Welcome to e-digital.com.au (the ‘Website’). The Website allows you to access and use Social Media Promotions (FB, Insta, LinkedIn, Twitter, Tik Tok, GMB), Create a website, Email Marketing, SMS, WhatsApp, SEO, and all other Digital Marketing, (the ‘Services’).
The Website is operated by E-DIGITAL MARKETING AGENCY PTY LTD, ACN/ABN 97158260863. Access to and use of the Website, or any of its associated Products or Services, is provided by E-DIGITAL MARKETING AGENCY PTY LTD. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
E-DIGITAL MARKETING AGENCY PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When E-DIGITAL MARKETING AGENCY PTY LTD updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.
The Website, the Services and all of the related products of E-DIGITAL MARKETING AGENCY PTY LTD are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by E-DIGITAL MARKETING AGENCY PTY LTD or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by E-DIGITAL MARKETING AGENCY PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to: use the Website pursuant to the Terms; copy and store the Website and the material contained in the Website in your device’s cache memory; print pages from the Website for your own personal and non-commercial use.
E-DIGITAL MARKETING AGENCY PTY LTD does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by E-DIGITAL.COM.
E-DIGITAL MARKETING AGENCY PTY LTD will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of E-DIGITAL MARKETING AGENCY PTY LTD makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).
E-DIGITAL MARKETING AGENCY 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 E-DIGITAL MARKETING AGENCY 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.
The Terms will continue to apply until terminated by either you or by E-DIGITAL MARKETING AGENCY PTY LTD as set out below.
If you want to terminate the Terms, you may do so by:
Not renewing the Subscription prior to the end of the Subscription Period; providing E-DIGITAL MARKETING AGENCY PTY LTD with 30 days’ notice of your intention to terminate; and closing your accounts for all of the services which you use, where E-DIGITAL MARKETING AGENCY PTY LTD has made this option available to you
Any notices pursuant to Clause 13.2 above should be sent, in writing, to E-DIGITAL MARKETING AGENCY PTY LTD via the ‘Contact Us’ link on our homepage.
E-DIGITAL MARKETING AGENCY PTY LTD may at any time, terminate the Terms with you if: you do not renew the Subscription at the end of the Subscription Period; you have breached any provision of the Terms or intend to breach any provision;
E-DIGITAL MARKETING AGENCY PTY LTD is required to do so by law;
the provision of the Services to you by E-DIGITAL MARKETING AGENCY PTY LTD is, in the opinion of E-DIGITAL MARKETING AGENCY PTY LTD, no longer commercially viable.
Subject to local applicable laws, E-DIGITAL MARKETING AGENCY PTY LTD reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts E-DIGITAL MARKETING AGENCY PTY LTD’s name or reputation or violates the rights of those of another party.
You agree to indemnify E-DIGITAL MARKETING AGENCY PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must: Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must request that an appropriate mediator be appointed by the a. www.amr.asn.au
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
The mediation will be held in Brisbane, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
If 28 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
The Services offered by E-DIGITAL MARKETING AGENCY 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.
The Terms are governed by the laws of Queensland. 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.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
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.
