Terms & Conditions

Digital Solutions Group (DSG)

Terms, Conditions and Website Terms of Use

http://www.digitalsolutionsgroup.com.au

This website is made available for the benefit of its Customers, Agents, Suppliers, Advisors, Site Visitors and Associates.

 

1. Acceptance of terms

By using DSG’s online and offline products and services (collectively, “the Service” or “Services”), provided by www.digitalsolutionsgroup.com.au, (collectively, ” DSG,” “We” or “Us”) you agree to be bound by the following Terms of Use (“TOU”), together with our Privacy Policy. The TOU may be updated by us from time to time without notice. You can review the most current version of the TOU at any time at:

www.digitalsolutionsgroup.com.au /terms or on this page.

This TOU governs your access to and use this website, any order you place through the DSG website, by any means, and, as applicable, your use or attempted use, of any of DSG’s  products and services (collectively, “Your Use”).

Your Use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, DO NOT SUBSCRIBE, AND DO NOT PURCHASE ANY DSG PRODUCTS OR SERVICES OFFERED.

 

2. About this website

This website is owned and operated by Thrain Pty Ltd trading as Digital Solutions Group (DSG) – ABN 88 002 160 376 (hereinafter referred to as DSG) and includes all web pages under or forming part of the domain name www.digitalsolutionsgroup.com.au and any other DSG branded web pages.

Your use of the services, information, text, graphics, materials and other content on any part of the DSG Website (‘Material on this Website’) is governed by these Terms of Use and the associated Privacy Policy. By using this website you agree to be bound by these Terms of Use. If you do not agree with any of the Terms and Use contained herein do not use this website.

In addition to the Terms of Use contained in this document, other terms of use or conditions may apply to your use of this DSG Website, parts of this Website or to products and services offered via this Website. You agree to be bound by these additional terms, as applicable.

You may not access the Service for purposes of monitoring its performance, availability, or functionality, or for any other benchmarking or competitive purposes, without DSG’s prior written consent. You may not access the Service if you are a direct competitor of DSG, except with DSG’s prior written consent.

 

Privacy

Your privacy and security is very important to our Company. Certain data items are collected and used by DSG Website in order to provide insurance quotations and other online services. The DSG Website will record and track the use you make of this website. The use of this data is subject to our Privacy Policy. Please read our Privacy Policy in full.

 

3. Terms of Use

By using this website you agree to the terms of use set out within the website herein. This includes our legal disclaimer, privacy policy and other terms and conditions contained within the website. A copy of these terms are displayed on DSG Website at all times and by using the website you accept these terms as they apply. This disclaimer is not altered by or limited by other terms and conditions on this website. If you do not agree with the terms and conditions contained on this website do not use the website. Use of this website constitutes your agreement with the terms and conditions, contained herein.

 

4. Liability arising from the use of the DSG Website

DSG is not liable or responsible for damages arising from your use of this website, including such as may arise from transmission of your information to us via our website or our communication of information to you, at your request over the internet.

Customer will be solely responsible for any damage sustained to its devices, networks, information systems or other platforms or for the loss of information or any damage resulting from use of the DSG Platform or Products, including in the event that the Services or products were defective in any way. Should you receive a product from our company then you agree to advise us of such defect within seven days from the date of purchase. If we request that the product be returned to Ocean Breeze, then you agree to do this with fourteen days from the date of purchase.

 

5. Website information accuracy

The information within this website is provided for the benefit of customers and visitors and DSG endeavours to provide the best possible information for its customers, agents and suppliers, however, the information contained within the website is accurate at the time of publishing and may not continue to remain accurate with the passage of time. No warranty of any kind is given except as may be required under statute. DSG does not warrant the accuracy, completeness or adequacy of information contained in this website and disclaims liability for any errors or omissions.

© Copyright Thrain Pty Ltd trading as Digital Solutions Group 2024    ABN: 88 002 160 376

 

6. Links provided on this Website

Links to other websites are provided for your convenience and DSG is not responsible for the information contained on those websites. The provision of a link to another website does not constitute an endorsement or approval of that website, or any products or services offered on that website, and DSG will not accept any liability for the use of those links to connect to websites that are not under our control.

 

7. Intellectual Property Rights

All Logos, trademarks, phrases and graphics used in the website, or linked to by the website, may also be trademarks or the intellectual property of Thrain Pty Ltd, and any third parties. The display of these items on this website does not imply that any third party has been granted the use of that intellectual property and all content of the website is protected by copyright law. Website visitors may use the content of the website for their own purposes but not republish or distribute that content for any other purposes.

DSG holds the copyright to this website. DSG grants you a limited licence to download this website for personal use only. You are not permitted to reproduce or alter this website, or any copy of it, for any other purpose without the prior expressed written consent of DSG.

 

8. Modifications

DSG reserves the right to make changes, modifications, additions, deletions and corrections to the website, at any time and without notice.

 

9. Your Account

In consideration of your use of the website, you represent and warrant that (i) you are not barred from receiving services under the laws of Australia or any other applicable jurisdiction, (ii) your use of the Service does not violate any applicable law or regulation, and (iii) you access the Service through one or more humans. Accounts registered by “bots” or other automated methods are not permitted. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (‘Registration Data’); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DSG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DSG has the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).

Registration Data and certain other information about you is subject to our Privacy Policy which is incorporated by reference herein in its entirety. For more information, see our full privacy policy at digitalsolutionsgroup.com.au/privacy/. You understand that through your use of this Website you consent to the collection and use (as set out in the Privacy Policy) of this information.

You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DSG of any unauthorised use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. DSG cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms of Use, including, without limitation, this section.

 

11. Billing

In connection with your purchase and/or use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree, that unless otherwise required by applicable law, to indemnify DSG pursuant to the section below entitled “Indemnity” to the extent that DSG incurs any obligations or other liabilities in connection with such taxes.

 

12. Content

“Content” means any and all information, data, code, video, images, text, documents or other materials of any type that you upload, post, email, transmit, submit or otherwise make available to or through the Service, regardless of whether it is publicly posted or privately transmitted. All Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Ocean Breeze, are entirely responsible for all Content that you upload, post, email, transmit, submit or otherwise make available via this Website. DSG does not control the Content posted via the Service and does not have access to such Content (except account-related information or unless authorised by you). As such, DSG does not and cannot guarantee or endorse the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable or illegal in your jurisdiction. Under no circumstances will DSG be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, posted, emailed, transmitted, submitted or otherwise made available via the Service.

 

You agree to not use the Service to:

1. upload, post, email, transmit, submit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, under any applicable laws;
2. harm minors in any way;
3. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have

• right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

1. upload, post, email, transmit or otherwise make available any Content that infringes any rights of any other party, including, without limitation, patent, trademark, trade secret, copyright or other proprietary rights;
2. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, or any other form of solicitation;
3. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4. act in a manner that negatively affects other users’ ability to use the Service;
5. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
6. intentionally or unintentionally violate any applicable local, state, national or international law;

You acknowledge that DSG does not pre-screen Content, and that DSG and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, DSG and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable or illegal as determined in DSG sole discretion. In no event shall DSG or its designees have any liability or obligation to you in connection with exercising any rights contained in this section. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by DSG or submitted to Ocean Breeze.

You acknowledge, consent and agree that DSG may access, preserve and disclose your account information and Content if required to do so by any applicable law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any applicable legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Ocean Breeze, its users and the public. If we receive a subpoena which requests disclosure of information contained in your account you agree that we may disclose any such requested information contained in the account regardless of whether such information is deemed to be owned or held in the name of (i) the Business User, or (ii) the name of Individual Users. For the sake of clarity, (i) if the subpoena is issued in the name of the Business User, we may disclose information regarding both the Business User and the Individual User(s), and (ii) if the subpoena is issued in the name of Individual User(s) we may disclose information regarding both the Business User and the Individual Users(s).

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorised reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

You will retain all right, title and interest in and to your Content and DSG shall not claim ownership of your Content; provided, however, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant DSG the following worldwide, royalty-free and non-exclusive license(s): the perpetual, irrevocable and fully sublicenseable license to collect, use, copy, store, transmit, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

 

8. Indemnity

Except and to the extent required by applicable law, You (specifically including the Business User and Individual User(s)) agree to indemnify and hold DSG and its parent, subsidiaries, affiliates, officers, directors, stockholders, agents, attorneys, employees, partners, licensors and other representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in connection with, (i) your Content, (ii) your use or access of the Service,

• your connection to the Service, (iv) your violation of the TOU or applicable law, (v) your violation of any rights of another, and (vi) any taxes arising in connection with your purchase or use of the Service in any jurisdiction, domestic or otherwise, including, without limitation, sales and use tax.

 

9. No resale of Service or Products

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service or its Products, use of the Service, or access to the Service unless you otherwise have an agreement with us which specifically grants you such right(s).

 

11. Modifications to Service

DSG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or Products (or any part thereof) with or without notice. You agree that DSG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Products.

 

13. Termination and Cancellation

You agree that DSG may without prior notice immediately terminate your DSG account and access to the Service or Products (both as a Business User and/or Individual User(s)). Such termination may be made in the DSG’s sole and absolute discretion with or without cause. For illustrative purposes only, the situations in which DSG may terminate your account and access to the Service or Products shall include, but not be limited to: (a) breaches or violations of the TOU or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions): (d) discontinuance or material modification to the Service (or any part thereof): (e) unexpected technical or security issues or problems; (f) extended

periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) non-payment of any fees owed by you in connection with the Service. Further, you agree that all terminations for cause shall be made in DSG sole and absolute discretion and that DSG shall not be liable to you or any third party for any termination of your account, or access to the Service.

 

13. DSG Dispute Facility

If you are not completely satisfied with the services or products provided by Digital Solutions Group, please contact us by emailing is here: ross @digitalsolutionsgroup.com.au and we will be happy to assist with any concerns you may have.

Terms and Conditions relating to Proposals, Quotations and Services Provided:

The information contained in this proposal is provided to client recipients (“you”) on the following terms and conditions:

15. These terms and conditions not only relate to this proposal but also extend to any future projects or orders we undertake for you. If our standard terms & conditions change in the future we will advise you accordingly.
16. This proposal has been prepared by Digital Solutions Group (“Digital Solutions Group”, “we”) and Digital Solutions Group disclaims any and all responsibility and liability for the information or strategies proposed herein.
17. This Proposal is made available to you for the purpose of providing you with services and delivery of marketing and/or eBusiness solutions and remains open for 30 days.
18. Digital Solutions Group, and their respective directors, officers, employees, agents and consultants shall have no liability including to any person by reason of negligence or negligent misstatement for statements, opinions, information or matters (express or implied) arising out of, contained in or derived from or for any omissions related to this proposal and/or the strategies delivered hereunder, except where liability under statute cannot be excluded.
19. This Proposal may contain projections based on certain intentions, expectations and plans for you. Those intentions, expectations and plans may not be achieved. They are based on certain assumptions which may not be met or on which views may differ. The performance of this proposal as described herein may be influenced by factors many of which are outside the control of Digital Solutions Group.  No representation or warranty, express or implied, is made by Digital Solutions Group or any of its representatives, directors, officers, employees, agents and consultants that any intentions, expectations, plans, or projections will be achieved either totally or partially.
20. This proposal is copyright and you will not copy, distribute or disclose it, in whole or in part, to others at any time without the prior written consent of Digital Solutions Group. The strategies and information contained in this proposal is the sole propriety of Digital Solutions Group.
21. Your acceptance of the “Order Approval” creates a legally binding agreement between us to deliver the requested works to you subject to your orders/briefs at the price and on the terms quoted.
22. Any changes to your orders/briefs may result in time and fee changes, which we will notify to you upon request.
23. Satisfaction and delivery guaranteed means that Digital Solutions Group will deliver on time at the agreed cost. Should the delivery time needed to be extended due to unforeseen circumstances, Digital Solutions Group reserves the right to warn the client and provide a new timeline that both parties agreed on.
24. Any intellectual property created as a consequence of your orders will become your property upon full and final payment, such as logos, slogans, text, business and marketing plans, copywriting.
25. Despite clause 10, we retain any and all rights in any Retained IP that is delivered in conjunction with your orders, including but not limited to the source code of the Technology. You are granted a non-exclusive non-transferable license to use the Retained IP for the duration of your order and the timely payment of invoices.
26. We agree to:
    1. Deliver your orders as instructed by you in a timely manner;
    2. Fix any errors or omissions in any of the works that we provide to you;
    3. Respect the confidential nature of your sensitive business information and data;
    4. Keep you informed of the status of the project.
27. You agree to:
    1. Provide timely instructions, content and feedback when requested in order to complete your orders;
    2. Pay deposits within 48 hours of signing a quotation/order;
    3. Pay invoices at delivery of the project or the service;
    4. Pay the balance of each item of your orders as they are delivered to you on our staging server, in person, in print or in any other agreed format/media;
    5. Provide us with adequate releases of all works delivered and accepted by you;
    6. Permit us to promote the fact that you are one of our clients and that we have delivered the relevant services to you, including the following hyperlinked credit at the bottom of any online work: Powered or Design by Digital Solutions Group will deliver on time at the agreed cost. Should the delivery time need to be extended due to unforeseen circumstances Digital Solutions Group. You agree to pay all accounts within our trading terms and in the event that we need to engage a debt collector then all costs incurred in the collection of monies, from you will be borne by you and added to the debt.
28. Clients use of the Host Server is subject to the Host Server:
    1. Service Agreement;
    2. Acceptable Use Policy;
    3. Privacy Policy; &
    4. Anti-Spam Policy; as contained on the website http://www.digitalsolutionsgroup.com/legals.aspx (in addition to the terms contained herein).
29. There are no warranties or guarantees, expressed or implied, made by Digital Solutions Group to you with respect to this proposal or your orders as expressly set forth herein and neither will we make any warranties or guarantees to you except as expressly agreed in writing by Digital Solutions Group.
30. Neither Digital Solutions Group will be liable to you on account of any alleged warranty, express or implied, except to the extent and in the manner set forth herein.
31. Nothing contained herein will be taken to exclude restrict or modify or to purport to exclude restrict or modify the application of any provisions contained in Part V Division 2 of the Trade Practices Act 1974 or any other consumer protection legislation, the exercise of any of the rights conferred by any such provision or the liability of Digital Solutions Group for breach of any warranty or condition implied by such provision. However, if Digital Solutions Group breaches any such warranty or condition, its liability for breach will be limited (where permissible by the Trade Practices Act and any other relevant consumer protection legislation) to:
32. in the case of the supply of goods: the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired – whichever Digital Solutions Group sees fit to provide; and
33. in the case of the provision of services: the supplying of the services again, or the payment of the cost of having the services supplied again – whichever Digital Solutions Group sees fit to provide.

The following terms are defined as follows:

18. ‘Technology’ includes:
    1. Email Marketing;
    2. Ecommerce;
    3. Content Management;
    4. Any other applications provided by us or our contractors to you under an application service provider (“ASP”) delivery model.

19. ‘Retained IP’ means
    1. Any intellectual property that, in isolation, is either previously existing, previously developed by us or our contractors, generic in nature, licensed to us or our contractors for reuse or freely available in the public domain, including reusable code, scripts, libraries, stock art, etc; and
    2. Any deliverables, including draft designs, logos, works that are not accepted or paid for by Client.

© Copyright Thrain Pty Ltd trading as Digital Solutions Group 2024          ABN: 88 002 160 376