.
Payments will be processed through Shopify, our third-party payment service provider. The payment services are governed solely by the third-party provider's terms of service and privacy statement that you can find at Shopify.com. We are not responsible for the actions of the third-party service provider. Please make sure that all fields are completed and that all data supplied is accurate. 1der1 is not responsible for uncompleted requests due to wrong or insufficient information.
1der1 will issue an invoice for any payment of fees. Each Invoice will be issued in electronic form and will be made available to you via your User Account and/or by email. For the purpose of rendering the Invoice, you may be required to supply certain personal information (as such term is defined in the privacy statement) to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements and, in such case, may be used for pro forma purposes only.
The payment date is set upon confirmation of successful reception of the amount in question by the third-party payment service provider. On the payment date, the services will be activated.
As the Users are able to try the services for free during the trial period, 1der1 will not refund any purchase.
If a third party decides to block any User Website due to questionable Content, requesting for a refund will not be possible. In such a case, 1der1 is not responsible for the potential financial loss of the User.
If at any time, you contact your bank or credit/debit card company and decline, request reimbursement, or otherwise reject the charge of any payable fees ("Chargeback"), this act will be considered a breach of your payment obligations, and your use of the 1der1 services may be automatically terminated.
In the event of a chargeback related to the payment to our services, your User Account may be blocked without the option to be repurchased or reused. The User Website may be disabled, and the data contained therein may be immediately deleted.
If you have any questions or concerns regarding a payment, we encourage you to first contact our customer support team before filing a chargeback or reversal of payment, to prevent the services from being cancelled, for your User Account to be blocked and to avoid the filing of an unwarranted or erroneous chargeback, which may result in your being liable for its applicable fees.
We reserve our right to dispute any chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such chargeback did, in fact, authorize the transaction, and make use of the services rendered thereafter.
You are legally and contractually responsible for all information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials uploaded, posted, or stored in connection with your use of the services. 1der1 is not responsible for such Content. You hereby grant 1der1 a worldwide, royalty-free, non-exclusive license to host and use the Content to provide you with the services, and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the services. You are encouraged to archive your Content regularly and frequently.
"Acceptable usage" of 1der1's Website, its Contents, and services is defined as any usage that does not contravene the prohibitions set forth in the paragraphs below. Activities that go against, or are otherwise forbidden by, these paragraphs are therefore in violation of these terms, and make you liable to disciplinary action and legal prosecution.
You are allowed to use 1der1's services to create Websites ("Client Website") for third parties (your "Clients").
If you use 1der1's services to create Client Websites, your use of the service shall be subject to these additional terms:
All copyright materials, trademarks, and other intellectual property, rights, materials, or Contents supplied as part of User Website shall remain, at all times, vested in us or our licensors. You are not permitted to use this material or Content unless authorized by us. Moreover, you are only allowed to use such material in the manner described in the terms, and no other. You will not copy, reproduce, distribute, commercially exploit, nor, in any form, benefit/profit from such materials or Contents. Nor will you assist/facilitate any third party in actions such as the ones mentioned above. Moreover, if you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.
1der1 does not claim ownership of your Content, but you give us your permission to host your Content to provide the services.
We encourage you to read the Privacy statement. Please note that certain information, statements, data, and Content (such as photographs) which you post to the User Website are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information. You acknowledge and agree that your submission of such information is voluntary on your part. Furthermore, you acknowledge, consent, and agree that we may access, preserve, and disclose your information if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary in our opinion. Disclosures of User information to third parties are further addressed in the privacy statement.
To use our services and products, you must be a validly-registered 1der1 User. To register, you must provide a valid email address, a password, and other personal information ("User Information").
You, solely, are responsible for the confidentiality of your password and account. All activity originated from your account and/or password is your responsibility. We strongly suggest that you keep your password and account information strictly confidential and not shared with anyone. In case of unauthorized use of your password and/or account, immediately notify 1der1 in writing from the email address associated with your registration.
We strongly recommend the permanent update of all User information, since this data is used in customer care services.
The owner of a User Account might be considered as the person or entity with access to the email address listed in 1der1's records for the said User Account. If any paid services were procured via the User Account, the owner of the said User Account might be considered as the person or entity whose billing details were used to purchase the said paid services.
You may be asked to enter on our Website information about yourself. However, we will not use that information in any other manner than the one expressed where the request was made. Furthermore, all User information collected is processed in the method, and with the limitations, stated in our privacy statement.
We shall bear with all applicable country-specific data protection legislation regarding any of your personal information gathered by us.
Failure to comply with the rules or participation in activities that go against or are otherwise forbidden by our terms make You liable to disciplinary action and legal prosecution. The decision to initiate disciplinary action (including, but not being limited to, interruption of all services) falls under the discretion of 1der1. Please report breaches of these terms or of your local laws.
Should you breach, or we have reasonable grounds to believe that you are likely to breach, our terms and conditions, we reserve the right to terminate or indefinitely suspend our services to you immediately. We will, as well, terminate our services to you, at our sole discretion, if you engage in conduct which we determine to be unacceptable.
In such a case, you will not be entitled to any compensation or reimbursement from 1der1.
We are not responsible for damages to Users, or to third parties, or to their hardware, that occur directly, indirectly, or accidentally, as a result of, or in connection to, the use of our services.
We are not liable for damages to Users or to third parties as a result of the inability to use our services, and/or Website, nor in direct or indirect connection with this fact. Therefore, your use of the services is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or another device, or loss of data, that results from the use of any such materials.
You expressly admit to understanding and agreeing that your use of our Website and our services is done "as is" and "as available". You further acknowledge and agree that we are not responsible for the availability and/or functionality of any third-party's Website and/or material you may access through our Website.
We do not endorse and shall not be held responsible nor liable for any Content, advertising, product, or service on, or available through, third-party Websites.
Any transactions between you and any third party found on or via the User Website, including payment for, and delivery of, products, services, and any other terms, conditions, warranties, or representations associated with such dealings, are made between you and the entity in question. We are, therefore, neither responsible nor liable for any loss/damage of any sort, incurred in such dealings.
1der1 does not represent or warrant to you that:
No advice or information, whether verbal or written, obtained by you from 1der1, through or from our services shall create any warranty not expressly stated in the terms.
1der1 further expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
Subject to overall provision in the disclaimer above, you expressly admit to understanding and agreeing that 1der1 shall not be liable to you for the events set forth below.
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 not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
Any loss or damage which may be incurred by you, including, but not limited to, loss or damage as a result of:
The limitations on 1der1's liability to you shall apply whether or not 1der1 has been advised of, or should have been aware of, the possibility of any such losses arising. Also, limitations which are lawful in your jurisdiction will apply to you.
We are not responsible for, nor will we be liable to:
In the event of any problem with our Website or our services, you agree that your sole and exclusive remedy is to cease using the Website and the services. Under no circumstances shall 1der1 be liable in any way for your use of our Website, the services, the User Website, the Commercial Products or third party generated Content available on or through the Website, including, but not limited to, any error, omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of our Website, the services, your Content, the Commercial Products or any third party generated Content available on or through the Website.
Certain countries, states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You agree to indemnify, hold harmless, and defend 1der1 and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors, and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including, but not limited to, attorneys' fees), incurred by, or made against, the Indemnified Parties in connection with any claim arising from, or related to:
The quality of our services and products is the main focus of 1der1's attention; hence, our system is subject to a continuous improvement process, both, on the technological, and design aspects of the product. Therefore, 1der1 may change, suspend, or terminate any of the services (or any features thereof, or prices applicable thereto), and/or change any of the terms - at any time, and in any way. Such changes will not be applied in a retroactive manner, except as required otherwise by law.
The terms, the rights, and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, their interpretation, or the breach, termination, or validity thereof, the relationships which result from, or pursuant to, the terms, or any related transaction or purchase, shall be governed by, construed under, and enforced in all respects, solely and exclusively in accordance with the internal substantive laws of New Zealand, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Auckland, New Zealand.
We may provide you with notices in any of the following methods:
The terms and your use of the services do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between 1der1 and you.
These terms, together with any documents herein mentioned, and any other legal or fee notices provided to you by 1der1, shall constitute the entire agreement between you and 1der1 concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants, or representations, whether written or oral, between 1der1 and you, including those made by or between any of our respective representatives, with respect to any of the services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure, or a duty of disclosure of 1der1 in entering into any of the terms.
1der1 may assign its rights and/or obligations hereunder, and/or transfer ownership rights and title in the services to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of 1der1. Any attempted or actual assignment thereof, without 1der1's prior explicit and written consent, will be null and void.
If any provision of the terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or, for any reason, unenforceable, then such provision shall be deemed severable, and will not affect the validity and enforceability of the remaining provisions. No waiver of any breach or default of any of the terms shall be deemed to be a waiver of any preceding, subsequent breach, or default.