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Terms & Conditions

Please read these terms and conditions carefully before using this website.

Ownership

This website, <http://fletchdigital.com.au/> and its content (“Website”) is owned by T.L AUSTIN & A.P TERRY ABN 25 636 156 490 trading as Fletch Digital (“us, our or we”).

Acceptance

Your use of this Website constitutes your agreement to be bound by these terms and conditions and all other terms, conditions and disclaimers on the Website (the “Terms and Conditions”).  By continuing to use this Website, you agree to be bound by the Terms and Conditions.  If you do not agree to the Terms and Conditions, you must stop using the Website immediately.

We may vary, add, change or delete any part of the Terms and Conditions, or the Website, at any time, and for any reason without prior notification to you, and we will not be liable in any way for possible consequences of such changes. You are responsible for reviewing all information provided on this Website including these Terms and Conditions each time prior to using this Website.

Use of Website

You must comply with all laws in connection with your use of this Website. You must not do any of the following:

  • Data mine or conduct automated searches on this Website;
  • Transmit any virus or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information available through this Website:
  • Use this Website or any information made available through this Website to send unsolicited emails or other messages without our prior consent
  • Use of any automatic device or manual process to monitor or copy any part of the Website;
  • Incorporate any of the content on this Website with any other material, including advertising or promotional material;
  • Create links from this Website to any other website on the internet, or frame or mirror this Website; or
  • Tamper with or make unauthorised modifications to this Website or the content of this Website.

Third Party Content and Links

This section applies to any person or business that may from time to time collaborate with us, provide testimonials or otherwise contribute or consent to their information or content being published on this Website.

We may from time to time interview you, obtain your image and your business trade marks for the purposes of informing potential clients about your experience with our products/services, your products or services and/or to promote or advertise either your or our products and services on the Website and on our social media pages. We only engage in these activities with your prior consent.

Your Content

You may from time to time provide us with your content including photographs or recordings including of your voice or image, your business logo, profile, promotional material, or other information about you and your business, your products or services. Such content may also include but not be limited to, comments, articles, papers, designs, artwork, blogs and event listings (collectively all of the content referred to in this paragraph is herein referred to as “your content”).

Subject to the rights and licence under these Terms and Conditions and unless agreed otherwise, you retain all right, title and interest in your content. This means that copyright in your content will remain with you and that you can continue to use the material in any way, including allowing others to use it. By submitting your content to us, you automatically grant to us a worldwide, fully-paid, royalty-free, non-exclusive, fully sub-licensable, and transferable right and licence to use, reproduce and distribute your content (in whole or in part) as we, in our sole discretion, deem appropriate (acting reasonably). We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in your content.

You acknowledge and accept that your content may be published on the Website or on any of our social media pages or any other media (electronic or print). We have the right to edit, alter, delete, move or share any material, such as images, profiles, event listings, articles, blogs or comments submitted via or for upload onto the Website. We may review your content before publishing it or reproducing it and we reserve the right in our sole discretion, to reject any of your content (in whole or part) which we deem inappropriate.

We reserve the right to display advertisements in connection with your content and to use your content for advertising and promotional purposes.

You warrant that all content that you post, upload or provide to us:

  • is complete, factual, up to date and accurate;
  • does not contravene any law, regulations, industry codes or policies and in particular, does not infringe any third party right or any intellectual property right (and that you have the right to reproduce, distribute or otherwise use your content for the purposes set out in these Terms and Conditions and as otherwise agreed to between you and us);
  • is not of a nature that may directly or indirectly affect us, our Personnel or our other contributor’s reputations or bring us, our Personnel or our other contributors into disrepute.

If any of your content becomes out of date, is incorrect or inaccurate, or no longer complies with these Terms and Conditions, you must immediately notify us.

Disclaimer and Exclusion of Warranties and Guarantees

No Warranty or Guarantee:  You use this Website at your own risk.  To the extent permitted by law, this Website is provided to you on an “as is” and “as available” basis without guarantee or warranty of any kind express or implied.  To the extent permitted by law we exclude any express or implied warranties or guarantees under statute or general law in connection with this Website and any associated goods or services.

Content Disclaimer:  Information on this Website is compiled from various sources.  Accordingly, we warn you that information on this Website may not be true, accurate, up-to-date, complete and not misleading.  We do not invite reliance upon and does not accept responsibility, or liability for information provided within or associated with, this Website.

Third Party Information:  This Website contains third-party information and links to other websites as a convenience to you.  We do not control, endorse, check or approve third party information or content or information or content on linked websites.  A link to another website does not imply any endorsement of that website or its products or services.

No Guarantee of Uninterrupted or Fault Free Use:  You acknowledge that access to this Website may be interfered with or affected by numerous factors, many of which are outside our control (including, without limitation malfunction in equipment or software, internet access difficulties or delay or failure in transmission).  Your access to this Website may not be continuous, uninterrupted, timely, secure, fault free or virus free.  You should ensure that your computer software and systems are protected against viruses and any other damage they might sustain as a result of using this Website.

Release

You unconditionally release us, our directors, employers and agents from all liabilities, actions, demanding loss, damage, costs and expenses (including legal costs on a full indemnity basis)  incurred or suffered by you directly or indirectly in connection with your access to, or use of, this Website.

Indemnity

You are liable for and indemnify us and our directors, employees and agents against all actions, demands, liabilities, loss, damage, cost or expenses (including legal costs on a full indemnity basis) incurred or suffered by us or our directors, employees and agents directly or indirectly in connection with: (a) your use of this Website; (b) any information you post or permit to be displayed on this Website; or (c) your breach of these Terms and Conditions.

Liability for your Third Parties

You are responsible for the acts and omissions of your employees, contractors and agents as if they were your own acts or omissions.

Intellectual Property

© 2016-2017. T.L AUSTIN & A.P TERRY trading as Fletch Digital – All rights reserved.

We own or are a licensee of all copyright and other intellectual property in this Website and its content (including, without limitation all information, text, graphic, software, advertisements and trade marks (if any) on this Website (the “Content”).  You must not modify, copy, reproduce, republish, frame or create derivative works, upload a third party, post, transmit or distribute the Content in any way except for your own personal, non-commercial, use, information, research or study (but only if you keep all Content intact and in the same form as presented on the Website).

Fletch Digital™ is a trade mark and registered business name of T.L AUSTIN & A.P TERRY trading as Fletch Digital.

All trade marks appearing on this Website are the property of their respective owners.

Privacy Statement

We comply with applicable Australian privacy laws. We do not collect your personal information to on-sell to third parties for marketing purposes.

If you have any questions or concerns regarding your personal information, please contact us: hello@fletchdigital.com.au.

Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties hereto with respect to the subject matter hereof. Notwithstanding, these Terms and Conditions may be amended by us from time to time without notice to you.

Governing Law

These Terms and Conditions are governed by the laws of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of Victoria, Australia.

Enforceability and Legality

Any provision of, or the application of any provision of, these Terms and Conditions which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

Any provision of, or the application of any provision of, these Terms and Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.