1. Terms and Acceptance
These Terms and Conditions govern access to and use of Giantmatic.com, including the digital marketing services, software, tools, advertising services and other services offered through the website.
The website and services are operated by Giantmatic.com, referred to in these Terms as Giantmatic.com, the Company, we, us or our.
By accessing the website, purchasing or using any Service, participating as a Member, or otherwise using Giantmatic.com, you agree to be bound by these Terms and Conditions and any applicable refund, privacy or other policies published on the website.
If you do not agree to these Terms and Conditions, you must not use the website or Services.
2. Definitions
For the purposes of these Terms and Conditions, the following definitions apply.
Customer means any individual, business or other entity that purchases or uses Services provided by Giantmatic.com.
Member means any individual, business, website operator or publisher that participates in the Giantmatic.com advertising or banner network.
Services means the digital marketing services, software, tools, digital products, advertising services and related services offered directly by Giantmatic.com.
Website means Giantmatic.com and the services, portals, pages and functionality made available through it.
3. Description of Services
Giantmatic.com operates in the digital marketing industry and provides digital marketing media, digital marketing tools, software and related services online.
Services may include:
- Search engine optimisation services.
- Copywriting services.
- Code scripts and digital tools.
- Digital banner inventory.
- Digital advertising services.
- Marketing software.
- Online marketing tools.
- Related digital marketing and business services made available through the Website.
The availability, scope, pricing and specifications of individual Services may vary and may be described separately on the applicable service or purchase page.
4. 90-DAY MONEY-BACK GUARANTEE
All Services purchased through our websites are covered by our 90-DAY MONEY-BACK GUARANTEE.
If you are not satisfied with your purchase, you may request a refund within 90 days of the original purchase date. Subject to the terms set out below, an eligible refund will be returned using an appropriate payment method.
The 90-DAY MONEY-BACK GUARANTEE applies to all Services purchased directly through our websites.
5. Refund Processing and Possible Delays
Our 90-DAY MONEY-BACK GUARANTEE means that an eligible Customer retains the right to a refund when a valid refund request is made within the applicable 90-day period.
In some circumstances, we may be unable to complete or settle a refund immediately. Refunds can be affected by matters that are outside our direct control, which can include banking procedures, payment processor requirements, card scheme rules, compliance checks, enhanced due diligence, fraud prevention reviews, transaction limits, verification requirements or temporary restrictions imposed by a financial institution.
Where such circumstances arise, the existence of a processing delay does not, by itself, remove an eligible Customer’s entitlement under the 90-DAY MONEY-BACK GUARANTEE.
We may require additional information or verification before a refund can be processed.
We may also use an alternative lawful refund method where the original payment method cannot reasonably be used.
We will process eligible refund requests as promptly as reasonably practicable and will communicate with the Customer where a material delay affects completion of the refund.
6. Delivery Policy
Subject to availability and receipt of payment, requests for Services will be processed immediately or within 30 days, depending on the nature of the Service purchased.
Immediate digital products, software or other automated Services may be delivered through the Website, customer portal, download facility, transaction system or email.
Services that require work to be performed may be delivered through task reports, digital files, completed work, email or another appropriate electronic delivery method.
Delivery periods may vary where completion of the Service depends on information, materials, instructions or approvals that must be supplied by the Customer.
7. Returns, Refunds and Cancellations
The provision of Services by Giantmatic.com is subject to availability.
Where a purchased Service cannot be provided because it is unavailable, Giantmatic.com may refund the Customer in full.
Customer cancellation of an order or Service may attract an administration fee of up to 5 percent where applicable.
Refund requests are also subject to the 90-DAY MONEY-BACK GUARANTEE contained in these Terms and any applicable Refund Policy.
A refund may be approved in full or in part depending on the circumstances of the purchase, Service provided and refund request.
Where additional information or verification is reasonably required to assess or process a refund, the Customer may be required to provide such information before the refund can be completed.
8. Advertising Network and Member Rules
Members participating in the Giantmatic.com advertising network agree to use the HTML code provided by Giantmatic.com for the purpose of displaying banner advertisements on their websites.
The HTML code may be inserted on one or more pages of the Member’s website.
No part of the provided HTML code may be modified without the prior written consent of Giantmatic.com.
A banner displayed through the network may promote another Member, a sponsor, Giantmatic.com or another approved advertiser.
Where filtering functionality is made available, Members may restrict the categories or ratings of banners displayed on their websites.
Giantmatic.com reserves the right to refuse, remove or discontinue any advertisement that it considers inappropriate, unlawful, discriminatory, offensive or otherwise unsuitable for the network.
Giantmatic.com may refuse or discontinue membership for websites that contain, promote or facilitate:
- Spam.
- Racism or discrimination.
- Hate speech or hate groups.
- Illegal activities.
- Unlawful distribution of software or digital material.
- Fraudulent or deceptive conduct.
- Offensive or prohibited material.
- Activities that may harm Giantmatic.com, its Members, advertisers, partners or reputation.
A Member may cancel participation in the Giantmatic.com network by notifying Giantmatic.com in writing or by email.
9. Banner Placement and Traffic Rules
All Giantmatic.com banners must be placed in a manner that makes the banner reasonably visible to visitors to the relevant page.
Members must not artificially inflate traffic, impressions, views, clicks or other activity using any device, application, script, program, robot, automated process or other artificial means.
A banner must not be placed on a page that automatically reloads or refreshes for the purpose of generating artificial impressions or activity.
Banners loaded using Giantmatic.com HTML may not be placed in newsgroups, email messages, chatrooms, guestbooks or other locations that have not been authorised by Giantmatic.com.
Members must not place Giantmatic.com HTML tags or banners on pages that are inaccessible or created primarily for artificial traffic generation.
Any Member found to be artificially inflating traffic or activity may have the relevant account terminated immediately.
Where a Member participates in a paid publisher programme, payments may be placed on hold while suspected artificial traffic, fraud or other irregular activity is investigated.
10. Member Accounts and Termination
Members are responsible for ensuring that the information associated with their accounts is accurate and current.
Members are responsible for maintaining the confidentiality and security of account credentials made available to them.
Giantmatic.com may restrict, suspend or terminate membership where a Member:
- Violates these Terms and Conditions.
- Artificially inflates traffic or advertising activity.
- Engages in fraud or suspected fraudulent activity.
- Promotes illegal or prohibited content.
- Engages in spam or abusive conduct.
- Attempts to manipulate advertising statistics, payments or reports.
- Creates risk for Giantmatic.com, its Customers, Members, advertisers, payment providers or partners.
- Otherwise uses the network in a manner that Giantmatic.com reasonably considers inappropriate.
Termination does not affect rights or obligations that arose before termination.
11. Intellectual Property
Giantmatic.com retains all rights in its name, logos, branding, Website, software, databases, reports, systems, advertising technology, proprietary information and other intellectual property.
No part of the Website or proprietary systems may be reproduced, copied, stored, modified, distributed or commercially exploited without prior written consent, except where such use is expressly permitted through the Services.
HTML code, scripts, software or other technical materials provided to Members or Customers remain subject to any applicable restrictions or licence terms.
A Customer does not obtain ownership of Giantmatic.com proprietary software, systems, tools or technology merely by purchasing access to or use of a Service.
12. Customer and Member Information
Giantmatic.com will take reasonable steps to protect personal and confidential information provided by Customers and Members.
Information provided to Giantmatic.com will be handled in accordance with the applicable Privacy Policy and relevant privacy requirements.
Personal or confidential information will not be distributed to third parties except where reasonably required to provide the Services, process payments, operate the Website, meet legal or regulatory requirements, protect the Company or its users, or where otherwise permitted by the applicable Privacy Policy.
13. Payment Options
Payment may be made using payment methods made available by Giantmatic.com.
Accepted payment methods may include major credit or debit cards and bank transfer where available.
Bank account details may be provided to Customers where bank transfer is available.
The availability of a particular payment method may depend on the Customer’s location, transaction, payment provider or other relevant factors.
14. Card Acquiring and Security
Card transactions may be processed on behalf of Giantmatic.com through approved payment gateways and acquiring institutions.
Card details entered directly into a third party payment gateway are processed using the security systems of the relevant payment provider.
Giantmatic.com does not intentionally store full card details on the Website where card information is entered directly into the secure systems of the applicable payment provider.
15. Customer Details and Card Details
Customer account and transaction information may be stored separately from card details entered through a payment provider’s secure payment system.
Where a third party payment provider processes card information, the handling and security of that card information may also be subject to the policies and security standards of the relevant provider.
16. Merchant Country and Transaction Currency
The applicable merchant country and transaction currency will be displayed or otherwise communicated as part of the relevant payment transaction.
Where multiple currencies are available, the applicable currency will be shown at the time of purchase.
17. Responsibility for Services
Giantmatic.com takes responsibility for the Services sold directly through the Website, including customer service, support, dispute resolution and delivery of those Services.
Customers are responsible for providing information, materials, access, approvals and instructions that are reasonably required for Giantmatic.com to perform the purchased Service.
Giantmatic.com will make reasonable efforts to maintain the quality, accuracy and reliability of its Services.
However, the nature of digital marketing means that particular commercial outcomes, search rankings, advertising performance, traffic levels, sales, revenue or other business results cannot always be guaranteed unless expressly stated otherwise in writing.
Where a Customer or Member identifies an apparent inconsistency in credits, reporting or account activity, Giantmatic.com may investigate the matter and may request supporting information or evidence.
Where an inconsistency is confirmed, Giantmatic.com will take reasonable steps to correct it.
18. Acceptable Use
Customers and Members must use the Website and Services lawfully and in good faith.
Users must not:
- Use the Website or Services for illegal or fraudulent purposes.
- Interfere with the security or operation of the Website.
- Attempt to gain unauthorised access to accounts, systems, software or data.
- Introduce malware, malicious scripts or harmful code.
- Use automated systems to manipulate traffic, advertising activity or usage statistics.
- Infringe the intellectual property or other rights of third parties.
- Use the Services in a manner that could damage Giantmatic.com, its infrastructure, Customers, Members or commercial partners.
Giantmatic.com may restrict access to Services where reasonably necessary to prevent abuse, fraud, security risks or violations of these Terms.
19. Limitation of Liability
Customers and Members use the Website and Services subject to these Terms and any applicable refund rights.
To the fullest extent permitted by applicable law, Giantmatic.com will not be responsible for indirect, incidental, special or consequential loss arising from use of the Website or Services.
Giantmatic.com will not be responsible for losses caused by circumstances reasonably outside its direct control, which can include failures or interruptions involving internet services, hosting providers, financial institutions, payment processors, advertising platforms or other third party systems.
Nothing in these Terms limits any liability that cannot lawfully be limited or excluded.
Nothing in this section limits an eligible Customer’s rights under the 90-DAY MONEY-BACK GUARANTEE.
20. Third Party Services
The Website and Services may use or interact with third party services, which can include payment processors, banks, advertising platforms, hosting providers, analytics providers, telecommunications providers and software services.
Giantmatic.com does not control the independent operation of third party services.
Third party services may be subject to separate terms, policies, technical requirements and availability conditions.
Temporary interruption or restriction of a third party service may affect the provision, payment, delivery or operation of certain Services.
21. International Availability
The Services offered through the Website may be available to Customers in different countries and territories.
Availability of particular Services, payment methods or features may vary by country, territory or other relevant circumstances.
Customers are responsible for ensuring that their use of the Services complies with any laws or requirements applicable to them.
22. Changes to These Terms
Giantmatic.com may modify these Terms and Conditions from time to time.
Updated Terms may be published on the Website and will become effective from the date specified with the updated version.
Where reasonably appropriate, material changes may also be communicated by email, through an account notification or by another suitable method.
Continued use of the Website or Services after updated Terms become effective constitutes acceptance of those updated Terms, subject to any rights that cannot lawfully be waived.
23. Governing Law
These Terms and Conditions and the use of the Website will be governed by the laws applicable to the relevant contracting relationship, subject to any mandatory legal rights that apply to the Customer.
24. General Provisions
These Terms and Conditions, together with any Refund Policy, Privacy Policy and other policies expressly incorporated into them, constitute the terms governing use of the Website and Services.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect.
Failure by Giantmatic.com to enforce any provision of these Terms does not constitute a waiver of that provision or of the right to enforce it later.
Headings are included for convenience and do not affect the interpretation of these Terms.
Words used in the singular may include the plural where appropriate, and words used in the plural may include the singular.
Any provisions that by their nature are intended to continue after termination or completion of a Service will remain in effect.
25. Company Information
The Website is operated under the Giantmatic.com business name.
26. Contact
For questions relating to these Terms and Conditions, Customers and Members may use the contact methods made available through Giantmatic.com.