Effective September 2022
1. About the website
1.1. Welcome to www.dashagency.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various digital products as well as services that have been listed for sale through the Website (the ‘Eproducts’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
1.2. The Website is operated by J&L Ventures Pty Ltd (acn 625 214 155) t/a dash. Agency. Access to and use of the Website, or any of its associated Eproducts or Services, is provided by dash. Agency. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. dash. Agency reserves the right to review and change any of the Terms by updating this page at its sole discretion. When dash. Agency updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by dash. Agency in the user interface.
3. Make a Booking
dash. Agency requires all bookings for Services to be made via the booking system provided on the Website (‘the Booking System’). Once you have made a booking, you will be issued with a separate set of terms and conditions that will govern the Services.
4. Registration to use the Purchase Services
4.1. You may need to register for an account through the Website to book dash. Agency Services (the ‘Account’).
4.2. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Telephone Number
(d) Password
4.3. You warrant that any information you give to dash. Agency in the course of completing the registration process will always be accurate, correct and up to date.
4.4. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
4.5. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with dash. Agency; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
5. Your obligations as a Member
5.1. As a Member, you agree to comply with the following:
(a) you will use the Purchase Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify dash. Agency of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of dash. Agency providing the Purchase Services;
(e) you will not use the Purchase Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by dash. Agency;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by dash. Agency for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
6. Purchase of Eproducts
6.1. In using the Purchase Services to purchase an Eproduct through the Website, you will agree to the payment of the purchase price listed on the Website for the Eproduct (the ‘Purchase Price’).
6.2. Payment of the Purchase Price may be made through direct deposit, credit card or stripe (the ‘Payment Gateway Providers’)
6.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
6.4. Following payment of the Purchase Price being confirmed by dash. Agency, you will be issued with a receipt to confirm that the payment has been received and dash. Agency may record your purchase details for future use.
6.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
7. Refunds and Returns
dash. Agency does not provide refunds for Eproducts. Please keep this in mind when making a purchase.
8. Warranty
dash. Agency’ Eproducts come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Eproduct and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Eproducts repaired or replaced if the Eproducts fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
9. Copyright and Intellectual Property
9.1. The Website, the Purchase Services and all of the related products of dash. Agency are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website and Courses (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by dash. Agency or its contributors.
9.2. dash. Agency retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of dash. Agency; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
9.3. You may not, without the prior written permission of dash. Agency and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
10. Privacy
dash. Agency takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to the dash. Agency Privacy Policy.
11. General Disclaimer
11.1. You acknowledge that dash. Agency does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Eproducts other than provided for pursuant to these Terms
11.2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.3. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) dash. Agency will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.4. Use of the Website, the Purchase Services, and any of the Eproducts of dash. Agency is at your own risk. Everything on the Website, the Purchase Services, and the Eproducts of dash. Agency, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of dash. Agency make any express or implied representation or warranty about its Content or any Eproducts or Purchase Services (including the Eproducts or Purchase Services of dash. Agency) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Eproducts;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
12. Limitation of Liability
12.1. dash. Agency’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of dash. Agency is the resupply of information or Purchase Services to you.
12.2. You expressly understand and agree that dash. Agency, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3. dash. Agency is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of dash. Agency, by third parties or by any of the Purchase Services offered by dash. Agency.
13. Indemnity
13.1. You agree to indemnify dash. Agency, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
14. Termination of Contract
14.1. The Terms will continue to apply until terminated by either you or by dash. Agency as set out below.
14.2. You may terminate your Account any time by closing it through the method provided by dash. Agency.
14.3. dash. Agency may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) dash. Agency is required to do so by law;
(c) the provision of the Services to you by dash. Agency is, in the opinion of dash. Agency, no longer commercially viable.
14.4. Subject to local applicable laws, dash. Agency reserves the right to discontinue or cancel your Membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts dash. Agency’s name or reputation or violates the rights of those of another party.
15. Dispute Resolution
15.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
15.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
15.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Qld Law Society or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held at a location to be agreed between the parties.
15.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
16. Venue and Jurisdiction
The Purchase Services offered by dash. Agency is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
17. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
