WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.allbasesdigital.com.au (the ‘Website’). The Website provides you with an opportunity to browse the various services that have been listed available through the Website (the ‘Services’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
1.2. The Website is operated by Andrew Stevenson (ABN 69 151 339 325). Access to and use of the Website, or any of its associated Products or Services, is provided by Andrew Stevenson. 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.
1.3. Andrew Stevenson reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Andrew Stevenson updates the Terms, it will use reasonable endeavours 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.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Andrew Stevenson in the user interface.
3. Copyright and Intellectual Property
3.1. The Website, the Purchase Services and all of the related products of Andrew Stevenson 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 site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Andrew Stevenson or its contributors.
3.2. Andrew Stevenson retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Andrew Stevenson; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
3.3. You may not, without the prior written permission of Andrew Stevenson and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
4. Privacy
Andrew Stevenson takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Andrew Stevenson’s Privacy Policy, which is available on the Application.
5. General Disclaimer
5.1. You acknowledge that Andrew Stevenson does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.
5.2. Andrew Stevenson will make every effort to ensure a Service is accurately depicted on the Website, however, you acknowledge that the nature of these services may differ from client to client based on the clients individual needs.
5.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.4. Subject to this clause, and to the extent permitted by law:(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and(b) Andrew Stevenson will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.5. Use of the Website, the Purchase Services, and any of the services of Andrew Stevenson is at your own risk. Everything on the Website, the Purchase Services, and the services of Andrew Stevenson, are provided to you on an “as is” and “as available” basis, without warranty of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Andrew Stevenson make any express or implied representation or warranty about its Content or any services or Purchase Services (including the services or Purchase Services of Andrew Stevenson) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related services (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Services;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
6. Limitation of Liability
6.1. Andrew Stevenson’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Andrew Stevenson is the resupply of information or Purchase Services to you.
6.2. You expressly understand and agree that Andrew Stevenson, its affiliates, employees, agents, contributors, third party content providers 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.
6.3. Andrew Stevenson is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Andrew Stevenson, by third parties or by any of the Purchase Services offered by Andrew Stevenson.
7. Termination of Contract
7.1. The Terms will continue to apply until terminated by either you or by Andrew Stevenson as set out below. 7.2. If you want to terminate the Terms, you may do so by:
(a) notifying Andrew Stevenson at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where Andrew Stevenson has made this option available to you.Your notice should be sent, in writing, to Andrew Stevenson via the ‘Contact Us’ link on our homepage.
7.3. Andrew Stevenson may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Andrew Stevenson is required to do so by law;
(c) the partner with whom Andrew Stevenson offered the Purchase Services to you has terminated its relationship with Andrew Stevenson or ceased to offer the Purchase Services to you;
(d) Andrew Stevenson is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by Andrew Stevenson is, in the opinion of Andrew Stevenson, no longer commercially viable.
7.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Andrew Stevenson have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
8. Indemnity
8.1. You agree to indemnify Andrew Stevenson, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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 any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
9. Dispute Resolution
9.1. Compulsory: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).
9.2. Notice: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.
9.3. Resolution:On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:(a) Within 14 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;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed;
(c) 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;
(d) The mediation will be held in Brisbane, Australia.
9.4. ConfidentialAll 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.
9.5. Termination of Mediation:If 14 days 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.
10. Venue and Jurisdiction
The Purchase Services offered by Andrew Stevenson 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, Australia.
11. Governing Law
The Terms are governed by the laws of Queensland, Australia. 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.
12. Independent Legal Advice
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.
13. Severance
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.
Privacy Policy
Last updated: 08/05/20
This following document sets forth the Privacy Policy for the All Bases Digital website, www.allbasesdigital.com.au. All Bases Digital is committed to providing you with the best possible customer service experience. All Bases Digital is bound by the Privacy Act 1988 (Cth), which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to future All Bases Digital customer support features you are required to submit personally identifiable information. This may include but not limited to your name, email address and/or phone number.
Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. All Bases Digital takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Use of your personal information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
Changes to this Privacy Policy
All Bases Digital reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the Site.
Accessing Your Personal Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. All Bases Digital reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
Contacting us
All Bases Digital welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, please contact us by any of the following means during business hours Monday to Friday. Call: (+61) 459 395 984 Post: Attn: Privacy Policy, All Bases Digital, 3/110 Adelaide Street, Carina, QLD 4152, AUSTRALIA E-mail: andrew@allbasesdigital.com.au