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Website Terms & Conditions

DATED: THE 1st DAY OF July 2024

In these terms and conditions, “we”, “us”, and “our” refers to Digital Elements. Your access to and use of all content on this website (digitalelements.com.au) is provided subject to the following terms and conditions.

We reserve the right to amend this notice at any time, and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. Therefore, we recommend that you read these terms and conditions each time you access our website.

Our Website Services

  1. We reserve the right to prevent you from using this website at any time if you breach these terms and conditions.

Site Access

  1. When you visit our website, we give you a limited licence to access and use our information for personal use.
  2. You are allowed to download a copy of the information on this website to your computer for your personal use only. If you do not delete or change any copyright symbol, trade mark or other proprietary notice, your use of our content in any other way infringes our intellectual property rights.
  3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also only permits you to metatag or mirror our website with our prior written permission. We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website.

Hyperlinks

  1. This website may, from time to time, contain hyperlinks to other websites. Such links are provided for convenience only, and we take no responsibility for any linked website’s content, maintenance, or privacy compliance. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and products they provide.
  2. You can just link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you will need not change any of our website’s contents, including any intellectual property notices, and you must not frame or reformat any of our pages, files, images, text, or other materials.

Intellectual Property Rights

  1. The copyright to all content on this website, including applets, graphics, images, layouts, and text, belongs to us, or we have a licence to use those materials.
  2. All trademarks, brands and logos generally identified with the symbols TM or ® used on this website are owned by us, or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers

  1. The information we provide on this website is of a general nature only. We are not providing professional advice; you should get professional or specialist advice appropriate to your circumstances. We don’t give any warranty, and we don’t accept any liability if you use the information without obtaining independent advice.
  2. We don’t guarantee that the information is free from error or omission, and you should use your care and skill when accessing and using it.
  3. To the extent permitted by law, any condition or warranty which would otherwise be implied in these terms and conditions is excluded.
  4. We take all due care to ensure that our website is free of viruses, worms, Trojan horses, and/or malware. However, we are not responsible for any damage to your computer system that comes in connection with your use of our website or any linked website.

Limitation of Liability

  1. To the full extent permitted by law, our liability for breach of an implied warranty or condition will not exceed the amount you paid to access our website.

Indemnity

  1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses, including legal fees arising from or in connection with your use of our website.

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of Queensland, Australia. Any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland, and you agree to submit to the jurisdiction of those Courts.
  2. If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions, and the remaining provisions will remain in full force and effect.

Privacy

  1. We undertake to take all due care with any information, including comments, you may provide us when accessing our website. However, we do not warrant and cannot ensure the security of any information you may have. Information you send us is entirely at your own risk, but we take reasonable steps to secure this information.
  2. Our compliance with privacy legislation is set out in our separate Privacy Policy, which can be accessed from our home page.

These terms and conditions have been specifically drafted for and provided to Spearhead Creative Pty Ltd t/a Digital Elements.