TERMS

Last updated: July 2025

Welcome to Digital Confluence. These terms of service (the “Terms”) constitute a legal agreement between you and Digital Confluence (ABN 4924 373 6362) trading as Digital Confluence that governs the use of our website and services.

General Terms

  1. The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website or services.
  2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our website on these Terms.
  3. By requesting services from us, which involves providing us with certain mandatory and voluntary information as required for the provision of the services, you agree and acknowledge that you have read and agree to comply with the Terms set out and that you shall ensure that all users of the services procured by you abide by these Terms. 
  4. You are responsible for maintaining the confidentiality of the services provided to you and responsible for all activities that occur in respect of such services.  You agree that all actions carried out by any person on your behalf shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use these services are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of the services provided to you.
  5. We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our services at any time.
  6. We reserve the right to change, modify, suspend, or discontinue any portion of the services provided by us in connection with any of the foregoing at any time.

Intellectual property

  1. All Content including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Digital Confluence or other relevant third parties (where identified). You acknowledge that such material is protected by applicable Australian and International intellectual property and other relevant laws.
  2. You may not reproduce, copy, distribute, store or in any other fashion re-use material provided as part of the services unless otherwise indicated or unless given express written permission to do so by Digital Confluence.
  3. You acknowledge that all intellectual property rights in our services provided anywhere in the world belong to us. Any intellectual property rights in content provided by you to us for the provision of our services shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the services. 
  4. You must not use any part of the content created as part of the services provided without written consent from Digital Confluence to do so.

Limitation of liability

  1. We are not liable for the completeness, accuracy, or correctness of any information provided to us in the provision of our services. You expressly agree that your use of the services is at your sole risk.
  2. Nothing in these Terms shall limit or exclude our liability for:
    2.1. death or personal injury resulting from our negligence;
    2.2. fraud; and/or
    2.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
  3. Our services do not include record-keeping and we shall not be liable for any loss of data or content.
  4. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of services which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

Indemnity

You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our services and whether in respect of your breach of these Terms (including our Privacy Policy, GDPR Compliance Statement, Australia`s Privacy Act/GDPR or Cookie Policy) or any laws or regulations or otherwise.

Other Terms

  1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
  2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
  3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
  4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
  5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
  7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Australia. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of the Australian Capital Territory (ACT).

Terms applicable to programs and events run by Digital Confluence

These terms and conditions apply to any registration for, admission to, and continued attendance of any program or event (“program”) delivered or managed either exclusively by Rowena Morais,  Digital Confluence or in partnership with other parties.

1.Parties.These terms form an agreement between you and Digital Confluence (ABN 49 243 736 362) (“we”, “us”, “our”).

2.Capacity: 

a.You enter into this agreement in your personal capacity and also, on behalf of any business or organisation which you represent or which employs you

b. You warrant that you have the express authority to enter into this agreement.

3. Full payment required. Full payment is required,, in cleared funds, of the registration fee, applicable GST, and all other monies due and payable in connection with your attendance of the program. We have the right to deny entry into the program if your attendance fee is not paid in full.

4. Cancellation

a. You may cancel your registration for the program at any time, by notifying us by email at rowena@digitalconfluence.info

b. Cancellation made 10 days or more in advance of the program start date will receive a 100% refund. Cancellations made within 3 – 9 days of the program start date will incur a 20% fee. Cancellations made within 48 hours of the program will incur a 30% fee.

c. We may cancel or postpone all or components of our program for any reason. We will notify you by email if this should occur. If the event is cancelled, all monies paid will be refunded. If the event is postponed, we will communicate this via email. You will be able to choose us retaining the monies paid and applying it to the upcoming event or having monies refunded

5. Expenses. Any expenses you incur in preparation for the program are at your sole risk and to the extent permissible by law, we are not liable to you for those expenses in any circumstances.

6. Program subject to change. While we make reasonable efforts to run our programs as advertised, there may be changes to the program dates, content, order or session times, presenters etc. If changes are made, reasonable endeavours will be made to provide updates via our website. Registered participants shall also be notified through the email they have provided. You are responsible for checking for such notifications prior to the program.

7. Code of conduct. At all times throughout the program, you must comply with our Code of Conduct.

a. conduct yourself in a reasonable, respectful, considerate and lawful manner;

b. not act, speak or otherwise communicate in a manner that is offensive, obscene or that reasonable persons may consider to be offensive or obscene;

c. be respectful towards speakers and others expressing their opinions and refrain from causing a nuisance or interrupting or disrupting program content;

d. comply promptly with our reasonable and lawful directions 

e. we may, without liability to you, eject you from a program or refuse you entry to the program if we, acting reasonably, consider you to be in breach of our terms and conditions or for any other reasonable cause.

8. Online participation in a program or event. If you register to participate in a program or event, or any part of it, you agree that:

a. you are responsible for ensuring appropriate technology, internet connectivity and speed in order to participate fully

b. we shall not be liable for any interruption, delay, video, picture or sound quality problems or power interruptions that you may experience

c. you are not entitled to a refund if you are not able to participate fully or the quality of your participation is diminished

d. you will comply with any rules, protocols or directions we have made, whether are published, issued in writing, or delivered verbally to you

e. questions you post or messages you share in the public forum may be viewed by other participants

f. you warrant that the home or work environment in which you access the online component of the event or program is free of risk to your health and safety

9. Filming of the event or program

a. You are not allowed to film or record the program.

b. You provide us with an irrevocable right to record you (picture, voice and video), to edit and incorporate the recording into a photo or video gallery, short film or webinar for the promotion of future programs or similar program for no monetary or other compensation

c. You acknowledge that you have no right, title or interest in such recording

d. We may use social media to pose photos or videos. If you do not want your video or photos to be used, you may contact us to notify us of your request

10. Privacy. 

a. You consent to our collection, use and disclosure of personal information as defined by the Privacy Act 1988 (Cth)

b. You consent to our use of your personal information to let you know of future events, programs or services that we consider you may be interested in

11. Assignment of registration. You may transfer your registration for the event or program to another person provided you notify us with at least 10 business days notice, that we agree with this assignment of registration, and that the transfer agrees to be bound by these terms and conditions. If a transfer of registration is made under this clause, no refund of registration fees will be payable.