Terms of Use

 

Welcome to the Driven Digitally website. These Terms and Conditions includes the provisions relating to your use of the Driven Digitally website (DrivenDigitally.com.au). All the Driven Digitally Terms and Conditions, including but not limited to the Terms of Use, are governed by the State of New South Wales Legislation. By using the Driven Digitally website you agree that your use of the Driven Digitally website is subject to these Terms of Use and you agree to be bound exclusively by the laws of this state of New South Wales regardless of your location and that any such legal action taken by you shall occur only in the state of New South Wales.

Driven Digitally will always comply with the State Trade Practices Acts and Fair Trading Laws.

Please read the Terms Of Use contained herein and the associated Privacy Policy carefully before using the Driven Digitally website.

Please read the following Terms & Conditions of Sale as well as our Return Policy carefully before initiating a purchase at your discretion through the Driven Digitally website.

All Driven Digitally Terms and Conditions and Policies contain important information about the use of our website, ordering, processing, fulfilment and delivery or collection of Goods.

General Terms

DrivenDigitally.com.au shall only be used based on these terms and conditions only.

Driven Digitally reserves the right to, at any time:

  • amend, update, change or remove any part of this website;

  • suspend or restrict your access to this website if you are in material breach of these Terms of Use; and/or

  • stop or suspend the operation of this website.

  • No Driven Digitally staff member or Driven Digitally agent has the right to amend or modify these Terms and Conditions of Use.

General Disclaimer

You acknowledge and agree that:

  • this website and its contents are provided to you on an "as is" basis;

  • information on this website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and

  • any answers provided to questions published on this website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.

  • Except to the extent required by law:

  • Driven Digitally makes no representations or warranties of any kind as to the operation or availability of this website or the information, content or materials included on this website, and all implied representations or warranties in relation to the operation or availability of this website or the information, content or materials included on this website are excluded; and

  • It is necessary for Driven Digitally to capture information about you and other users in order to provide and/or deliver the services and/or products offered through this Website. The use of the information and your rights in respect of it is set out in this Privacy Policy Statement for the Driven Digitally Website located at drivendigitally.com.au

  • Driven Digitally is not liable for any loss suffered by you in connection with the unavailability of this website and/or the use of this website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information.

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Mode of Access

In order to use this website, you will need internet access, devices and systems which are compatible with this website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). Driven Digitally has no obligation to make this website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this website.

Identification

You warrant that you are either the person, or in the case of a business entity and/or corporation and/or school, an authorised representative of the corporation and/or business entity and/or school, that is named on the registration form for this Website. It is a breach of these Terms & Conditions and also a misrepresentation with potential civil and criminal consequences for a person to register as someone that they are not authorised to represent for this purpose. Driven Digitally reserves the right at any stage to contact you to confirm both the validity of the account and also the currency and security of the passwords used.

Unavailability

From time to time information that would normally be available through the Website (including supplier's catalogues) may not be able to be accessed online because of technical or other problems. Driven Digitally and the Service Provider expressly excludes liability to you and any user of this Website in respect of the unavailability of content regardless of whether or not this unavailability is caused by the negligence of Driven Digitally or the Service Provider.

Privacy and Storage of your personal information
It is necessary for Driven Digitally to capture information about you and other users in order to provide and/or deliver the services and/or products offered through this Website. The use of the information and your rights in respect of it is set out in the Privacy Policy Statement on this Website.

Indemnity against Use of Web Site

You agree to indemnify Driven Digitally, it's Founders and the Service Provider against any claim for loss or damage of any kind by any third party (including but not limited to our partner(s) and/or service contractors) arising out of, or in relation to, the use of the Website by you the user.

The Customer who uses the Driven Digitally web site will agree to indemnify Driven Digitally against any claim made against Driven Digitally  by any party in connection with our (Driven Digitally) web site regardless of whether this is an indirect or indirect claim.

Driven Digitally and staff and agents endeavour to ensure that the web site information is correct but makes no warranty (express or implied) as to the accuracy of information of products and services that is as permitted by laws of the state.

Copyright

All material on this site is the copyright of Driven Digitally, or in the case of some material, third parties and the copying or use of this information is not permitted unless prior written permission is received from Driven Digitally.

Trade Marks (including but not limited to Driven Digitally Logo)

Nothing contained in this website shall be construed as granting any licence or right to use any trade mark displayed on this website

Errors and Omissions

Driven Digitally will always endeavour to offer the correct price, specification, technical information version, promotion information, stock availability and location and other value added information on their website but there are occasions where this information may be incorrect due to circumstances beyond Driven Digitally's control.

Driven Digitally makes no representations about the accuracy and suitability of information provided, including but not limited information provided on the Driven Digitally web site. If an error is made Driven Digitally will advise the customer and cancel the order. To our best efforts Driven Digitally will endeavour to assist and will bear no liability for these changes. Any payment made shall be returned to the customer in total.

Liability Statement

Driven Digitally accepts no liability for any information or product displayed within the site that may be associated with any damage to the business of the site visitor ie. but not limited to misinterpretation/ misuse of information, damage through delivery of service or product, repairs or maintenance. While Driven Digitally works with key partners and may offer hyper-links to other sites the vendor does not endorse or hold that site information and operation as being legally proven and qualified. Should the customer access those sites Driven Digitally accepts no liability.

Driven Digitally shall bear no responsibility for any information, virus or other source that is retrieved from the Driven Digitally web site. Driven Digitally will bear no liability for web site down time or reason when customer is unable to access. Driven Digitally will bear no liability for errors and omissions.

Product Liability is outlined within standard Terms and Conditions related to products offered by the vendor and associated suppliers.

Third Party Websites

This website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. Driven Digitally is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. Driven Digitally will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.

Visitor Rights

The company prohibits any site visitor from obtaining unauthorised access to the site and in any way effecting any unauthorised changes to the site. Any such action shall be subject to prosecution. The company endeavours at all time to protect the visitor's information supplied but shall not be liable for this information being used in the daily operations of the company as pertains but not limited to sales, service and marketing.

Cookies

Cookies are small pieces of information that your web browser stores on your computer’s hard drive. Driven Digitally uses cookies to gather data in relation to this website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this website.

Viruses

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Except to the extent otherwise required by law, Driven Digitally will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this website.

Exceptions

This may occur in specific contractual arrangements with Federal, State or Corporate clients. Customers who purchase from other state/country locations agree to accept the following Terms and Conditions according to New South Wales Law.

The Customer accepting goods/services from Driven Digitally is deemed to have read, understood and accepted the terms and conditions contained herein by placing an order with Driven Digitally failure to object to any term or condition contained in any communication, whether written, electronically or verbal/oral, from the Customer, shall not mean those conditions / terms are accepted.

The user shall not proceed trading with Driven Digitally or using the Driven Digitally website under any such circumstance until contact with the Owner has been established and alternative Terms & Conditions have been agreed to and signed by the User.

Conflict of Interest

These terms and conditions override your terms and conditions. To the extent of any discrepancy between these terms and conditions and any other (including your own) terms and conditions these terms and conditions prevail.

Severance & Severability

In the event that the whole or any part or parts of any clause in these Terms of Use is found not to be enforceable by a Court then such clause or part thereof shall be to that extent severed from these Terms Of Use without effect to the validity and enforce-ability of the remainder of these Terms & Conditions.

And, If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforce-ability of any other provision of these Terms of Use.

Notices

Notices to be given under these Terms & Conditions may be given personally or in writing by posting the notice to the following address:

(a) for a notice to the Owner: PO Box 509 Blaxland New South Wales Australia 2774; and

(b) for a notice to the User: the address for the User as contained in the order form or invoice.

Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with, and you agree to submit to, the laws of the State of New South Wales, Australia and Commonwealth Personal Property Securities Act 2009 (PPSA). Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of Sydney, New South wales, Australia where the parties submit to the exclusive jurisdiction of the Courts in Sydney, New South Wales, Australia.

The parties agree that proceedings may be commenced in any court in Sydney, New South Wales, Australia and consent to that court having jurisdiction by virtue of this Clause despite the court not having such jurisdiction without this consent.

Driven Digitally makes no representation or warranty that the content of this website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.

Acceptance

It is a condition of use of this Website that Users agree to these Terms and Conditions. The continued use of this (Driven Digitally) website shall be deemed as acceptance of these Terms of Use, including but not limited to registering an account, scrolling pages contained on the header or visited through call to action contained static pages, visiting the online store or product descriptions or placing an order, making an enquiry or submitting your personal details through any form contained on the website.

PLEASE NOTE: When you visit the Driven Digitally site, you accept this current dated T&C version

 

Feedback to the webmaster, Terms and Conditions 10.03.2017

 

DRIVEN DIGITALLY

In these Terms of Use a reference to Driven Digitally is a reference to a registered partnership business between Donny McGregor & Joel Basedow known as Driven Digitally (ABN 85 734 256 518) from time to time.