By accessing and using Addigital's services, you agree to our Terms and Conditions. These terms outline the guidelines, responsibilities, and rights for using our digital solutions. Please review them carefully before proceeding.
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Company Identity and Ownership:
AD Digital Info Pty Ltd (ACN: XXX XXX XXX) is established as the legal owner and operator of the website. The term "Provider" (along with "us," "we," or "our") collectively refers to not just the main company but also its associates, related parties, successors, and assigns. This broad definition ensures that all affiliated entities are covered under the agreement, creating a comprehensive legal shield for the business organization.
Application of Terms:
The terms and conditions apply to three distinct user categories:
Binding Agreement:
By becoming any type of user, you explicitly acknowledge and agree to be bound by these terms and conditions. The document clarifies that this version represents the most current version of the terms, indicating that previous versions are superseded. Additionally, for clients, the supply of services is subject to separate Terms of Service, creating a layered contractual relationship.
Age Requirement:
Users must be at least 18 years of age. This is a strict requirement without exceptions, ensuring that all users have the legal capacity to enter into binding agreements in most jurisdictions.
Contractual Capacity:
Users must have the legal capacity to form a binding contract. This clause excludes individuals who may be legally incapacitated due to mental disability or other legal restrictions.
Legal Access:
Users must not be barred from accessing the website under the governing laws applicable to these terms. This would include individuals or entities subject to sanctions, legal restrictions, or court orders.
Legal Compliance:
User access or use of the website must not violate any applicable law or regulation. This broad requirement places responsibility on users to ensure their activities comply with all relevant laws, including but not limited to digital privacy laws, copyright laws, and anti-spam regulations.
Description of Content:
The website provides various resources including:
This comprehensive description establishes the scope of the website's functionality and sets user expectations about available services.
Future Content:
Any new content or features added to the website will automatically be governed by these same terms. This forward-looking clause eliminates the need to update the terms each time new content is added, ensuring continuous legal coverage.
Service Provision Basis:
The website is explicitly provided on an "as-is" and "as available" basis. This disclaimer removes any guarantee of uninterrupted service, accuracy, or reliability. The provider assumes no responsibility for timeliness, deletion, mis-delivery, or failure to store user communications or personalized settings.
User Equipment Responsibility:
Users are responsible for obtaining access to the website and for any associated third-party fees (such as Internet service provider charges). Users must provide and are responsible for all equipment necessary to access the website, placing the technical burden entirely on the user.
Prohibited Activities:
Users are expressly prohibited from:
These prohibitions protect the website's technical integrity and other users' experiences.
Content Disclaimer:
Website content is provided for guidance or reference only, not as professional advice. This critical disclaimer prevents users from claiming reliance on website information for important decisions.
No Liability:
The provider explicitly disclaims liability for any website content, including errors or omissions, and for any resulting losses. Users are not entitled to rely on or act upon such content as a basis for legal action. This comprehensive protection covers direct, indirect, incidental, special, consequential, and exemplary damages.
No Warranties:
The provider expressly disclaims all warranties, whether express or implied, regarding website content. This includes warranties of merchantability, fitness for particular purposes, or correspondence to descriptions.
No Created Warranties:
No advice or information obtained from the provider through the website shall create any warranty not expressly stated in the terms. This prevents implied warranties from arising through interactions.
Definition of User Content:
"User Content" encompasses:
This broad definition captures all user-provided information regardless of submission method.
User Responsibilities and Warranties:
Users explicitly warrant that:
The terms specifically prohibit content that is unlawful, harmful, threatening, abusive, defamatory, pornographic, privacy-invasive, hateful, or racially objectionable.
Provider Rights:
The provider reserves the right to:
License Grant:
While the provider does not claim ownership of user content, users grant the provider a worldwide, sublicensable, perpetual, transferable, royalty-free, and non-exclusive license to use their content (excluding personal information). This license permits the provider to use the content for improving the website, promoting initiatives, compiling statistics, and for commercial ventures.
Account Creation:
Clients receive an account designation and password when they first purchase services. This creates a formal relationship with specific access credentials.
Client Responsibilities:
Clients explicitly warrant that they will:
These security obligations place responsibility on clients to protect their own accounts.
Liability Disclaimer:
The provider shall not be liable for any loss or damage arising from a client's failure to comply with account security requirements. This shifts security responsibility entirely to the client.
Scope of Indemnification:
Users agree to fully indemnify, defend, and hold harmless the provider (and its affiliates, officers, agents, and employees) from all claims, demands, liabilities, damages, losses, and costs arising from:
This comprehensive indemnification requires users to protect the provider from legal action resulting from user activities, creating a strong legal shield.
Copyright Ownership:
All copyright on the website belongs to the provider or its proprietary holders. Users must abide by all copyright notices displayed on the website.
Limited Usage Rights:
Users may only:
Users may not:
Unauthorized Activities:
Any unauthorized reproduction, publication, distribution, or exhibition of website content, in whole or in part, is strictly prohibited.
Trademark Protection:
The website domain name, provider name, logo, and other marks are protected trademarks. Users may not display or use these marks without express prior written permission.
Intended Audience:
The website is primarily intended for users within Australia. This establishes the geographical focus of the service.
International User Obligations:
Users accessing the website from outside Australia expressly acknowledge that:
This places all international compliance burdens on non-Australian users.
Provider Rights to Change:
The provider reserves the right to:
These rights allow for business flexibility and evolution without user consent.
User Obligations:
Users are responsible for regularly checking for updated terms. Continued website use after modifications constitutes acceptance of the changes. If users disagree with revisions, they must immediately stop using the website.
No Liability:
The provider shall not be liable to users or third parties for any website modifications or terms amendments.
Provider Rights:
The provider may suspend or immediately terminate user access without prior notice and remove associated user content. This creates significant discretionary power.
Termination Causes:
Grounds for suspension or termination include:
Disclaimer:
All suspensions or terminations are made at the provider's sole discretion, and the provider shall not be liable for any resulting consequences.
Full Refund Conditions:
A complete (100%) refund is provided only if:
This narrow window creates a limited opportunity for full refunds.
Partial Refund Conditions:
For refund requests after 15 days, the provider reserves the right to provide partial refunds, deducting:
This includes work on research, meetings, documentation, layouts, hosting setup, and client communications, giving the provider significant flexibility in determining refund amounts.
Third-Party Links:
The website may provide links to external websites or resources for user convenience.
No Control or Endorsement:
The provider has no control over such external sites and is not responsible for their:
No Liability:
The provider shall not be responsible or liable for any damage or loss caused by or related to the use of external content, goods, or services.
Content Restrictions:
The provider will not respond to emails containing threatening, abusive, malicious, pornographic, obscene, defamatory, or illegal material, and reserves the right to take appropriate action against such communications.
Storage Period:
Emails will generally be stored for 6 months and then deleted, establishing a clear data retention policy.
Data Handling:
All use of personal data collected from users is subject to the provider's Privacy Policy, which is incorporated by reference into these terms.
This establishes that data handling practices are governed by a separate but related document.
Legal Framework:
These terms and conditions and any resulting obligations are governed by and construed in accordance with Australian law.
This choice of law provision establishes which legal system will be used to interpret the agreement.
Dispute Resolution Venue:
The courts of Australia have exclusive jurisdiction to settle any disputes arising from these terms.
Users irrevocably submit to the jurisdiction of Australian courts for all claims, counterclaims, and disputes, including those relating to non-contractual obligations.
Comprehensive Agreement:
These terms constitute the entire agreement between users and the provider, superseding any prior agreements.
This integration clause prevents claims based on previous discussions or understandings not included in the written terms.
Reporting Mechanism:
Violations of these terms should be reported by emailing the provider at info@addigitalinfo.com.
This establishes a clear channel for reporting concerns or infractions.
This comprehensive explanation details the extensive legal framework governing the relationship between AD Digital Info and its users. The terms establish clear rights and responsibilities for both parties, with significant protections for the provider and numerous obligations for users. The document represents a thorough attempt to anticipate and address potential legal issues across the entire spectrum of website usage.
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