WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1. Welcome to Digitide Digital (Website). The Website is Social Media Management (Services).

2. The Website is operated by Digitide Digital (ABN 51 225 255 918). Access to and use of the Website, or any of its associated Products or Services, is provided by Digitide Digital. Please read these terms and conditions (Terms) carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

3. Digitide Digital reserves the right to update these Terms from time to time. When Digitide Digital updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

4. Digitide Digital may modify or discontinue the Website or Services where reasonably necessary for business, legal, or operational reasons. Where practicable, reasonable notice will be provided.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Digitide Digital in the user interface.

3. Payment

1. All payments made in the course of your use of the Services are made using PayPal and Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the PayPal and Stripe terms and conditions which are available on their website.

2. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

3. You agree and acknowledge that Digitide Digital may vary the Services Fee from time to time. Any change to pricing will be notified to you in writing at least 30 days prior to taking effect. Updated pricing will apply to future billing periods only and will not affect services already paid for. If you do not agree to the revised pricing, you may terminate the Services prior to the new pricing taking effect.

4. You acknowledge and agree that Digitide Digital may suspend or restrict your access to the Website or Services if you breach these Terms or engage in unlawful or inappropriate conduct. Where reasonably practicable, we will provide notice and an opportunity to remedy any breach. However, we may suspend access immediately where necessary to prevent harm, legal risk, security issues, or serious misconduct.

4. Refund Policy

1. Refunds will be provided where required under the Australian Consumer Law. We do not provide refunds for change of mind. If Services are unable to be delivered due to our fault, we may, at our discretion, provide a refund or credit for the unused portion of the Services. Nothing in these Terms excludes or limits your rights under the Australian Consumer Law.

2. Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.

5. Copyright and Intellectual Property

1. The Website, the Services and all of the related products of Digitide Digital are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Digitide Digital or its contributors.

2. All trademarks, service marks and trade names are owned, registered, and/or licensed by Digitide Digital, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to:

1. use the Website pursuant to the Terms;

2. copy and store the Website and the material contained on the Website in your device's cache memory; and

3. print pages from the Website for your own personal and non-commercial use.

3. Where the Client provides content, materials, images, logos or other information, the Client warrants that it has all necessary rights and permissions to use such materials and indemnifies Digitide Digital against any claims arising from their use.

Digitide Digital does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Digitide Digital.

4. Digitide Digital retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

1. business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright, or

2. a right to use or exploit a business name, trading name, domain name, trademark, or industrial design, or

3. a thing, system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process).

5. You may not, without the prior written permission of Digitide Digital and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

6. You acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorised by Digitide Digital, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

6. Privacy

Digitide Digital collects personal information submitted through contact forms and other interactions on the Website, including names, email addresses, phone numbers and business details.

By submitting your information, you consent to Digitide Digital contacting you and using that information for the purposes of responding to your enquiry and providing Services.

All personal information is handled in accordance with our Privacy Policy, which is available on the Website.

7. General Disclaimer

1. Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

2. Subject to this clause, and to the extent permitted by law:

1. all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and

2. Digitide Digital will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Digitide Digital make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Digitide Digital) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration, or unauthorised access to records;

2. the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

3. costs incurred as a result of you using the Website, the Services or any of the products of Digitide Digital; and

4. the Services or operation in respect to links which are provided for your convenience.

4. Digitide Digital does not guarantee specific business outcomes, revenue increases, audience growth, engagement levels, or other performance metrics. Results depend on factors beyond our control, including market conditions, competition, platform algorithms, and client implementation.

8. Limitation of liability

1. To the maximum extent permitted by law, Digitide Digital excludes liability to the maximum extent permitted by law for any loss or damage arising from your use of, or reliance on, the Website.

2. You expressly understand and agree that Digitide Digital, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

9. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Digitide Digital. You must not use the Website or its content for the purpose of competing directly with Digitide Digital or copying its materials for commercial gain.

10. Termination of Contract

1. The Terms will continue to apply until terminated by either you or by Digitide Digital as set out below.

2. If you want to terminate the Terms, you may do so by:

1. providing Digitide Digital with 14 days' notice of your intention to terminate.

Your notice should be sent, in writing, to Digitide Digital via the 'Contact Us' link on our homepage.

3. Digitide Digital may at any time, terminate the Terms with you if:

1. you have breached any provision of the Terms or intend to breach any provision.

2. Digitide Digital is required to do so by law.

3. Digitide Digital may terminate these Terms or discontinue the Website or Services where it is reasonably necessary for business, legal, or operational reasons. Where practicable, Digitide Digital will provide reasonable notice.

4. Digitide Digital may suspend or restrict your access to the Website or the Services if you breach these Terms or engage in unlawful or inappropriate conduct in connection with the Website. Where reasonably practicable, we will provide notice of any suspension. However, we may suspend access immediately if required to prevent harm, legal risk, or reputational damage.

11. Indemnity

1. You agree to indemnify Digitide Digital against any claims, losses or expenses arising from your breach of these Terms or unlawful use of the Website.

12. Dispute Resolution

1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

2. Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

3. Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Resolution Institute.

3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

4. The mediation will be held in Hobart, Tasmania, Australia.

4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

5. Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.

13. Venue and Jurisdiction

The Services offered by Digitide Digital is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Tasmania, Australia.

14. Governing Law

The Terms are governed by the laws of Tasmania, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Tasmania, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.