Terms and Conditions

DIGITAL & GROW · LEGAL

Terms and Conditions

Please read these Terms and Conditions carefully before using our website or engaging with our services.

Effective Date: 15 October 2026 Last Updated: 15 October 2026

Welcome to Digital & Grow, operated by DIGITAL AND GROW PTY LTD (ABN 43 678 547 165), an Australian company based in Queensland, Australia.

These Terms and Conditions govern your access to and use of our website, digitalandgrow.com , and explain the general conditions applicable to our digital technology, educational technology, and business support services.

By accessing or using our website, you agree to comply with these Terms and Conditions. If you do not agree, please discontinue use of the website. Separate service agreements may apply when you engage our services.

1. About Digital & Grow

Digital & Grow provides digital technology and educational technology solutions to Registered Training Organisations (RTOs), education providers, businesses, and other organisations.

Our services may include:

  • Moodle Learning Management System (LMS) setup and configuration.
  • Moodle platform administration, customisation, and technical support.
  • Digital learning resource and educational content development.
  • Website design, development, and maintenance.
  • Software development and technology integration.
  • Artificial intelligence (AI) integration and automation.
  • Dedicated technical and administrative support services.
  • Business technology consultation and related digital services.

Specific service deliverables, pricing, schedules, responsibilities, and support arrangements are agreed separately with each client.

2. Website Use

You agree to use our website only for lawful purposes and in a manner that does not interfere with its operation or the rights of others.

You must not:

  • Attempt unauthorised access to our systems or accounts.
  • Introduce malware, harmful scripts, or malicious software.
  • Interfere with the security, availability, or performance of the website.
  • Use automated tools to collect website content without authorisation.
  • Misrepresent your identity or provide deliberately misleading information.
  • Copy or redistribute protected website content without permission.

We may take reasonable steps to restrict access where necessary to protect our website, systems, users, or legal rights.

3. Service Enquiries and Quotations

Information displayed on our website is provided for general information and does not automatically constitute a binding offer to provide services.

Service availability, inclusions, timelines, and pricing may depend on the complexity and requirements of an individual project.

Quotations and proposals may specify their own validity periods, assumptions, and acceptance procedures.

A service engagement is generally established when the parties agree to the applicable proposal, service agreement, or other binding arrangement.

4. Client Service Agreements

Where a client engages Digital & Grow for professional services, a separate proposal, statement of work, or client service agreement may apply.

These documents may establish:

  • Project scope and deliverables.
  • Fees and payment arrangements.
  • Project timelines and milestones.
  • Client and provider responsibilities.
  • Hosting, support, and maintenance arrangements.
  • Intellectual property ownership and licensing.
  • Confidentiality and data protection.
  • Cancellation and termination rights.

If an agreed client service agreement conflicts with these general website terms, the specific service agreement will ordinarily prevail in relation to the contracted services, subject to applicable law.

5. Moodle LMS Services

Digital & Grow provides Moodle LMS setup, configuration, administration, customisation, migration, maintenance, and related support services according to agreed project requirements.

Moodle services may depend on external infrastructure, third-party software, internet connectivity, plugins, and hosting arrangements.

Unless expressly agreed otherwise, Digital & Grow does not guarantee uninterrupted platform availability or compatibility with every third-party integration, plugin, or future software release.

Clients remain responsible for ensuring that their use of Moodle complies with applicable educational, regulatory, recordkeeping, and organisational requirements.

Any agreed service levels, backup responsibilities, recovery arrangements, and support response times will be described in the relevant service agreement.

6. Learning Resources and Educational Content

Digital & Grow may assist clients in developing, formatting, adapting, or publishing digital educational resources, including online lessons, presentations, videos, and learning activities.

Unless otherwise agreed, the client is responsible for verifying:

  • The accuracy and suitability of educational content.
  • Alignment with applicable training package requirements.
  • Compliance with relevant education and training standards.
  • Permissions to use supplied copyrighted materials.
  • Final approval before materials are published or distributed.

Intellectual property ownership, licensing, and permitted reuse of resources will be governed by the applicable service agreement.

7. AI and Automated Technology

Certain Digital & Grow services may incorporate artificial intelligence, automated workflows, or third-party AI technology.

AI-generated outputs may contain errors, omissions, inconsistencies, or incomplete information.

Such outputs should be reviewed by appropriately qualified personnel before being relied upon for consequential educational, professional, or business decisions.

Important: AI-assisted educational and assessment tools are intended to support authorised trainers and assessors. Responsibility for final competency and assessment decisions remains with the relevant education provider and its authorised personnel.

The scope, data processing arrangements, limitations, and permitted uses of AI-enabled services may be addressed in separate contractual documentation.

8. Website and Software Development

Website development, software customisation, integration, and related services are provided according to agreed specifications.

Clients are responsible for providing required content, materials, approvals, credentials, and relevant information within reasonable agreed timeframes.

Requests for additional functionality or changes outside the agreed project scope may require revised quotations, schedules, or written approval.

Ongoing hosting, software updates, security maintenance, and technical support are included only where expressly agreed.

9. Client Responsibilities

Clients engaging Digital & Grow are expected to:

  • Provide accurate and complete project information.
  • Maintain necessary rights and permissions for supplied materials.
  • Provide authorised access to relevant systems.
  • Review and approve deliverables within agreed timeframes.
  • Protect their own account credentials and user permissions.
  • Comply with applicable laws and regulatory obligations.
  • Notify us of relevant technical issues or security concerns.

Both parties are expected to cooperate reasonably to support successful service delivery.

10. Fees and Payments

Fees for Digital & Grow services are determined by the applicable quotation, proposal, invoice, or service agreement.

Depending on the engagement, fees may include:

  • Initial setup charges.
  • Recurring platform fees.
  • Technical support fees.
  • Project-based development fees.
  • Dedicated staffing charges.
  • Third-party licensing or hosting costs.

Payment due dates, invoicing arrangements, applicable taxes, and any permitted consequences of late payment will be stated in the relevant agreement or invoice.

Any changes to fees under an ongoing service arrangement will be managed according to the applicable agreement and relevant law.

11. Cancellations and Refunds

Cancellation, rescheduling, termination, and refund arrangements are determined by the relevant service agreement and applicable law.

Where a client wishes to cancel an engagement, we encourage them to contact Digital & Grow as early as possible to discuss completed work, outstanding obligations, and available options.

Any agreed cancellation fees must be consistent with the applicable contract and law.

Nothing in these Terms and Conditions excludes or restricts any refund, remedy, or other right that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.

12. Intellectual Property

Unless otherwise stated, the content of the Digital & Grow website, including its text, graphics, original designs, branding, and other protected materials, is owned by or licensed to Digital & Grow.

You may view website content for lawful personal or internal business reference purposes.

You must not reproduce, commercially distribute, or modify protected website materials without permission, except where permitted by law.

Ownership and licensing of custom software, website deliverables, source code, educational materials, and other commissioned work will be governed by the relevant service agreement.

Third-party platforms and software, including Moodle and associated components, remain subject to their respective intellectual property rights and licences.

13. Confidentiality and Client Information

Digital & Grow recognises that clients may share confidential business information, system details, training materials, and personal information during service delivery.

We aim to handle such information responsibly and in accordance with applicable confidentiality, privacy, and contractual obligations.

Clients should provide access only to the information and systems reasonably necessary for the agreed services.

More detailed confidentiality requirements may be specified in the applicable client agreement.

14. Privacy and Data Protection

Digital & Grow respects the privacy of website visitors, clients, and individuals whose information may be processed in connection with our services.

Our collection, use, disclosure, storage, and management of personal information are described in our Privacy Policy.

Please review our Privacy Policy for further information.

15. Third-Party Platforms and Services

Our website and professional services may rely on independent third-party systems, hosting providers, software applications, plugins, APIs, and external websites.

These services may be subject to separate terms, licensing conditions, privacy policies, or usage limitations.

Digital & Grow does not control every aspect of third-party technology and cannot guarantee the ongoing availability or performance of independent services.

Responsibility for particular integrations or external services will depend on the applicable project arrangement and law.

16. Availability and Service Limitations

We aim to provide accurate website information and reliable professional services.

However, website availability, technical performance, and certain digital services may be affected by maintenance, infrastructure issues, network interruptions, software updates, or events beyond reasonable control.

Website information may be updated periodically and should not be treated as a guarantee of any particular project result.

Any specific performance commitments, support guarantees, or service levels will be established in the relevant service agreement.

17. Liability and Consumer Rights

Nothing in these Terms and Conditions excludes, restricts, or modifies rights or remedies that cannot lawfully be excluded, restricted, or modified.

This includes applicable consumer guarantees under the Australian Consumer Law.

To the extent permitted by law, Digital & Grow does not accept responsibility for losses arising solely from a visitor's misuse of the public website or reliance on general website information without obtaining appropriate professional advice.

Liability arising under a paid client engagement will be assessed according to the applicable service agreement and law.

18. Changes to These Terms

Digital & Grow may update these website Terms and Conditions to reflect changes in our business, website, technology, or legal requirements.

Revised website terms will be published on this page with an updated effective date.

Changes to an existing client service agreement will be handled in accordance with that agreement and applicable law.

19. Governing Law

These website Terms and Conditions are governed by the laws applicable in Queensland, Australia.

Any dispute relating to the use of this website will be addressed in accordance with applicable Australian law, including any mandatory legal rights or jurisdictional protections.

Client service agreements may contain additional dispute resolution and governing law provisions.

20. Contact Information

If you have any questions about these Terms and Conditions, please contact Digital & Grow.

Get in Touch

DIGITAL AND GROW PTY LTD
Trading as Digital & Grow
ABN: 43 678 547 165

Principal Place of Business
Office 1, Level 8
269 Wickham Street
Fortitude Valley QLD 4006
Australia

Website
digitalandgrow.com

Email
[email protected]

Phone
0466 915 999