Terms of Service

Last updated: 23 April 2026

1. Introduction and acceptance

These Terms of Service (the "Terms") govern your access to and use of the website located at https://digitaladventures.com.au and all related subdomains, pages, features, and services operated by Digital Adventures (the "Services").

By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.

Digital Adventures refers to Digital Adventures, a business registered in Victoria, Australia (ABN 93 697 144 531; ACN 697 144 531 if incorporated), with its registered office at Melbourne, Victoria, Australia. References to "we", "us", and "our" are to Digital Adventures. References to "you" and "your" are to the individual or entity using the Services.

2. Definitions

3. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement under Australian law to use the Services. By using the Services you represent that you meet these requirements.

If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

4. The Services

4.1 Marketing website

The Services primarily consist of an informational marketing website. Content is provided for general information and does not constitute professional advice.

4.2 Enquiries and contact

Any enquiry submitted through the Services does not create a contract, engagement, or commitment of any kind. We reserve the right to decline any enquiry or prospective engagement for any reason, subject to any applicable anti-discrimination laws.

4.3 Client Services (separate agreements)

Client Services, including but not limited to website design, mobile app development, AI SEO, and custom AI solutions, are delivered under a separate written agreement ("Engagement Agreement"). These Terms do not govern such work. In the event of conflict between these Terms and a signed Engagement Agreement, the Engagement Agreement prevails.

4.4 Availability

We aim to keep the Services available but cannot guarantee uninterrupted access. We may modify, suspend, or discontinue any part of the Services at any time, with or without notice, subject to our obligations under the ACL.

5. Your use of the Services

You agree not to, and not to permit any third party to:

• Use the Services in violation of any applicable Australian law or regulation
• Reverse-engineer, decompile, or attempt to extract source code or underlying algorithms from the Services
• Introduce viruses, malware, or other harmful code
• Attempt to gain unauthorised access to the Services, any server, or any related system
• Use automated systems (bots, scrapers, crawlers) to access the Services in a manner that imposes unreasonable load, except for public search engine crawlers observing our robots.txt
• Collect or harvest personal information about other users
• Impersonate any person or entity, or falsely state your affiliation
• Use the Services to transmit unsolicited commercial communications in breach of the Spam Act 2003 (Cth)
• Use the Services to infringe the intellectual property or privacy rights of any third party
• Use the Services to compete with Digital Adventures, including to benchmark, train competing AI systems on our Content, or replicate our offerings

We reserve the right to investigate, restrict, or terminate access to the Services for any user who violates these Terms.

6. Intellectual property

6.1 Our intellectual property

All Content on the Services, including text, graphics, logos, icons, images, audio clips, video clips, data, software, and the Digital Adventures name and marks, is owned by Digital Adventures or its licensors and is protected by Australian and international copyright, trade mark, and other laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal or internal business use, subject to these Terms. This licence does not include any right to:

• Resell or make commercial use of the Services or Content
• Copy, reproduce, distribute, or create derivative works from the Content
• Use the Services or Content to train, fine-tune, or otherwise develop machine learning models

6.2 User Content

You retain ownership of any User Content you submit. By submitting User Content, you grant Digital Adventures a worldwide, royalty-free, non-exclusive licence to use, reproduce, and display that User Content for the purpose of responding to your enquiry, delivering any resulting Client Services, and operating and improving the Services.

6.3 Feedback

If you provide suggestions, comments, or ideas about the Services ("Feedback"), you grant us an unrestricted, irrevocable, worldwide, royalty-free licence to use that Feedback without compensation or attribution.

7. Third-party links and services

The Services may include links to third-party websites, products, or services. We are not responsible for their content, accuracy, or practices. Your use of third-party sites is at your own risk and subject to those parties' terms.

8. Fees

There is no fee for using the marketing website. Any fees for Client Services will be set out in the applicable Engagement Agreement and are quoted exclusive of GST unless stated otherwise. GST will be added at the applicable Australian rate where it applies.

9. Confidentiality

If you share confidential information with us in connection with a prospective engagement or enquiry, we will use reasonable efforts to protect it. Formal confidentiality obligations are set out in the Engagement Agreement or a signed non-disclosure agreement.

10. Australian Consumer Law

Your rights under the Australian Consumer Law are not excluded.

Where you are a "consumer" as defined in the Australian Consumer Law, the ACL gives you certain guarantees in relation to goods and services supplied to you, including that services will be rendered with due care and skill, will be reasonably fit for any disclosed purpose, and will be supplied within a reasonable time. These guarantees cannot be excluded, restricted, or modified.

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy conferred by the ACL or any other applicable law which cannot lawfully be excluded, restricted, or modified.

To the extent we are entitled to limit liability for breach of a non-excludable consumer guarantee, our liability for such breach is limited, at our option, to:

• in the case of services: supplying the services again, or paying the cost of having the services supplied again; and
• in the case of goods: replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of having the goods repaired or replaced.

11. Disclaimers

Subject to Section 10 (Australian Consumer Law), the Services and Content are provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permitted by Australian law, Digital Adventures disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• Any information provided through the Services is accurate, complete, or current
• The Services will meet your requirements
• Any defects will be corrected

AI-generated content, examples, demonstrations, or outputs shown on the Services may contain inaccuracies and should not be relied upon as professional advice. See our Disclaimer for additional detail.

12. Limitation of liability

Subject to Section 10 (Australian Consumer Law) and to the fullest extent permitted by Australian law:

• Digital Adventures will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with your use of the Services.
• Digital Adventures' total aggregate liability arising from or relating to these Terms or your use of the Services will not exceed AUD $100, except where a higher amount is required by applicable law.

For Client Services, liability is governed by the applicable Engagement Agreement, not by these Terms.

Nothing in this Section 12 excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the ACL or other applicable Australian law which cannot lawfully be excluded, restricted, or modified.

13. Indemnification

You agree to indemnify, defend, and hold harmless Digital Adventures and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your violation of these Terms
• Your use of the Services
• Your User Content
• Your violation of any Australian law or the rights of a third party

This indemnity does not extend to loss or damage caused by our negligence or wilful misconduct.

14. Termination

We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice, subject to any applicable laws. Upon termination, provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, the ACL provisions, and governing law) will continue to apply.

15. Governing law and jurisdiction

These Terms are governed by the laws in force in the State of Victoria, Australia and the Commonwealth of Australia, without regard to conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia (and the Federal Court of Australia where applicable) to resolve any dispute arising out of or relating to these Terms or the Services, except where applicable law requires otherwise.

16. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent version. For material changes, we will provide additional notice, such as an email or a prominent notice on the Services. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

17. Miscellaneous

Entire agreement. These Terms (together with the Privacy Policy, Cookie Policy, Disclaimer, and any Engagement Agreement) constitute the entire agreement between you and Digital Adventures regarding the Services.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be read down to the minimum extent necessary to be valid, and the remaining provisions will remain in full effect.

No waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely.

Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, internet outages, cyberattacks, pandemic, or government action.

No third-party beneficiaries. These Terms are for the benefit of you and Digital Adventures only, and create no rights in any third party.

18. Contact

If you have any questions about these Terms, contact us at:

Email: legal@digitaladventures.com.au Postal: Digital Adventures, Melbourne, Victoria, Australia

End of Terms of Service. Last updated 23 April 2026.