Website Terms of Use

1. Your Agreement to These Terms

• These Website Terms of Use ("Terms") govern your access to and use of the website at dygiphy.com.au (the "Website").
• By accessing or using this Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must stop using this Website immediately.
• These Terms are separate from any service agreement or terms and conditions that may apply if you engage Dygiphy for web design, hosting, or other professional services.

2. About This Website

• This Website is owned and operated by Dygiphy, a web design studio based in Canterbury, Melbourne, Victoria, Australia.
• Dygiphy provides website design, development, hosting, photography, graphic design, copywriting, and related digital services for Australian small businesses.
• For enquiries about this Website or these Terms, contact us at contact2026@dygiphy.com.au or call 0421 599 034.

3. How You May Use This Website

Permitted Use

• You may use this Website for lawful purposes only, including browsing our services, viewing our portfolio, reading our blog, and contacting us through the provided forms.
• You must use this Website in accordance with all applicable Australian laws and regulations.

Prohibited Conduct

You must not:

• Use this Website in any way that breaches any applicable law or regulation.
• Use this Website to transmit or distribute any unsolicited or unauthorised advertising, spam, or promotional material.
• Use this Website to harass, threaten, defame, or offend any person.
• Interfere with, disrupt, or create an undue burden on this Website or the networks connected to it.
• Attempt to gain unauthorised access to any part of this Website, other users' accounts, or any systems or networks connected to this Website.
• Introduce any viruses, trojans, worms, or other malicious software to this Website.
• Scrape, data-mine, or use automated means to access or collect data from this Website without our prior written consent.
• Use this Website to compete with Dygiphy's business or to solicit our clients.

4. Intellectual Property

• All content on this Website — including text, graphics, logos, images, photographs, design elements, code, and software — is the property of Dygiphy or its licensors and is protected by Australian and international copyright, trademark, and intellectual property laws.
• Portfolio images and screenshots remain the intellectual property of Dygiphy and/or the respective clients and may not be reproduced without written permission.
• You may view, download, and print pages from this Website for your own personal, non-commercial use, provided you do not modify the content and you retain all copyright and proprietary notices.
• You must not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from this Website without our prior written consent.

5. Information Disclaimer

• The information on this Website is provided for general informational purposes only. It is not intended as professional advice and should not be relied upon as such.
• While we make reasonable efforts to ensure the accuracy and currency of the information on this Website, we do not warrant or guarantee that the content is complete, accurate, reliable, or current.
• Pricing, service descriptions, and other details on this Website are indicative only and may change without notice. All services are subject to a formal proposal or agreement.
• Blog articles and resources represent the views and experience of the author at the time of publication and do not constitute professional legal, financial, or technical advice.
• You should seek independent professional advice before making any decisions based on information found on this Website.

6. Third-Party Links

• This Website may contain links to external websites operated by third parties. These links are provided for your convenience only.
• We do not control, endorse, or take responsibility for the content, privacy policies, or practices of any third-party websites.
• Linking to a third-party website does not constitute a recommendation or endorsement by Dygiphy.
• You acknowledge that you access third-party websites at your own risk and should review their terms of use and privacy policies independently.

7. Privacy and Cookies

Information We Collect

• When you use our contact forms or enquiry forms, we collect the personal information you provide (such as your name, email address, phone number, and message content) for the sole purpose of responding to your enquiry.
• We do not sell, trade, or share your personal information with third parties for marketing purposes.

Cookies and Analytics

• This Website may use cookies — small text files stored on your device — to improve your browsing experience and help us understand how visitors use this Website.
• We may use third-party analytics services (such as Google Analytics) to collect anonymous, aggregated data about Website usage. This data helps us improve the Website and does not identify you personally.
• You can control or disable cookies through your browser settings. Disabling cookies may affect some functionality of this Website.

Data Storage and Security

• Any personal information collected through this Website is stored securely on Australian-hosted servers.
• We take reasonable steps to protect your information from unauthorised access, disclosure, or misuse, in accordance with Australian Privacy Principles.
• Dygiphy is a small business with an annual turnover of less than $3 million and is generally exempt from the Privacy Act 1988 (Cth). However, we voluntarily follow best practices for data protection and privacy.

8. AI Plan Generator

• This Website includes an AI-powered plan generator tool that provides personalised website recommendations based on the information you provide.
• The AI Plan Generator uses Google Gemini to process your inputs and generate suggestions. By using this tool, you acknowledge that your inputs are processed by a third-party AI service.
• Recommendations from the AI Plan Generator are indicative only and do not constitute a formal proposal, quote, or commitment by Dygiphy. All projects require a separate formal agreement.
• We do not store or retain the content of AI-generated responses beyond the current session, though submission metadata (contact information) may be retained for follow-up purposes.
• Use of the AI Plan Generator is protected by Google reCAPTCHA, subject to Google's Privacy Policy and Terms of Service.

9. Limitation of Liability

• To the maximum extent permitted by law, Dygiphy excludes all liability for any loss, damage, or expense — whether direct, indirect, incidental, or consequential — arising from or in connection with your use of, or inability to use, this Website.
• This includes, but is not limited to, liability for lost profits, lost data, business interruption, or any reliance on information obtained from this Website.
• Nothing in these Terms excludes, restricts, or modifies consumer guarantees or other rights and remedies that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
• We do not guarantee that this Website will be available at all times or that access will be uninterrupted, error-free, or free from viruses or other harmful components.

10. Indemnity

• You agree to indemnify and hold harmless Dygiphy, its officers, employees, and agents from any claims, demands, losses, damages, costs, or expenses (including reasonable legal fees) arising from or in connection with your use of this Website or any breach of these Terms.
• This indemnity is a continuing obligation and survives the termination of these Terms.

11. Changes to These Terms

• Dygiphy may update or modify these Terms at any time by publishing the revised version on this Website.
• Changes take effect immediately upon publication. We recommend checking this page periodically to stay informed of any updates.
• Your continued use of this Website after any changes constitutes your acceptance of the updated Terms.

12. Governing Law

• These Terms are governed by the laws of Victoria, Australia.
• Any disputes arising from these Terms or your use of this Website are subject to the exclusive jurisdiction of the courts of Victoria.
• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.

By continuing to use this Website, you acknowledge that you have read, understood, and agree to be bound by these Website Terms of Use.