1 Introduction & Definitions
Welcome to the Creative Ground's website (this "Site") which is owned and operated by Creative Ground International.
In order to become a user of Services, you must irrevocably agree to be bound by these terms. If you do not agree to be bound by these terms, you must ensure you do not indicate to us your acknowledgement and agreement to be irrevocably bound by these terms. Your acknowledgement and agreement to be irrevocably bound by these terms will be indicated to us upon making an application to us for the use or purchase of Services, purchasing or using the Services provided by us, or becoming one of our customers at any time, whichever occurs first. In these terms, references to "we", "us", "our", and so on shall refer to Creative Ground International and its number of trading names (including, in particular, Creative Ground) except where explicitly specified as otherwise.
In these terms, references to "you", "customer", "user", "your" and so on, shall refer to the person who requests or utilises the provision of this Site, or any Services provided by us.
In these terms, references to "Services" include any product, license, package or account offered by us.
In these terms, references to "Days" shall refer to calendar days, unless specified otherwise.
In these terms, references to "Spam" shall refer to distribution of unsolicited bulk and/or commercial electronic messages over the Internet.
In these terms, references to "Supplier" or "Registry Operator" shall refer to any third party which provides a product/service which we resell/offer to you.
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.
By using this Site, or by applying for, renewing, transferring, taking ownership, or using any Services found at this Site, you irrevocably undertake, represent, warrant and agree that:
3. Terms governing your account
In order to access some of the features of this Site or use some of the Services found at this Site, you will have to activate an account ("Account"). You represent and warrant to us that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If we have reasonable belief that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right to suspend or terminate your Account.
A Registered Name Holder's wilful provision of inaccurate or unreliable information, its wilful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.
You are solely responsible for the activity that occurs on your Account, whether authorized by you or not. It is your responsibility to ensure your Account information is secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN. For security purposes, we recommend that you change your password and shopper PIN at least once every three (3) months for each Account you have with us. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss we or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.
1.2.1 Registrar shall provide notice to each new or renewed Registered Name Holder stating:
220.127.116.11 The purposes for which any Personal Data collected from the applicant are intended;
18.104.22.168 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
22.214.171.124 Which data are obligatory and which data, if any, are voluntary; and
126.96.36.199 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them;
188.8.131.52 The Registered Name Holder shall consent to the data processing referred to in Subsection 1.2.1;
184.108.40.206 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 1.2.1 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 220.127.116.11 of any such third-party individuals;
18.104.22.168 Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 1.2.1 above;
22.214.171.124 Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction;
126.96.36.199 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party;
188.8.131.52 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located;
184.108.40.206 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name;
220.127.116.11 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
These terms are structured so that there are clauses which apply to all Services ("the general clauses") and there are clauses which apply in respect of particular Services. Unless a specific subsection is cited, references to any clause include the subsection in that clause (for example, a reference to clause 1 includes this subsection 1.3, while a reference to clause 1.2 does not include this subsection 1.3).
For the purposes of these terms, the general clauses refer to clauses 1 to clauses 15, while the remaining clauses specify which particular Services they apply to.
Several of the remaining clauses may not apply as you may not have purchased or used those particular Services. However, if you have purchased a particular Service, and there is an inconsistency between a general clause and the clause which applies in respect of that particular Service, you agree that the inconsistency shall be resolved by giving precedence to the clause applying to the particular Service.
You irrevocably agree that it is your responsibility at all times to:
It is not acceptable to use our Service(s) for the following non-exhaustive examples and you irrevocably agree that you will not use our Service(s) to:
You also agree not to attempt any of the following:
You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.
You must at all times comply with law. You irrevocably agree that you will also be in breach of this Agreement on violation of state, federal or international laws.
You irrevocably agree that any breach of this clause can result in immediate suspension or termination of services and loss of all data held on provided services, and you release us, our staff and our suppliers of any liability resulting in such instances.
You expressly and irrevocably agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of Services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN.
You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any of the following, non-exhaustive, examples:
You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.
Where to do so is unlawful under any legislative provision ("Act") falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again.
You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.
Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.
The charges for our services are published on our web site. We maintain the ability to change them at will, however changes shall not be retrospective.
Charges for a service are those published at the time you request for the service. Special, promotional or bundled pricing for particular Services may be limited on a per year/member/email address basis; prices displayed after account login and prior to payment will indicate eligibility for such pricing. You agree to pay for all the services you request and/or use. Charges that you pay are non-refundable, except where we have expressly consented otherwise.
You agree that failure to pay or failure of payment being honoured will void your application and relieve us of any responsibility with regards to the provision of the services applied for.
You are solely responsible for the renewal of any held services with us. You acknowledge and agree that we may, at our discretion, choose to send notification of expiry but are not obliged to do so, but that it is your responsibility to ensure that your electronic contact address is valid, active and correct. You hereby agree that we cannot and shall not be held responsible for any loss/suspension/termination of any service arising from a failure to renew your services.
You irrevocably agree and authorise that if any payment due from you to us is not received by the due date, that we may directly debit that payment using the credit card account details provided by you upon registration.
We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owed to us by you. Without limitation to the above, we may charge an administration fee for any dishonoured cheques.
You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment, we reserve the right to purge all data pertaining to your account with us without liability whatsoever.
Our merchant facilities are provided/serviced via Creative Ground International at Unit 98 Somerset Park, 2-4 Langport Parade, Mudgeeraba, 4213
We use a range of merchant facilities to process payments for our products and services. Our available payment methods include VISA, Mastercard, American Express, and Paypal. In some instances we offer wire/bank transfer as well as cheque.
We endeavour to offer payment methods to suit you and your market however we cannot make any guarantees or assurances that your chosen payment method is available or does not incur additional fees with your chosen financial institution.
All pricing is displayed exclusive on applicable taxes and surcharges. Any applicable amounts will be included in the total amount on the final screen prior to order completion. By proceeding with order completion you irrevocably agree and authorise to the displayed amount being either drawn from the selected payment method or required to be processed by you as a manual payment (e.g wire transfer).
All pricing is displayed in the currency noted on the page being viewed. The location of the currency indicator may relocate from time to time. It is your responsibility to ensure that the currency indicated is of your personal preference. Via our financial institutions we will make every effort to ensure that your payment is processed in the currency selected. This may not be available from time to time and payment may be processed in another currency based on live foreign exchange rates. We shall not be held liable for any additional charges or perceivable losses incurred as a result of exchange rates, commissions, credit card fees or any other loss imposed by neither our nor your financial institution. You agree to waive any and all claims based upon such instances (including any and all claims for a refund based on the foregoing).
As aforementioned, taxes (amount and type of tax) may be applied to your order should they be applicable. This can occur due to, but not limited to, the following circumstances; your geographical location, nature of order (business or personal) and/or product/service ordered. Applicable taxes can be applied regardless of the selected currency.
Depending on the aforementioned circumstances, you may or may not be asked to provide additional information regarding your account and the details that are associated to the account and the products/services that are being rendered.
If you indicate, or it is deemed that you are operating as a business, company or corporation, you'll be responsible for self-assessing and paying your own applicable taxes at the standard regional rates, should this be required under local legislation. Upon request you will be required to provide either on or post account application the following (but not limited to) information:
If you indicated, or it is deemed that you are operating the account for personal use, your account and orders may be subject to applicable taxes at the current local rate required by your local legislation. If you indicate that your account is personal, we reserve the right to review and assess your account and if deemed necessary, change your account to business at our sole discretion. We may, but are not obliged to, contact you to advice of this change and/or request further information regarding the nature of your account.
In accordance with applicable legislation, it is your responsibility to ensure that any and all tax requirements are met at your sole responsibility. creativeground.com cannot and will not give any advice about applicable taxes. Should you have doubts or queries regarding applicable taxes you should contact your tax advisor or applicable revenue commissioner.
You may, at any time contact us with regards to the nature of your account or make these changes via your Account Manager. We reserve the right to review provided information or request further information if necessary. By changing the status of your account you may be eligible for an account credit based on incorrectly applied taxes, however we are not obliged to do so.
Any applicable taxes charged will not only be indicated prior to payment processing, but will be included in any completed invoices.
Your purchase includes an opt-in enrolment in our automatic renewal service. This keeps your products and services up and running by automatically charging the then-current renewal fees to your payment method on file just before they're set to expire, with no further action on your part. We may, but are not obliged to, issue notification to the contact details on file advising of the impending auto-renewal. You may cancel this service at any time by turning off the auto-renewal feature in your creativeground.com Account Manager. Click 'Setup Auto Renewal' and remove your domain name, product or service from the list. You may also receive a notice to the email address on file ahead of auto renewal processing. Any cancellations of auto renewal must be actioned 1 calendar day ahead of auto renewal date. By opting in, or not opting out of auto renewal, you agree to be bound by all applicable terms, conditions, policies and procedures which apply to product renewed as they are published within this document.
You irrevocably agree that:
This policy governs, in addition to any applicable law, the use and disclosure by us of personal information of our users and outlines how users can access that information. It is only applicable on the assumption that:
You irrevocably agree that we may provide notification or communication by:
You irrevocably agree that any notification or communication is deemed to have been received by you as follows:
In any other method: at the time by which it would have been delivered as per the normal course of the given method.
In addition to any other options, we may, in our discretion, without notice, refuse to supply, cancel, suspend or transfer any service should we believe it is necessary to protect the integrity, stability and security of us, the Site, or our affiliates/agents; at the request of any law enforcement agency; pending any applicable dispute resolution process or in effort to avoid potential liability, civil or criminal, on our part.
We, in our sole and absolute discretion, may change or modify this Agreement, and any further agreements incorporated herein, at any time. Such amendments shall be effective immediately upon the posting of such amendments on this Site. Changes to this Agreement will become evident by the posting a "Last Revised" date at the bottom of this page. Further use of the Site and its Services will indicate acceptance of these revised conditions. If you do not agree to be bound by this Agreement as last revised, discontinue use of the Site and Service thereof.
A waiver by us of a provision or right under this agreement is binding on it only if it is given in writing and signed by our authorised officer. A waiver is effective only in the specific instance and for the specific purpose for which it was given. Failure by us to exercise or delay in exercising a right under this agreement does not prevent our exercise of the same right at a later date, at any time, or operate as a waiver of our rights in the matter.
You must at our request promptly execute and deliver such further documents and do such further acts as are reasonably necessary to give full effect to your obligations under this agreement.
We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control.
You expressly and irrevocably agree that: