Terms & Conditions

Terms and conditions (“Terms”) are a set of legal terms defined by the owner of a website. They set forth the terms and conditions governing the activities of the website visitors on the said website and the relationship between the site visitors and the website owner. 

Terms must be defined according to the specific needs and nature of each website. For example, a website offering products to customers in e-commerce transactions requires Terms that are different from the Terms of a website only providing information.     

Terms provide the website owner the ability to protect themselves from potential legal exposure.

In general, what should you cover in your Terms & Conditions?

  1. Who can use your website; what are the requirements to create an account (if relevant)

  2. Key commercial Terms offered to customers

  3. Retention of right to change offering

  4. Warranties & responsibility for services and products

  5. Ownership of intellectual property, copyrights and logos

  6. Right to suspend or cancel member account

  7. Indemnification

  8. Limitation of liability

  9. Right to change and modify Terms

  10. Preference of law and dispute resolution

  11. Contact info

  1. A statement that you comply with Australian Consumer Law

  2. How you will provide a refund, repair or replacement of faulty products

  3. Details of your guarantee, and

  4. Details of your warranty (if you provide one, which is not obligatory)

So those are the minimum legal requirements that your website needs to include. In addition, we recommend your Terms include:

  • Details of shipping options and expected delivery times

  • Payment terms if payment is not immediate (e.g. “net 30 days”)

  • Cancellation policy if you offer a subscription payment product or service

  • Limitation of liability clause for potential claims of damages by your customers

  • Notifications about privacy and data collection policies

  • Warnings about stealing your website content or copying your ideas

  • Details of any third party relationships and who has responsibility for what

  • Any other Terms specific to your business and important to you

  • Governing Law clause stating your business location and the State law under which your business is governed

These Terms & Conditions are between you and ProDigital Pty Ltd (ABN 92 078 670 630) and its affiliates ("ProDigital", "we", "us" or "our") and they govern your and our respective rights and obligations.

Your use of www.prodigital.com.au (“website”) is subject to these terms of use (“Terms”). If you do not accept these Terms, you must refrain from using this website or making a purchase from the website.

Website Information

Photographs are for illustrative purposes only and may vary from goods depicted or described.

Website Content

1. ProDigital may, at any time, add or remove content from this website without notice.

2. Any articles, information or content published on this website must be read subject to these Terms.

3. Although ProDigital uses its best endeavours to confirm the accuracy of any information published on this website, you agree that ProDigital cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to ProDigital or by manufacturers or suppliers changing product specifications without notice to ProDigital. You agree to make your own inquiries to verify information provided and to assess the suitability of products before you purchase.

4. The information, materials and services in this website is provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.

5. ProDigital nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold ProDigital liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.

Your Use of the Website

1. You agree to use this website only for purposes that are permitted by these Terms, any applicable law or regulation and/or generally accepted practices or guidelines.

2. You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.

3. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

4. ProDigital may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.

5. ProDigital may in its sole discretion restrict your access to this website. If ProDigital does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. ProDigital will not be liable to you or any third party for doing so.

6. As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.

7. ProDigital may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, ProDigital may withdraw this website, or change or remove website functionality at any time without notice to you.

Intellectual Property Rights

1. You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of ProDigital or, in the case of third party material, from the owner of the copyright in that material.

2. You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

3.  If you correspond or otherwise communicate with ProDigital, you automatically grant to ProDigital an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.

Links to Other Websites

1. This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under ProDigital’s control and ProDigital is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. ProDigital provides these links to you for convenience only and the inclusion of any link does not imply ProDigital’s endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, ProDigital disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.

2. ProDigital reserves the right to prevent third parties from linking to this website.

General

These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Exchange Variation: All quotes are subject to exchange rate variations up to final invoice date at our
discretion. This being at time of delivery or at time of payment if not paid by due date.

 

Rate Sheet per link and indicated by “Intl Money Transfer (IMT) & Drafts” column.

https://www.commbank.com.au/personal/international/foreign-exchange-rates.html


If a deposit is paid, we will secure the first opportunity that is within the quoted exchange rate limit in order to
avoid any further invoicing. The fixed/variable ratio is according to the deposit paid.


PAYMENT: If payment is not received by due date, any discounts offered will be revoked and charged at
normal rate . Overdraft charges at a rate of 2% per month or part of will be applied.


Ownership: of the above goods remains with ProDigital Pty Limited until such time as full payment has been
received by ProDigital Pty Limited and cleared by their bankers.


Overdraft: fees will apply at a rate of 2% per month, or daily prorata, if payment is not received by due date.


Cancellation: ProDigital reserves the right to charge a 10% re-stocking fee on any order cancellations
Overdue Debts: ProDigital also reserves the right to charge any additional fees incurred in collecting
any debt or payment should payment exceed our approved payment terms and conditions.


Public & Product liability: ProDigital does have Product and Public liability insurance with the
exclusions of any items used in watercraft or aircraft.


Disclaimer: ProDigital will not be liable for any damage or injury caused by improper use of the equipment.


Contradicting T&C: These terms and conditions overrule any other contradicting terms and conditions
on any purchase order submitted. If this is not acceptable please contact the ProDigital sales person
per the quotation prior to placing any orders.


Submitting and order through this website is an acceptance of these Terms & Conditions.