The following provisions govern your use of the app licenced by DigiGround (found on the “DigiGround respective app stores”) and all other services made available to you through the digiground.com.au and digigear.com.au web sites. Please read these terms and conditions carefully before using any DigiGround or DigiGear website or app. By using any DigiGround or DigiGear website or app, you agree to be bound by these Terms and Conditions which constitute a contract between you and DigiGround Pty Ltd of Level 3, 100 Harris Street, Pyrmont NSW 2009, Australia (“we” or “us”). If you do not agree to all of the provisions contained in these Terms and Conditions, DO NOT use any DigiGround or DigiGear website or app. We reserve the right to revise and update these Terms and Conditions at any time. Please periodically review these Terms and Conditions. Your continued use of DigiGround or DigiGear websites or apps constitutes your acceptance of and agreement to any revised Terms and Conditions.
It is a condition of these Terms and Conditions that all information or content you post and/or submit to be posted or used on the DigiGround, including all advertisements, photos and creative designs, are either your own works or works which you are using with the permission of the owner. Subject to any other clauses of these Terms and Conditions, by submitting information or content (including advertisements, photos and designs) to any part of the DigiGround you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the DigiGround (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or confidentiality restrictions. You warrant that any and all information submitted by you and posted on the DigiGround, including in any directories, is true, complete and correct.
Copyright in Reviews and comments
By accepting these Terms and Conditions when establishing your account, you hereby consign to us all present and future copyright in all of original content submitted or posted by you to any DigiGround or DigiGear website or app including without limitation: comments, forum posts, public messages, reviews, ratings and the compilation of any inspiration board (but not including the contents of any advertisement, advertiser’s profile, or any ‘get a quote’ submission). You also irrevocably authorise us to use the content in any way we please. For the avoidance of doubt, nothing in this paragraph requires you to create an account in order to be bound by these Terms and Conditions, and your use of any DigiGround or DigiGear website or app constitutes your agreement to these Terms and Conditions.
Review of submissions
Files that you upload, public messages that you send and your activity in dialogue, discussion, and forums on any DigiGround or DigiGear website or app are subject to review, modification and deletion without notice by the discussion or forum manager. Files that you upload to a bulletin board are subject to posted limitations on usage, reproduction and/or dissemination and you are responsible for adhering to such limitations. You should be aware that personally identifiable information you choose to disclose on any DigiGround or DigiGear website or app may be used by third parties and such use is beyond our control.
You must not post any information which is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of any DigiGround or DigiGear website or app or any of our users.
We may deny you access to all or part of any DigiGround or DigiGear website or app and/or suspend or cancel your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.
Copyright and Trade Marks
The entire contents and design of any DigiGround or DigiGear website or app, including all trademarks, text, images and audio and video files, is proprietary to us or our content providers and is protected by copyright laws. Any DigiGround or DigiGear website or app is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in any DigiGround or DigiGear website or app and/or our e-newsletters without our express prior written permission or the permission of the relevant copyright owner. You may not use any of the information or content on any DigiGround or DigiGear website or app for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.
Any DigiGround or DigiGear website or app is provided on an ‘as is, with all faults and as available’ basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. We make no representation or warranty that any content of any DigiGround or DigiGear website or app is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of any DigiGround or DigiGear website or app will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating any DigiGround or DigiGear website or app at any time without notice.
Use of any DigiGround or DigiGear website or app
Your use of any DigiGround or DigiGear website or app is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of any DigiGround or DigiGear website or app. Neither we nor anyone else involved in creating, producing or delivering any DigiGround or DigiGear website or app, our e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, any DigiGround or DigiGear website or app.
You must not use any means of automatically searching or mining data from any DigiGround or DigiGear website or app or in any way interfere or attempt to interfere with the proper operation of any DigiGround or DigiGear website or app.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with any DigiGround or DigiGear website or app, our systems or data or those of any third party via any DigiGround or DigiGear website or app.
We strive to provide valuable and accurate information. The editors of the material contained in any DigiGround or DigiGear website or app have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in any DigiGround or DigiGear website or app neither we nor any other party involved in the preparation of material contained in any DigiGround or DigiGear website or app or in any communication DigiGround distributes or warrants that the information contained therein is in every respect accurate or complete, and they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources.
Consumers reading articles or other material posted on any DigiGround or DigiGear website or app or e-newsletters should review the information carefully. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through any DigiGround or DigiGear website or app or our e-newsletters is intended as professional advice.
We do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any professional or facility listed in our directories. We rely on the professionals or the facilities listed in our directories to provide accurate information and assume no responsibility for verifying the information provided. Use of our directories to locate a professional or facility is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories for the selection of a professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any professional or other service provider with the applicable licensing Board or authority.
You should satisfy yourself as the competence, solvency, insurances and licensing of anybody you decide to retain as a result of a connection made through our services, including the post a job / Get Quotes service. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you retain as a consequence of using our directory or services.
Any DigiGround or DigiGear website or app may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on any DigiGround or DigiGear website or app and/or in our e-newsletters does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.
You must register and obtain a service account in order to submit information to any DigiGround or DigiGear website or app. To do so, and to find out about the benefits of registration, please go to “Register Now”. After you have registered, we will contact you to confirm your registration details. Your service account will then be activated and you will be issued a password which will be sent to you by email.
You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with DigiGround.com.au. If you suspect any unauthorised use of your service account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your service account.
You may close your service account at any time but you will remain liable for obligations related to your service account after it has been closed. The sections in these Terms and Conditions headed Copyright and Trade Marks, General Disclaimer, Disclaimer, Indemnification, Waiver, Release and Limitation of Liability and Third Party Rights and the first paragraph of the section headed User Submissions will continue to apply once your service account has been closed.
Designated Copyright Representative
The Copyright Regulations 1969 (Cth) establish a safe harbour scheme which limits the remedies available against carriage service providers for copyright infringement relating to certain online activities. Our designated representative to receive notifications and notices issued under that scheme in relation to all activities carried out by us as a carriage service provider is:
Postal address: Level 3, 100 Harris Street, Pyrmont NSW 2009, Australia
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing any DigiGround or DigiGear website or app using your service account.
Waiver, Release and Limitation of Liability
You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of any DigiGround or DigiGear website or app. You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of any DigiGround or DigiGear website or app. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
Notwithstanding the foregoing paragraph, to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with any DigiGround or DigiGear website or app shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$200. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of any DigiGround or DigiGear website or app is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.
Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of any DigiGround or DigiGear website or app, or resulting from the act or omission of any other party involved in making any DigiGround or DigiGear website or app or the information contained therein available to you, or from any other cause relating to your access to or your inability to access any DigiGround or DigiGear website or app or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us.
Third Party Rights
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Advertisers and sponsors of any DigiGround or DigiGear website or app and/or its e-communication documents have no influence on editorial content or presentation.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
Our relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.
We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the “Contact Us” facility on any DigiGround or DigiGear website or app. Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms and Conditions. A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia).
If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.
These Terms and Conditions are governed by the laws of New South Wales, Australia.
Last updated by DigiGear on 01/07/2017.