signing up with Bigg
you agree to the terms and conditions governing the use of Bigg
Digital’s services under the following Terms of Service:
Agreement is between EMT, trading as Bigg Digital, ABN: 90 148 489
477 (hereafter referred to as “the service provider”)
and all its’ subscribers (hereafter referred to as “the
client”). Unless the context requires otherwise, the service
provider, and/or its’ assigns shall be referred to as “us”,
“we”, or “our” and the client shall be
referred to as “you”, “your” or
the client, will use your Bigg Digital account in a manner that is
consistent with all applicable laws and regulations and in
accordance with the terms and conditions discussed herein.
understand that the service provider, and/or its’ assigns do
not guarantee, imply, or predict any type of profit or response from
irrevocably covenant, promise and agree to indemnify the service
provider and/or its’ assigns from and against any and all
losses, claims, expenses, suits, damages, costs, demands or
liabilities, joint or several, of whatever kind or nature which the
service provider and/or its’ assigns may sustain, and/or to
hold the service provider and/or its’ assigns harmless to
which the service provider and/or its’ assigns may become
subject arising out of or relating in any way to the use of the
services provided under this Agreement, including, without
limitation, in each case attorneys’ fees, costs and expenses
actually incurred in defending against or enforcing any such losses,
claims, expenses, suits, damages or liabilities.
construed according to the laws of Victoria, Australia.
using Bigg Digital’s services, you agree to accept the fees
you may incur as a result of using the Bigg Digital service,
including but not limited to, fees for supplemental services or
features, additional website customization and purchases made
through the use of the service provider. Subject to any applicable
law, fees and charges for Bigg Digital services are non-refundable
unless the pricing terms for the applicable service expressly states
Agreement and the client’s use of Bigg Digital’s
services shall become effective on the date the order is submitted
by the client to the service provider (“Effective Date”).
Period of Performance of this Agreement shall commence on the
Effective Date and shall automatically renew for additional like
periods (“Renewal Periods”) under the same terms and
conditions as herein agreed, which may be amended from time to time,
unless and until either party provides the other party with notice
of termination (refer to account Cancellation instructions below) at
least seven (7) days prior to any Renewal Period.
service provider will continue to renew automatically unless
terminated by Bigg Digital or until you notify Bigg Digital of your
intent to change your service renewal.
account cancellation instructions refer to the CANCELLATION POLICY
found in these Terms of Service.
client must provide a valid credit card prior to and during any time
the client receives Bigg Digital Services.
Renewal Fees will be due on the day of the recurring effective date
of the Renewal Period, and will be automatically debited from the
client’s credit card on that date.
for these transactions will be emailed directly to the client from
Stripe.com, our secure payment merchant.
client acknowledges and agrees that the service provider will not
require any additional authorization for any recurring payments or
automatic billing options.
are considered in default if the payment is not received within
seven (7) days after the effective date of the Renewal Period. The
service provider may suspend or terminate use of the Bigg Digital
services if the client fails to provide a valid designated payment
method upon request, or if Bigg Digital is unable, for any reason,
to bill charges to the client’s designated payment method. If
the payment is more than fourteen (14) days past due, the client
will be liable for any fees Bigg Digital incurs in its efforts to
collect any unpaid balances.
billing problems or discrepancies must be brought to Bigg Digital’s
attention within thirty (30) days from the date the client is
billed. If you do not bring them to WodSite’s attention within
thirty (30) days, you agree that you waive your right to dispute
such problems or discrepancies with Bigg Digital.
you have any billing-related questions or want to stop a recurring
payment from being charged to your designated payment method email
our sales/billing support on firstname.lastname@example.org
may terminate your account:
service fees are unpaid for longer than 7 days
you violate the Terms Of Service Policy or obstruct our Privacy
Policy (further down the page);
you breach any term of this Agreement;
your website is being used for purposes Bigg Digital believes to be
illegal, offensive such as pornographic, terroristic activities,
selling illicit drugs, etc.
Digital MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR
IMPLIED, WITH RESPECT TO OUR SERVICES, AND/OR OUR SUBCONTRACTORS’
AND AFFILIATES’ SERVICES PROVIDED. WE EXPRESSLY DISCLAIM ANY
IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS OF THIS SERVICE FOR
A PARTICULAR PURPOSE.
shall not be liable for any damages suffered by the client, whether
indirect, special, incidental, exemplary, or consequential,
including, but not limited to, loss of data or service
interruptions, regardless of cause or fault. We are not responsible
for lost profits or for loss of data or information.
we take all reasonable precautions to ensure your database is secure
and protected, the client understands and agrees that the service
provider is under no obligation to export, extract, retrieve or
store our clients data except for through our weekly backups of the
clients website which is stored on a ‘best effort’
client agrees: (a) to use the website in a manner that is ethical
and in conformity with community standards; (b) to respect the
privacy of other users (you shall not intentionally seek data or
passwords belonging to other users, nor will you modify files or
represent yourself as another user unless explicitly authorized to
do so by that user); (c) to respect the legal protection provided by
copyright law, trade secret law, or other laws protecting
intellectual property; and(d) to accept notifications of service
changes, commercial email and similar offers presented via email.
the service provider learns of a violation or likely violation of
its’ TERMS OF SERVICE, we will attempt to notify you. If you
do not take immediate remedial action which is satisfactory to us,
or in the event of a serious violation of the TERMS OF SERVICE, we
reserve the right to terminate your account immediately. Every
effort will be made to inform you prior to account termination, and
to re-establish your account upon receiving such representations
from you as we deem appropriate in the circumstances.
Agreement is personal to you. You may not assign your rights under
this Agreement without our prior written consent. If you do assign
your rights, as would be the case where you allow someone other than
you to use your account, you shall remain liable to us for any fees
due under this Agreement.
may assign this Agreement at any time.
OF TERMS AND CONDITIONS
reserve the right to change the terms and conditions of this
Agreement as needed.
of our servers by you after said changes constitutes acceptance of
those new terms and conditions. This includes, but is not limited
to, the right to change our subscription rates at any time.
you do not agree to the new terms and conditions, you may terminate
this Agreement in accordance with our cancellation policy.
changes in subscription rates, we will always give thirty (30) days
notice prior to changing subscription rates.
OF ACCOUNT CHANGES
agree to provide us with such other information relating to your use
of this service as we deem necessary or desirable.
agree to notify us if your address, email address, telephone number
or billing information changes.
notices, requests, demands, and other communications under this
Agreement shall be in writing and shall be deemed to have been given
on the date of delivery: if delivered personally to the party to whom
notice is to be given; if sent by electronic mail with a cc: to
sender; if sent by fax; or on the third day after mailing by first
subject headings of the articles and sections are for convenience
only, and shall not affect the construction or interpretation of any
of its provisions.
any portion of this Agreement is found invalid or unenforceable,
that portion shall be severed and the remainder of this Agreement
shall remain in force.
Agreement constitutes the entire Agreement between the service
provider pertaining to its subject matter and supersedes all of our
prior Agreements, representations, and understandings.
to Section I, no supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing by both
parties. No waiver of any of the provisions of this Agreement shall
be deemed, or shall constitute a waiver of any other provision,
whether or not similar, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by the
party making the waiver.
Agreement may be executed in one or more counterparts. Each shall be
deemed an original, but all of which together shall constitute one
and the same instrument. If an organization is the subscriber, the
individual signing up for our services represents that he or she is
duly authorized to enter into this Agreement on behalf of that
the event of a dispute, the parties agree to submit the matter to
the Community Dispute Resolution Service or any recognized
Arbitration Board located within our state and county, before
for Monthly Subscribers:
will only be submitted if the services specified above and on our
website have not been completed in sufficient manner, within the
specified time. If the criteria for “setup” has been
met, a refund will not be issued. However, if the monthly services
are not been supplied in a timely manner
must be sent in writtern form, preferably via email.
the case of a cancellation, the remaining months of the subscription
plan (of 12 months) will be multiplied by 20% of the monthly amount
of the plan bought by the customer.
reason for this policy is due to our modest pricing which relies on
offsetting costs for the customer, making it more affordable by
extending our services over the course of a year.
Digital TERMS OF SERVICE
using the biggdigital.com web site or any other site owned and
operated by Bigg Digital (“Service”), you are agreeing
to be bound by the following terms and conditions (“Terms of
Digital reserves the right to update and change the Terms of Service
from time to time without notice. Any new features that augment or
enhance the current Service, including the release of new tools and
resources, shall be subject to the Terms of Service. Continued use
of the Service after any such changes shall constitute your consent
to such changes.
of any of the terms below will result in the termination of your
Account. While Bigg Digital prohibits such conduct and Content on
the Service, you understand and agree that Bigg Digital cannot be
responsible for the Content posted on the Service and you
nonetheless may be exposed to such materials. You agree to use the
Service at your own risk.
must be 13 years or older to use this Service.
must be a human. Accounts registered by “bots” or other
automated methods are not permitted.
must provide your legal full name, a valid email address, and any
other information requested in order to complete the signup process.
login may only be used by one person – additional logins for
your account can be requested by contacting email@example.com.
are responsible for maintaining the security of your account and
password. Bigg Digital cannot and will not be liable for any loss or
damage from your failure to comply with this security obligation.
are responsible for all Content posted and activity that occurs
under your account (even when Content is posted by others who have
accounts under your account).
may not use the Service for any illegal or unauthorized purpose. You
must not, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
REFUNDS, UPGRADING AND DOWNGRADING TERMS
valid credit card is required for paying accounts.
Service is billed in advance on a monthly basis and is
non-refundable. There will be no refunds or credits for partial
months of service, upgrade/downgrade refunds, or refunds for months
unused with an open account. In order to treat everyone equally, no
exceptions will be made.
fees are exclusive of all taxes, levies or duties imposed by taxing
authorities, and you shall be responsible for payment of all such
taxes, levies, or duties, excluding United States (federal or state)
any upgrade or downgrade in plan level, the credit card you provided
will automatically be charged the new rate on your next billing
your service may cause the loss of content, features or capacity of
your account. Bigg Digital does not accept any liability for such
are solely responsible for properly cancelling your account using
A phone, email, social media message or any other request to cancel
your account is not considered cancellation. It must be in writing.
of your Content will be immediately deleted from the Service upon
cancellation. This information can not be recovered once your
account is cancelled unless otherwise arranged through written
notice via Bigg Digital.
you cancel the Service before the end of your current paid up month,
your cancellation will take effect immediately and you will not be
may opt to arrange a buyout fee of your Bigg Digital website, email
us how firstname.lastname@example.org
Digital, in its sole discretion, has the right to suspend or
terminate your account and refuse any and all current or future use
of the Service, or any other Bigg Digital service, for any reason at
any time. Such termination of the Service will result in the
deactivation or deletion of your Account or your access to your
Account, and the forfeiture and relinquishment of all Content in
your Account. Bigg Digital reserves the right to refuse service to
anyone for any reason at any time.
TO THE SERVICE AND PRICES
Digital reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice.
of all Services, including but not limited to monthly subscription
plan fees to the Service, are subject to change upon 30 days notice
from us. Such notice may be provided at any time by posting the
changes to the Bigg Digital website.
Digital shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the
AND CONTENT OWNERSHIP
claim no intellectual property rights over the material you provide
to the Service. Your website content, photos, user data and
materials uploaded remain yours. However, by setting your pages to
be shared publicly, you agree to allow others to view and share your
Digital does not pre-screen Content, but Bigg Digital and its
designee have the right (but not the obligation) in their sole
discretion to refuse or remove any Content that is available via the
look and feel of the website Service we provide for you is copyright
©2017-2018 Bigg Digital, All rights reserved. You may not
duplicate, copy, or reuse any portion of this website.
Domain ownership: In some cases, Bigg Digital will take initiative in
buying the domain name(s) requested by the customer. This can be for
reasons of speed and efficiency, faster management (in the case of a
change in server providers), etc. The domain name associated with the
customers businesses belongs solely to the customer. If the customer
would like to transfer the domain in this case, they will be
responsible for any charges applied by the registrar/company of their
use of the Service is at your sole risk. The service is provided on
an “as is” and “as available” basis.
support is only provided to paying account holders and is only
available via email.
understand that Bigg Digital uses third party vendors and hosting
partners to provide the necessary hardware, software, networking,
storage, and related technology required to run the Service.
must not modify, adapt or hack the Service or modify another website
so as to falsely imply that it is associated with the Service, Bigg
Digital, or any other Bigg Digital service.
agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the website we provide you, use of the Service, or access
to the Service without the express written permission by Bigg
may, but have no obligation to, remove Content and Accounts
containing Content that we determine in our sole discretion are
unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of Service.
physical, written or other abuse (including threats of abuse or
retribution) of any Bigg Digital customer, employee, member, or
officer will result in immediate account termination.
understand that the technical processing and transmission of the
Service, including your Content, may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks
must not transmit any worms or viruses or any code of a destructive
Digital does not warrant that (i) the service will meet your
specific requirements, (ii) the service will be uninterrupted,
timely, secure, or error-free, (iii) the results that may be
obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other
material purchased or obtained by you through the service will meet
your expectations, and (v) any errors in the Service will be
expressly understand and agree that Bigg Digital shall not be liable
for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses (even if
Bigg Digital has been advised of the possibility of such damages),
resulting from: (i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or
obtained or messages received or transactions entered into through
or from the service; (iii) unauthorized access to or alteration of
your transmissions or data; (iv) statements or conduct of any third
party on the service; (v) or any other matter relating to the
failure of Bigg Digital to exercise or enforce any right or
provision of the Terms of Service shall not constitute a waiver of
such right or provision. The Terms of Service constitutes the entire
agreement between you and Bigg Digital and govern your use of the
Service, super ceding any prior agreements between you and Bigg
Digital (including, but not limited to, any prior versions of the
Terms of Service).
about the Terms of Service should be sent to email@example.com
1 – WHAT DO WE DO WITH YOUR INFORMATION?
you purchase something from our store or one of our services, as part
of the buying and selling process, we collect the personal
information you give us such as your name, address and email address.
you browse our store, we also automatically receive your computer’s
internet protocol (IP) address in order to provide us with
information that helps us learn about your browser and operating
your permission, we may send you emails about our services, new
products and other updates.
2 – CONSENT
do you get my consent?
you provide us with personal information to complete a transaction,
verify your credit card, place an order, arrange for a delivery or
return a purchase, we imply that you consent to our collecting it and
using it for that specific reason only.
we ask for your personal information for a secondary reason, like
marketing, we will either ask you directly for your expressed
consent, or provide you with an opportunity to say no.
do I withdraw my consent?
after you opt-in, you change your mind, you may withdraw your consent
for us to contact you, for the continued collection, use or
disclosure of your information, at anytime, by contacting us at
firstname.lastname@example.org or mailing us at: Bigg Digital 1/41 Springwood
Avenue, Pacific Pines, QLD, 4211, Australia
3 – DISCLOSURE
may disclose your personal information if we are required by law to
do so or if you violate our Terms of Service.
4 – PAYMENT GATEWAY
payments on our website are handled by our secure payment provider
adhere to the standards set by PCI-DSS as managed by the PCI Security
Standards Council, which is a joint effort of brands like Visa,
MasterCard, American Express and Discover.
requirements help ensure the secure handling of credit card
information by our store and its service providers.
5 – THIRD-PARTY SERVICES
general, the third-party providers used by us will only collect, use
and disclose your information to the extent necessary to allow them
to perform the services they provide to us.
certain third-party service providers, such as payment gateways and
other payment transaction processors, have their own privacy policies
in respect to the information we are required to provide to them for
your purchase-related transactions.
these providers, we recommend that you read their privacy policies so
you can understand the manner in which your personal information will
be handled by these providers.
particular, remember that certain providers may be located in or have
facilities that are located a different jurisdiction than either you
or us. So if you elect to proceed with a transaction that involves
the services of a third-party service provider, then your information
may become subject to the laws of the jurisdiction(s) in which that
service provider or its facilities are located.
an example, if you are located in Canada and your transaction is
processed by a payment gateway located in the United States, then
your personal information used in completing that transaction may be
subject to disclosure under United States legislation, including the
you leave our website or are redirected to a third-party website or
website’s Terms of Service.
you click on links on our store, they may direct you away from our
site. We are not responsible for the privacy practices of other sites
and encourage you to read their privacy statements.
6 – SECURITY
protect your personal information, we take reasonable precautions and
follow industry best practices to make sure it is not inappropriately
lost, misused, accessed, disclosed, altered or destroyed.
you provide us with your credit card information, the information is
encrypted using secure socket layer technology (SSL) and stored with
a AES-256 encryption. Although no method of transmission over the
Internet or electronic storage is 100% secure, we follow all PCI-DSS
requirements and implement additional generally accepted industry
customers with a better service experience.
7 – AGE OF CONSENT
using this site, you represent that you are at least the age of
majority in your state or province of residence, or that you are the
age of majority in your state or province of residence and you have
given us your consent to allow any of your minor dependents to use
please review it frequently. Changes and clarifications will take
effect immediately upon their posting on the website. If we make
material changes to this policy, we will notify you here that it has
been updated, so that you are aware of what information we collect,
how we use it, and under what circumstances, if any, we use and/or
our store is acquired or merged with another company, your
information may be transferred to the new owners so that we may
continue to sell products to you.
AND CONTACT INFORMATION
you would like to: access, correct, amend or delete any personal
information we have about you, register a complaint, or simply want
more information contact us at email@example.com or by calling 0403 704 444