Last updated 31 March 2020
Definitions All defined terms in this Agreement have the meaning assigned to them by the Definitions set out herein:
ACN means Australian Company Number, as defined by the Corporations Act 2001 (Cth).
ABN means Australian Business Number, as defined by A New Tax System (Australian Business Number) Act 1999 (Cth).
Client means an entity or person acting in their own capacity or on behalf of and with the authority of an account holder of the Digital8 website, requesting Services. If an Client is requesting Services on behalf of their business, employer, or other organisation, then the Client is taken to have been duly authorised to act on behalf of their employer or that entity, and this Agreement will be binding on that person or entity as well.
Contractor means any person or entity proposing to complete the Services upon instruction of the Client.
Contract of Service means the agreement between the Parties for the Provision of Services referred to in Clause 7 of this Agreement, but shall also include any agreement between the Parties for the provision of the Services which has come into being as a result of use of the Digital8 Website.
Confidential Information means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, User information (including Personal Information), and pricing details.
Cookies means small files which are stored on a user’s computer. They are designed to hold a data (including Personal Information) specific to a particular User and website and can be accessed either by the web server or the User’s computer.
Default means that a party is in breach of these Terms and Conditions.
Digital8 means Digital8 Holding Co Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Digital8.
Parties means any Contractor or End User.
Personal Information means information that could be used to identify a person, including but not limited to name, address, date of birth, occupation, driver’s license details, electronic contact details (such as email, Facebook, LinkedIn or Twitter details), and other contact information (where applicable), and Cookies. For the avoidance of doubt, an ABN or ACN is not Personal Information, but may be Confidential Information.
Profile Information means some Personal Information which will be provided by a User in setting up an account on the Digital8 Website, but will not include Confidential Information, or information, including but not limited to, the User’s date of birth, driver’s license details, alternative contact details, financial account details, etc.
Services means the work completed by a Contractor at the request of a Client including but not limited to a project, assignment, job, task, work, or requirement for some other kind of service, and includes any Variations.
User means any user of the Digital8 Website, which may include the Contractor, Client, or any other person.
Variations means any variations to the Services agreed to between the Parties, in accordance with the Contract of Service.
Website means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical user interface.
- Digital8 reserves the right to change any of the Terms and Conditions displayed on this Website (including this Agreement and the Digital8 Privacy) at any time by making them available on the Digital8 Website. By continuing to use this Website it shall be deemed that any User agrees to be bound by the amended terms and conditions as posted on this Website.
- Digital8 makes no representation that Services offered through this Website are appropriate, available or suitable. Digital8 does not provide the Website on any other basis than “as is”, and does so without any warranty or condition, express or implied. To the extent permitted by law, Digital8 specifically disclaims any implied warranties of title, fitness for a particular purpose, and non-infringement.
- If a User intends to transact through this Website (i.e purchase or provide Services) then that User or party agrees and warrants that:
- the User is least 18 years of age;
- the User has the power to enter into this Agreement on behalf of themselves or any natural person or other entity they represent; and
- this Agreement creates binding and valid legal obligations upon the User.
- When making a transaction through this Website, User’s information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that User’s information can not be read by or altered by outside influences.
- Digital8 may collect Personal Information and Confidential Information supplied by Users when a User completes an online form or creates an account to access the Services. Such information will enable Digital8 to process User’s transactions efficiently, analyse Digital8’s Website effectiveness, and enable Digital8 to provide a higher level of customer service (which may include informative or promotional activities).
- Digital8 may also collect the following information/tracking data from Users for statistical purposes; to help Digital8 understand how to make the Digital8 Website more available and user friendly for Users; and to measure the success of any advertising activities Digital8 may undertake:
- IP address;
- the date and time of the User’s visit to the Website;
- clicks and activity on the Website;
- the details of any referring website, if any, which the user clicked to reach the Digital8 Website; and
- technical information on a User’s browser, device and operating systems.
- Digital8 will only release information about Users if:
- Digital8 is authorised to;
- required by law; or
- where required in order for Digital8 to facilitate the provision of Services to Users.
- Digital8 will only release information about Users if:
Where information is supplied to any third parties, the information provided will only be sufficient for the third party to perform their services.
- Digital8 will not release User’s information for any purpose which Users could reasonably expect Digital8 not to release the information.
- Under the Privacy Act legislation, Users can request any information Digital8 may hold about them, and also have the right to have any inaccuracies in the same corrected by Digital8. Digital8 will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of User’s request. Digital8 may ask a User to verify their identity before disclosing or altering any information.
- Users may also have the following data protection rights.
- To access, correct, update or request deletion of Personal Information. Digital8 will take all reasonable steps to ensure that the data Digital8 collects is reliable for its intended use, accurate, complete and up to date.
- If Personal Information or Confidential Information is collected or processed on the basis of consent, the User can withdraw their consent at any time. A User withdrawing their consent will not affect the lawfulness of any processing Digital8 conducted prior to the User’s withdrawal, nor will it affect processing of the User’s Personal Information or Confidential Information conducted in reliance on lawful processing grounds other than consent.
- To complain to a data protection authority about the collection and use of Personal Information and Confidential Information. For more information, please contact your local data protection authority.
- Digital8 and their partners may use various technologies to collect and store information when Users use this Website, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. These web beacons track certain behaviour such as whether the email sent through the Website was delivered and opened and whether links within the email were clicked. They also allow Digital8 to collect information such as:
- the recipient’s IP address, browser, email client type and other similar details;
- tracking of Website usage and traffic; and
- reports made available when Digital8 sends an email to a User, so Digital8 may collect and review that information.
These cookies do not read a User’s hard drive but may be stored on a User’s hard drive to enable Digital8’s Website to recognise a User when they access it.
- If at any time a User is on a mailing list of Digital8, then the User may request to be removed from the same and Digital8 will comply with their request. If there is no unsubscribe button provided, then please contact us with your request using the “Contact Us” section of this Website.
- The contents of this Website are at all times the copyright or trademark property of Digital8, or Digital8’s affiliated third parties, and Users may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Digital8 or their affiliated third parties (each as applicable). Users agree to indemnify Digital8 against any claims, costs, damages or losses incurred by Digital8 should they breach this clause.
- The display on Digital8’s Website of any advertiser or the provision of a link to third party Websites does not constitute Digital8’s endorsement of either the advertiser or third-party provider or any of their Website content or business practices. Digital8 does not have any control of the content of any third party Websites, access to such Websites is at a User’s sole risk, and Digital8 recommends that Users thoroughly review the terms and conditions of use and the privacy policies of any third party Website immediately once they access such a Website.
- Specifications and information provided on this Website are given in good faith based on Digital8’s knowledge, experience, or information provided to Digital8, or derived from sources believed to be accurate at the time the information is received by Digital8. Users with concerns about the Services provided through this Website, or their suitability for a particular use may contact Digital8, or should seek further professional opinions.
- Due to the inherent nature of Websites, Digital8 does not guarantee uninterrupted or continuous availability of this Website, and Users accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able, Digital8 shall give Users advanced warning of the same. Digital8 shall accept no liability in relation to Website downtime, whether scheduled or otherwise.
- These terms, and a User’s access to the Website, may be terminated by Digital8 (at Digital8’s sole discretion) at any time without notice or any requirement to give an explanation to a User. In the event of termination under this clause, Digital8 shall have no liability whatsoever (including for any consequential or direct loss a User may suffer).
- This Website (excluding any linked third-party sites) is controlled by Digital8 from their principal business premises in Australia. Digital8’s servers are located in Queensland, so User’s information may be transferred to, stored, or processed in Queensland. User’s information can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from Australia, by accessing this Website, the User agrees that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or their use of this Website, irrespective of any conflict with any laws and statutes applicable to their country of domicile.
- Digital8 may use cloud technology to store or process Personal Information and Confidential Information, which may result in storage of data outside Australia. It is not practicable for Digital8 to specify in advance which country will have jurisdiction over this type of offshore activity. Digital8 will be required to comply with the Privacy Act in relation to the transfer or storage of Personal Information or Confidential Information overseas.
- Users acknowledge and agree that the filing of a claim against Digital8 (if any) must be made in the State of Queensland in the Court jurisdiction in which Digital8’s principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English.
- Accessing any material or content from or through this Website which is illegal in a User’s country of domicile is strictly prohibited.
- The User further agrees that:
- 17.1.The failure by either contracting party to enforce any provision of this Agreement shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.
- 17.2.If any provision of this Agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- 17.3.Digital8 shall be under no liability whatsoever to Users for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by Users arising out of a Default by Digital8 of this Agreement.
- 17.4.Feedback is provided for the purpose of facilitating the provision of services between Users on the Digital8 Website. Users that use this feature agree that:
- feedback provided by Users on other parties must not contain offensive, defamatory, retaliatory or inappropriate language or content. Digital8 may remove any feedback that is considered to be offensive, defamatory, retaliatory or inappropriate without notice;
- Users may only give feedback that relates to a specific transaction. Users must not post feedback on a transaction that does not relate to that specific transaction; and
- Users must not post feedback about themselves, or include any contact details or Personal Information or Confidential Information in their feedback.
- Neither party shall be liable for any Default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
- If a User has any questions or comments, or if they have a concern about the way in which Digital8 has handled any privacy matter, they may contact Digital8 by using the ‘Contact Us’ details on the Digital8 website.