Terms & Conditions

1. Agreement to Terms

Welcome to SiteLab ("we," "us," "our"). These Terms and Conditions ("Terms") govern your access to and use of the SiteLab website located at https://sitelab.au (the "Platform"), including any content, functionality, products, and services offered on or through the Platform.

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

2. About SiteLab

SiteLab is an e-commerce platform that sells digital goods and services, specifically website templates and related digital products designed for business use. The Platform is hosted in the United States and is available to users in the United States, United Kingdom, Australia, New Zealand, and Canada.

3. Account Registration

3.1 Account Creation

To access certain features of the Platform, you must create an account. When creating an account, you agree to:

Provide accurate, current, and complete information

Maintain and promptly update your account information

Maintain the security of your account credentials

Accept responsibility for all activities that occur under your account

Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to create an account and use our services.

3.3 Business Use

Our Platform and products are intended for business use. By purchasing our products, you represent that you are using them for legitimate business purposes.

4. Products and Services

4.1 Digital Products

All products sold through the Platform are digital goods and services, including but not limited to website templates, design assets, and related digital resources.

4.2 License Grant

Upon purchase, you are granted a non-exclusive, non-transferable license to use the digital products in accordance with the license terms provided with each product.

5. Pricing and Payment

5.1 Pricing

All prices are displayed in the currency specified on the Platform (US Dollars) and are subject to change without notice. We reserve the right to modify prices at any time, but changes will not affect orders already placed.

5.2 Payment Processing

All payments are processed securely through Stripe.com. By making a purchase, you agree to Stripe's terms of service and privacy policy. We do not store your payment card information on our servers.

5.3 Subscription Plans

The Platform offers both:

One-time purchases: Single payment for perpetual access to specific products

Recurring subscriptions: Ongoing subscriptions that renew automatically at the specified billing interval (monthly, annually, etc.)

5.4 No Free Trial

We do not offer free trial periods for our subscription products. You will be charged immediately upon subscribing.

5.5 Automatic Renewal

Recurring subscriptions will automatically renew at the end of each billing period unless canceled before the renewal date. You authorize us to charge your payment method on file for the renewal amount.

6. Refunds and Returns

6.1 All Sales Final

ALL PURCHASES ARE FINAL. Due to the nature of digital products, we do not offer refunds, returns, or exchanges once a product has been purchased and delivered.

6.2 Download Responsibility

You are responsible for downloading and backing up your purchased products. We are not liable if you lose access to downloads due to your own actions or technical issues on your end.

6.3 Exceptions

Refunds will only be considered in the following exceptional circumstances:

Technical issues that prevent you from accessing the product, provided you have contacted support and we were unable to resolve the issue

Duplicate charges due to processing errors

7. Subscription Cancellation

7.1 How to Cancel

You may cancel your recurring subscription at any time by contacting us via email at [email protected]. Please include your account email address and order number in your cancellation request.

7.2 Cancellation Effect

Cancellations will take effect at the end of your current billing period

You will retain access to subscription benefits until the end of the paid period

No refunds will be provided for partial billing periods

Once canceled, you will not be charged for subsequent billing periods

7.3 Processing Time

Cancellation requests are typically processed within 24-48 business hours. Please allow adequate time before your next billing date.

8. User Conduct

8.1 Prohibited Activities

You agree not to:

Use the Platform for any illegal purpose or in violation of any laws

Violate any intellectual property rights

Attempt to gain unauthorized access to any part of the Platform

Interfere with or disrupt the Platform's functionality

Upload or transmit viruses, malware, or other malicious code

Impersonate any person or entity

Scrape, data mine, or use automated tools to access the Platform

Resell or redistribute our products without proper licensing

Share your account credentials with others

Use products beyond the scope of the granted license

8.2 User-Generated Content

Users are not permitted to upload or submit user-generated content to the Platform, except for product reviews as outlined below.

9. Product Reviews

9.1 Review Guidelines

Users may post reviews of products purchased through the Platform. By posting a review, you agree that:

Your review is based on your genuine experience with the product

Your review does not contain offensive, defamatory, or inappropriate content

Your review does not include personal information about others

You are not compensated by competitors to post negative reviews

Your review complies with all applicable laws and regulations

9.2 Review Moderation

We reserve the right to remove, edit, or refuse to publish any review that:

Violates these Terms

Contains inappropriate language or content

Appears to be fraudulent or not based on genuine experience

Violates intellectual property rights

Contains spam or advertising

9.3 License to Reviews

By posting a review, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and display your review in connection with the Platform and our marketing materials.

10. Third-Party Links and Affiliate Offers

10.1 External Links

The Platform may contain links to third-party websites, resources, or services that are not owned or controlled by SiteLab. These links are provided for your convenience and information.

10.2 Affiliate Relationships

Some links on the Platform may be affiliate links, meaning we may earn a commission if you make a purchase through these links at no additional cost to you.

10.3 No Endorsement

The inclusion of any link does not imply endorsement, approval, or recommendation by SiteLab. We are not responsible for:

The content, accuracy, or opinions expressed on third-party websites

The privacy practices of third-party websites

Any products or services offered by third parties

Any damages or losses arising from your use of third-party websites

10.4 Third-Party Terms

Your use of third-party websites is subject to their respective terms and conditions and privacy policies.

11. Communications

11.1 Consent to Communications

By creating an account or making a purchase, you consent to receive communications from us via:

Email

SMS/Text messages

In-platform notifications

11.2 Types of Communications

We may send you communications regarding:

Order confirmations and updates

Subscription renewals and payment receipts

Account security and important notices

Marketing communications and special offers

Product updates and announcements

Customer support responses

11.3 Marketing Opt-Out

You may opt out of marketing communications at any time by:

Clicking the "unsubscribe" link in our emails

Replying "STOP" to SMS messages

Contacting us at [email protected]

Note: You cannot opt out of transactional communications related to your account or purchases.

11.4 Communication Frequency

Marketing communication frequency may vary but will not exceed reasonable limits. Transactional communications are sent as needed.

12. Intellectual Property Rights

12.1 Platform Content

All content on the Platform, including but not limited to text, graphics, logos, images, software, and design, is the property of SiteLab or its licensors and is protected by copyright, trademark, and other intellectual property laws.

12.2 Product Licenses

Each digital product comes with specific license terms that govern your use of that product. You must comply with all license restrictions.

12.3 Restrictions

You may not:

Copy, modify, or create derivative works of Platform content without permission

Use our trademarks or branding without written consent

Remove or alter any copyright, trademark, or proprietary notices

Use products in ways that exceed your license grant

13. Privacy and Data Protection

13.1 Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, available at https://sitelab.au/privacy-policy. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

13.2 Data Security

We implement reasonable security measures to protect your personal information. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

14. Disclaimers and Limitation of Liability

14.1 No Warranties

THE PLATFORM AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability

Fitness for a particular purpose

Non-infringement

Accuracy or completeness

Uninterrupted or error-free operation

14.2 Use at Your Own Risk

You acknowledge that your use of the Platform and any products is at your sole risk.

14.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

a) Liability Cap: Our total liability to you for any and all claims arising from or related to your use of the Platform or any products shall not exceed the total amount you have paid to us in the twelve (12) months preceding the claim, or AUD $100, whichever is less.

b) Time Limitation: We shall not be liable for any claims made more than thirty (30) days after the cancellation of your subscription or thirty (30) days after a one-time purchase, whichever is applicable.

c) Excluded Damages: In no event shall SiteLab be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of profits or revenue

Loss of data

Loss of business opportunity

Cost of substitute products or services

Loss of goodwill

d) Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

14.4 Product Performance

We do not guarantee that our digital products will meet your specific requirements or achieve any particular results for your business. Results may vary based on numerous factors beyond our control.

14.5 Third-Party Services

We are not responsible for any third-party services, integrations, or platforms that you use in conjunction with our products.

15. Indemnification

You agree to indemnify, defend, and hold harmless SiteLab, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising from or relating to:

Your use of the Platform or products

Your violation of these Terms

Your violation of any rights of another party

Your violation of any applicable laws or regulations

Any content you submit (including reviews)

16. Dispute Resolution

16.1 Informal Negotiation

If you have any dispute with us, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. We will work in good faith to negotiate a resolution to the best of our ability.

16.2 Arbitration Agreement

If we cannot resolve a dispute through informal negotiation within thirty (30) days, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved by binding arbitration rather than in court, except:

You may assert claims in small claims court if they qualify

Either party may seek injunctive relief in court for intellectual property infringement

16.3 Arbitration Rules

Arbitration shall be conducted in accordance with the Australian Disputes Centre (ADC) Arbitration Rules or another mutually agreed arbitration body.

16.4 Arbitration Location

Arbitration proceedings shall take place in Brisbane, Queensland, Australia. If in-person proceedings are required, they will be conducted in Brisbane unless both parties agree otherwise.

16.5 Costs

Each party shall bear their own costs of arbitration unless the arbitrator awards costs to the prevailing party as permitted by law.

16.6 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16.7 Exceptions

Nothing in this section prevents either party from seeking provisional remedies, including temporary restraining orders or preliminary injunctions, in court where necessary to protect their rights.

17. Governing Law and Jurisdiction

17.1 Governing Law

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.

17.2 Jurisdiction

Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the courts located in Brisbane, Queensland, Australia for any disputes that are not subject to arbitration.

17.3 International Users

If you access the Platform from outside Australia, you are responsible for compliance with local laws in your jurisdiction. We make no representation that the Platform or its content is appropriate or available for use in all locations.

18. Modifications to Terms

18.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make changes, we will:

Update the "Last Updated" date at the top of these Terms

Notify you via email or Platform notification if the changes are material

Post the updated Terms on the Platform

18.2 Your Acceptance

Your continued use of the Platform after changes become effective constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform.

18.3 Material Changes

For material changes that affect your rights, we will provide at least thirty (30) days' notice before the changes take effect.

19. Account Termination

19.1 Termination by You

You may terminate your account at any time by contacting us at [email protected]. Termination does not entitle you to a refund.

19.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Platform immediately, without prior notice or liability, for any reason, including:

Violation of these Terms

Fraudulent or illegal activity

Requests by law enforcement or government agencies

Extended periods of inactivity

Technical or security issues

Discontinuation of service

19.3 Effect of Termination

Upon termination:

Your right to access and use the Platform will immediately cease

You will lose access to your account and any subscription benefits

You may lose access to download purchased products (we recommend backing up your files)

Provisions of these Terms that by their nature should survive will survive termination

19.4 Post-Termination License

Any validly licensed products you purchased prior to termination may continue to be used in accordance with their license terms, unless termination was due to your breach of license terms.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any product-specific licenses, constitute the entire agreement between you and SiteLab regarding the Platform and supersede all prior agreements and understandings.

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of SiteLab.

20.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under them without our prior written consent. We may assign these Terms without restriction.

20.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, natural disasters, government actions, or failures of third-party services.

20.6 Relationship

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and SiteLab. You are an independent user of the Platform.

20.7 No Third-Party Beneficiaries

These Terms do not create any third party beneficiaries.

20.8 Headings

Section headings are for convenience only and do not affect the interpretation of these terms Third-party beneficiary rights except as explicitly stated.

20.9 Language

These Terms may be translated into other languages for convenience. In the event of any conflict, the English version shall prevail.

21. Contact Information

If you have any questions about these Terms, please contact us:

SiteLab

Email: [email protected]

Website: https://sitelab.au

For subscription cancellations, refund requests (in exceptional circumstances), or general inquiries, please email [email protected] with:

Your account email address

Order number (if applicable)

Detailed description of your inquiry

We aim to respond to all inquiries within 2-3 business days.

By using the SiteLab Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.