Term
Term
of Use
About These Terms
These Website Terms of Use (Terms) govern access to and use of websites operated by Phalyda Pty Ltd ACN 671 935 283 (Phalyda, we, us or our), including phalyda.com and associated websites operated by Phalyda (Website).
By accessing or using the Website, you agree to these Terms. If you do not agree to these Terms, you should discontinue use of the Website.
About Phalyda
Business and marketing strategy
Business and digital transformation
SaaS and technology
Artificial intelligence and automation
Business systems and architecture
CRM and customer experience
Data
Communications
Outsourced marketing
Implementation
Related advisory and professional services
Phalyda also develops and operates technology products and platforms, including LYDA OS.
Purpose of the Website
The Website provides information about Phalyda, our capabilities, products, services, technology, LYDA OS, insights, projects, resources and ways to contact or engage with us. Website information is general in nature unless expressly stated otherwise.
Website Terms Are Separate from Client and SaaS Agreements
These Terms govern use of the public Website. They do not replace the specific contractual terms governing professional services, consulting engagements, outsourced services, projects, SaaS subscriptions, LYDA OS, software licences, implementation services or other paid products or services.
Those relationships may be governed by a separate proposal, Order Form, Statement of Work, Services Agreement, SaaS Agreement, Subscription Agreement, Product Schedule or other written agreement. If a specific agreement applies, that agreement governs the relevant product or service to the extent of any inconsistency.
General Information Only
Content on the Website is provided for general informational purposes. Unless expressly stated otherwise, it is not intended to constitute legal, financial, taxation, accounting, investment, cybersecurity or other regulated professional advice. Information should not be relied upon as a substitute for advice appropriate to your particular circumstances.
No Guarantee of Results
Phalyda may publish information concerning strategy, marketing, transformation, technology, artificial intelligence, SaaS, automation, business systems, customer experience, growth, business performance and other commercial topics.
Business outcomes depend on numerous factors outside Phalyda's control. Nothing on the Website constitutes a guarantee of revenue, profitability, leads, sales, customer acquisition, conversion, search rankings, marketing results, operational savings, AI performance, business growth or any particular commercial outcome.
Accuracy and Currency
We take reasonable care when preparing Website content. However, information may change, become outdated, contain errors, depend on third-party information or no longer reflect current products or functionality. We do not guarantee that all Website content will always be complete, current or error-free. We may update, remove or modify content without notice.
Intellectual Property
Unless otherwise stated, Phalyda owns or is licensed to use the intellectual property associated with the Website, including Phalyda branding, LYDA OS branding, trademarks, logos, text, graphics, designs, photographs, videos, software, interfaces, source and object code, methodologies, frameworks, diagrams, systems, templates, reports, presentations, research, processes, prompts, workflows, documentation and other materials. All rights are reserved except where expressly granted.
Permitted Use
You may access and view Website content for legitimate personal or business-information purposes. You may share links to publicly available Website pages. You must not use Website content commercially beyond ordinary reference or sharing without our written permission where permission is legally required.
Prohibited Use
Reproduce substantial Website content for commercial use
Republish proprietary content as your own
Copy Phalyda methodologies, frameworks or systems for commercial exploitation
Remove copyright, trademark or proprietary notices
Falsely imply endorsement or affiliation with Phalyda
Systematically scrape Website content
Harvest data from the Website
Attempt to gain unauthorised access
Circumvent security measures
Introduce malware
Disrupt the Website or associated infrastructure
Probe or test vulnerabilities without authorisation
Impersonate another person
Use the Website unlawfully
Use proprietary Website content to develop or train a competing commercial product, AI system or knowledge base where that use would infringe Phalyda's rights
Artificial Intelligence and Automated Systems
Parts of the Website or Phalyda's digital services may use artificial intelligence or automated technologies. AI-generated or AI-assisted information may contain errors, be incomplete, produce unexpected results, vary between interactions or require human verification. You should exercise appropriate judgement when relying on AI-generated information.
AI functionality available through LYDA OS or another Phalyda product may be governed by separate product or subscription terms.
Website Enquiries
You may provide information through contact forms, enquiry forms, booking forms, questionnaires, newsletter forms, downloads, registrations or other Website functionality. You must not knowingly submit false information, unlawful material, malicious code, information you have no authority to provide or material that infringes another person's rights. Submission of an enquiry does not require Phalyda to accept an engagement or provide services.
Privacy
Personal Information collected through the Website is handled in accordance with the Phalyda Privacy Policy. The Privacy Policy should be read together with these Terms. Privacy Policy
Cookies and Analytics
The Website may use cookies, analytics tools, pixels and similar technologies to operate the Website, understand visitor behaviour, improve performance, measure marketing activity, maintain security and improve user experience. Further information is available in our Privacy Policy and any applicable cookie notice.
Third-Party Services
The Website may use or link to third-party websites, applications, social-media platforms, AI providers, software, payment services, booking systems, analytics services, embedded content and other technology. Phalyda does not control all aspects of third-party services. Use of a third-party service may be subject to that provider's terms and privacy practices.
External Links
Links to third-party websites are provided for convenience or information. A link does not necessarily mean that Phalyda endorses the third party, guarantees its services, approves its content or accepts responsibility for its conduct. You access third-party websites at your own discretion.
Website Availability
We do not guarantee continuous or uninterrupted access to the Website. Availability may be affected by maintenance, upgrades, technical faults, cyber incidents, hosting providers, internet providers, third-party services or events beyond our reasonable control. We may change, suspend or discontinue Website functionality where reasonably necessary.
Security
Phalyda takes reasonable steps to maintain Website security. However, no internet-connected service can be guaranteed to be completely secure. You are responsible for maintaining reasonable security over your device, browser, internet connection, passwords and other credentials used to interact with our systems.
Marketing Communications
Where permitted by law, Phalyda may communicate with individuals who subscribe, make an enquiry, request information, become clients or otherwise provide appropriate consent or where communication is otherwise legally permitted. Commercial electronic communications will include appropriate identification and unsubscribe functionality where required by law.
Testimonials, Case Studies and Results
The Website may contain testimonials, case studies, client examples, performance information or descriptions of previous work. These illustrate particular experiences or engagements. They do not guarantee that another client or business will achieve the same result.
Limitation of Liability
Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified. Subject to those rights and to the maximum extent permitted by law, Phalyda is not responsible for loss arising solely from reliance on general Website information, Website unavailability, third-party websites or services, unauthorised or prohibited use of the Website or circumstances outside Phalyda's reasonable control.
Australian Consumer Law
Nothing in these Terms is intended to exclude, restrict or modify any guarantee, right or remedy available under the Australian Consumer Law or other law where doing so would be unlawful.
Indemnity for Unlawful Website Use
To the extent permitted by law, you are responsible for loss reasonably incurred by Phalyda as a direct result of your unlawful use of the Website, intentional infringement of Phalyda's rights or material breach of these Terms. This provision does not apply to the extent Phalyda caused or contributed to the relevant loss.
Changes to the Website
Phalyda may change Website content, design, functionality, services described, products described, pricing information and other Website materials from time to time. Information displayed on the Website does not override a signed or otherwise binding client or subscription agreement.
Changes to These Terms
We may update these Terms from time to time. The current version will be published on the Website and will identify the latest update date. Changes apply prospectively from publication, subject to applicable law.
Governing Law
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from those courts. Nothing in this clause limits rights that cannot lawfully be excluded under applicable law.
Severability
If part of these Terms is invalid or unenforceable, that part will be read down where legally possible. If it cannot be read down, it will be severed without affecting the remaining Terms.
Contact Phalyda
Questions about these Terms may be directed to:
Legal & Privacy Enquiries
Phalyda Pty Ltd.
ACN 671 935 283
Email: legal@phalyda.com
Website: phalyda.com
Address: Sydney, Australia | Supporting businesses across Australia and Asia-Pacific
