Terms of Use

Welcome to Aperto's Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us and to make our services possible and more enjoyable for everyone. Aperto offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

1. Introduction

1.1. Our Purpose

Our services offer our Users the ability to easily create a beautiful and highly functional online presence, manage and promote businesses, content, and ideas, and have an overall great experience doing so. As detailed below, we offer our users numerous tools and features for creating, publishing, and use of stunning websites, online e-commerce platforms, newsletters, galleries as well as other online and mobile applications, tools, and services. The online, and mobile websites, functionalities, designs and platforms created by Users are collectively referred to herein as "User Platform(s)".

1.2. Legal Agreement

These Aperto Terms of Use ("Terms of Use"), together with such additional terms which specifically apply to some of our services and features as presented on the apertodesigns.com website(s) ("Aperto Website", and collectively – the "Aperto Terms"), set forth the entire terms and conditions applicable to each visitor or user ("User" or "you") of the Aperto website (apertodesigns.com) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise.

You may visit and/or use the Aperto Services only if you fully agree to the Aperto Terms - and by using and/or registering to any of the Aperto Services, you signify and affirm your informed consent to these Terms of Use and any other Aperto Terms applicable to your use of any Aperto Services. If you do not read, or fully understand or if you do not agree to the Aperto Terms, you must immediately leave the Aperto Website and avoid or discontinue all use of the Aperto Services.

By using our Services, you also acknowledge that you have read our Privacy Policy.

1.3. User Account

In order to access and use Aperto Services, you must first register and create an account with Aperto ("User Account"). Creation of a User Account or purchase of Paid Services can be done directly on the Aperto Website (apertodesigns.com).

1.4. Access to Accounts; Roles and Permissions

You may invite others to your User Account and your User Platforms and assign them certain roles and permissions to perform certain activities within your User Account and User Platforms.

A person granted permission to perform activities on a User Account that such person does not own is referred to herein as a "Contributor".

If anyone other than yourself (including Contributors) accesses your User Account and/or any of your User Platforms' settings, they may perform actions available to you, make changes to your User Platform(s) and User Account, and accept any legal terms available therein — and all such activities will be deemed to have occurred on your behalf and in your name as the owner of the User Account, whether or not specifically authorised by you.

Therefore, we strongly encourage you to (i) keep the log-in credentials of your User Account confidential, and (ii) allow access to your User Account, only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms.

You must provide accurate and complete information when registering your User Account and using Aperto Services.

If you are a Contributor, you are required to register and create a User Account of your own in order to access the User Account under which you are a Contributor. Therefore these Terms of Use apply to Contributors as well.

1.5. Account Ownership

For each User Platform, Aperto will consider the owner of such User Platform to be the person or entity whose email address is listed in Aperto's records as the owner of the User Account under which the User Platform was created.

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership.

2. Your Obligations

You represent and warrant that:

Your country of residence and/or your company's country of incorporation is the same as the country specified in the contact and/or billing address you provide us.
You understand that Aperto does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith.
You confirm you own all rights in and to any content uploaded, developed or provided by you, or imported, connected, copied or uploaded by Aperto for you, to your User Platform ("User Content"), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, text, and any other materials ("Content"), or otherwise have the full power, title, licenses, consents and authority.
You have (and will maintain) the full power, title, licenses, consents and authority to allow Aperto (or any other subsidiary of Cornertable Designs) to access any websites, web pages and/or other online services, for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting and/or otherwise using your User Content.
The User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use.
You have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content.

3. Payment (Service Fees)

The use of Aperto Services is subject to payment of particular fees, as determined by Aperto in its sole discretion ("Paid Services" and "Fee(s)", respectively).

Aperto will notify you of the Fees then in effect, you need to pay directly to Aperto in relation to the Paid Services you decide to purchase from Aperto (apertodesigns.com). If you wish to receive or use the Paid Services, you are required to pay all applicable Fees in advance.
Aperto reserves the right to change its Fees at any time in its sole discretion. Aperto will send a notice regarding the change in fees at least 28 days in advance of the amended service price taking effect.
All Fees paid directly to Aperto shall be deemed to be in Australian dollars (AUD), except as specifically stated otherwise in writing by Aperto.
Aperto will not directly store credit card information. All payment will be made through Stripe.
All amounts payable under these Terms and Conditions are inclusive of GST.

4. Auto Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default. Unless you turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period and at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period).
In the event of failure to collect the Fees owed by you, we may in our sole discretion retry to collect at a later time, and/or suspend or cancel your User Account, without further notice.
By entering into these Terms of Use and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.

5. Cancellation

5.1. By User

You may discontinue to use and request to cancel your User Account at any time, in accordance with the instructions available on the apertodesigns.com website. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process and the effective date for cancellation of Paid Services shall be at the end of such Paid Services' subscription period.

5.2. By Aperto

Failure to comply with any of the Aperto Terms and/or to pay any due Fee shall entitle Aperto, among other things, to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related services.

5.3. Loss of Data, Content and Capacity

If your User Account or any related services are cancelled (whether at your request or at Aperto's discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein. Aperto shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data.

6. Limitation of Liability

6.1. To the full extent permitted by law, Aperto excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

6.2. To the full extent permitted by law, Aperto excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions.

6.3. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Aperto's services to you, and such limitations will apply even if Aperto has been advised of the possibility of such liabilities.

7. Copyright

Aperto acts in accordance with its interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement by providing the following information in writing: (1) the contact details of the person authorised to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing and information sufficient to permit Aperto to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorised to act on behalf of the owner of a copyright that is allegedly infringed.