Terms of Service

Last updated on February 13, 2025

These Terms of Service (“Terms”) govern your use of the website located at https://www.thesponge.com.au (including any subdomain of thesponge.com.au) and any related services (“Services”) provided by Sponge Holdings Pty Limited (trading as “Sponge,” “we,” “us,” or “our”).

By accessing or using our Website and Services, you agree to abide by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you are prohibited from using or accessing the Website or any Services provided by Sponge.

We reserve the right to review and amend these Terms at our sole discretion. When we make changes, we will update this page. Any changes to these Terms will take effect immediately from the date of publication.

These Terms were last updated on February 13, 2025.

1. Limitations of Use

By using this Website, you warrant on behalf of yourself, your users, and any other parties you represent that you will not:

Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials or software contained on this Website;
Remove any copyright or other proprietary notations from any materials or software on this Website;
Transfer the materials to another person or “mirror” the materials on any other server;
Knowingly or negligently use this Website or any of its associated Services in a way that abuses or disrupts our networks or any other service Sponge provides;
Use this Website or its associated Services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
Use this Website or its associated Services in violation of any applicable laws or regulations;
Use this Website in conjunction with sending unauthorized advertising or spam;
Harvest, collect, or gather user data without the user’s consent; or
Use this Website or its associated Services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

2. Intellectual Property

Unless otherwise indicated, all intellectual property (including, without limitation, copyrights and trademarks) in the materials contained on this Website is owned by or licensed to Sponge Holdings Pty Limited and is protected by applicable intellectual property laws. We grant our users permission to download one copy of the materials for personal, non-commercial, transitory use.

This grant of a licence does not constitute a transfer of title. This licence shall automatically terminate if you violate any of these restrictions or these Terms, and may be terminated by Sponge at any time.

3. Liability

Disclaimer of Warranties
Our Website and the materials on our Website are provided on an “as is” basis. To the extent permitted by law, Sponge Holdings Pty Limited makes no warranties, expressed or implied, and hereby disclaims all other warranties including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Limitation of Liability
To the extent permitted by law, in no event shall Sponge Holdings Pty Limited or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this Website or the materials on this Website, even if Sponge or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential, indirect, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other law that cannot be excluded, restricted, or modified by agreement.

4. Accuracy of Materials

The materials appearing on our Website are not comprehensive and are provided for general information purposes only. Sponge Holdings Pty Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the materials on this Website or otherwise relating to such materials or on any resources linked to this Website.

5. Links

Sponge Holdings Pty Limited has not reviewed all of the sites linked to its Website and is not responsible for the content of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Sponge of the site. Use of any such linked site is at your own risk, and we strongly advise you to make your own investigations regarding the suitability of those sites.

6. Right to Terminate

We may suspend or terminate your right to use our Website and Services, as well as these Terms, immediately upon written notice to you for any breach of these Terms.

7. Severance

Any provision of these Terms that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms is not affected.

8. Governing Law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that State.

9. Acceptable Use Policy

By using our Services, you also agree to comply with our Acceptable Use Policy, which is incorporated by reference into these Terms. Please refer to the relevant section or link provided on our Website to review the policy in full.

10. Contact

For any questions or concerns about these Terms, please use the contact methods provided on our Website. We do not publish our physical address, phone, or email address, but we will respond to queries submitted through the Contact page or any other designated channel on https://www.thesponge.com.au.