[Last updated 16 August 2021]
www.dudesigns.com.au is made available by DU Designs Pty Ltd ABN 88 489 931 075, Murrumba Downs, Queensland on an ‘as is’ and an ‘as available’ basis. We may need to alter, amend, suspend, change, maintain, upgrade, or restrict access to our website. We are not liable to you for any loss or damage incurred.
Developing Graphic & Web Design takes time, collaboration, and creative input. Our aim is to collaborate with you and to collaborate to support or assist you with your business goals, however, we are not responsible for the success of your business, website, graphic design, logo, marketing. We do not warrant that because of our products or services you will achieve greater sales or uptake in your brand recognition or services. We do not warrant that our services will result in you achieving business growth or increased profitability or that any specific target or audience will be reached or increased because of the products or services that we provide.
All measures or targets of success belong to you and are your sole responsibility to monitor and achieve where possible, not us. You agree that you are solely responsible for the financial or other success and the profitability of your business, not us.
You agree that unless agreed in writing to the contrary and evidenced by us quoting and charging you additional fees for an additional service, then our services do not include any SEO or marketing services. SEO or marketing services are excluded from our packages and scope of work and are not standard inclusions. If you wish to engage us to provide SEO or marketing services, then we will record this and we will charge you additional fees for these services.
We may suggest or use third party platforms to create or deliver our Services to you or for you to communicate with us. Our website may also contain links to other websites (Linked Sites). Any third-party provider has its own terms and conditions. Any third-party provider or Linked Sites are not under our control, and we are not responsible for their content, legal policies or how they operate, deliver services, or interact with you. It is your responsibility to read the terms and conditions and be satisfied they are acceptable for your use. Unless otherwise specified in this agreement, you are solely responsible for the setup, maintenance, and on-going cost of maintaining your own third-party platform accounts. We are not responsible for any loss or damage incurred by due to changes made by third party platforms or because of the services that we provide to you using these platforms. We are not responsible for any form of transmission received from any third-party providers or Linked Site. Links are provided to you only as a reference, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.
Limitation of liability
To the extent that the law allows, we exclude all other warranties, representations, implied terms and guarantees about currency, accuracy, suitability, functionality or reliability of our Website, and resources or our digital platform content and our products and services. Without limitation we do not warrant that our website or its functions or your access to your any account, platform, program, software licence, software program, hardware, or other product or service provided by us, will be uninterrupted or error free, or that errors will be corrected, or that our website is impenetrable to service interruption, delays, errors, or viruses.
We will not be liable to you or any other person or entity for any damages whatsoever arising because of your use of our website in any way, subject to the requirements of Australian Consumer Law. Where warranties cannot be excluded under the Australian Consumer Law (ACL), you are entitled:
- to cancel our services;
- to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage; and
- to have the materials repaired if the materials are not of acceptable quality and the failure does not amount to a major failure.
In all other circumstances, to the fullest extent permitted by law, and without limiting the application of the ACL, you agree the total aggregate liability to us for any claim(s) by you in respect of any service or product we provide to you, together with any other claim arising because you have used or accessed our website, services or products is limited to the total amount paid by you to us for that service or product, even if that amount is zero.
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