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Terms & Conditions


1. Basis of agreement

  1. These terms of use (the “Terms”) govern your (the “User’s/ You”) use of the services, website, and other software (collectively the “Service”) provided by Digital Audit Australia Pty Ltd ACN 636 898 685 (“DAPL“, “we,” or “us”) of Upper Ground Floor, 230 Clarence Street Sydney NSW 2000.
  2. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by the Terms.
  3. If you are using the Services on behalf of an organization, you are agreeing to these Terms on behalf of that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization..
  4. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or other entity to this Agreement.
  5. By Clicking ‘I agree’ or otherwise signing this agreement, either physically or electronically, you or the entity you are authorised to represent will be bound by these terms.

2. services

  1. We will conduct an analysis of your website and digital ecosystem and will provide an audit report comprised of a record of our findings that may enable you to make an assessment and assist in your review your digital presence (the Services”).

3. Your Obligations

  1. In order to enable us to provide the Services, you must supply information to us in a timely manner that we reasonably request. Such information we require includes a complete overview of your digital ecosystem and read only access to the contents thereof (the Accessed Data) therein. By using the Service, you indicate you have the right to provide such access to us.
  2. Following the completion of the completion of our analysis, you must change your passwords that you have provided to us which has enabled access to your digital ecosystem. You must also rescind all access rights you have given to us. We may require you to provide evidence of you changing your passwords and rescinding such access before we provide our reports to you.

4. Payment of Service Fees

  1. You must pay the set up and Service Fees specified when you place an order for the services.
  2. Payment must be made as specified in the order terms.
  3. If you do not pay by the due date, interest at 6% PA above the cash rate of the Reserve Bank of Australia will apply to all overdue amounts and we may stop supplying Services to you.
  4. Once you submit an order for the Services either directly to us or to a third party reseller of the Services and pay the Service Fees, the agreement between you and DAPL is not cancellable, and the Service Fees are not refundable.

5. Disclaimer

  1. You expressly agree that use of the Data and or any reports provided by us is at your sole risk.
  2. DAPL does not warrant any results that may be obtained from use of the reports or data provided by us nor the accuracy, completeness, reliability or content of any information provided by us. DAPL does not guarantee that the report will achieve any particular outcome.
  3. DAPL is not responsible for any actions taken by you following your receipt of the Audit Report.


6. Limitation of Liability

  1. In no event shall DAPL, its related companies or any of their respective employees, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees or agents, be liable for:

    1. loss of revenue;
    2. loss of actual or anticipated profits;
    3. loss of contracts;
    4. loss of the use of money;
    5. loss of anticipated savings;
    6. loss of business;
    7. loss of opportunity;
    8. loss of goodwill;
    9. loss of reputation
    10. loss of, damage to, or corruption of data; and
    11. indirect or consequential losses

    whether those losses are foreseeable, known, foreseen or otherwise, arising out of or related to your use of the services or these Terms of Use or implementation of any recommendations contained in a report.

  2. DAPL’s analysis and recommendations are current as at the date of the provision of a report to you and we make no warranties or representations as to its accuracy or completeness other than as at the date of the provision of such analysis and recommendations.
  3. DAPL’s total liability to you or any third party under these Terms of Use shall in no circumstances exceed, in aggregate, a sum equal to $500.
  4. The limitation of liability above also has effect in relation to any liability arising because of the invalidity or unenforceability of any terms of these Terms of Use.
  5. Nothing in these Terms of Use shall exclude or limit DAPL’s liability for any liability which cannot be excluded or limited by applicable law (including fraud and death or personal injury caused by DAPL’s negligence).

7. Indemnity

  1. You agree to defend, indemnify and hold harmless DAPL and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from (a) your breach or other violation of this Agreement, (b) your Content, (c) your use of and access to the Services, or (d) your violation of applicable law or any third party right, including without limitation any privacy, intellectual property or other proprietary right.
  2. This defence and indemnification obligation will survive the termination of this Agreement and your use of the Services. DAPL reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting DAPL’s defence of such matter.

8. Termination

  1. We may terminate this Agreement with immediate effect on written notice to you if you breach your representations, warranties or obligations and fail to remedy the breach within 14 days of receipt of written notice.

9. Privacy and Data Use

  1. We will not share personal information or the Accessed Data with another company or person other than a related company of ours without your consent. All personal information and Accessed Data is stored in a secure manner to protect privacy in accordance with the Privacy Act 1988 (Cth) (Privacy Act), as amended from time to time, and with our privacy policy which may be viewed on our website at
  2. You acknowledge and agree that personal information and Accessed Data provided by you may be stored in Australia and/or other overseas locations.
  3. We may use the Accessed Data on a deidentified, category aggregate basis to produce anonymized benchmarks including but not limited to industry, category, product, or website section; to be used in reports, analyses, data, databases and other similar materials; provided that none of the foregoing specifically identify you. Any such materials produced using such aggregate data are the sole and exclusive property of DAPL.

10. Intellectual Property

  1. We own the Intellectual Property Rights in the production of and underlying processes utilised in the production of the audit report
  2. We grant you a royalty free, non-exclusive licence to use, the audit report and its contents in connection with your business activities

11. Force Majeure

  1. We will not be liable for delays in delivery and/or non-delivery in the event of an act of God, actions by or directions from any governmental or quasi-governmental entity, Internet failure, equipment failure, power outage, fire, earthquake, flood, insurrection, riot, act of terrorism, act of war, explosion, embargo, strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow – down, or any condition beyond our control affecting production or delivery in any manner

12. Miscellaneous

  1. The laws of New South Wales, Australia governs these Terms and Conditions. The parties agree to the non-exclusive jurisdiction of the courts of New South Wales.
  2. Our failure to enforce any of these Terms shall not be construed as a waiver of any of our rights.
  3. If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.
  4. Nothing in this Agreement shall give rise to or is intended to give rise to any relationship between you and us of a joint venture, partnership or employer and employee or principal and agent or subcontractor relationship.
  5. Any notices required to be given under this Agreement must be in writing, given personally or sent by email, or registered mail and must be given by 5pm on a Business Day.
  6. We are an independent third party which has no stake in the outcomes of the audit. To maintain our independence, we do not offer a service to explain the details of the audit to a client’s agencies.
  7. We may vary or amend these Terms and Conditions by written notice to you at any time. Any variations or amendments will apply to Orders placed after the notice date.

13. Definitions

Business Day means a weekday that is not a public holiday in the state where you are located.
Customer, You Your/s means the entity or person, jointly and severally if more than one, engaging us to provide the Services;
Notices any notices required to be given under this Agreement must be given by 5pm on a Business Day.
Order means the order for Services;
Service Fees means the Fees as set out in the Order Form, and any other fees as agreed between the parties;
Services mean the services to be provided by us to you.

Current on and from 06 June 2022