The Website is owned and operated by 23 ICT Pty Ltd (ACN: 169 724 181) and/or its
associates,
related parties, successors and assigns (collectively referred to as “Provider“,
“us“, “we” or “our“).
any persons viewing or otherwise accessing the Website (“Visitor“);
any persons supplying in any way personal information (including name and email address) to the
Provider through or in connection with the Website, whether by way of the Provider’s registration,
contact or request forms or otherwise (“Registered User“); and
any persons provided with an individual account (“Account“) for the management
of services purchased by such persons from the Provider (“Clients“);
All categories of users are collectively referred to as “Users“,“you” or “your” in this T&C.
The terms and conditions set below, the Privacy Policy and any other terms and conditions, notices and
disclaimers displayed elsewhere on the Website apply to:
By becoming a User, you hereby acknowledge and agree to be bound by the T&C. This version
represents the most current version of the T&C. In addition to the T&C, the supply of any and all services by the Provider to a Client is subject to the Terms of Service which may be viewed here.
ELIGIBILITY
In consideration of your becoming a User, you represent and warrant that:
you are 18 years of age or older;
you have the capacity to form a binding contract;
you are not a person barred from accessing or using the Website under the governing laws of the
T&C; and
your access or use of the Website does not violate any applicable law or regulation.
DESCRIPTION OF THE WEBSITE
The Website provides the following information, content, resources and other material (collectively,
“Website Content“):
various information on the Provider, its products and services, contact details and management
team;
tools for online domain name search and registration;
various submission or request forms for enabling Users to pursue their enquiries with the
Provider;
articles on general topics of interest, including web designing articles;
FAQ section and
for Clients, the Manage My Account section enabling Clients to manage, update and revise their
Account details and/or services purchased by them.
The Website Content may further include other Provider communications such as service announcements and
administrative messages communicated to Registered Users and Clients and are considered part of the
terms of
registration of the Website and service respectively.
Unless explicitly stated otherwise, any new Website Content, features or applications offered or made
available
from time to time by the Provider through or in connection with the Website shall be subject to the
T&C.
WEBSITE ACCESS AND USE
In accessing and using the Website or any Website Content thereof, you expressly acknowledge and agree
that:
the Website is offered, supplied and provided on an “as-is” and “as available” basis, and the
Provider assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any
User communications or personalised settings;
you understand that the Website may include software embodied therein now or in the future
(“Software”) as well as security components that permit digital materials to be protected, and that your
access and use of the Website are subject to Software usage rules set by the Provider and/or owners of
proprietary Software. The Provider makes no warranty that any errors in the Software will be corrected;
you are responsible for obtaining access to the Website and that access may involve third party
fees (such as Internet service provider or airtime charges). You are responsible for those fees and
in addition, you must provide and are responsible for all equipment necessary to access the
Website;
you may not:
forge headers or otherwise manipulate identifiers in order to disguise the origin of any
content or data transmitted through the Website;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users
are able to type, or otherwise act in a manner that negatively affects other Users’ ability to
engage in real time exchanges;
interfere with or disrupt the Website or servers or networks connected to the Website or
disobey any requirements, procedures, policies or regulations of networks connected thereof;
take any action that places an unusually large load on the infrastructure of the
Website, or bandwidth connecting to the Website, or take any action that includes the use of any
data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor
or copy any web pages;
intentionally or unintentionally violate any applicable local, state, national or
international law and
attempt to override or circumvent any of the usage rules embedded into the Software or
those provided herein.
subject to Clause 9, any material downloaded or otherwise obtained through the Website is done
at your own discretion and risk. You will solely be responsible for any damage to your computer system
or loss of data that results from the download of the same.
WEBSITE CONTENT
In viewing the Website Content displayed on the Website, you expressly acknowledge and agree
that:
all Website Content compiled by the Provider and all other information and materials posted on
the Website or communicated to you from time to time by the Provider are provided for guidance or as
reference tools only;
NO advice relating to the subject matter of such Website Content is understood to be given to
you by the Provider;
under no circumstances will the Provider be liable in any way for any Website Content,
including, but not limited to, for any errors or omissions in any Website Content, or for any loss or damage of
any kind incurred as a result of the use of any Website Content posted, emailed, transmitted or
otherwise made available through or in connection with the Website. You are not entitled to rely and/or
act upon such Website Content and/or use them as a basis for any cause of action in law or otherwise;
the Website Content may be subject to change without notice and does not take into account your
objectives, personal or commercial situation, requirements or needs, or any statutory
obligations or requirements which may be required to be observed in your state or jurisdiction;
to the fullest extent of the law, the Provider expressly disclaims all warranties of any kind,
whether express or implied, including, but not limited to any warranty of merchantability, fitness for a
particular purpose or correspondence to particular descriptions in respect of any Website
Content displayed on the Website; and
no advice or information, whether oral or written, obtained by you from the Provider or through
or from the Website shall create any warranty not expressly stated in the T&C.
DATA AND CONTENT INPUT
For the purposes of this Clause, “User Content” means any and all:
any personal information provided by you in a registration, subscription, request or
subscription form (collectively “Registration Data“); and
any other data or materials you upload, post, email, transmit or otherwise make available
through or in connection with the Website.
User Content shall also include any personal or business information provided, revised or updated by a
Client through or in connection with the Client’s Account (“Client Data“).
You expressly acknowledge, agree and warrant that:
you are solely and entirely responsible for your User Content;
all Registration Data or Client Data which is submitted by you to the Provider through or in
connection with the Website is true, accurate and current, and is complete in all
respects;
you shall update any changes to your Registration Data or Client Data as soon as practicable;
and
you shall not upload, post, email, transmit or otherwise make available through or in connection
with the Website or your Account (if applicable) any User Content that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or
otherwise objectionable;
you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under non-disclosure agreements);
infringes any patent, trademark, trade secret, copyright or other proprietary rights of
any party;
comprises unsolicited or unauthorised advertising, promotional materials, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those
areas that are designated for such purpose;
contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment; or
purports to impersonate any other person or entity, including, but not limited to, any
other User, the Provider’s official, employee, consultant, guide, host or any other
representative, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You also expressly acknowledge, agree and warrant that the Provider:
shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or
remove any User Content that is made available by you through or in connection with the Website or your
Account (if applicable); and
may access, preserve, and disclose all User Content if required to do so by law or in a good
faith belief that such access preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce the T&C;
respond to your requests for customer service; and
protect the rights, property, or personal safety of the Website, other Users and/or the public.
You understand that the technical processing and transmission of all User Content submitted or posted
by you may involve:
transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or devices.
The Provider does not claim ownership of any User Content you submit or upload through or in connection
with the Website. However, with respect to such User Content, you hereby agree that you shall grant the
Provider the following worldwide, sub-licensable, perpetual, transferable, royalty free and non-exclusive license
(“License”) to use, distribute, reproduce, modify, adapt, publicly display the said User Content on the Website
(excluding any personal information given by you as part of your Registration Data or Client Data), in whole or in
part, and to incorporate the data or material into any proprietary works of the Provider in any format or
medium now known or later developed for any purposes, including for the purposes of:
providing and promoting specific Website initiatives;
compiling statistical references for improvement of the Website or for use with any other
initiatives, including initiatives by the Provider, any affiliates or any third parties; and
any other commercial or non-commercial ventures of the Provider or such affiliates or third parties.
CLIENT ACCOUNT
As a Client, you will be required to create an Account when services are first purchased by you.
Accordingly, you will be given an Account designation by, and will receive a password from, the Provider.
You expressly acknowledge, agree and warrant that:
you are responsible for maintaining the confidentiality of the Account and is fully responsible
for all activities that occur under the same;
you will keep secure any passwords used with the Account;
except to the extent that any personnel or authorised users of the Client is required to be
informed on a “need to know” basis, you will not reveal to any persons any administration tools contained in
the Account;
you will immediately notify the Provider of any unauthorised use of the Account or passwords or
any other breach of security;
you will ensure that you or your personnel or authorised users accessing the Account will log
out from the same at the end of each session; and
you will ensure that all contact details are kept current and updated at all times. Any
notification affecting the Provider’s services will be made to the contact details kept in the Account.
The Provider shall not be liable for any loss or damage arising from your failure to comply with this Clause.
EXCLUSION OF LIABILITY
You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents,
co-branders or other partners and employees shall not be liable to you for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits,
goodwill, use, data or other intangible losses, even if the Provider has been advised of the possibility of such
damages, resulting from:
the accessing of, or the inability to access, the Website, the use of, or the
inability to use, or the reliance, or the inability to rely, on the Website Content;
unauthorised access to or alteration of any of your transmissions or data,
including any User Content; and
any other matter relating to the Website or Website Content displayed on
the Website or communicated to you.
INDEMNITY
You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any and all claims or demands, liabilities,
damages, losses, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising outof your:
access and use of the Website or any Website Contents thereof;
connection to the Website;
violation of the T&C; or
violation of any rights of another.
PROPRIETARY RIGHTS
All copyright on the Website or embodied in any Website Content displayed on the Website is owned by
the Provider or its proprietary holders, and you are required to abide by all copyright notices contained on
the Website.
Except to the extent otherwise specifically authorised by the Provider and/or the proprietary holders:
you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit,
distribute, perform, display or sell any of, or any portion of, any or all Website Content of the Website,
or create any derivative works thereof, and you may not use any of the Website Content in connection with
any commercial endeavours, whether in whole or in part;
you may only retrieve and display any Website Content on a computer screen, print individual
pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other
storage device connected to a network) solely for your personal use; and
you may not alter the text, graphics, images, audiovisual or any other materials contained on
the Website or embodied in any Website Content.
Any unauthorised reproduction, publication, further distribution or public exhibition of the Website or
all Website Content contained therein, in whole or in part, is strictly prohibited.
In addition, the Website domain name, the Provider’s name, logo, other names and logos of the Provider
as may be created, produced or used from time to time (“Marks”) are trademarks or registered trademarks of the
Provider and its affiliated companies. Without express and written prior permission, you agree not to display or
use in any manner the Marks for any purpose whatsoever.
SPECIAL ADMONITION FOR INTERNATIONAL USE
The Website is provided for the benefit of, and is intended to be viewed by, Users within Australia
only. If you are viewing the Website on a computer outside Australia, you expressly acknowledge, agree and
warrant that:
in choosing to access and use the Website outside Australia, you are solely responsible for
complying with the laws applicable in your jurisdiction;
the Provider shall not incur any liability to you whatsoever with respect to your access and use
of the Website; and
you shall indemnify the Provider against any and all liability the Provider may have in relation
to any third party for any reason whatsoever arising out of your use of the Website.
GENERAL PRACTICES REGARDING USE AND STORAGE
You expressly acknowledge and agree that:
the Provider may establish general practices and limits concerning use of the Website, including
without limitation the maximum number of days and months that any data submitted by you will be retained
by the Website, the maximum amount of information that may be submitted by you and the maximum number
of times and the maximum duration for which you may access any Website Content on the Website or your
Account (where applicable) in a given period of time;
the Provider has no responsibility or liability for the deletion or failure to store any
descriptions, work, portfolio, profile, or other information or communication posted by you, or obtained or
procured from or through the use of the Website; and
the Provider reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO THE WEBSITE, WEBSITE CONTENT AND T&C
The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Website or any part thereof, including the provision of any Website Content, with or
without notice to you. You agree that the Provider shall not be liable to you or to any third party for any such
modification, suspension or discontinuance of the Website or any part thereof.
The Provider reserves the further right to make any amendments to the T&C at any time in its sole
and absolute discretion, with or without notice to you. The most current version of the T&C as posted on
this page shall supersede all previous versions.
It is your responsibility to check regularly to determine whether a new version of the T&C has been
uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the T&C,
then you must immediately stop using the Website.
You agree that the Provider shall not be liable to you or to any third party for any such modification,
suspension or discontinuance of the Website, and/or amendments to the T&C. Your continued use of the
Website after such modifications or amendments shall constitute an acceptance of your agreement to be bound by
the T&C, as amended.
SUSPENSION AND TERMINATION
You agree that the Provider may, under certain circumstances and without prior notice, suspend or
immediately terminate your access to the Website and remove any associated User Content, including any profiles,
works, information or contact details thereof.
Cause for such suspension or termination shall include, but not be limited to:
breaches or violations of the T&C, Privacy Policy and/or any other agreements entered into
between you and the Provider;
requests by law enforcement or other government agencies;
discontinuance of the Website (or any part thereof); and
unexpected technical or security issues or problems.
You agree that all such suspensions or terminations shall be made at the Provider’s sole discretion and
that the Provider shall not be liable to you or any third party for any such suspension or termination.
REFUNDS ON TERMINATION
Provider provides full (100%) refund only if notice of termination is received in 15 calendar days after
the payment and no work has started.
In case of any other refunds requested after the 15 calendar days, Provider reserves the right for a
partial refund (5% Admin fees plus number of hours worked), if and only if Provider’s staff have worked on your
project including but not limited to research, meetings, creation of documentation, layout creation, hosting set
up and phone calls with you.
OFF SITE LINKS
In order to offer increased value to our Users, the Website may provide, or third parties may provide,
links to other Websites or resources, which you may access at your sole discretion.
You understand and acknowledge the Provider has no control over such sites and resources. In this
respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products,
services or other materials on or available from such sites or resources.
You further acknowledge and agree that the Provider shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such site or resource.
EMAIL POLICY
We will not respond unless required to do so by law to any email sent to us which contains threatening,
abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We
reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
All Emails received will be taken to be submitted, where appropriate, for publication, free of charge.
If you wish to negotiate a fee for the publication of your exclusive material you should email us at info@23digital.com.au and
state your name, address and, if applicable, a contact telephone number, in your Email. Your Email should clearly
state that the material contained in the Email has been submitted for the purposes of negotiating a fee for
the publication of that material. It must not be sent to any other email address or to a User or to any
other third party.
We will not disclose any personal information under any circumstances of any staff, employee,
contractor or worker of the Provider and/or the Provider’s associates. Where appropriate we will endeavour to respond
to all Emails within 3 days of receipt, but we cannot and do not guarantee to respond to any Emails. All Emails
will generally be stored for 6 months after which time they will automatically be deleted. Any Email sent to
the incorrect destination is liable to be deleted immediately.
PRIVACY POLICY
The use of any personal data collected from you is subject to our Privacy Policy, which is incorporated
into this T&C by reference.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this T&C, there shall be no third party
beneficiaries to this T&C, and that you may not assign your profile or registration to any other
persons.
NOTICES
If you choose to provide us with a nominated email address, unless you expressly inform us otherwise,
the Provider may communicate with you by providing you with notices regarding updates, changes or additions
to the Website or Services offered through or in connection with the Website.
GOVERNING LAW
This T&C and any obligations arising out of or in relation to the T&C shall be governed by and
construed in accordance with the laws of Victoria.
JURISDICTION
You understand, agree and acknowledge that the courts of Victoria are to have exclusive jurisdiction to
settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual
obligations) which may arise out of or in connection with the T&C and for such purposes irrevocably
submit to the jurisdiction of the aforesaid courts.
ENTIRE AGREEMENT
The T&C constitute the entire agreement between you and the Provider and govern your access and use
of, or purchase through or in connection with, the Website, superseding any prior agreements between you and
the Provider.
You also may be subject to additional terms and conditions that may apply when you use or purchase
certain other services of the Provider, affiliated services, third-party content or third-party software.
WAIVER AND SEVERABILITY OF TERMS
The failure of the Provider to exercise or enforce any right or provision of the T&C shall not
constitute a waiver of such right or provision.
If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavour to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of the T&C remain in full force and effect.
VIOLATIONS AND INFRINGEMENTS
Any violations or infringement of the T&C should promptly be reported by the User by emailing the
Provider at info@23digital.com.au
