Data and Digital Marketing

TERMS &
CONDITIONS

1. About These Terms

Welcome to www.dndmarketing.com.au.

Data and Digital Marketing (“we”, “us”, “our”) owns and operates this website and provides related digital products and services, including WordPress plugins, software licences, and data analysis services.

By accessing this website, using our software, or purchasing a licence or subscription, you agree to be bound by these Terms and Conditions.


2. Privacy

We respect your privacy and are committed to protecting personal information in accordance with the Privacy Act 1988 (Cth).

We may collect and process information including, but not limited to:

  • Names and contact details

  • Website URLs and technical identifiers

  • Usage and diagnostic data

  • Analytics and advertising data supplied by you

Our software may process data from third-party platforms such as Google Analytics, Google Ads, and AI service providers (including OpenAI) for the purpose of delivering insights and recommendations.

We do not sell or rent personal information. Data may be shared with trusted service providers solely to deliver and support our services.

Further details are set out in our Privacy Policy, which forms part of these Terms.


3. Website Use

You may access and view content on this website for informational purposes.

You must not:

  • Use the website or its content for unlawful purposes

  • Misrepresent content as professional advice

  • Copy, reproduce, or distribute content without permission

We may update, modify, or remove website content at any time without notice.


4. Software, Plugins & Licences

We provide software products, including WordPress plugins, which may include both free and paid features.

4.1 Open-Source Licensing

Where stated, plugin source code is licensed under the GNU General Public License (GPL v2 or later). This licence applies to the software code only.

4.2 Paid Licences & Subscriptions

Paid features, licence keys, subscriptions, and associated services are provided as a commercial service governed by these Terms.

By purchasing a licence, you are granted a non-exclusive, non-transferable right to access features associated with your selected licence tier for the applicable billing period.

We reserve the right to:

  • Modify, enhance, or retire features between licence tiers

  • Enforce fair-use or usage limits to protect system integrity


5. AI-Generated Insights & Recommendations

Some features of our software use automated analysis and artificial intelligence to generate insights, recommendations, or content suggestions.

You acknowledge and agree that:

  • AI-generated outputs are provided for general informational purposes only

  • Outputs do not constitute professional, financial, legal, or marketing advice

  • Results depend on data quality, third-party platforms, and implementation choices

You are solely responsible for reviewing, validating, and deciding whether to act on any recommendations.


6. Third-Party Platforms & Data Sources

Our services may integrate with third-party platforms, including but not limited to:

  • Google Analytics

  • Google Ads

  • AI and cloud service providers

We are not responsible for:

  • Accuracy or completeness of third-party data

  • Availability, outages, or changes to third-party services

  • Changes to third-party terms, APIs, or pricing

You are responsible for ensuring you have the right to connect accounts and process data through our software.


7. Suspension, Downgrade & Termination

Access to paid features is conditional on an active licence and successful payment.

If a subscription expires, is cancelled, or payment fails, we may:

  • Suspend access to paid features

  • Downgrade access to a free or lower-tier plan

  • Restrict or disable service functionality until payment is resolved

Suspension or downgrade does not affect your rights to any software code licensed under GPL but may limit access to associated services and features.


8. Intellectual Property

All website content, branding, documentation, reports, and non-GPL materials are protected by copyright and intellectual property laws.

Except as permitted by law or licence, you must not copy, modify, or distribute our proprietary materials without prior written consent.

Third-party trademarks remain the property of their respective owners.


9. No Advice & No Reliance

All content, insights, recommendations, benchmarks, and reports provided via our website or software are for informational purposes only.

You must not rely on our content or outputs as a substitute for professional advice.


10. No Guarantees or Performance Claims

We do not guarantee:

  • Specific outcomes

  • Performance improvements

  • Revenue increases

  • Marketing or business success

Any metrics, comparisons, or recommendations are indicative only and do not constitute assurances of future performance.

Use of our website, software, and services is at your own risk.


11. Disclaimer & Limitation of Liability

To the maximum extent permitted by law:

  • We make no warranties regarding accuracy, completeness, or suitability

  • All services are provided “as is”

  • We exclude all liability for direct or indirect loss, including loss of data, revenue, or business opportunity

Nothing in these Terms excludes any rights you may have under Australian Consumer Law.


12. Indemnity

You agree to indemnify Data and Digital Marketing against all claims, losses, damages, liabilities, costs, and expenses arising from:

  • Your use of our website or software

  • Your breach of these Terms

  • Your misuse of third-party data or platforms


13. Third-Party Websites

This website may contain links to third-party websites for convenience only. We do not endorse or accept responsibility for external content.


14. Amendments

We may update these Terms from time to time. Continued use of our website, software, or services constitutes acceptance of the revised Terms.


15. Governing Law

These Terms are governed by the laws of Western Australia and applicable Australian Consumer Law.