Terms and conditions of use


In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You”, “Your” and “User” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “The Provider”, “Ourselves”, “Our”, “We” and "Us", refers to our Company. “Website” and “Site” refers to our Company’s Website and pages therein. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. Your use of this Website constitutes your agreement to follow these rules and to be bound by them. By using or visiting the Site, you expressly agree to be bound by these Terms and Conditions. If you are dissatisfied with this Website or any content on the Site, or with these Terms and Conditions, your sole and exclusive option is to discontinue to use the Website.

Privacy Statement
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider. Client records are regarded as confidential and therefore will not be divulged to any third party, other than for the purpose of product delivery (e.g., name and address) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

We do not collect or use Personal Information (as described below) about you except as discussed in this Privacy Statement. Those purposes include tracking the number and kinds of visitors to the website, analyzing the performance of the website and tracking customer preferences as well as for internal marketing purposes as described more fully below. If you have requested information about our company or our products, we will use your Personal Information to respond and follow-up on such requests. Although it may be necessary for you to provide Personal Information to us to take advantage of certain features of this Site, we will not use your Personal Information to send you promotional materials (except in response to your specific requests) or otherwise use or disclose your information to anybody (except as already disclosed) unless you affirmatively indicate that you would like to receive future promotional materials regarding Dig It Up products and services at the time you provide Personal Information. As used in this Privacy Statement, "Personal Information" includes one or more of the following types of information: name, company name, phone number, e-mail address, post code, and similar unique, personal information that could identify you. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you provide to us for purchasing of our products or services.

Disclaimer
Your use of this Website is at your own risk. The material, including specifications, products, and prices of products, in this Website could include technical inaccuracies or other errors and are subject to change at any time without notice. Weights, measures, and descriptions are approximate and are provided for your convenience only. Your use and browsing of the Website is at your own risk and we make no representation as to the completeness, usefulness, reliability, and accuracies of any information for any product.

Exclusions and Limitations
The information on this Website is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. All content, information supplied, and opinions should be regarded as general advice only. The Provider shall not be liable for any damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, or products sold, even if Provider is expressly advised thereof, or should have known of the possibility of such damages.

Disclaimer and limitation of liability as to products sold
All products sold on this Website are guaranteed against defects for 15 days from the date of the invoice. Except as expressly stated herein, We make no representations or warranties, either express or implied, of any other kind with respect to products sold on this Site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to the Company arising from any product sold on the Company’s Sites shall be the price of the product ordered. In no event shall Dig It Up Australia, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.

Limited License to General Users
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.

Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Availability
Unless otherwise stated, the services featured on this Website are only available within Australia, or in relation to postings from Australia. All advertising is intended solely for the Australian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this Site. Redistribution or republication of any part of this Site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this Site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Links to this Website
You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this Website
We do not monitor or review the content of other party’s websites which are linked to from this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of those sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this Site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this Website. This Company’s logo is a registered trademark of this Company in Australia and other countries. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks of Dig It Up Australia, Dig It Up, or third party owners. Nothing contained on this Web Site implies the right to use any trademark, trade names, service marks or logos displayed on this Website without the written permission of Dig It Up Australia, Dig It Up, or the appropriate third party owner(s).

Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General
The laws of Australia govern these terms and conditions. By accessing this Website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the Site will signify your acceptance of any adjustment to these terms. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this Website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.