Terms of Service

Welcome to 1der1.com! Thank you for choosing our services.

1der1 Limited
11A Norwood Road
Bayswater
Auckland 0622
New Zealand
moc • 1red1 ∂ 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.

  1. Contract and Contract Revocation
    1. Contract

      A binding agreement is initiated between you and 1der1 at the time you use a service.

    2. Cancellation and Termination

      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:

      1. To keep your User Website online
      2. To disable or delete your User Website at the moment of the cancellation. You will no longer have access to your User Account, and all information contained therein may be removed by 1der1. 1der1 accepts no liability for such deleted information or Content.

      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.

  2. Payments/Fees and Refunds
    1. Method of Payment

      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.

    2. Invoices

      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.

    3. Payment Date and Activation Date

      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.

    4. Requests for Refund

      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.

    5. Credit/Debit card refunds ("Chargeback")

      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.

  3. Use of the Services
    1. Content of User Website

      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.

    2. Acceptable Usage

      "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.

      1. You will not post on, nor distribute through, the User Website any material that is of defamatory, threatening, obscene, harmful, pornographic or otherwise illegal nature. Also, materials that somehow violate or infringe, in any way, on our rights or on the rights of others, (including but not limited to intellectual property rights, confidentiality rights, and privacy rights) are absolutely forbidden, as well as activities that may cause distress or inconvenience to us or others. Moreover, you may not express opinions that are vulgar, crude, sexist, racist, or otherwise offensive.
      2. You will not post, nor otherwise make available, on User Website any material which you do not own, without the express consent of the lawful owner of the material in question.
      3. You will not engage in any behavior or action that may affect the operability or the security of 1der1 or User Website, nor will You cause unreasonable inconvenience or disruption to our staff.
      4. You will not impersonate any person/entity, nor misrepresent your affiliation with a person/entity.
      5. You will not promote your User Website by sending SPAM (i.e., emails sent to accounts without the previous agreement of the account owner).
      6. You will not use workarounds of any kind to overcome package limitations or limitations of any 1der1 service or feature.
  4. Client Website

    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:

    1. Your relationship with your Client is strictly between you and the Client. We will not be a party to any agreement you have with your Client. The manner and means in which you choose to perform and charge fees for your services are in your sole discretion and control. However, you agree to perform these services in a professional manner, consistent with industry practice, and in accordance with these terms. Services rendered by you through Client Website shall not damage the good reputation of 1der1.
    2. You accept full responsibility for all Client Website under your account, and for each Client Website's adherence to these terms.
    3. We allow you to resell the service under a white label. This white label is in no way guaranteed, and we will in no way be held responsible for any failure to maintain it.
    4. In the event your Client contacts us, we will direct them to you. Should you fail to support your Client, and we receive a request from your Client stating that you have not been responsive, we reserve the right to support your Client directly.
    5. You understand and agree that you are responsible to 1der1 for payment or every Client Website under your account. If at any time, your billing obligations are not met, we will have the right to disable all Client Websites until such billing obligations are met. In the event of us disabling your Client Website due to a breach of payment obligations, you will be the sole responsible for any damage caused to your Client.
  5. Intellectual Property

    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.

  6. Privacy
    1. Privacy statement

      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.

    2. Registration

      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.

    3. Data Processing

      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.

  7. Violation of our Terms

    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.

  8. Interruption/Termination of Services

    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.

  9. Disclaimer

    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.

    1. Third Parties

      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.

    2. Exclusion of Warranty

      1der1 does not represent or warrant to you that:

      1. Your use of the services will meet your requirements.
      2. Your use of the services will be uninterrupted, timely, secure, or free from error, or viruses.
      3. Any information obtained by you as a result of your use of the services will be accurate or reliable.
      4. Defects in the operation or functionality of any software provided to you as part of the services will be corrected.

      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.

  10. Limitation of Liability

    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.

    1. General

      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:

      1. Any changes which 1der1 may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services).
      2. Deletion of, corruption of, or failure to store any Content and other communications, data maintained or transmitted by or through your use of the services.
      3. Your failure to provide 1der1 with accurate account information.
      4. Your failure to keep your password or account details secure and confidential.
      5. The unavailability of the services.
      6. Hosting issues that, result in the unavailability of, or otherwise impact your Website.
      7. Failure to notify you of any hosting or other issues that may impact the services or any Website, for which you use the services.

      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.

    2. information Provided on User Website

      We are not responsible for, nor will we be liable to:

      1. Materials written by Users, particularly those posted on blogs and/or forums. In addition, we do not endorse such materials, and reserve the right to monitor such contributions, as well as, to respond, comment, edit, refuse to post, or remove any Content from blogs and/or forums at our absolute discretion. However, failure to remove particular material does not constitute in any endorsement or acceptance of it by us.
      2. The accuracy, timing, or reliability of any information/statement on User Website. Nor will we be held accountable/liable for statements, advice, and/or opinions generated by Users on blogs and forums. If you have any claim arising from the actions and/or statements of another User, you agree to pursue such a claim only against that User, and not against us.
      3. The quality, accuracy, or fitness of User Website, except to what is required by law. However, we will engage in all reasonable efforts to provide our services in the most professional manner.
      4. Any fraudulent misrepresentations we make, and for any death or personal injury caused by our negligence. We will not be responsible nor liable to you for any other loss/damage that you or any Third Party may be the subject of as a result of using, or in connection with, your use of User Website.
  11. Exclusive Remedy

    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.

  12. Indemnification

    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:

    1. Your use [or anyone using your account's] use of the services or our Site,
    2. The Content of the User Website or
    3. Any Commercial Products you offer on or through the User Website or using our services. This includes, but is not limited to, any breach or violation of these terms by you or anyone utilizing your account. You agree to fully cooperate at your expense, as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
  13. Miscellaneous
    1. Changes & Updates

      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.

    2. Governing Law & Jurisdiction

      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.

    3. Notices

      We may provide you with notices in any of the following methods:

      1. Via the 1der1 services, including by a banner or pop-up within the 1der1 Website, User Account, or elsewhere;
      2. By email sent to the email address you provided us; and/or
      3. Through any other means, including any phone number or physical address you provided us. 1der1's notice to you will be deemed received and active within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.
    4. Relationship

      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.

    5. Entire agreement

      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.

    6. Assignment

      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.

    7. Severability & Waivers

      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.

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