<link href="https://app.termageddon.com/css/policy.css?v=20210506" rel="stylesheet"><article><h2>Terms of Service</h2><p class="tg-last-updated-date">Last updated: Mar 27, 2025 6:59 AM</p><p>Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the Elevate Hub Application (the "Application") operated by Elevate Digital Solutions Pty Ltd, a(n) Company formed in Western Australia  ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Our Australian Business Number is 72 674 966 717. Our Australian Company Number is 674 966 717. Our address is 1 Hornsby Street, Melville WA 6156. Your access to and use of this Application is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Application.</p>

<p>By accessing or using the Application, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Application.</p>

<h2 class="">Our offers and pricing</h2><p>We offer services and digital products on this Application.  The price of these services and digital products can be found listed on the Application. This price includes all applicable taxes.</p><h2 class="">Purchases</h2>

<p>When you make a purchase on the Application, you will be able to choose the third party payment processor that will collect your payment information and process your payment. You may make purchases using the following third party payment processors: Apple Pay, Google Pay, PayPal, Square, Stripe,  and Authorize.net &amp; NMI. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: MasterCard and Visa.</p>

<p>You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.</p>

<h2 class="">Cancellation policy</h2><p>We offer cancellations on purchases made of the services and digital products offered on our Application. We offer cancellations only Within 30 days of the purchase. You may cancel your order by contacting us and via the Application. You will not be charged a cancellation fee if you cancel your purchase. We will issue you a refund of the full purchase price that you paid if you cancel your purchase.</p>

<p>We reserve the right to cancel your purchase At any time. We will not provide you with any notice prior to cancelling your purchase. </p><p>We will issue you a refund of the full purchase price that you paid if we cancel your purchase.</p>

<h2 class="">Refund policy</h2>

<p>We offer refunds on purchases made of the services and digital products offered on our Application. To qualify for a refund, you must submit your request to us within 30 days of your purchase date by contacting us or via the Application. We offer refunds on any purchases made of the services and digital products offered on our Application for any reason. </p>

<h2 class="">Advance payments</h2><p>We ask you to provide an advance payment on any purchase made of the services and digital products offered on our Application. An advance payment is a full payment of the total purchase price that will help pay for our actual expenses while providing the services and digital products.</p>

<p>We will issue you a refund of the advance payment that you made if we cancel.</p>

<p>We will issue you a refund of the advance payment that you made if you cancel.</p><h2 class=""><span class="text-uppercase">Warranty on purchases and remedies</span></h2><p class="text-uppercase">Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:</p><ul class="text-uppercase"><li>to cancel your service contract with us; and</li><li>to a refund for the unused portion, or to compensation for its reduced value.</li></ul><p class="text-uppercase">You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.</p><h2 class="">Subscriptions</h2><p>This Application features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is Monthly.</p>

<p class="text-uppercase">You may revoke your subscription by contacting us within 30 days of making your purchase. If you revoke your subscription, it will not automatically renew and you will not be charged for the renewals. Please note that you will no longer receive the items or services provided by the subscription once you revoke.</p>

<p class="text-uppercase">You must make a minimum purchase to qualify for the subscription. The minimum purchase required is as follows: One monthly plan.</p>

<h2 class=""><span class="text-uppercase">Automatic renewals of subscriptions</span></h2><p class="text-uppercase">When you purchase a subscription on the Application, your subscription will automatically renew Monthly. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.</p><p class="text-uppercase">You may cancel the automatic renewals of your subscription via the following means:</p><ul class="text-uppercase"><li>Email - cancelations@mail.elevatedigitalsolutions.com.au;</li><li>Through the Application.</li></ul><p class="text-uppercase">Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.</p>

<p class="text-uppercase">The cancellation of the automatic renewal of your subscription will become effective immediately upon you contacting us.</p>

<h2 class="">Accounts</h2>

<p>When you create an account on our Application, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.</p>

<p>You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.</p>

<p>We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us or through their account on the Application.</p> <h2 class="">Comments and uploading content</h2><p>By submitting a comment or uploading content onto this Application, you grant Elevate Digital Solutions Pty Ltd a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Application, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.</p>

<p>The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Application:</p><ul><li>Content that harasses others;</li><li>Content that is discriminatory or offensive;</li><li>Swearing, name calling and otherwise abusive content;</li><li>Pornographic and sexually explicit content;</li><li>Content displaying, depicting or suggesting violence;</li><li>Content that exploits or abuses children;</li><li>Content encouraging or committing illegal acts;</li><li>Content sharing personal information without consent;</li><li>Content infringing on someone’s rights, including intellectual property rights;</li><li>Content whose purpose is spamming others.</li></ul>

<h2 class="">Prohibited uses</h2>

<p>You agree that you will use this Application in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Application. You agree that you will not perform any of the following prohibited uses:</p>

<ol><li>Impersonating or attempting to impersonate Elevate Digital Solutions Pty Ltd or its employees, representatives, subsidiaries or divisions;</li><li>Misrepresenting your identity or affiliation with any person or entity;</li><li>Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;</li><li>Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Application, or which, as determined in our sole discretion, may harm us or the users of this Application or expose us or other users to liability;</li><li>Using the Application in any manner that could disable, overburden, damage or impair the Application or interfere with another party’s use of the Application;</li><li>Using any robot, spider or other similar automatic technology, process or means to access or use the Application for any purpose, including monitoring or copying any of the material on this Application;</li><li>Using any manual process or means to monitor or copy any of the material on this Application or for any other unauthorized purpose;</li><li>Using any device, software, means or routine that interferes with the proper working of the Application, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;</li><li>Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Application, the server(s) on which the Application is stored, or any server, computer or database connected to the Application;</li><li>Attempting to attack or attacking the Application via a denial-of-service attack or a distributed denial-of-service attack;</li><li>Otherwise attempting to interfere with the proper working of the Application;</li><li>Using the Application in any way that violates any applicable state, territory, or country laws, rules or regulations.</li></ol>

<h2 class=""><span class="text-uppercase">No warranty on Application</span></h2>

<p class="text-uppercase">This Application is provided “as is,” No warranty, express or implied (including any implied warranty of acceptable quality, fitness for a particular purpose or desired result, conformity to description, undisturbed possession, undisclosed securities, clear title and performance with due care and skill) shall apply to this Application, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.</p>

<h2 class="">Availability, errors and inaccuracies</h2>

<p>To the extent permitted by law, we assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Application. We may experience delays in updating information on this Application and in our advertising on other websites. The information, products and services found on the Application may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Application. If you determine that there is an error on this Application, or any invoices or purchase orders sent to you by us, please inform us immediately using the contact information below. The inclusion or offering of any product or service on this Application does not constitute an endorsement or recommendation of such product or service by us. </p>

<h2 class=""><span class="text-uppercase">Damages and limitation of liability</span></h2>

<p class="text-uppercase">To the extent of the law, in no event shall Elevate Digital Solutions Pty Ltd be liable for any direct, indirect, punitive, incidental, special or consequential damages or losses arising out of, relating to or in any way connected with your access to, display of or use of this Application or with the delay or inability to access, display or use this Application, including but not limited to your reliance upon opinions or information appearing on this Application; any computer viruses, information, software, or linked websites operated by third parties, whether based on a theory of contract, tort, strict liability, consumer protection statutes or otherwise, even if Elevate Digital Solutions Pty Ltd has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, Elevate Digital Solutions Pty Ltd IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF Elevate Digital Solutions Pty Ltd WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO Elevate Digital Solutions Pty Ltd IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Application. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF Elevate Digital Solutions Pty Ltd. </p><h2 class="">Intellectual property and DMCA notice and procedure for intellectual property infringement claims</h2>

<p>All contents of this Application are ©2024 - 2025 Elevate Digital Solutions Pty Ltd or third parties. All rights reserved. Unless specified otherwise, this Application and all content and other materials on this Application including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Elevate Digital Solutions Pty Ltd and are either registered trademarks, trademarks or otherwise protected intellectual property of Elevate Digital Solutions Pty Ltd or third parties in Australia and/or other countries.</p>

<p>If you are aware of a potential infringement of our intellectual property, please contact David Tugwell at dave@mail.elevatedigitalsolutions.com.au. </p>

<p>We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes on the copyright, trademark or other intellectual property rights of any person or entity.</p>

<p>If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:</p>

<ol><li>An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;</li><li>A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;</li><li>Your name, email, address and telephone number; and</li><li>A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.</li></ol>

<p>Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Application.</p>

<p>You may submit your claim to us by contacting us at:</p><p>Elevate Digital Solutions Pty Ltd<br>David Tugwell<br>dave@mail.elevatedigitalsolutions.com.au<br>08 5122 4030<br>1 Hornsby Street<br>
MELVILLE   WA   6156<br><span class="text-uppercase">Australia</span></p>

<h2 class="">Governing law, severability, dispute resolution and venue</h2>

<p>These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of laws provisions. <span class="text-uppercase">These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms</span>.</p>

<p>Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Application, and supersede and replace any prior agreements we might have had with you regarding the Application. </p>

<p>Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Australia.</p>

<h2 class="">Changes to Terms of Service</h2>

<p>We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this application.</p>

<h2 class="">Questions</h2><p>If you have any questions about our Terms of Service, please contact us at legal@mail.elevatedigitalsolutions.com.au.</p>

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