Terms & conditions

Website Terms and Conditions

1. Agreement

1.1 POWER’D DIGITAL PTY LTD ABN 50 655 840 887) (we, us or our) agrees to provide access to you to our website found at https://www.powerd.digital/ (Our Site) on the Terms and Conditions set out below and in accordance with our Privacy Policy.

1.2 Your use of Our Site constitutes your agreement to be bound by these Terms and Conditions and our Privacy Policy, each as amended from time to time. Please do not proceed to use or access Our Site if you do not agree to these Terms and Conditions and our Privacy Policy.

2. Acceptable use

2.1 You must only use Our Site for lawful purposes and in a way which does not infringe the rights of any third party or restrict or inhibit anyone’s use of the Our Site.

2.2 When you use Our Site, you must not:

(a) copy, modify, or create derivative works based on the content available through Our Site (Content);

(b) infringe the intellectual property rights, privacy or confidentiality of any third party;

(c) introduce any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised use, disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, key loggers, Trojans or any types of programmed threats that may be harmful, or other elements of software used to prevent unauthorised access and use (Harmful Code);

(d) post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene or threatening.

3. Our Site

3.1 The information on Our Site is intended to provide a summary of the subject matter covered.  We are under no obligation to review, update or make changes to any of the information or materials on Our Site at any time.  All materials are provided for informational purposes only and should not be construed as professional advice.

3.2 You agree that you use and access Our Site and the Content at your own risk and it is your responsibility to evaluate the accuracy, completeness or usefulness of the information and materials on Our Site.

3.3 We may, from time to time and without notice, change or add to Our Site (including these Terms and Conditions) or the information, products or services described in it.  By continuing to use Our Site, you will be deemed to accept the updated Terms and Conditions and agree to be bound by them.

3.4 We may at any time and without notice, modify, suspend or terminate the operation of, or access to Our Site, or any part of, for any reason, to interrupt the operation of Our Site, or any part of, as necessary to perform maintenance, error correction or other changes.

4. Security and privacy

4.1 You acknowledge that the internet is an unsecure public network where there is a risk that your use of, and interactions with, Our Site may be viewed, intercepted or modified by third parties and that Our Site and any information on Our Site may contain Harmful Code.

4.2 To the extent permitted by law, we do not guarantee that there will not be, or accept any liability for, any Harmful Code on Our Site or a breach of security by a third party or any interference with or damage to your computer system, software or data occurring in connection with or relating to Our Site.

4.3 Your use of Our Site and our services may involve the transmission to us of certain personal information (as that term is commonly defined in applicable privacy laws and regulations).  Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy, which is available on Our Site and incorporated into these Terms and Conditions.

5. Linked Sites

5.1 Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. 

5.2 Any links to websites operated by third parties are not intended as referrals or endorsements but are merely provided for convenience and information purposes.

5.3 You agree we are not liable for any loss or damage howsoever arising that may be suffered or incurred by you by accessing, visiting or using such websites operated by third parties.

6. Third Party Rights

6.1 Our Site may contain content provided by third parties (Third Party Content).  The display of Third Party Content on Our Site does not suggest (whether express or implied) a recommendation by us of the third party or any products, services, websites or content offered by them. 

6.2 Your interaction with and use of any Third Party Content is at your own risk and you agree we have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party for any loss or damage howsoever arising.

6.3 We are not responsible for monitoring, approving, updating or reviewing any Third Party Content.  We do no guarantee, endorse, approve or adopt the accuracy or completeness of any Third Party Content and we do not warrant or represent that your use of Our Site will not infringe the rights of third parties.

7. Intellectual property rights

7.1 We own, or are the licensee of, the intellectual property rights in the content available on Our Site, including text, graphics, photographs, logos, icons, sound recordings and software.  These Terms and Conditions do not transfer any intellectual property rights from us to you or any third parties. 

7.2 You must not (without our consent):

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Content or other material downloaded from Our Site; or

(b) use our name, logo, graphics, and logos which appear on Our Site.

8. Disclaimer

8.1 Access to Our Site is provided on an “as is” and “as available” basis.  To the maximum extent permitted by law, we make no warranties or representations about Our Site or the Content, and we expressly disclaim all such warranties or representations (whether express or implied), including (but not limited to) any warranties or representations that:

(a) Our Site, the Content or any linked third party website will be current, complete, accurate, reliable or up-to-date;

(b) the Content or other information provided on Our Site will be suitable for your needs or fit for any particular purpose; and

(c) access to Our Site will be secure, uninterrupted, error-free or free from any viruses.

9. Liability and Indemnity

9.1 To the maximum extent permitted by law and notwithstanding any other clause of these Terms and Conditions, in no event shall we be liable, whether in contract, tort (including negligence), under statute, in equity, warranty, indemnity or otherwise, for any:

(a) loss, damage, cost or expense;

(b) personal injury or death; and

(c) loss of use, business interruption, loss of profits, loss of contract, loss of opportunity or other indirect, incidental, consequential or punitive damage or loss, which may be suffered or incurred by you or any third party, arising out of or in connection with your use of the Content, Our Site and/or the information or materials contained on it.

9.2 You agree to indemnify us against any damage or loss suffered or incurred by us arising out of or in connection with any:

(d) breach by you of these Terms and Conditions;

(e) failure by you to comply with any applicable laws; and

(f) any infringement of intellectual property rights caused or contributed to by you.

10. Refunds

10.1 Except where required by law, AusGP Access 2022 Token Pack sales are final.

11. General

11.1 Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.

11.2 These Terms and Conditions contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.

11.3 Any failure by us at any time to enforce these Terms and Conditions or any rights will not be a waiver of such rights or affect the validity of these Terms and Conditions.

11.4 If any provision of these Terms and Conditions are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.

11.5 These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia and the courts of New South Wales will have exclusive jurisdiction over any dispute arising out of these Terms and Conditions.