Terms of Use

Last Updated: January 2025

Acceptance of Terms

By accessing and using the Macarthur Digital website located at macarthurdigital.com.au (the "Website"), you accept and agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use our Website.

These Terms of Use constitute a legally binding agreement between you and Macarthur Digital ("we", "us", or "our"). We reserve the right to modify these terms at any time, and such modifications will be effective immediately upon posting on the Website.

Use of Website

You may use our Website for lawful purposes only. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate Macarthur Digital, a Macarthur Digital employee, another user, or any other person or entity
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website

Intellectual Property Rights

The Website and its original content, features, and functionality are owned by Macarthur Digital and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use

If you wish to make any use of material on the Website other than that set out in this section, please address your request to us via our contact form.

User Accounts and Information

When you submit information through our contact form, you agree to provide accurate, current, and complete information. You are responsible for safeguarding any information you provide and for all activities that occur under your account.

We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

Prohibited Uses

You may not use our Website:

  • In any way that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website
  • To attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website
  • To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose
  • To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • To attack the Website via a denial-of-service attack or a distributed denial-of-service attack

Disclaimer of Warranties

The information on this Website is provided on an "as is" basis. To the fullest extent permitted by law, Macarthur Digital:

  • Excludes all representations and warranties relating to this Website and its contents
  • Excludes all liability for damages arising out of or in connection with your use of this Website
  • Does not warrant that the Website will be available, uninterrupted, secure, or error-free
  • Does not warrant that the Website or its server are free of viruses or other harmful components

This disclaimer does not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Limitation of Liability

To the fullest extent permitted by applicable law, Macarthur Digital, its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Your use or inability to use the Website
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from the Website
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website

Our total liability to you for all claims arising from or related to the use of the Website shall not exceed the amount you paid to us, if any, for accessing the Website, or AUD $100, whichever is greater.

Indemnification

You agree to defend, indemnify, and hold harmless Macarthur Digital, its directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.

Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

You agree to submit to the exclusive jurisdiction of the courts located in New South Wales, Australia, for the resolution of any disputes arising out of or relating to these Terms of Use or your use of the Website.

Dispute Resolution

If you have any concerns or disputes about the Website or these Terms of Use, you agree to first contact us to seek an informal resolution. If we cannot resolve the dispute informally, you agree to submit the dispute to binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA), or as otherwise agreed between the parties.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief from any court of competent jurisdiction to protect our intellectual property rights.

Severability

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms.

Contact Information

If you have any questions about these Terms of Use, please contact us:

Macarthur Digital

Macarthur region, Sydney, NSW, Australia

Via our contact form at: macarthurdigital.com.au