Website Terms Of Use.

These Website Terms of Use apply to your access to and use of emotedigital.com.au ↗ (the Website). The Website is operated by BPG Investments Pty Ltd as trustee for the Roberts Family Trust, trading as Emote Digital (ABN 20 336 416 194). In these terms, we, us and our refer to us.

These terms govern use of the Website only. Any client engagement, quotation, proposal or service is governed by the documents accepted for that engagement, including any applicable service-specific terms and the Big Picture Group General Terms and Conditions of Trade.

1. Acceptance and changes.

By accessing or using the Website, you agree to these terms. If you do not agree, you must not use the Website.

We may update these terms by publishing a revised version on the Website. The revised terms apply to Website use from the date they are published. They do not retrospectively change an accepted client engagement.

2. About the Website.

The Website provides information about websites, eCommerce, digital transformation, website support, digital marketing and related digital services, together with examples of our work, insights and general business information.

Website content is general information only. It is not legal, financial, technical or other professional advice, and it is not a binding offer, quotation, guarantee or representation about results. You should obtain advice appropriate to your circumstances before relying on Website content.

We take reasonable care in preparing Website content but do not guarantee that it is complete, current, accurate or suitable for every purpose. Project examples and results are context-specific and do not guarantee the same outcome for another organisation.

3. Permitted use.

You may view and use the Website for lawful personal purposes or to evaluate our services for your organisation. You must not:

• use the Website for an unlawful, fraudulent or harmful purpose;
• infringe another person’s intellectual property, privacy or other rights;
• interfere with the Website, its security or the experience of other users;
• introduce malicious code, attempt unauthorised access, probe vulnerabilities or bypass access controls;
• use automated tools to scrape, harvest, reproduce or index substantial Website content without our written permission;
• misrepresent your identity, authority or association with another person or organisation; or
• use Website content to create a misleading impression that we endorse you, your organisation or your services.

4. Intellectual property.

Unless stated otherwise, the Website and its content, including text, designs, graphics, logos, images, video, audio, code, case studies, trade marks and downloadable materials, are owned by or licensed to us and are protected by intellectual property laws.

You may make the temporary copies ordinarily required to browse the Website and may print a reasonable extract for internal, non-commercial reference. Except as permitted by law, you must not reproduce, adapt, publish, communicate, distribute, sell, license, frame or create derivative works from Website content without our prior written permission.

We and associated logos and brand elements are trade marks or indicia belonging to us or our licensors. No right to use them is granted by these terms.

5. Enquiries and material you submit.

If you submit an enquiry, brief, application, document or other material through the Website, you warrant that the information is accurate, that you are authorised to provide it and that doing so does not infringe another person’s rights or breach any law or obligation.

Do not send sensitive, highly confidential or security-critical information through a general Website form unless we have asked you to do so and provided an appropriate method. We will handle personal information in accordance with our Privacy Policy.

Sending an enquiry does not create a client relationship or oblige either party to proceed. A client engagement begins only when the relevant quotation, proposal or agreement is accepted.

6. Third-party links, content and services.

The Website may link to or embed third-party websites, platforms, applications, social media, maps, video, booking tools or other services. These are provided for convenience. We do not control third parties and are not responsible for their availability, content, security, privacy practices or terms.

A link or reference does not necessarily mean that we endorse the third party. You use third-party services at your own discretion and should review their applicable terms and privacy policies.

7. Website availability and security.

We may change, suspend, restrict or discontinue any part of the Website, including for maintenance, security or operational reasons. We do not guarantee uninterrupted or error-free availability.

We take reasonable steps to maintain Website security, but no website or internet transmission is completely secure. You are responsible for using appropriate security controls, keeping your devices and software current and maintaining your own backups.

8. Privacy, cookies and analytics.

Our collection and handling of personal information is explained in our Privacy Policy: our Privacy Policy page →

The Website may use cookies and similar technologies for functionality, security, analytics, personalisation and advertising measurement. You can manage cookies through your browser or any cookie controls made available on the Website, although disabling some cookies may affect functionality.

9. Australian Consumer Law and disclaimers.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

Subject to those non-excludable rights, the Website and its content are provided on an ‘as is’ and ‘as available’ basis. To the maximum extent permitted by law, we exclude warranties or representations not expressly stated in these terms.

10. Limitation of liability.

To the maximum extent permitted by law, we are not liable for indirect, consequential, special or punitive loss, or for loss of profit, revenue, opportunity, goodwill or data, arising from Website use, inability to use the Website, reliance on Website content or use of a linked third-party service.

We are not liable to the extent that loss is caused or contributed to by your act or omission, your failure to take reasonable precautions, inaccurate information you provide, or a third-party platform or service outside our reasonable control.

The limitations in this section do not apply to liability that cannot lawfully be limited or excluded.

11. Governing law.

These terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts and tribunals of Victoria and courts entitled to hear appeals from them.

12. Contact.

If you have a question about these terms or the Website, contact Emote Digital:

• Email: hello@emotedigital.com.au
• Telephone: (03) 9855 2304
• Post: Suite 6, 13-25 Church Street, Hawthorn, Melbourne VIC 3122