Terms of Use

Your Agreement with Outfoxed Digital

DEFINITIONS

“We”/”Us”/”Our”/”Outfoxed Digital.” means Outfoxed Digital. (ABN 52 120 084 022) of Suite 133, 84 Manning Street, Tuncurry, NSW, 2428, Australia and/or any of its subsidiaries and/ or affiliates involved in providing the Services.

“You”/”Your”/”Yourself”/”User” means the user of the Website and/or customer of the Services.

“Services” means any services offered by Outfoxed Digital. On its Website including but not limited to cloud application deployment, management and infrastructure management.

PRELIMINARY

These terms of service (the Terms) relate to your use of the Services provided by Outfoxed Digital. Under the domain name Outfoxeddigital.com.au (‘the Website’).

We have the right to revise and amend these Terms and/or the Services from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which we may decide. Your continued access to or use of the Website and/or the Services constitutes your acceptance of any such change and/or amendment.

IN USING THE WEBSITE AND/OR THE SERVICES, YOU AGREE AS FOLLOWS,

1) Acceptance of the Terms. Your continued access to or use of the Website and/or the Services constitutes your acceptance of our Acceptable Use Policy, of our Privacy Policy, of our SLA and these Terms. Certain Services may require additional terms and conditions in which case your clicking of “I ACCEPT” buttons and/or other prompts and/or any other similar methods of acquiring your consent will constitute your acceptance of the said terms and conditions.

2) You may not use the Services and may not accept the Terms if:

a) You are not of legal age to form a binding contract between yourself and Outfoxed Digital, or

b) You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use / will use the Services of Outfoxed Digital. Provides valued added service via various third party cloud providers and applications. As a client of Outfoxed Digital you agree to uphold the license / user agreements of any such cloud providers and application providers to the extent it applies to your use of any services offered by Outfoxed Digital. Please also read any cloud services and applications license agreements as may be applicable. As a user of Outfoxed Digital services, you agree to uphold the terms of any such cloud services and applications license agreement to whatever extent they apply to your usage of cloud services, applications and/or Services.

PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH OUTFOXED DIGITAL SERVICES MAY ORIGINATE FROM THIRD PARTY CLOUD SERVICES AND APPLICATIONS. ALL SUCH THIRD PARTY CONTENT IS PROVIDED TO YOU “AS IS.” AND YOUR USE THEREOF MAY BE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME BEYOND THE CONTROL OF OUTFOXED DIGITAL. OUTFOXED DIGITAL, SHALL UNDER NO CIRCUMSTANCES WHATSOEVER ACCEPT LIABILITY RESULTING FROM YOUR USE OF ANY SUCH THIRD PARTY SERVICES AND/OR CONTENT.

1. You must provide accurate and complete registration information any time you register to use any of the Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Outfoxed Digital immediately. Accordingly, you agree that you will be solely responsible for all activities which occur under your account.

2. You agree to use the application only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia or other relevant countries).

3. You may neither share nor re-sell your Outfoxed Digital account to any third parties.

4. Unless you have been specifically permitted to do so in a separate agreement with Outfoxed Digital, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5. You agree not to engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

6. Any license to use any third-party applications is granted directly from the original provider of the third-party application(s) directly to you. You agree to abide by all the terms and conditions of any such license. You will be solely responsible for paying for and obtaining the rights to any third-party applications you install and/or operate through and/or in connection with the Services, and for compliance with the applicable terms and conditions of each third-party application license.

7. Some of the Services may require that you establish your own account with one or more third party cloud providers. You will be solely responsible for paying for and establishing an account (“Customer Cloud Provider Account”) with each third-party Cloud Provider you select, and for compliance with the terms of use applicable thereto. You agree to abide by the terms of service and acceptable use policy (AUP) of each third-party Cloud Provider that you use through the Services (if any). You must provide Outfoxed Digital with your Customer Cloud Provider Account credentials (the “CP Key”) that are necessary for Outfoxed Digital to access and manage your use of the third-party Cloud Provider servers, including, without limitation, accessing servers as necessary to identify or resolve technical problems or to respond to any issues related to or connected with the Services. Outfoxed Digital will use reasonable efforts to maintain the confidentiality and security of your CP Keys.

8. Outfoxed Digital has also established its own accounts (“Outfoxed Digital Provider Accounts”) with one or more third-party cloud providers, which Outfoxed Digital may use to provide you with the services. Outfoxed Digital will be responsible for paying for and establishing the account with such Cloud Providers, provided that you will be responsible for paying Outfoxed Digital the portion of the Cloud Provider fees allocated to you (of which you will be notified in advance), and for compliance with the terms of use applicable thereto.

9. Outfoxed Digital may offer (or act as intermediary in the offering of) certain application trials including the ability for you to install the said applications on a temporary basis for trial purposes. YOU ACKNOWLEDGE THAT THESE SERVERS AND APPLICATIONS ARE INTENDED TO BE TEMPORARY INSTALLATIONS AND THAT OUTFOXED DIGITAL MAY DELETE APPLICATIONS AND SHUT DOWN RELEVANT SERVERS AT ANY TIME.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall Outfoxed Digital or any other contributor or supplier of Outfoxed Digital, be liable to any person for any indirect, special, incidental, or consequential damages of any kind including, without limitation, damages for loss of goodwill, work stoppage, interruption of the services, computer failure or malfunction ,loss of data, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. You further understand and agree that while every reasonable precautions shall be undertaken by Outfoxed Digital, We are not /shall not be responsible for any loss or damage incurred by you, including but not limited to loss or damage as a result of:

1. Any changes to the Services made by Outfoxed Digital, or any temporary or permanent cessation in the provision of the Services (or any features within the Services),

2. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of service,

3. Interruption of services, malware (including viruses and/or Trojans), ransom ware and/or other errors over which Outfoxed Digital has no control,

4. Any third party services and/or content of any kind. You understand that any hyperlinks to third party websites shall be regulated by the terms and conditions of third parties and that access to/use of such third party website shall be at your own risk.

Without prejudice to the foregoing, should a court of law or other adjudicating body still find against Outfoxed Digital regarding any matter relating to the Services, Outfoxed Digital’s maximum liability against the claimant shall not exceed the total amount in fees which the claimant was paying/shall pay for 1 month of the Services in question.

MUTUAL CONFIDENTIALITY

Both parties (Outfoxed Digital and User) agree not to disclose to any third party-confidential information of Outfoxed Digital, or the User, except as may be necessary for Outfoxed Digital to offer the Services. Both parties further agrees that they will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of either party, except for the sole purpose of performing the Services.

GENERAL LEGAL TERMS

1. Outfoxed Digital may make changes to the Terms from time to time. When these changes are made, Outfoxed Digital will make a new copy of the Terms available at https://outfoxeddigital.com.au/terms-of-use/ Outfoxed Digital will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email , Outfoxed Digital will treat your use as acceptance of the updated Terms.

2. If Outfoxed Digital provides you with a translation of the English language version of these Terms, the English language version of these Terms will prevail over any other language version in case of any conflict.

3. Outfoxed Digital is constantly striving to better its product offering and will contact the User using the email (or telephone number) provided after sign up for these and other purposes specifically relating to the Services such as: sending welcome emails, sending password reset information, notification of billing, follow-up on signup, and for other messaging needs; all the above in full compliance with Australian data protection legislation.

4. User irrevocably agrees to accept all notices, of whatever nature, legal or otherwise, by electronic mail or other digital delivery system at the discretion of Outfoxed Digital for any matter or any proceeding for which notice is required.

5. The Services may include hyperlinks to other websites, content or resources. Outfoxed Digital may have no control over any web sites or resources which are provided by companies or persons other than Outfoxed Digital. The User agrees to be bound exclusively by the terms and conditions of any such third party web site.

6. You acknowledge and agree that Outfoxed Digital is not responsible for the availability of any such external sites or resources as described in (5.), and does not endorse any advertising, products or other materials on or available from such websites or resources.

7. You agree that if Outfoxed Digital does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Outfoxed Digital has the benefit of under any applicable law), this will not be taken to be a formal waiver of Outfoxed Digital rights and that those rights or remedies will still be available to Outfoxed Digital.

8. Outfoxed Digital employs industry standards technology and best practices to store and protect your Cloud and Application login information. In no case shall Outfoxed Digital be held liable for any damages incurred as a result of such network or software related breach. In case of a breach Outfoxed Digital will immediately notify you via email or phone call, as Outfoxed Digital deems sufficient, to take necessary actions from your end.

9. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

10. Outfoxed Digital may automatically back up and shut down applications and servers at various times, including without limitation, when you log out of the Service, if you do not respond to a prompt after a certain period of time, or if you explicitly request, or if Outfoxed Digital detects that your application or server is malfunctioning. The data and software backed up during this process (a “Backup”) can be restored, but such restoration is not guaranteed to reproduce the exact state of the application or server at the time the Backup was created, particularly if you have used the “terminal” capability or otherwise directly accessed the Server.

11. Outfoxed Digital reserves the right to modify or discontinue the features, functionality and other attributes of the Services at any time in its sole discretion. You acknowledge and agree that Outfoxed Digital will not be liable to you in connection with its modification or discontinuation of the Services.

SUPPORT

Outfoxed Digital provide “managed support” services, this means that a representative of Outfoxed Digital will assist you to resolve any problems related to your server/s, this is limited to services you have paid for.  Any additional assistance required for your web application can be provided at additional costs to You.

BILLABLE PERIOD

We charge in advance, meaning that you will receive an invoice from the first day of every month for the Services that You use.

The Outfoxed Digital Platform is a ‘pay as you go’ service, meaning you will only pay for each month you require the service.

Outfoxed Digital is not liable to refund your unused prepaid account funds.

GOVERNING LAW

These Terms of Use are governed by and construed in accordance with Australia law. Any dispute (including non-contractual disputes) arising from these Terms of Use shall be subject to the exclusive jurisdiction of the Australian courts or other adjudicating bodies.

DEFINITIONS

“We”/”Us”/”Our”/”Outfoxed Digital” means Outfoxed Digital. (ABN 52 120 084 022) of Suite 133, 84 Manning Street, Tuncurry, NSW, 2428, Australia and/or any of its subsidiaries and/ or affiliates involved in providing the Services.

“You”/”Your”/”Yourself”/”User”/”Customer” means the user of the Website and/or customer of the Services.

“Services” means any services offered by Outfoxed Digital on its Website including but not limited to cloud application deployment, management and infrastructure management – commonly referred to as the ‘Outfoxed Digital Platform’.

Outfoxed Digital strives to provide a high quality service and backs it up with a comprehensive Service Level Agreement.

This SLA is an integral part of your agreement with us as referenced in our Terms of Service.

The compensations described in this SLA are your sole and exclusive compensations for the events covered by the SLA.

Outfoxed Digital may make changes to the Service Level Agreement from time to time. When these changes are made, Outfoxed Digital will make a new copy of the Service Level Agreement available at https://outfoxeddigital.com.au/terms-of-use/ . Outfoxed Digital will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email , Outfoxed Digital will treat your use as acceptance of the updated Service Level Agreement.

STANDARD LEVEL OF SERVICE (SERVICE STANDARD)

  • Outfoxed Digital’s goal is to ensure that our services are available to Customers twenty-four hours a day, seven days per week, and three hundred sixty-five days per year (Service Availability).
  • Please note that Service Availability refers to Outfoxed Digital ticket system and related services and in no case we are guaranteeing here the Service Availability of our Partner Cloud Providers (see third party SLAs in Clause 4 below).
  • Outfoxed Digital offers two standard support options, Live Chat (when online) and Ticketing System.
  • Chat Service is intended to provide an interactive method to request and receive basic information and troubleshooting assistance on a first-come, first-served basis. Particularly, and to avoid clogging the Live Chat system, interactive support sessions are subject to a maximum duration time such as:
    • Standard Support – 15 minutes max chat duration
  • When the chat duration goes above the limits set above, our Live Chat agents will create a ticket with all information provided during the chat session to be followed up by our senior engineers via our Ticketing System. Expected response times for tickets presented by Customers or created on the Customers’ behalf by our agents are as follows:
    • Up to 12 hours max
    • Usually immediate
  • Our Response Time goal is the time it takes to acknowledge and have the “work started” status only, not the time it takes to resolve the issue in question.
  • High Priority tickets must be related to events that render Customers’ infrastructure and/or services unusable/inaccessible. Other type of events rated as High Priority by Customers and that don’t match this description will be demoted to Normal Priority by Outfoxed Digital personnel and treated accordingly.
  • Outfoxed Digital realizes that our Service Availability and Response Time goals may not always be met. 

 

Welcome to https://outfoxeddigital.com.au (the “Site”). We understand that privacy online is important to users of our Site, especially when conducting business. This statement governs our privacy policies with respect to those users of the Site (“Visitors”) who visit without transacting business and Visitors who register to transact business on the Site and make use of the various services offered by Outfoxed Digital (collectively, “Services”) (“Authorized Customers”).

“Personally Identifiable Information”

refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.

What Personally Identifiable Information is collected?

We may collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorized Customers: the names, addresses, phone numbers and email addresses of Authorized Customers, the nature and size of the business, and the nature and size of the advertising inventory that the Authorized Customer intends to purchase or sell.

What organizations are collecting the information?

In addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.

How does the Site use Personally Identifiable Information?

We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email Visitors and Authorized Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information.

With whom may the information may be shared?

Personally Identifiable Information about Authorized Customers may be shared with other Authorized Customers who wish to evaluate potential transactions with other Authorized Customers. We may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf.

How is Personally Identifiable Information stored?

Personally Identifiable Information collected by Outfoxed Digital is securely stored and is not accessible to third parties or employees of Outfoxed Digital except for use as indicated above.

What choices are available to Visitors regarding collection, use and distribution of the information?

Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us at Suite 133, 84 Manning St, Tuncurry, NSW, 2428

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns.

Are Cookies Used on the Site?

Cookies are used for a variety of reasons. We use Cookies to obtain information about the preferences of our Visitors and the services they select. We also use Cookies for security purposes to protect our Authorized Customers. For example, if an Authorized Customer is logged on and the site is unused for more than 10 minutes, we will automatically log the Authorized Customer off. Visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using https://outfoxeddigital.com.au, with the drawback that certain features of website may not function properly without the aid of cookies.

Cookies used by our service providers

Our service providers use cookies and those cookies may be stored on your computer when you visit our website. You can find more details about which cookies are used in our cookies info page.

How does Outfoxed Digital use login information?

Outfoxed Digital uses login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user’s movement and use, and gather broad demographic information.

What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?

Outfoxed Digital has entered into and will continue to enter into partnerships and other affiliations with a number of vendors. Such vendors may have access to certain Personally Identifiable Information on a need to know the basis for evaluating Authorized Customers for service eligibility. Our privacy policy does not cover their collection or use of this information. Disclosure of Personally Identifiable Information to comply with the law. We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers.

How does the Site keep Personally Identifiable Information secure?

All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering, and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.

How can Visitors correct any inaccuracies in Personally Identifiable Information?

Visitors and Authorized Customers may contact us to update Personally Identifiable Information about them or to correct any inaccuracies by emailing us at contact@outfoxeddigital.com.au

Can a Visitor delete or deactivate Personally Identifiable Information collected by the Site?

We provide Visitors and Authorized Customers with a mechanism to delete/deactivate Personally Identifiable Information from the Site’s database by contacting. However, because of backups and records of deletions, it may be impossible to delete a Visitor’s entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.

Your rights

These are summarized rights that you have under data protection law

  • The right to access
  • The right to rectification
  • The right to erasure
  • The right to restrict processing
  • The right to object to processing
  • The right to data portability
  • The right to complain to a supervisory authority
  • The right to withdraw consent

What happens if the Privacy Policy Changes?

We will let our Visitors and Authorized Customers know about changes to our privacy policy by posting such changes on the Site. However, if we are changing our privacy policy in a manner that might cause disclosure of Personally Identifiable Information that a Visitor or Authorized Customer has previously requested not be disclosed, we will contact such Visitor or Authorized Customer to allow such Visitor or Authorized Customer to prevent such disclosure.

Links:

https://outfoxeddigital.com.au contains links to other websites. Please note that when you click on one of these links, you are moving to another website. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.

DEFINITIONS

“We”/”Us”/”Our”/”Outfoxed Digital” means Outfoxed Digital. (ABN 52 120 084 022) of Suite 133, 84 Manning Street, Tuncurry, NSW, 2428, Australia and/or any of its subsidiaries and/ or affiliates involved in providing the Services.

“You”/”Your”/”Yourself”/”User” means the user of the Website and/or customer of the Services.

“Services” means any services offered by Outfoxed Digital on its Website including but not limited to cloud application deployment, management and infrastructure management – commonly referred to as the ‘Outfoxed Digital Platform’.

PRELIMINARY

The terms of this Acceptable User Policy (the Terms) relate to your use of the Services provided by Outfoxed Digital under the domain name outfoxeddigital.com (‘the Website’).

We have the right to revise and amend these Terms and/or the Services from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which we may decide. Your continued access to or use of the Website and/or the Services constitutes your acceptance of any such change and/or amendment.

IN USING THE WEBSITE AND/OR THE SERVICES, YOU AGREE AS FOLLOWS,

1) Acceptance of the Terms: Your continued access to or use of the Website and/or the Services constitutes your acceptance of our Terms of Service, of our Privacy Policy, of our SLA and these Terms. Certain Services may require additional terms and conditions in which case your clicking of “I ACCEPT” buttons and/or other prompts and/or any other similar methods of acquiring your consent will constitute your acceptance of the said terms and conditions.

2) Illegal Use: You agree not to use the Services for or in the pursuit of illegal purposes. Outfoxed Digital cooperates with the authorities in investigations into illegal Internet use and will take both criminal and civil legal action against Users who use the Services in an unlawful way. You agree not to directly or indirectly allow a third party to use the Services in an illegal or unsuitable manner.

3) Harassment: You agree not to use the Services for harassment¸ threats¸ verbal abuse¸ and/or persistent unwanted contact(s) of any kind. Harassment covers any use of the Services to directly or indirectly contact any other user (including users of another Internet service) in an unwanted fashion. Harassment can be active in forms including but not limited to unwanted emails and/or chat messages and/or verbal declarations on a public forum and can be passive in the form of defamatory information posted on web sites.

4) Disruption/Hacking: You agree not to make any attempt to disrupt or attack the systems or Services provided by Outfoxed Digital or any third party (affiliated with us or otherwise). This includes any deliberate attempt to interfere with another user’s ability to take advantage of services offered online. This also includes any effort to secure access to hardware and Services without the consent of the provider for those Services. Hackers will be subject to the full extent of criminal law and Outfoxed Digital reserves the right to seek damages or resort to any and/or all legal remedies against Users who abuse, attack, or hack our systems, servers, or the Services or whoever uses the Service in a manner that is contrary to law or our Terms of Service, our Privacy Policy or this Acceptable User Policy.

5) Fraud/False Advertising: You agree not to post or transmit fraudulent information on or through the Services. This can include false advertising¸ identity theft¸ misrepresentation of any kind including phishing¸ forged email headers and/or fictitious email addresses.

6) Unsolicited Advertising/Spamming: You agree not to post or transmit any unsolicited material through any active medium such as email¸ chat¸ messaging¸ chain letters¸ advertisements¸ jokes¸ etc. Outfoxed Digital does not tolerate unsolicited mass emailing (‘Spamming’) of any kind¸ and the use of any of ‘Outfoxed Digital’ Services for this purpose is strictly prohibited. To assist Outfoxed Digital in the prevention of Spamming¸ Outfoxed Digital may limit the number of recipients allowed per email and/or limit the number of emails You can send over a short period of time. Content falling in this category is defined by the receiving user’s desire to be contacted in the specified manner, so kindly use good judgment if you are sending to mailing lists. You further agree not to collect or harvest account information without the explicit prior consent of those from whom you collect the information.

7) Disruptive Content: You agree not to post or transmit any disruptive content. Certain kinds of content broadcast or displayed on the Internet can generate a great deal of disruption and reaction from the Internet community as a whole. This can include¸ but is not limited to¸ material that is considered obscene¸ offensive¸ or extremely controversial. While Outfoxed Digital does not actively censor its Users¸ the reaction this material can generate can be expensive and time consuming¸ and as such makes the continued support of Users generating this kind of content of questionable business value to Outfoxed Digital. You understand and agree that Outfoxed Digital may suspend or terminate your Services should your usage constitute disruptive content¸ as determined by Outfoxed Digital in its sole discretion, from the Internet community at large.

8) Adult Content: You agree not to use the Services to post or host any type of adult content on your website. It may include but not be limited to material considered to be pornographic content and images. You understand and agree that Outfoxed Digital may suspend or terminate your Services should your usage constitute adult content¸ as determined by Outfoxed Digital in its sole discretion.

9) Reselling or Reconfiguring the Services: You may not resell the Services or redistribute or reconfigure the Services to allow others to use the Services in an illegal¸ fraudulent or inappropriate manner. Interpretation of this clause will be at the sole discretion of Outfoxed Digital.

10) Weapons and Firearms: You agree not to use the Services to post or host any type of weapons and firearms related content on your website. This includes but not limited to sale of parts/components/kits for weapons and firearms, 3D printed parts, demo videos, and ammunition sales. You understand and agree that Outfoxed Digital may suspend or terminate your Services should your usage violates this stated policy, as determined by Outfoxed Digital in its sole discretion.

11) Copyright Infringement: Outfoxed Digital respects the intellectual property rights of others and expects You to do the same. It is a violation of this Acceptable Use Policy to use the Services to transmit and/or store copyrighted material in a manner that is contrary to any applicable legislation. If Outfoxed Digital has a reasonable belief¸ in its sole judgment¸ that You have violated this Acceptable Use Policy¸ Outfoxed Digital may take any action it deems appropriate¸ which may include¸ without limitation¸ notifying You of a suspected violation¸ suspending your account¸ or terminating your account. These actions are in addition to and not by way of substitution of any and/or all other remedies that we may have against You under any applicable law.

If you believe your work has been copied in any way that constitutes infringement¸ please provide us with the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) Identification of where the material (including the URL if possible) that you claim is infringing is located;

(d) Your address¸ telephone number and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner¸ its agent or the law; and

(f) A statement by you¸ made under penalty of perjury if you are asked to testify on the matter in a court of law¸ that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For all copyright infringement and related matters¸ you may contact us on contact@outfoxeddigital.com.au

II. CHANGES TO THE ACCEPTABLE USE POLICY

Outfoxed Digital may make changes to the Acceptable Use Policy from time to time. When these changes are made, Outfoxed Digital will make a new copy of the Acceptable Use Policy available at https://outfoxeddigital.com.au/terms-of-use/ Outfoxed Digital will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email , Outfoxed Digital will treat your use as acceptance of the updated Acceptable Use Policy.

GOVERNING LAW

These Terms of Use are governed by and construed in accordance with Maltese law. Any dispute (including non-contractual disputes) arising from these Terms of Use shall be subject to the exclusive jurisdiction of the Australian courts or other adjudicating bodies.

INTRODUCTION

This cookie policy (“Cookie Policy”) relates to the website https://www.outfoxeddigital.com.au and/or any sub-website and/or associated domains (and/or sub-domains) of https://www.outfoxeddigital.com.au (hereinafter referred to as the “Site” owned by Outfoxed Digital). In this Cookie Policy, “We“, “Us“, “Our“, “Ourselves” and/or “Outfoxed Digital” shall refer to Outfoxed Digital (ABN 52 120 084 022) and “You” and “Your” and “User” refer to an identified or identifiable natural person being the user of this Site and/or client of any of Outfoxed Digital services. Our full details, including contact details, can be read below. For more information about how We process Your Personal Data, please read Our Privacy Policy.

CONTENTS OF THIS COOKIE POLICY

WHAT ARE COOKIES?

Our Site uses “cookies”, an element of data (usually, a very small file) that a website can send to Your browser, which may then store it on Your computer or mobile device. These cookies allow Us to correctly operate the Site and/or to provide You with web pages or content that are tailored to You. For example, some cookies remember Your custom preferences. This information can, in some cases, be carried from one visit of our Site (or related site) to the next (for example, to help You avoid having to re-enter certain information when You visit the same page later. Some of these cookies require Your consent (as explained below).

Some cookies are created for each session when You visit Our Site, while others are persistent and may remain for a number of months or years to facilitate Your access to Our Site.

WHY WE USE COOKIES

We absolutely respect Your right to privacy. We use cookies to ensure the functionality of our Site and to make Your website experience better. You can remove any cookies already stored on Your computer or mobile device (as explained below) but this may prevent You from using parts of this Site or may cause You to see this message, or part thereof, again.

Apart from the cookies We make use of Ourselves, various third-party cookies may also be stored on Your computer or mobile device.

ESSENTIAL AND NON-ESSENTIAL COOKIES

We divide cookies into two main categories namely:

1) ESSENTIAL COOKIES. These are strictly necessary to ensure that the Site functions in Your everyday use of it or for Us to provide You with the service(s) You expect from Us. Cookies used for the sole purpose of carrying out or facilitating the transmission of a communication will also be considered as essential cookies. We do not require Your consent to use such essential cookies but You may still block or delete them (see below).

Some examples of essential cookies as found in the European Commission’s EU Internet Handbook (see http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm) are as follows:

  • USER-INPUT cookies (session-id) such as first-party cookies to keep track of the User’s input when filling online forms, shopping carts, etc., for the duration of a session or persistent cookies limited to a few hours in some cases
  • AUTHENTICATION cookies, to identify the User once he has logged in, for the duration of a session
  • USER-CENTRIC SECURITY cookies, used to detect authentication abuses, for a limited persistent duration
  • MULTIMEDIA CONTENT PLAYER cookies, used to store technical data to play back video or audio content, for the duration of a session
  • LOAD-BALANCING cookies, for the duration of session
  • USER-INTERFACE CUSTOMISATION cookies such as language or font preferences, for the duration of a session (or slightly longer)
  • THIRD-PARTY SOCIAL PLUG-IN CONTENT-SHARING cookies, for logged-in members of a social network

2) NON-ESSENTIAL COOKIES. These are not required for the essential functioning of the Site, although they may greatly enhance Your experience of using Our Site. For example, non-essential cookies may be used for the following reasons:

  • PREFERENCES. These cookies would remember Your custom preferences. For example, this helps You avoid having to re-enter certain information when You visit the same page later;
  • MARKETING. Here, the cookies would be used to gather information about Your browsing habits allowing Us to provide You with more relevant information and material that would be of interest to You;
  • STATISTICS. These help Us gather information about users on Our Site(s), such as when You first visited the Site and/or how often You access it and at what particular time. These also include cookies that log how You came across the Site, using which search engine or other link.

WE SHALL ONLY PLACE NON-ESSENTIAL COOKIES ON YOUR COMPUTER OR MOBILE DEVICE IF YOU CONSENT TO THAT SPECIFIC CATEGORY OF COOKIE being placed by way of a pop-up on relevant areas of our Site the first time you visit it and possibly subsequently (if necessary) and/or by accepting this Cookie Policy (or other similarly effective mechanism). This will not prevent You from deleting or disabling cookies by modifying Your browser settings as explained below.

YOU MAY WITHDRAW SUCH CONSENT FOR NON-ESSENTIAL COOKIES AT ANY TIME BY THE SAME METHOD IN WHICH YOU GAVE IT TO US.

SPECIFIC COOKIES USED ON THIS SITE:

As a result of your interaction with the Site, a number of cookies are created. These cookies can be classified into the following categories, depending upon their usage:

STRICTLY NECESSARY OR ESSENTIAL: These required cookies allow you to access/use our services, navigate our platform and access relevant information about your account. Disabling or removing these cookies will impact the delivery of services on our Sites. For example of these cookies is authentication cookie that authenticate users for the duration of their visit.

PERFORMANCE: These cookies help us improve your Outfoxed Digital experience by recording your access and interaction with the Outfoxed Digital services and websites. These cookies are used to collect information about the performance of our on-Site activities. For example, Outfoxed Digital uses Google Analytics to track traffic on the site.

FUNCTIONALITY: These cookies provide you with better access to Outfoxed Digital Services by storing your preferences about Outfoxed Digital products and services. For example, we use User Voice, a user feedback tool to collect the opinions of the users.

MARKETING: These cookies and similar tracking technologies (see above) track your online activities and show you ads based on your interests. For example HubSpot.

WHAT ARE WEB BEACONS AND HOW WE USE THEM?

Also known as “pixel tags” or “clear GIFs”, web beacons are small images that may be included on our sites. Together with cookies, these work to identify users and their behavior. We use Web beacons to show you ads based on your preferences. Web beacons help us track and monitor our marketing activities.

HOW TO DELETE OR DISABLE COOKIES VIA YOUR BROWSER

Even if We obtain Your consent to use non-essential cookies or if We use essential cookies (where we don’t need your consent), You can still control Your settings in Your browser to delete or disable cookies.

If Your browser is NOT configured, by default, to block all or certain cookies, You may manually configure Your browser to either reject all cookies or control which cookies are set on Your computer or mobile device through the Site. Should You wish to reject all or certain cookies used by Our Site, You may modify Your web browser preferences to do so.

If You reject ALL cookies (including Essential Cookies) then You might be unable to use some of the features or services available on Our Site and You might also experience a lack of full functionality of the Site.

Usually, the information on how to change Your options regarding cookies can be obtained by referring to Your operating system’s manual or to the ‘Help’ section of Your web browser, or by contacting Your Internet Service Provider.

You may also find all the necessary information on how to make the necessary configuration settings by visiting the following helpful site: http://www.allaboutcookies.org/manage-cookies/

Please read Our Privacy Policy which, among other things, explains all Your rights as a data subject.

For more information please feel free to contact us as indicated below.

OUTFOXED DIGITAL DETAILS

Outfoxed Digital is the data controller responsible for processing of Your personal data that takes place via the Site or in the manner explained above.

If You have any questions/ comments about privacy, You should contact Us at: contact@outfoxeddigital.com.au or by writing to Outfoxed Digital, Suite 133, 84 Manning Street, Tuncurry, NSW, 2428, Australia.

UPDATES

We reserve the right, at Our complete discretion, to change, modify, add and/or remove portions of this Cookie Policy at any time. If You are an existing client with whom We have a contractual relationship You shall be informed by Us of any changes made to this Cookie Policy (as well as other terms and conditions relevant to the Site). We shall also archive and store previous versions of the Cookie Policy for Your review.

As a User of this Site with which We have no contractual relationship or even a lawful way of tracing, it is in Your interest to regularly check for any updates to this Cookie Policy, in the event that Our attempts to notify You of such updates do not reach You.

PAYMENTS AND DUE DATES

Outfoxed Digital takes payment in advance of services paid by the month.  In cases where payments are not made after 30 days of the due date, services will be automatically suspended and or deleted at the full discretion of Outfoxed Digital.

In the event that Outfoxed Digital complete work in advance of payment, payment of invoice/s are due on the date of invoice/s completed or within 14 days.

In the event that payment is delayed by 30 days or more Outfoxed Digital reserve the right to a late payment fee of 20% of the value of the total invoice charge.

In the event that payment is delayed by 90 days or more Outfoxed Digital reserve the right to seek the total sum of any or all unpaid invoices plus 20%, plus expenses charged by our chosen debt collectors being the sole the reasonability of the debtor to pay in full to prevent legal action.

CREDITS DISBURSED WHEN SERVICE STANDARD IS NOT MET

We will compensate our Customers in the event that our Service Standards are not met and provided the Customer(s) would have reported it through our Support Portal. Compensation will be through credit against Your next monthly invoice. You will receive a credit of five percent of Your total fee (for the month in which the SLA was not met) for each hour in which We fail to meet Our Service Standard levels. Collectively, these are referred to as SLA Credits. SLA Credits are based on our monitoring, may not exceed the total amount of Fees you have paid to us for the month in which we failed to meet the Service Standards set out in Clause 1, may not be aggregated, and will not be paid in cash.

SITUATIONS IN WHICH WE WILL NOT DISBURSE ANY CREDIT

Should we fail to meet the Service Standard goal as a result of scheduled outages, emergency maintenance or Force Majeure Events, the SLA Credit policy will not be applicable.

If the failure to meet the Service Standards is based on a non-standard environment, customer authored code or changes to the Service by parties other than Outfoxed Digital, You will not be entitled to any SLA Credit.

CODE OF CONDUCT

Employees of Outfoxed Digital have the right to be treated with respect. Zero tolerance of aggression and or violence is vital in providing a safe and healthy working environment. Aggressive and or violent behaviour toward any member of staff is unacceptable and will not be tolerated.

Violence and or aggression (verbally, physically, and or written) is any incident in which a worker is threatened, abused or assaulted in circumstances arising out of, or during the course of, their work and includes:

  • Threats or other intimidating behaviours, written or verbal abuse that causes a person to believe they are in danger in any way. It may involve an actual or implied threat to safety, health or well-being.
  • Verbal, written, physical or psychological abuse in any form.
  • Physical attack, such as pushing, shoving, tripping, grabbing, hitting, pinching, scratching, kicking, biting, spitting or any other type of direct physical contact.
  • Aggravated assault, such as attacking with a weapon (knives, guns, clubs) or any other type of weapon (thrown object, furniture etc.)
  • Sexual harassment and sexual assault.

By agreeing to these terms and conditions when purchasing our services reserves the right to deny any further response and or block further communications with any offender, including ending any services early at our discretion without reimbursement of any kind.  Further, any and or all actions applicable may result in legal action including police charges and or legal actions in the court of law.

THIRD PARTY INFRASTRUCTURE PROVIDERS SLAS