Terms and Conditions

Effective Date: 8 May 2024 

These website terms and conditions (the "Terms ") apply to the DigiFutures Pty Ltd website located at www.digifutures.com.au and all associated sites linked to www.digifutures.com.au by DigiFutures Pty Ltd, its subsidiaries, and affiliates (collectively, the "Site"). The Site is the property of DigiFutures Pty Ltd (“we”, “us”, and “our ”) and its licensors.

By using the Site you agree to these terms of use. If you do not agree with any part of Terms, do not use the Site. If you have any questions, comments, or concerns please contact us at info @ digifutures.com.au (remove spaces).

In order to access and use any of our applications, products, or services (collectively  the “Services”), you will agree to comply with all applicable laws, statutes, ordinances, and regulations in connection with your access and use of our Site. 

Privacy Statement
DigiFutures Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to DigiFutures Pty Ltd's Privacy Policy, which is available on the Website.

Updates
We may update these Terms, any of the policies referred to in these Terms or any of the features of our Site without notice by posting a new version on our Site. You should check our Site occasionally to ensure you are familiar with any changes.

Site content and access
Our Site may contain links to other Site or may reference content generated by other people. We do not take any responsibility for any Site or content of third parties. There may be times when our Site is not available and we cannot guarantee that our Site is free from viruses or anything else which may damage any device used to access our Site or any data on such device.

Copyright and Trademarks
We, together with our licensors, own and control all the copyright and other intellectual property rights in our Site and materials thereof (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material, and audio-visual material on the Site) and all the copyright and other intellectual property rights on our Site are reserved.

The names and logos of DigiFutures Pty Ltd and its affiliates, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of DigiFutures Pty Ltd and its affiliates (collectively, the “Marks”). 

All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this website are the property of their respective owners. You are not authorised to display or use the Marks in any manner without our prior written permission. You are not authorised to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this website without the prior written permission of such owners.  

The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Disclaimer of Warranties
Although DigiFutures Pty Ltd attempts to provide accurate content on the Site, it makes no representation, endorsement or warranty that such content is accurate or suitable for any particular purpose. The Site and its content are provided on an "as is" basis. Use of the Site and its content is at the user's sole risk.

The Site and content are provided without any representations, endorsements, or warranties of any kind whatsoever, either expressed or implied, including, but not limited to, any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose or non‑infringement, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law. As noted below, DigiFutures Pty Ltd also makes no representations, endorsements or warranties, either express or implied, with respect to any website operated by a third party.

Limitation of Liability
DigiFutures Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that DigiFutures Pty Ltd, 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. 

Waiver
No waiver by of any right under or term or provision of these Terms will be deemed a waiver of any other right, term or provision of these Terms at that time or a waiver of that or any other right, term or provision of these Terms at any other time.

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 DigiFutures Pty Ltd. Competitors are not permitted to use or access any information or content on our Site. If you breach this provision, DigiFutures Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Venue and Jurisdiction
The Services offered by DigiFutures Pty Ltd 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 Queensland, Australia.

Governing Law
The Terms are governed by the laws of Queensland, 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 Queensland, 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.

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.

Contact Us
If you have any questions about these Terms, please contact us at https://www.digifutures.com.au/contact.