TERMS OF USE

HERD Media Pty Ltd

Effective Date: [Insert Date]
Last Updated: [Insert Date]

Welcome to the website of HERD Media Pty Ltd (ABN [Insert ABN]) (“HERD Media,” “we,” “us,” or “our”). By accessing or using our website ([Insert Website URL]) and related services, you agree to be bound by the following Terms of Use (“Terms”). If you do not agree with these Terms, you must not use our website or services.

1. Scope & Acceptance of Terms

These Terms govern your use of our website, digital platforms, and any related content, including but not limited to text, images, videos, and services provided by HERD Media. By using our website, you acknowledge that you have read, understood, and agreed to these Terms, as well as our Privacy Policy.

We reserve the right to modify, update, or change these Terms at any time. Your continued use of our website constitutes acceptance of any revised Terms.

2. Intellectual Property & Copyright

All content displayed on this website, including but not limited to text, graphics, logos, images, videos, designs, and software, is the property of HERD Media or its licensors and is protected under Australian copyright law (Copyright Act 1968 (Cth)), intellectual property law, and international treaties.

Prohibited Use:

You may not:

  • Copy, reproduce, distribute, modify, or create derivative works from our content without written permission.

  • Use any HERD Media trademarks, logos, or branding without authorization.

  • Reverse-engineer, decompile, or attempt to extract our website’s source code.

You may share content on social media only if it includes proper attribution to HERD Media and does not misrepresent our work.

3. Permitted Use & Restrictions

You agree to use this website only for lawful purposes and in compliance with applicable Australian laws, including but not limited to:

  • The Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth).

  • The Spam Act 2003 (Cth) regarding electronic communications.

  • The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs).

You must not:

  • Engage in fraudulent, defamatory, abusive, or misleading conduct.

  • Upload or distribute harmful software (e.g., viruses, malware).

  • Attempt to gain unauthorized access to our website or databases.

  • Use our website for spam, advertising, or other unauthorized commercial activities.

4. User-Generated Content

If you submit content (e.g., comments, reviews, testimonials, or social media posts mentioning HERD Media), you grant us a non-exclusive, royalty-free, worldwide license to use, modify, and distribute that content for promotional or business purposes.

We reserve the right to remove or edit any user-generated content that violates these Terms or is deemed inappropriate.

5. Third-Party Links & External Services

Our website may contain links to third-party websites or services. These are provided for convenience only, and HERD Media does not endorse, control, or take responsibility for external content, privacy policies, or security practices.

We recommend reviewing the terms and privacy policies of any third-party websites before using their services.

6. Limitation of Liability

To the maximum extent permitted by Australian law, HERD Media and its directors, employees, or affiliates shall not be liable for any indirect, incidental, consequential, or special damages arising from:

  • Website downtime, technical issues, or server failures.

  • Errors, inaccuracies, or outdated content.

  • Unauthorized access or data breaches.

  • Third-party actions beyond our control.

If you are a consumer under the Australian Consumer Law (ACL), you may be entitled to certain statutory rights. Nothing in these Terms excludes or modifies any rights that cannot be lawfully excluded.

7. Disclaimers

General Information Only: The content on this website is for informational purposes and does not constitute professional or legal advice. We recommend consulting a qualified professional before relying on any website content for business decisions.

No Guarantees: While we strive to provide accurate and up-to-date information, we make no warranties or representations regarding the completeness, accuracy, or reliability of any content.

Service Availability: We reserve the right to modify, suspend, or discontinue any part of our services without prior notice.

8. Indemnification

By using this website, you agree to indemnify, defend, and hold HERD Media harmless from any claims, losses, damages, liabilities, or legal fees arising from:

  • Your use of our website or services.

  • Your violation of these Terms.

  • Any third-party claims related to your actions on this website.

9. Termination & Account Restrictions

HERD Media may, at its sole discretion, restrict, suspend, or terminate your access to our website or services without notice if you breach these Terms or engage in unlawful or harmful conduct.

10. Governing Law & Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or your use of this website shall be subject to the exclusive jurisdiction of the courts of New South Wales.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. Contact Us

If you have any questions or concerns regarding these Terms, please contact:

HERD Media Pty Ltd
📍 [Insert Business Address]
📧 [Insert Email]
📞 [Insert Phone Number]

12. Updates to These Terms

We may update these Terms periodically to reflect changes in laws, business operations, or user experience improvements. The latest version will always be available on our website.

Legal Disclaimer

This Terms of Use document is provided for informational purposes only and does not constitute legal advice. We recommend consulting a qualified Australian lawyer for specific legal guidance regarding your business.