In using this website you are deemed to have read and agreed to these Terms and Conditions. The following terminology applies to these Terms and Conditions and any or all Agreements:
- “You”, “Your” and “Yourself” refers to you, the person accessing this website and accepting Our Terms and Conditions.
- “Our”, “Ourselves”, “We” and “Us”, refers to Utopia Digital Marketing Ltd.
- “Party”, “Parties”, or “Us”, refers to both You and Us, or either You or Us.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of Our assistance to You in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting Your needs in respect of provision of Our stated services/products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy and Confidentiality
Exclusions and Limitations
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, We exclude:
- all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Our literature; and
- all liability for damages arising out of or in connection with Your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Us of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
We do not however exclude liability for death or personal injury caused by Our negligence. The above exclusions and limitations apply only to the extent permitted by law. None of Your statutory rights as a consumer are affected.
We accept payment via the methods listed when placing an order through our website. All goods, whether physical or digital, remain Our property until paid for in full.
Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
Termination of agreements and refunds policy
Both Parties have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. Products must be proven to be faulty or incorrectly prescribed by Us, if applicable, for a refund to occur.
Unless otherwise stated, the products and services featured on this website are only available within Australia. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this website. Redistribution or republication of any part of this website or its content is prohibited, including such by framing or other similar or any other means, without Our express written consent. We do not warrant that the service from this website will be uninterrupted, timely or error free, although it is provided to the best of Our ability. By using this website you thereby indemnify Us, Our employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the website, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, Our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. We do not share this information with third parties and the information is used within Our organisation on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without Your explicit permission.
Links from this website
We do not monitor or review the content of the websites of other parties which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these websites. We encourage users to be aware when they leave Our website and to read the privacy statements of all websites. You should evaluate the security and trustworthiness of any other website connected to this website or accessed through this website Yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all text relating to Our services and the full content of this website.
We have several different e-mail addresses for different queries. These and other contact details can be found on the Contact page on Our website, via Our literature or via Our stated telephone, facsimile or mobile telephone numbers.
If You have opted in to Our website’s newsletter then We may export and/or synchronise Your information with Our other direct marketing applications as We see fit. You may opt out at any time by signing into Your account and changing Your subscription settings, or follow the unsubscribe/update profile links in Our newsletters.
We may also contact You directly via this website or any other medium necessary to notify You about important updates to Our terms or products, or Your orders.
Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or human made eventuality outside of Our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
By accessing this website you consent to these terms and conditions. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure by Us to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by Our duly authorised representatives.
Notification of changes
These terms and conditions form part of the Agreement between You and Us. By accessing this website and/or undertaking any particular activity, such as placing orders or submitting forms, indicates Your understanding, agreement to and acceptance of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.