This website digithive.com.au is operated by The Digit Hive. These terms set out how you can use our Site and other resources featured on our Site.
Your use of our Site and any online services is governed by these terms of use and our Privacy Policy (available on our site) (Terms). By accessing or using our Site, or by using our online services, you agree to be bound by these Terms and Conditions. We recommend you take the time to read these Terms carefully and, if you do not agree to these Terms, stop using our Site.
We grant you a limited, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.
The right to access our corporate website does not include any resale or commercial use of our site or its contents nor allows you to download or copy any account information for the benefit of another merchant.
Any unauthorised use terminates the permission or license granted by Us.
When using Our Site, you agree that:
You warrant that:
If you are a competitor of ours, then you are prohibited from using our Site and its Content. You may not make any profit or gain from our Site or its Content without our prior express written permission.
We own or license all intellectual property rights (including copyright and trademarks) in all information, text, material, graphics, logos, icons, sound recordings, bots, software and source code on our Site (“Subject Matter”).
Material on our Website, including blogs, videos, market reports, photographs, renders and other Content are protected by copyright and are Our property or Our licensor’s. Unless otherwise indicated, we reserve all rights in the Site materials. You may make a temporary copy of all or part of this material on your local computer for the sole purpose of viewing it, and print a single hardcopy of a whole page of this Site for the limited use to assist us in delivering our services to You. Except as permitted by the Copyright Act 1968 (Cth), you may not otherwise copy or reproduce the material on our Site. Using the Content on our Site without our permission may constitute an infringement of copyright and may expose you to serious liability.
Additionally, subject to the Copyright Act 1968 (Cth), you may not, without our written permission, in any form or by any means:
Material that you submit electronically to us must comply with our specifications. We may at any time reject material submitted to us which is not submitted in accordance with our specifications.
You warrant that you own the rights in the intellectual property that you provide to us, and that you are authorised to grant us the licence to use this material.
You warrant to us that the use of material submitted to us does not breach or infringe:
We have taken all reasonable steps to preserve the security of the information you provide to us and we provide to you. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect all data transmissions over the Internet (including your information), we do not warrant and cannot ensure the security of any information which you transmit to us or which we transmit to you. As such, any information which you transmit to us is transmitted at your own risk.
Our Site may contain links to other websites (‘Third Party Websites’). These links are provided for your convenience and information only, and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Third Party Websites.
Any dealings with you and Third Party Websites are solely between you and the third party, and you agree that we are not liable for any loss or damage incurred as a result of such dealings.
We are not responsible if information made available on this Site is not accurate, complete or current.
The Content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information which is definitely not current and is provided for reference only. We reserve the right to modify the contents of this Site at any time without obligation on our end to update any information on the site. You understand and agree that it is your responsibility to monitor changes to the Site.
We are not financial or legal advisors. The information contained on this Site is for general information purposes only. It is not intended as legal, financial or investment advice and should not be construed or relied on as such. The information has been prepared without taking into account your personal objectives, financial situation or needs. Before making any commitment of a legal or financial nature you should consider the appropriateness of the information having regard to your objectives, financial situation and needs and seek advice from a legal practitioner or financial or investment adviser.
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
You read, use and act on our Site and the Content at your own risk.
To the maximum extent permitted by law, and without limiting any other provision in these Terms:
In the event that the supply of our services constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) (‘the Act’) nothing contained in these Terms excludes, restricts or modifies any remedies or guarantees where to do so is unlawful. To the full extent permitted by law, where the benefit of any such remedy or guarantee is conferred upon you pursuant to the Act, our sole liability for breach of any such remedy or guarantee shall be limited to the remedies available under the Act.
We do not guarantee that our Site or Third Party Websites will be free from viruses, or that access to our Site or Third Party Websites will function as intended or be uninterrupted. You must take your own precautions to ensure that the process which you employ for accessing our Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For clarity, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your access or use of our Site or any Third Party Website.
Our limitation of liability will survive termination.
You indemnify us in respect of any liability suffered or incurred by us for any loss, cost (including legal costs on a full indemnity basis), action, proceeding, claim, damage, demand, liability or expense as a result of your breach of these Terms, your use of the Site, or warranties given by you. This indemnity continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
We may:
in our absolute discretion and without any notice to you. All conditions imposed on you by these Terms will survive.
A provision of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining provisions or parts of the provisions of this Terms continue in force.
Your use of our Site is governed by and construed in accordance with the laws of The Australian Capital Territory Australia. By using our Site, you irrevocably and unconditionally submit to the jurisdiction of the courts of The Australian Capital Territory and the courts of Australia. These Terms will be construed in accordance with the laws of The Australian Capital Territory and Australia. We have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Our Site may be accessed overseas. We make no representation that our Site complies with any laws outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
We may amend these Terms, including our Privacy Policy, from time to time. Amendments will be effective immediately upon notification on our Site. Your continued use of our Site represents an agreement by you to be bound by the Terms as amended. You should check our site regularly so you are kept up to date with our current Terms. Materials and information on this Site (Content) are subject to change without notice. While we use reasonable effort to ensure that our Content is accurate, current and complete, we don’t represent, warrant or guarantee its accuracy, currency or completeness (to the maximum extent permitted by law) and we are not liable if any Content is inaccurate or out-of-date.
The parties must use reasonable endeavours to resolve any dispute under these Terms by taking the following steps:
before they commence legal proceedings (except proceedings for interlocutory relief). Costs of any mediator or expert will be borne equally between the parties.
Our failure to insist upon strict performance of any of these Terms, shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of these Terms. These Terms will continue to be in full force and effect.
No waiver by either party of any breach of any provision in these Terms shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
For any questions and notices, please contact us at:
Email: info@digithive.com.au
