Website Terms & Conditions (Australia)

1.1 Agreement: These Terms form a binding agreement between you and us. They apply each time you access the Website or place an order.

1.2 Capacity: By using the Website you confirm that you are at least 18 years old (or have the consent of a parent or guardian) and have the legal capacity to enter into these Terms.

1.3 Effective date: These Terms are effective from 1 July 2026 and remain in force until replaced by an updated version published on the Website.

2.1 What we provide: Through the Website we supply subscription software, digital downloads, and related professional services, together with any physical merchandise listed in our online store.

2.2 Orders: When you place an order you make an offer to buy. A contract is formed only when we accept your order (for example, by sending an order or dispatch confirmation). We may decline or cancel an order before acceptance, including where an item is unavailable or a price or description error has occurred.

2.3 Information only: Unless we say otherwise, content on the Website is general information only and is not advice on which you should rely.

3.1 Prices and payment: Prices are shown in Australian dollars and include GST where applicable. Payment is taken at checkout via the payment methods shown. Subscriptions renew automatically until cancelled, and we will email you before each renewal.

3.2 Errors: If we discover an error in the price or description of something you have ordered, we will tell you and give you the option to continue at the correct price or cancel the order.

4.1 Your obligations: You agree to use the Website lawfully and only for its intended purpose; provide accurate account and payment information; keep your login details confidential; and not interfere with, scrape, or attempt to gain unauthorised access to the Website or other users' accounts.

4.2 Your account: Some features require an account. You are responsible for activity under your account and for keeping your login details secure. Tell us promptly if you suspect any unauthorised use.

4.3 Prohibited conduct: You must not use the Website to break the law, infringe anyone's rights, transmit harmful code, or interfere with the operation or security of the Website.

Consumer guarantees: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law where to do so would be unlawful.

Governing law: These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. You and we submit to the courts of that jurisdiction.

Contact: You can contact us about these Terms or the Website at support@harbourdigital.com.au.

Consumer guarantees (sections 54-62): Where you are a "consumer" under the Australian Consumer Law, our goods come with guarantees that they are of acceptable quality (section 54), fit for any disclosed purpose (section 55), and match their description (section 56); and our services come with guarantees that they are supplied with due care and skill (section 60) and are fit for purpose (section 61). These guarantees cannot be excluded.

Major failure: For a major failure (as defined in section 260) you may choose a refund or replacement of goods, or to cancel a service and obtain a refund for the unused part; for a minor problem we may choose to repair, replace, or resupply within a reasonable time. A "no refunds" statement does not override these rights.

Pricing: All prices are in Australian dollars and include GST. We may change prices at any time, but a change does not affect an order we have already accepted. Any recommended retail price is a guide only.

GST: Prices include GST where applicable, and a tax invoice is available on request.

Returns and remedies: For change-of-mind returns of physical goods, contact us within 14 days for an exchange or store credit (this is in addition to your Australian Consumer Law rights). Digital products are not returnable once accessed, except where a consumer guarantee applies.

Limitation of liability: To the extent permitted by law, and subject to the consumer guarantees that cannot be excluded, our total liability arising out of or in connection with these Terms is limited to AUD 500.00 in aggregate. For failures to comply with a consumer guarantee that can be limited, our liability is limited to resupply or the cost of resupply under section 64A of the Australian Consumer Law.

No exclusion of non-excludable rights: We do not exclude or limit any liability that cannot be excluded or limited under the Australian Consumer Law or any other law.

Consequential loss: To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profits, business interruption, or loss of data, except where that loss arises from our breach of a consumer guarantee or our negligence.

Unfair contract terms: We have reviewed these Terms against the unfair contract terms regime in the Australian Consumer Law and the ASIC Act 2001 (Cth). Since 9 November 2023, a term that is unfair in a standard-form consumer or small-business contract is not only void but unlawful, exposing a business to penalties of up to AUD 50 million (or 3 times the benefit, or 30% of adjusted turnover). We have drafted these Terms to be reasonably necessary to protect our legitimate interests, transparent, and balanced.

Our intellectual property: All content on the Website — including our software, text, graphics, logos, and trade marks — is owned by us or our licensors and protected by the Copyright Act 1968 (Cth). We grant you a limited, revocable, non-exclusive licence to use the Website and your subscription for its intended purpose only.

Your content: If you submit reviews, feedback, or other content, you keep ownership but grant us a worldwide, royalty-free, non-exclusive licence to use, reproduce, and display it in connection with our business. You warrant your content is lawful and does not infringe anyone's rights.

Acceptable use: You must not post unlawful, misleading, defamatory, or infringing content, reverse-engineer our software, or use the Website to compete with us. We may remove content and suspend accounts that breach these Terms.

Termination: We may suspend or terminate your account if you breach these Terms, fail to pay, or where reasonably necessary to protect the Website or other users. You may cancel your subscription at any time, effective at the end of the current billing period.

Suspension and availability: We may modify, suspend, or discontinue all or part of the Website at any time, including for maintenance, and we are not liable to you for doing so, except as required by the Australian Consumer Law.

Variation: We may update these Terms from time to time by publishing the updated version on the Website. Changes apply to your use of the Website after they are published; for orders, the Terms in force when we accept your order apply. We will take reasonable steps to notify you of material changes.

Dispute resolution: Before starting court proceedings (except for urgent relief or to enforce a consumer right), the parties will attempt to resolve any dispute by good-faith negotiation, and then by mediation in New South Wales. This clause does not limit your right to take a consumer complaint to your State or Territory consumer-protection agency or to the relevant tribunal.

General: If any provision of these Terms is found to be void or unenforceable, it is severed and the remaining provisions continue in force. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia.

The current version of these Terms is always available on the Website. These Terms are effective from 1 July 2026. By continuing to use the Website after we publish an updated version, you accept the updated Terms.