‍Website Terms and Conditions

Effective Date: [Insert Effective Date]

1. Introduction

By using this website (located at d-effcon.com.au and any related websites or URLs), social media platforms owned or operated by us (collectively, the "Sites"), and our services, including the use of our contact form (collectively, the "Services"), you agree to be legally bound by these Website Terms and Conditions ("Website Terms").

By agreeing to these Website Terms, you are entering into an agreement with D-EFFCON Pty Ltd (ACN [Insert ACN]), including its successors, assignees, and related bodies corporate (as defined in the Corporations Act 2001 (Cth)) ("D-EFFCON," "we," "us," or "our"), and agree to comply with any and all applicable laws and regulations, whether domestic or international.

By accessing or using our Services, you warrant and represent to us that you have read, understand, and agree to be bound by these Website Terms and that you have the right, authority, and legal capacity to enter into a legally binding agreement and to abide by these Website Terms.

By agreeing to these Website Terms, you also agree to comply with all other terms and conditions and policies as linked on the Sites, including our Privacy Policy and any software terms of use or proposals. If there is any inconsistency between these Website Terms and our software terms of use or proposals, the software terms of use or proposals prevail to the extent of the inconsistency.

2. Use of the Services

You agree that you are responsible for your access to our Services and for ensuring that any persons who may access the Services through your internet connection are aware of and compliant with these Website Terms.

You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location from which you access the Services, and otherwise where applicable, and that you will not use our Services for any activities that are unlawful, discriminatory, harmful to others, or that may violate the rights of others.

When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or an authorized nominee of the contact email that you provide to us. You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, order confirmation/assistance, product offers, and/or other promotional purposes).

3. Intellectual Property

All text, graphics, user interfaces, photographs, trademarks, logos, artwork, and other content (collectively, "Content") contained on or in our Services are owned by, or licensed to, D-EFFCON, and are protected by copyright, patent, trademark laws, and various other intellectual property rights.

You may access and use the information provided in our Services on a limited, revocable, non-sublicensable license for your personal, non-commercial informational purposes. No Content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise without the prior written consent of D-EFFCON.

Unless explicitly stated herein, nothing in these Website Terms may be construed as conferring any license to, or assignment of, any of D-EFFCON’s intellectual property rights, whether by estoppel, implication, or otherwise. D-EFFCON reserves all rights not expressly granted in the Services.

4. Privacy

You agree to allow D-EFFCON to send you emails regarding the Services, including any information related to our goods and services, in accordance with our Privacy Policy. Please see our Privacy Policy for detailed information about our privacy practices.

5. Unauthorised Access and Malicious Materials

You agree that you will not create a shared user account, nor share your user account with other individuals inside or outside your business. Creation or usage of a shared account is not permitted and may result in suspension or termination of your user account.

You must not attempt to, or actually gain, unauthorised access to our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services. You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses, trojans, or other programs, scripts, or material that may be malicious or technologically harmful to us, our Services, or other users of our Services.

To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort, or otherwise, caused by any malicious or harmful programs, scripts, or technologies that may affect our Services as aforementioned, system failures, or any other harmful material that may infect your computer, device, programs, data, or other proprietary material. You release us from any such liability.

6. Third Parties

Our Services may, from time to time, contain links to and from websites that are owned or operated by other parties. Links in the Services to third parties do not constitute sponsorship, approval, or endorsement of the content, policies, practices, or services offered by those parties unless expressly stated by us in writing. Third-party websites are governed by their own terms and conditions and privacy policies, and we recommend that you make your own enquiries as to their Website Terms. We do not accept any liability for any information on, or the privacy practices of, any third-party websites.

7. Limitation of Liability

To the maximum extent permitted by law, neither D-EFFCON nor any of its employees or agents will be liable for any loss, damage, or injury whatsoever (including negligence, death, injury or illness, and special, indirect, or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems, or loss of data), whether in contract, tort, or otherwise, arising from or in connection with:

• Any act, omission, or negligence in the use of, or reliance on, information, comments, or opinions contained or obtained through our Services;
• Any use of the information on or access to Services, including if for any reason the Services are unavailable at any time or for any period;
• Any errors in, or omissions from, the information contained in the Services; or
• These Website Terms or any breach of these Website Terms.

You understand and agree that you are responsible for your own acts, omissions, and negligence, and if there are any consequences to your acts, omissions, or negligence through your use of the Services, you will be responsible for those consequences.

To the maximum extent permitted by law, D-EFFCON expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Website Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted, or modified.

This clause survives termination of these Website Terms.

8. Disclaimer of Warranty

D-EFFCON provides the Sites and their contents on an “as is” basis, and use of this information is at your own risk. While we aim to update the Sites regularly, neither D-EFFCON nor any of its employees or agents makes any representation or warranty as to the accuracy, completeness, currency, or reliability of the information contained on the Sites.

We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any information or content featured in the Services or provided through our Services without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend, or cease the operation of the Services or any part of the Services at any time, in our sole discretion.

9. Release and Indemnity

You agree to release and indemnify and hold D-EFFCON and (as applicable) its affiliates, agents, and employees harmless from and against any claims, demands, proceedings, losses, and damages (actual, special, and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to:

• Your purchase or use of goods or services purchased from D-EFFCON;
• Your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Website Terms;
• Any actual or alleged claim by a third party that any data supplied by you infringes the rights of that third party (including any intellectual property rights) or that the data is objectionable, incorrect, or misleading; or
• Your violation of any law or the rights of a third party.

This clause survives termination of these Website Terms.

10. Amendments and Correction of Errors

D-EFFCON reserves the right to amend these Website Terms from time to time as it sees fit. Any amendments or changes to these Website Terms are effective from the date on which the amended Website Terms are published, except in relation to orders placed prior to the publication of any varied Website Terms.

While we endeavour to notify you as soon as reasonably possible of any changes to our Website Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Website Terms by checking this page, which contains our most accurate and up-to-date version of our Website Terms.

D-EFFCON reserves the right to amend any errors in the Services at any time without notice to you.

11. General

• Waiver: Any failure or delay by D-EFFCON in exercising a power or right (either wholly or partially) in relation to these Website Terms does not operate as a waiver or prevent D-EFFCON from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost, or expense that may have been caused or contributed to by the failure, delay, waiver, or exercise of a power or right. This clause survives termination of these Website Terms.
• Force Majeure: If we are unable to perform in whole or in part any obligation under these Website Terms as a result of any fact, circumstance, or matter beyond our control, we are relieved of that obligation to the extent and for the period that we are unable to perform the obligation. You agree that D-EFFCON will not be held liable for any delay or failure in performance of any part of the Services.
• Severability: If any part of these Website Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Website Terms. Such invalidity does not affect the validity of the remaining provisions of these Website Terms. This clause survives termination of these Website Terms.
• Relationship: These Website Terms do not confer an agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between D-EFFCON and you or any other party unless expressly stated otherwise.
• Entire Agreement: These Website Terms (and all other documents, terms, and conditions, and policies that are incorporated by these Website Terms) and any additional policies or Website Terms you have agreed to through use or access of our Services make up the entire agreement and supersede all prior written and oral agreements, representations, undertakings, and understandings. This clause survives termination of these Website Terms.
• Jurisdiction: These Website Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Website Terms.