Terms of use

IMPORTANT – READ CAREFULLY

Welcome to 8digital.co / 8digitalmarketing.com.au / 8digital.marketing websites, owned by 8 Digital Marketing (ABN: 72362622752), hereinafter called the “websites”. We maintain these websites as a service to our visitors in reviewing their digital marketing. By using our websites, you are agreeing to comply with and be bound by the following terms of use, which together with our privacy policy govern 8 Digital Marketing’s (in short 8Digital) relationship with you in relation to the Websites services and associated materials.

Please review the following Terms of Use carefully. If you do not agree to the Terms of Use, you must not accept this Agreement and may not use or view the Websites and Services provided.

1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) in respect to using the Websites. This Agreement constitutes the entire and only agreement between you, and us and supersedes any prior agreements, representations, warranties and understandings with respect to the Websites, the content, products, Services and associated materials provided by or through the Websites, and the subject matter of this Agreement. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Websites, and you should review this Agreement available prior to using the Websites.

2. Intellectual Property, Limited License to Users and Personal Information

By using our Websites, you are agreeing that we may approach you after completion of any survey or review tool which are part of the Websites from 8Digital, for the purpose of quality improvement of the Websites. You also agree that we may collect data (which is de-identified) about the number of surveys and assessments completed, together with information regarding the size of organisation and type of organisation. This information will only be used to gauge participation, and which will not be disclosed outside of 8Digital, except where permitted or required by law.

Copyright, patent, trademark, and/or other intellectual property laws protect the materials on the Websites, as well as their selection and arrangement, and any unauthorized use of the Websites or associated materials may violate such laws and Terms of Use. Except as previously provided herein, 8Digital Marketing does not grant any express or implied rights to use the Websites and associated materials.

You agree not to copy, reproduce, republish, translate, adapt, frame, modify, rent, loan, lease, sell, assign, distribute, license, sub-license, reverse engineer, or create works based on the Websites or associated materials, or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Websites.

3. No Unlawful or Prohibited Use

As a condition of your use of the Services on the Websites, you will not use the Websites for any purpose that is unlawful or prohibited by these terms, condition and notices. You may not use the Websites in a manner that could damage, burden, disable or impair our server or any connected networking servers, or interfere with any other parties use of the Websites and associated materials.

4. Copyright and Trademark

The Websites 8digital.co, 8digital.marketing and 8digitalmarketing.com.au are the exclusive property of 8 Digital Marketing. The Websites, including all concepts, know-how, and specifications are proprietary products of 8Digital Marketing and are protected worldwide by copyright rights. The Websites may not, in whole or in any part, be copied, reproduced, transmitted, translated (into any language, natural or computer, stored in a retrieval system, reduced to any electronic medium or machine-readable format, or by any other form or means without prior consent, in writing, from 8Digital. You do not acquire any ownership rights to the Websites and associated materials viewed through the Websites.

5. Editing, Deleting or Modifying

We reserve the right in our sole discretion to improve, edit or delete documents, parts of the Websites, information or other content appearing on the Websites.

6. Indemnification

You agree to indemnify, defend and hold us and our partners, legal support, staff and affiliates, harmless from loss, liability, claim and expense, related to your violation of this Agreement or use of the Websites.

7. Non-Transferable

Your right to use this Websites is not transferable, any password or right given to you to use the Websites and associated materials is not transferable.

8. Warranty, Disclaimer and Copyright
8.1 Warranty

By using the Websites, you accept responsibility for your organisations digital marketing, quality improvement and change management, which is not a function of 8Digital. 8Digital expressly disclaims any warranty for the Websites, and associated materials. The Websites and associated materials are provided “as is” without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. 8Digital does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Websites. 8Digital makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer programs. 8Digital further expressly disclaims any warranty or representation to authorized users or to any third party.

8.2 Disclaimer: 8digital.co and 8digitalmarketing.com.au

The information provided on the Websites provides only a general summary of the subject matter covered. 8Digital makes every attempt to ensure the material provided on its Websites is accurate, current and complete it should be considered carefully to evaluate its relevance to your purposes. 8Digital is not liable for any error or omission on its Websites or for any loss or damage incurred by reliance on the information or advice provided on these pages.

The Websites contains links to other external Websites which are not under the control of 8Digital. We have no control over the nature, content and availability of those Websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the Websites active and running smoothly. However, 8Digital takes no responsibility for, and will not be liable for, the Websites being temporarily unavailable due to technical issues which may be beyond our control.

8.3 Copyright of 8Digital’s Websites

© 8Digital
Without specific permission in writing by 8Digital, the content may not be copied. Requests and inquiries concerning reproduction and rights should be addressed to 8Digital, 108 St Georges Terrace, Level 25, WA 6000 AUSTRALIA or you can email 8Digital at [email protected]
Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved.

9. Links to Third Party Websites

From time to time the Websites may include links to other Websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Websites and have no responsibility for the content of the linked Websites. 8Digital is not responsible for data imported from others.
You may not create a link to the Websites from another Websites or document without 8Digital’s prior written consent.

10. Privacy Policy

Our Privacy Policy, as it may change from time to time, forms part of this Agreement.

11. Press Release and Information

The Websites may from time to time contain information and press releases about 8Digital. While this information is believed to be accurate as of the date prepared, we disclaim any responsibility or duty to update this information or any press releases. Information about companies contained in the press release or other information, should not be relied upon as being provided or endorsed by us.

12. Liability of 8Digital

8Digital will not be liable for any consequential, incidental, special or indirect loss or damage which may be incurred or suffered by you in respect of the Websites, including, without limitation, any damage to hardware or software, business interruption, any loss of data, time, goodwill, profits or savings which may arise from the use, operation of failed use of the Websites or from delays, errors, omissions or interruptions in the Websites and access to associated materials.

8Digital does not warrant that the Services will be uninterrupted or error-free or that it will meet your requirements.

13. Governing Law and Jurisdiction

The laws of Western Australia and the Commonwealth of Australia govern this Agreement. 8Digital makes no representations that the content of the Websites complies with the laws of any country outside Australia. If you do access the Websites from outside Australia, then you do so at your own risk.

14. Notices

Notices under this Terms of Use Agreement may be delivered by hand or mail to:
8 Digital Marketing
16 The Strand
Bayswater 
WA 6053
AUSTRALIA

This Term of Use Agreement was last updated 8 August 2018. It is effective between you, and us, as the date of you accepting this Agreement.