Terms & Conditions
Effective: 24 July 2019
1.1 These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
2.1 We shall use reasonable endeavours to supply the Services in accordance with your Contract until the Service is terminated. We shall not be liable for any delay or failure to perform our obligations under this Contract if such delay or failure is due to termination of access to a Service by the end supplier of the Service or as a result of a change to the conditions of supply by that supplier.
2.2 Monthly contracts will roll on a monthly basis without notice to you. Unless the Service Terms state otherwise, fixed term contract Services (other than a month-to-month contract) will automatically roll over for a further fixed term of the same length on the date notified to you by our reminder notice. If a fixed term contract is not renewed for a further fixed term, it will roll over on a monthly basis.
2.3 If your fixed term contract Service is to be auto-renewed, we will notify you of, and provide you the ability to cancel the impending auto-renewal. You must advise us prior to the auto-renewal date if you wish to cancel the Service. If we do not receive your cancellation or "do not renew" advice in time, we will auto-renew the Service to ensure it continues uninterrupted.
2.4 Nothing in the Contract transfers to either party any intellectual property rights ("IPR") owned by the other party existing prior to the commencement of the Services. All IPR in the materials produced by us in connection with the Services (including websites, designs, information, reports and data) other than your pre-existing IPR, are and will remain owned by us. We grant you a perpetual, irrevocable, non-exclusive, royalty-free licence to use those materials for the purpose of using our Services only.
3.1 Unless otherwise stated, Diddle Web Design and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
3.2 You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
4.1 You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
4.2 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
4.3 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Diddle Web Design’s express written consent.
4.4 You must not use this website to transmit or send unsolicited commercial communications.
4.5 You must not use this website for any purposes related to marketing without Diddle Web Design’s express written consent.
5.1 You must keep all login details to The Console secure and confidential at all times and must not disclose them to anyone else (except those of your employees who need to know them for the purposes of their employment).
5.2 You agree that you are totally responsible for all actions of the people (if any) to whom you provide your login details (whether knowingly or not, and whether directly or indirectly) while they obtain access to our systems using those login details, and that we are entitled to treat instructions provided by those people through such access as instructions originating from you.
5.3 You must notify us immediately of any breach of security or unauthorised use of your login details to access our systems. We will not be liable for any loss you incur due to any unauthorised use of your login details.
5.4 You consent to our use of your login details in provisioning the Services, including in respect of any migration or transition of your account, content or data (to or from any suppliers we use) as reasonably necessary for the continued provision of the Services.
6.1 In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
6.2 You grant to Diddle Web Design a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Diddle Web Design the right to sub-license these rights, and the right to bring an action for infringement of these rights.
6.3 Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Diddle Web Design or a third party (in each case under any applicable law).
6.4 You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
6.5 Diddle Web Design reserves the right to edit or remove any material submitted to this website, or stored on Diddle Web Design servers, or hosted or published upon this website.
7.1 Payment for Products or Subscriptions purchased from Diddle Web Design via this web site can be made by VISA or MasterCard credit cards or PayPal. Diddle Web Design uses a third party payment gateway(s) (Stripe, PayPal) that handles all credit card information securely. We undertake to safeguard your financial and personal information and automatically encrypt all sensitive information sent between your computer and our servers. Your personal information is protected by SSL (secure sockets layer encryption technology) with the highest level of encryption commercially available to ensure that your transaction is safe and secure.
7.2 Monthly, quarterly or bi-annual fees are not refundable if your Service is terminated part way through a payment period. Each time we charge a transaction, we will provide you with a receipt of the payment. We require 3 business days’ notice prior to your next billing date to avoid charging you at that next billing date. If you elect to cancel a payment method, we will then, subsequent to the expiry of the notice period, provide a cancellation or refund confirmation within 3 business days.
7.3 Without prejudice to our other rights and remedies under this agreement, if any Services fees are not paid on or before their due date, we reserve the right, immediately and at our sole discretion, to suspend the provision of Services to you until such payment is made (including late payment fee of $15.00 AUD).
7.4 If we have taken action to recover overdue amounts from you, any reasonable costs incurred by us in recovering the debt, including but not limited to any legal expenses and collection agency charges, will be recoverable from you.
7.5 Either party must give at least 14 days notice to the other party before termination. This contract may only be terminated after all outstanding invoices have been paid in full.
8.1 This website is provided “as is” without any representations or warranties, express or implied. Diddle Web Design makes no representations or warranties in relation to this website or the information and materials provided on this website.
8.2 Without prejudice to the generality of the foregoing paragraph, Diddle Web Design does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
8.3 Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
9.1 Diddle Web Design will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
9.2 These limitations of liability apply even if Diddle Web Design has been expressly advised of the potential loss.
10.1 Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Diddle Web Design liability in respect of any:
- death or personal injury caused by Diddle Web Design negligence;
- fraud or fraudulent misrepresentation on the part of Diddle Web Design; or
- matter which it would be illegal or unlawful for Diddle Web Design to exclude or limit, or to attempt or purport to exclude or limit, its liability.
11.1 By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
11.2 If you do not think they are reasonable, you must not use this website.
12.1 You accept that, as a limited liability entity, Diddle Web Design has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Diddle Web Design’s officers or employees in respect of any losses you suffer in connection with the website.
12.2 Without prejudice to the foregoing paragraph,you agree that the limitations of warranties and liability set out in this website disclaimer will protect Diddle Web Design’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Diddle Web Design.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Diddle Web Design and undertake to keep Diddle Web Design indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Diddle Web Design to a third party in settlement of a claim or dispute on the advice of Diddle Web Design’s legal advisers) incurred or suffered by Diddle Web Design arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Without prejudice to Diddle Web Design other rights under these terms and conditions, if you breach these terms and conditions in any way, Diddle Web Design may take such action as Diddle Web Design deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Diddle Web Design may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
You acknowledge and accept that a third party supplier may be used to provide the Service to you and we may change this supplier at any time in our sole discretion. Should a change in supplier occur, you acknowledge and agree that we have full authorisation to move, alter or delete your data as reasonably necessary.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Diddle Web Design in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
These terms and conditions will be governed by and construed in accordance with Australian Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Australia.