Terms of Use

These terms (Terms of Use) govern your use of our website(s) and application(s). References to the "website" includes http://www.digitalo.com.au or any other site, services (including web services), software or media managed by us. References to “app” refers to our mobile applications. Your use of our website and/or app constitutes your acceptance of these Terms of Use. In using the website and/or app you affirm that you are 18 years or older, or possess legal parental or guardian consent, and are fully able and competent to give the undertakings set out in these Terms of Use, and to abide by and comply with these Terms of Use. You are contracting with DIGITALO PTY LTD, a company registered in Australia and/or any of its subsidiaries providing you with services in your legal jurisdiction (“DIGITALO”, “we”, “us”, “our”).

  1. What DIGITALO Offers

We provide the following services through our website and app:

  • the ability to read about the products offered by participating providers;
  • the ability to submit service referrals; and
  • any other services, features, content, or applications that DIGITALO or its affiliates may offer through the website or app or any other electronic medium from time to time in our sole and absolute discretion.

We reserve the right to change, modify, suspend or discontinue the whole or any portion of the services which we provide at any time. We may also impose limits on certain features or restrict your access to parts of the website or app without notice of liability.

  1. Our website content

Our website and/or app may include content, information or links to third parties or third party websites such as local providers, photos, products and reviews of their services.

We have not verified the accuracy of the content or information obtained from third parties and posted on our website and/or app. We make no warranties about information provided by third parties or hosted on third party websites.

We do not endorse any content provided by third parties or posted on third party websites. That information and those links may be used by you at your own risk. Whilst we hope that you will have a good experience through our website or apps, we do not warrant that the quality or services provided by the participating providers.

By accepting these Terms of Use you agree to relieve DIGITALO from any liability whatsoever arising from your use of information from a third party, or your use of any third party website, or your utilising the services offered by a participating provider. We recommend that before you use a third party website, that you read and accept the privacy policy and terms and conditions of use (if any) which apply to that website.

  1. Your use of the website and app

If you use our website and/or app, then:

  • you must only use them if you are 18 years or older, or otherwise under the supervision of an adult or guardian;
  • you agree to accept full responsibility for all your activities on our website and app and when attending the participating provider; and
  • you are solely responsible for maintaining the confidentiality of your personal details, password and payment details.

We reserve the right to refuse service, terminate your access to the website and/or app, remove or edit any content without notice to you. In the event of dispute or chargeback regarding online payment, you should contact info@digitalo.com.au directly to resolve the dispute and not the participating provider.

  1. Using our website and app

We provide our permission for you to access our website and/or app in accordance with these Terms of Use provided that you:

  • do not copy, distribute or publish any part of the website them other than as may be reasonably necessary to use their intended purpose;
  • do not to use or launch any automated system or program in connection with our website or its online functionality;
  • do not to collect or harvest any personally identifiable information, or use communication systems provided by us for any commercial solicitation purposes, solicit for any reason whatsoever any users of our products with respect to their submissions to the website and/or app, or publish or distribute any vouchers or codes in connection with the website and/or app, or scrape or hack the website and/or app;
  • you comply with the other provisions set out in these Terms of Use.

We do not warrant that your use will be uninterrupted and we do not warrant that any information (or communication) transmitted via our service will be transmitted reliably, accurately, in a timely manner or at all. The website and app, are provided on an "as is" basis and may be subject to delay or downtime.

We do not give warrant that our services are free from viruses or anything else which may have a harmful effect on any technology.

Additionally, whilst we will try to allow uninterrupted access to our online facilities they may be suspended, restricted or terminated at any time.

We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Terms of Use.

When you are visiting our website, we may eventually store so called “cookies” on your computer to offer you a better functionality. These cookies contain pieces of information that help us remember you as our customer including information from your previous orders. The use of cookies is industry standard and they are common at almost every internet shop or website.

  1. Registration and accounts

To access certain parts of website and app you will be required to sign-up for an account with us and select a username and password. You are solely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to:

  • share or permit others to use your account or password; or
  • assign or transfer your Account to any other person or entity.

You will be bound by and responsible for all communications and online activity transmitted or conducted through the use of your account. We will have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your account. If you are aware of any actual or suspected unauthorised use(s) of your account, or loss, theft, or unauthorised disclosure of your password, please promptly notify us at: info@digitalo.com.au.

  1. Submitting information to our website and apps

DIGITALO may enable users of the website, its applications or any software now or in the future to submit written works, photos, or videos (User Submissions) or host, share or publish User Submissions. All User Submissions once submitted to our website or through social media managed by DIGITALO become the property of DIGITALO. DIGITALO reserves the right not to post the User Submissions to its website or to change the User Submissions in any way it sees fit.

You agree that DIGITALO may publish your name and submissions on the website, DIGITALO’s social media or in any other media. You also agree that DIGITALO does not guarantee the confidentiality of any User Submissions whether or not they are published on the website, its applications or other software. You agree that DIGITALO does not endorse any User Submission and disclaims all liability in connection with a User Submission.

You agree not to submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DIGITALO all of the licence rights granted herein. You agree not to submit information which is false or misleading, unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be consider a criminal offence. You agree not to use the website to post advertisements or solicitations of business without our prior written consent. You agree that you will not impersonate another person when using the website.

In connection with your own User Submissions, you represent and warrant that you own or have the necessary licences, consents and permissions to use and authorise DIGITALO to use all patent, trade mark, trade secrets, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and/or app and these Terms of Use.

You also warrant that you have the consent of each and every identifiable person in the User Submission to use the name or likeness of each and every identifiable person to enable inclusion and the use of the User Submissions in the manner contemplated by the User Submissions become the property of DIGITALO. By submitting the User Submissions to DIGITALO, you hereby grant DIGITALO a perpetual, worldwide, royalty free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the website and app, including without limitation for promoting and redistributing all or part of the website and app (including derivative works) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive licence to access your User Submissions through the website and app and to use, reproduce, distribute, prepare derivative works of, display and perform use User Submissions as permitted through the website under this Terms of Use.

We do not permit copyright infringing activities and infringement of intellectual property rights on its website. We will block and remove all content and User Submissions if properly notified that such content or User Submissions infringes another person's intellectual property rights. We reserve the right to remove content and User Submissions without prior notice.

We also reserves the right to terminate, without notice, a user's access to its website and app, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of activity which infringe these Terms of Use on one previous occasion and/or has had a User Submission removed from the website.

  1. Intellectual Property rights

All of the content of the website, including all text, software, scripts, flash files, java script, graphics, photos, sounds, music, videos, interactive features and the like, but other than the User Submissions, (Content) and the trade marks, service marks and logos contained therein (Marks) are owned or licensed to DIGITALO. Their use is subject to copyright and other intellectual property rights under Australian laws and international conventions.

You will not attempt to, obtain any title to any of the Content or Marks. You agree not to engage in the use, copying, or distribution of any of the Content or Marks other than expressly permitted in these Terms of Use including, without limitation, using, copying, distributing, displaying, reproducing or transmitting in any form or by any means without the prior written consent of DIGITALO.

You may retrieve and display the content of the website and/or on a computer screen including any tablet or smartphone device, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise copy, reproduce, modify or distribute or use for commercial purposes any of the materials or content on the Website or accessed as part of the service without our permission.

If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

We reserve all rights not expressly granted in and to the website and the Content and Marks.

All rights (including goodwill and, where relevant, trade marks) in the DIGITALO name are owned by us or licensed to us. Other product and company names mentioned on the website and/or app are the trade marks or registered trade marks of third parties.

Title, ownership rights and intellectual property rights in and to the content accessed using the services provided by us is the property of the applicable content owner and may be protected by applicable copyright or other law. Subject to the limited rights described above, this Terms of Use gives you no rights to such content

  1. Search engines

We consent to operators of publicly available search engines, such as Google, Yahoo! and Bing, to use software applications, such as spiders, to copy materials from the website solely for the purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to withdraw that consent in full or in part at any time.

  1. Indemnity

You agree to indemnify DIGITALO, its related bodies corporate, affiliates, and the officers, directors, employees and agents of those entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expense (including but not limited to legal fees) arising from: (1) your use of and access of the website and/app; (2) your violation of any term of these Terms of Use; and (3) your violation of any third party right including, without limitation, any copyright, property, or privacy right; and (4) any claim that one of your User Submissions caused damage to a third party.

  1. Limitation of Liability

To the maximum extent permitted by law, the liability of DIGITALO to you for any losses arising in relation to these Terms of Use or the use of our website or apps as a result of our breach of these Terms of Use or our negligence will not exceed $100. We are not liable for any consequential losses, special losses, or indirect losses arising from your use of its services, website or apps.

We are not responsible for any photographical or typographical errors in relation to any detail or description of a particular participating provider. We take no responsibility for any bad experiences from any of the participating providers. Since we do not have and never will have any contractual involvement in your orders with the participating provider, we are not required to involve itself in the resolution of any dispute that arises between you and any participating provider.

We disclaim any liability for the acts, errors or omissions of any third party users, advertisers or sponsors on our website and/or app. We are not responsible for the products, services, actions, errors or omissions of any product or service provided by any third party, such as a participating provider, in relation to the DIGITALO website and/or app.

  1. Changes to these terms

We may, in its discretion and subject to law, amend or otherwise modify the Terms of Use from time to time. We recommend that you carefully read, each time you visit the website, the Terms of Use as they may affect your rights.

  1. Vouchers and promotions

We may from time to time offer vouchers, promotions or gift cards to its members free of charge or for value. We may from time to time permit participating providers to offer their own vouchers or promotions for use in conjunction with the website and/or app.

Any vouchers, promotions or gift cards offered through the website or the app cannot be redeemed or refunded for cash with us or used beyond their respective expiry dates.

You are solely responsible for the security of any vouchers, promotions or gift cards that you open through using the website or the app. We are not responsible for any loss or damage to those vouchers, promotions or gift cards and does not have any obligation to replace them.

We have no obligation to redeem any vouchers, promotions or gift cards which appear in its sole opinion to have been tampered with or forged.

  1. General

These Terms of Use are governed by the laws of the State of Queensland and the Commonwealth of Australia. Any claim or dispute between you and us will be exclusively decided by a court of competent jurisdiction located in the State of Queensland, Australia.

These Terms of Use, together with our Privacy Policy, as well as any other legal notices published on our website, constitute the entire agreement between you and us concerning the website and app and the services provided.

If any provisions of these Terms of Use or Privacy Policy are deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provision of these Terms of Use or the applicable policy, which will remain in full force and effect.

The relevant participating provider, and not DIGITALO, who supplies you with the services is solely responsible for supplying the services, and for redeeming any promotional voucher you purchase from DIGITALO or are gifted to you.

We do not act as agent for the participating provider or third parties listed on the website or apps.

Nothing in these Terms of Use shall be construed to create a joint venture, partnership or agency relationship between you and DIGITALO and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Use. We will have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Use to any person.

We shall not be liable for any breach of our obligations under these Terms of Use if we are hindered or prevented from carrying out our obligations by any cause which is outside our reasonable control, including by fire, lightning, flood, extremely severe weather, lock-out, strike, labour dispute, act of God, riot, war, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

If any provision of these Terms of Use are held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

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