Terms of Service
Last updated: April 2023
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.
terms and conditions
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- Our services do not include record-keeping and we shall not be liable for any loss of data or content.
- 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.
- 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.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
- 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.
- 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.
- 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.
- 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).