TERMS AND CONDITIONS OF TRADE & WEBSITE/APP USE

 

Agreement

 

These terms and conditions of trade & webite/app use (“Terms and Conditions”) as amended from time to time, constitute the full and complete agreement (the “Agreement”) between you and DIAL A STYLE AUSTRALIA PTY LTD ACN 078 471 940 (“DAS”, “us”, “we” or “our”).

 

This Agreement governs the downloading, installation, access, and/or use by you of mobile software applications, websites & content made available by DAS and the purchase by you and sale by us of goods and services to you (“Services). By accessing, browsing, downloading, installing and/or using our website or any of our mobile software applications through whatever platform (hereafter collectively referred to as (“Website/APP”) and/or by making a booking and/or otherwise purchasing Services from us, you acknowledge and agree to having read, understood and agreed to the Terms and Conditions set out herein (including the Privacy Policy) and you represent and acknowledge that you are over 18 years of age.

 

We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to the Website/APP. Any new products, services, features and/or tools, which are added to the Website/APP shall also be subject to these Terms and Conditions. You can review the most current version of these Terms and Conditions at any time on the Website/APP. It is your responsibility to check this Website/APP periodically for changes. Your continued use of, or access to the Website/APP following the posting of any changes constitutes acceptance of those changes.

 

Subject to the Terms and Conditions of this Agreement, DAS as owner, agrees to provide the Services set out in this Website/APP for your personal, non-commercial use only.

 

Booking a DAS Personal Service Provider (“PSP”) to provide the Services

 

Booking a DAS Personal Service Provider (“PSP“) and/or purchasing the Services may be facilitated on our Website/APP. The type of PSP and/or Services you require will be as specified by you and accepted by us at the time of booking or in the case of purchasing goods at the time of order. When booking or purchasing goods online  you are deemed to place a booking or order with us, by booking or ordering via our online process. As part of our process you will be given the opportunity to check your booking or order and to correct any errors.

 

This is your offer to purchase the attendance of a PSP or the Services. We will confirm your booking  once payment of the booking fee (“Booking Fee”) is received with a booking acknowledgement (“Booking Confirmation”) detailing the appointment details including the date and time the Services are to be provided to you (“Service Time“) and the address at which the PSP will attend to provide the Services (“Location“), which is our acceptance of your offer. We will confirm your order of Services once payment for the order is received in full, with a confirmation which is our acceptance of your offer.

 

We may refuse to accept a booking or order, where a PSP or the Services are not available, we cannot obtain authorization for your payment, if there has been a pricing or service description error, if you do not meet any eligibility criteria set out in this Agreement or for any reason DAS deems in its absolute discretion. We reserve the right at any time to modify, postpone or cancel the booking, the Services (or any part or content thereof) or order without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or cancelation, discontinuance of the booking, the Services or order.

 

Postponements and Cancellations

 

A booking or order may not be cancelled by you. However a booking may be postponed if you provide DAS with at least 24 hours notice prior to the Service Time. In the event that such notice has been given, DAS will endeavor to reschedule the booking if required. If you do not provide 24 hours notice prior to the Service Time, cancel the booking or are not in attendance at the Location within 10 minutes after the Service Time, you agree we may retain the the Booking Fee as compensation.

 

The Appointment

 

DAS will provide one or more PSP’s to attend at the Location to consult with you in respect to the available Services at the Service Time.

 

At the Location our PSP will take your order as to the specific goods or services to be provided by us at the appointment and your payment details (“Order”). You acknowledge, that you accept and  confirm your Order by pressing the client order button located on our PSP’s devise screen.

 

In the event that the Order is accepted by us, we will send notification of our acceptance (“Order Confirmation”) to our PSP and you.

 

If we do not accept your Order we will retain the Booking Fee in respect to our PSP’s attendance at the Location.

 

Any changes to the Order must be agreed by DAS. If you require any additional goods or services, after the Order Confirmation or to vary the Order, you must obtain DAS’s approval (which it may approve or refuse in its absolute discretion). The PSP’s are not authorized to agree to any changes to the Order . You must not request such changes directly from the PSP’s . In the event we do not accept a change or variation to the Order we will provide the goods and services in accordance with the original Order Confirmation. In the event we do approve a variation then we will send another Order Confirmation verifying the variations.

 

At the Conclusion of the appointment you must pay for the Services provided. The amount you will be required to pay is the total price stipulated in your Order Confirmation (this amount will include GST which is payable by you). Payment must be made through the Website/APP directly to DAS. Payment will then be processed.

 

Payments

 

If you make a payment to DAS , then you acknowledge and agree:

 

  1. that we, or one of our third party payment processors (each a “Payment Processor“), may charge your credit card for the purchase (including, as applicable, for recurring charges such as monthly or other types of periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase ;

 

  1. to only provide true, valid and current information for yourself; or another person, but only if you have first obtained their express consent to do so;

 

  1. that we may use the tools, software or services of Payment Processors to process transactions on our behalf; and

 

  1. if your payment is not received by us for any reason from your card issuer your Booking will not be accepted.

 

All payments by you:

 

  1. unless otherwise stated, are and shall be paid in Australian dollars;

 

  1. are non-refundable; and

 

  1. are exclusive of all taxes, levies, or duties, which are your responsibility.  We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of a Payment Processor.

 

If your payment fails to be processed for any reason , the amount owing will be immediately due and payable.

 

Services

 

Subject to these Terms and Conditions, DAS endeavors to provide the Services in a timely, professional manner.

 

 

Access & Attendance

 

In the event that you do not provide unfettered access to the Location for the PSP to provide the Services ordered, you agree that we may retain the Booking Fee as compensation.

 

If the PSP fails to attend the Location within sixty minutes after the Service Time and does not provide the requested Services, DAS will provide you with either:

  1. a full refund of payments made by you for that booking; or

 

  1. offer to reschedule the Services at another time mutually agreed between you and DAS.

 

Complaints

 

If you are dissatisfied for any reason with the Services provided, you must inform DAS within 24 hours of completion of the Services. DAS will use its reasonable endeavors to resolve the complaint quickly and efficiently. Subject to Australian Consumer Laws DAS may, at its discretion, offer you either of the following:

  1. re-supply of the Services without further charge; or

 

  1. such other remedy as deemed appropriate by DAS in its absolute discretion.

 

Not Compete

 

You acknowledge DAS invests significant resources in recruiting, selecting and training its PSP’s. Unless DAS gives prior written permission, you must not, directly or indirectly, engage, employ or contract with any PSP’s to provide any of the Services to you or any associate of yours for any period during which the Services are provided by DAS or for a period within 6 months after the provision of any Services. Further you acknowledge that DAS may suffer loss and damage, including, without limitation consequential loss, as a result of your breach.

 

Health and Safety

 

You acknowledge and agree:

 

  1. The PSP’s are entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Location.

 

  1. The PSP’s may, either before or during the provision of the Services not use or cease using any materials or equipment provided by you if the PSP thinks, in their absolute discretion, that the use of such materials or equipment poses a risk to health and safety.

 

  1. The PSP’s may, either before or during the provision of the Services not provide or cease the provision of the Services where carrying out the Services presents, in the absolute discretion of the PSP’s, a risk to health and safety.

 

Your Representations

 

You represent and warrant that:

 

  1. You are authorized to use the Location and obtain the provision of the Services at the Location;

 

  1. You will advise the PSP’s prior to the commencement of the Services of any hazards, slippery surfaces, risks or dangers at the Location;

 

  1. You will provide the PSP with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the PSP to provide the Services.

 

  1. The PSP’s will have unencumbered and unobstructed access to those areas of the Location where the Services will be provided;

 

  1. You will provide a safe working environment at the Location for the PSP’s to perform the Services;

 

  1. You will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewellery, works of art, antiques, or items of sentimental value prior to the commencement of the Services.

 

  1. You must inform DAS of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the PSP’s within 24 hours of provision of the Services. To the extent permitted by law, you are not entitled to claim any loss for any incident if the incident is not reported to DAS within 24 hours of provision of the Services. Further, to the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of DAS under these Terms and Conditions: cash, jewellery, art, antiques, and items of sentimental value.

 

Consumer Guarantees

 

Our Services come with guarantees that cannot be excluded under the Competition and Consumer Act (Cth) 2010 (“CCA”). You are entitled to have the Services repaired or replaced if the Services fail to be of an acceptable quality and the failure does not amount to a major failure. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Subject to those consumer guarantees and other non-excludable rights, to the extent permitted by law, all other guarantees, representations, warranties and conditions of any kind, implied by statute, general law or custom relating to our Services are excluded.

 

If the CCA, the Sale of Goods Act (NSW) or any other legislation or the general law imposes on us liability in respect to the Services then our liability will subject to applicable laws (including the provisions of the CCA in relation to “major failures”), be limited to, at our discretion:

 

  1. in the case of goods – the repair of the goods, the replacement of the goods or the supply of equivalent goods or to the payment of the costs of repair, replacement or supply of equivalent goods; and

 

  1. in the case of services – the re-supply of those services or the payment of the costs of having those services re-supplied.

 

To the extent permitted by law, DAS is not responsible for:

 

  1. not completing or providing the Services as a result of a breach of a term or condition in this Agreement by you; or

 

  1. any damages caused by goods or materials provided by you;

 

  1. The PSP’s not completing or providing the Services as a result of not proceeding for health and safety reasons;

 

  1. any loss or damage incurred by you or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of DAS or the PSP’s;

 

  1. not completing or providing the Services due to an act or omission of yours or any other person at the Location during provision of the Services;

 

  1. any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the Location.

 

Results Vary

 

You acknowledge that the results of any Services provided may vary depending on a number of factors. DAS gives no guarantee as to the actual results of the provision of the Services.

 

Prices

 

All prices can be withdrawn or varied without notice. Prices quoted are subject to change, which may occur by reason of matters outside our control, which increase the cost of the relevant product or service.

 

Site Account

 

In order to use certain DAS Services or some of the services of the Website/APP, you may have to create a Website/APP account (“Account“).  You agree not to create an Account for anyone else or use the account of another without their permission.  When creating your Account, you must provide true, accurate and complete information.  You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure.  You must notify DAS immediately of any breach of security or unauthorized use of your Account.  You are solely responsible and liable for the activity that occurs in connection with your Account.  If you wish to delete your Account you may send an email request to DAS.

 

Notifications

 

Some of our DAS Services may include a notification service whereby we send notifications and updates about the DAS Services that you are participating in (“Notification Service“).  If you are participating in the Notification Service you agree:

 

  1. that we may send you notifications and messages via email, MMS, SMS text or other electronic means to your mobile phone number and/or email address designated in your Account; and

 

  1. to promptly update your contact information in your Account in the event that you change or deactivate your mobile phone number or email address.  Please note that DAS does not charge you to participate in the Notification Service but your telecommunications carrier or internet provider may charge you for their fees for messaging, data, internet access and other rates for receiving Notifications.  Of course if you choose to respond to a Notification (or otherwise contact us) by sending an email, MMS, SMS text or other form of electronic message then you may be charged for doing so by your telecommunications carrier or internet provider.

 

Intellectual Property Rights.

The text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Website/APP (collectively, the “Materials“); Website/APP software (“Software“); User Submissions and together with the Materials and Software, (the “Content“); the trademarks, service marks and logos contained therein (“Marks“), are the property of DAS and/or our licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  The DAS, logos, are Marks of DAS or its affiliates.  All other trademarks, service marks, and logos used on our Website/APP are the trademarks, service marks, or logos of their respective owners.  We reserve all rights not expressly granted in and to the Website/APP and the Content and Marks. Content on the Website/APP is provided to you on an ‘as is’ and ‘as available’ basis for your personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.  If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein; and unauthorized reproduction or distribution of the Contents, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Website/APP is licensed, not sold, to you by DAS for use strictly in accordance with the terms and conditions of this Agreement, and any “usage rules” established by any other third party usage rules or terms of use, such as Apple Inc. and such other vendors (“Usage Rules”), which are incorporated herein by this reference. DAS grants you a revocable, non-exclusive, non-transferable, limited right to install and use the Website/APP on a single device owned and controlled by you, and to access and use the Website/APP on such device strictly in accordance with the terms and conditions of this Agreement and the Usage Rules. You shall use the Website/APP strictly in accordance with this Agreement and shall not: decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Website/APP; make any modification, adaptation, improvement, enhancement, translation or derivative work from the Website/APP; violate any applicable laws, rules or regulations in connection with your access or use of the Website/APP; remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of DAS or its PSP’s, affiliates, partners, suppliers or the licensors of the Website/APP; use the Website/APP for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; make the Website/APP available over a network or other environment permitting access or use by multiple devices or users at the same time; use the Website/APP for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by DAS; use the Website/APP to send automated queries to any website, mobile application or to send any unsolicited commercial e-mail; or use any proprietary information or interfaces of DAS or other intellectual property of DAS in the design, development, manufacture, licensing or distribution of any Website/APPs, accessories or devices for use with the Website/APP.  You acknowledge and agree that the Website/APP and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of DAS. Furthermore, You acknowledge and agree that the source and object code of the Website/APP and the format, directories, queries, algorithms, structure and organization of the Website/APP are the intellectual property and proprietary and confidential information of DAS and its affiliates, licensors and suppliers. Except as expressly stated in this Agreement, You are not granted any intellectual property rights in or to the Website/APP by implication, estoppel or other legal theory, and all rights in and to the Website/APP not expressly granted in this Agreement are hereby reserved and retained by DAS. The Website/APP may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software“). You acknowledge and agree that your right to use such Third Party Software as part of the Website/APP is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this Agreement and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall the Website/APP or components thereof be deemed to be “open source” or “publically available” software. You may not under any circumstance rent, lease, lend, sublicense or transfer the Website/APP, this license or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

 

 

Site Restrictions

 

You agree at all times to comply with these Terms and Conditions and the applicable law and shall not:

 

  1. copy, distribute or modify any part of the Website/APP without our prior written authorization;

 

  1. transmit any Content, which contains software viruses, or other harmful computer code, files or programs;

 

  1. disrupt the servers or networks connected to the Website/APP;

 

  1. circumvent, disable or otherwise interfere with security-related features of the Website/APP or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website/APP;

 

  1. collect Content or information from the Website/APP, or otherwise access the Website/APP, by using any automated means, including without limitation, “robots,” “spiders,” “scrapers” and “offline readers,” without our prior written approval which we may revoke at any time;

 

  1. collect or harvest any personally identifiable information, including account names or email addresses from the Website/APP;

 

  1. use any communications systems provided by the Website/APP to send unsolicited or unauthorized commercial communications, including without limitation by email, SMS, MMS, or any other means;

 

  1. remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on the Website/APP;

 

  1. use the DAS name, logo or trademarks without our prior written consent; and/or

 

  1. use the Website/APP to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms and Conditions.

 

Accuracy

 

We attempt to be as accurate as possible.  However, we cannot, and do not warrant that the Content available on the Website/APP is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.  Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

 

We do not warrant that any information or advice that may be presented on the Website/APP is appropriate, accurate, current, or suitable for you.  If you have any specific medical or care-related questions with respect to yourself we recommend that you consult a qualified medical professional.

 

Disclosure

 

We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Website/APP, and your use thereof, as we reasonably believe is necessary to:

 

  1. satisfy any applicable law, regulation, legal process, subpoena or governmental request;

 

  1. enforce these Terms and Conditions, including to investigate potential violations of them;

 

  1. detect, prevent, or otherwise address fraud, security or technical issues;

 

  1. respond to user support requests;

 

  1. protect the rights, property or safety of DAS, our users or the public; and

 

6. in accordance with our Website/APP Privacy Policy.

 

Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL DAS OR ITS PSP’S, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE/APP, THE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT DAS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DAS’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

Indemnification

 

You agree to defend, indemnify and hold harmless DAS, its PSP’s and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to legal fees) arising from or relating to:

 

  1. your use of and access to the Website/APP and the Services;

 

  1. any interaction between you and another user;

 

  1. your violation of any provision of these Terms and Conditions;

 

  1. your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right;

 

  1. any third- party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Website/APP or the Services;

 

  1. your breach of this license to use the Website/APP;

 

  1. your violation of law; or

 

8.  your negligence or wilful misconduct.

 

This defense and indemnification obligations will survive the termination of this Agreement and your use of the Website/APP or Services.

 

Warranty Disclaimer

 

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE/APP AND THE SERVICES ARE PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE WEBSITE/APP, THE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. DAS AND ITS PSP’S, AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRSENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE WEBSITE/APP, THE SERVICES AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, DAS, ITS PSP’S AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE WEBSITE/APP, THE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE/APP, THE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF THE SERVICES, ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE WEBSITE/APP WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE WEBSITE/APP, THE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAS, ITS PSP’S OR FROM THE WEBSITE/APP SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT DAS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE WEBSITE/APP.

 

DAS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE WEBSITE/APP OR THE SERVICES.

 

DAS DOES NOT GUARANTEE THAT THE WEBSITE/APP WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS.  THE WEBSITE/APP MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  YOU AGREE THAT DAS WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICES THAT IS FEATURED OR ADVERTISED ON THE WEBSITE/APP BY A THIRD PARTY OR THAT IS INCLUDED IN A USER SUBMISSION.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT DAS SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY WEBSITE/APP USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY WEBSITE/APP USER IS AT YOUR SOLE RISK.  IF YOU HAVE A DISPUTE WITH ANY WEBSITE/APP USER IN CONNECTION WITH THE WEBSITE/APP OR ANY USER SUBMISSION, YOU AGREE THAT DAS IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE.  DAS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

 

Privacy

 

We will use any personal information that we may collect or obtain in connection with the Website/App and Services in accordance with our privacy policy, which is stated on the Website/APP (“Privacy Policy“).  You agree that we may use personal information that you provide or make available to us in accordance with our Privacy Policy.

 

Advertisements

 

The Website/APP may display advertisements not operated by DAS. The existence of an advertisement shall not be construed as an endorsement by DAS of the advertisement or its content. You acknowledge and agree that the provision of access to any third party content and service shall not constitute or imply any endorsement by DAS or its PSP’s, affiliates of such third party content and services. DAS reserves the right to restrict or deny access to any third party ontent and services otherwise accessible through the Website/APP, although DAS has no obligation to restrict or deny access even if requested by you.

You understand that by accessing and using the third party content and services, you may encounter information, materials and subject matter that you or others may deem offensive, indecent, or objectionable; which may or may not be identified as having explicit language, and; that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use the third party content and services at your sole risk and that DAS and its affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.

 

Links

 

The Website/APP may contain links, and may enable you to post content, to third party websites or mobile software applications that are not owned or controlled by DAS.  We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites.  You:

 

  1. are solely responsible and liable for your use of and linking to third party websites or mobile software applications and any content that you may send or post to a third party website or mobile software application; and

 

  1. expressly release DAS from any and all liability arising from your use of any third party website or mobile software applications .

 

DAS permits you to link to the Website/APP provided that:

 

  1. you link to but do not replicate any page on this Website/APP;

 

  1. the hyperlink text shall accurately describe the Content as it appears on the Website/APP;

 

  1. you shall not misrepresent your relationship with DAS or present any false information about DAS and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent;

 

  1. you shall not link from a website or mobile software applications that you do not own;

 

  1. your website, mobile software applications and domain name, does not contain that (a) is offensive or controversial (both at our sole discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or

 

  1. you, and your website or mobile software application comply with these Terms and Conditions and the applicable law.

 

User Submissions

 

The Website/APP may permit the submission, hosting, sharing and publishing of materials by you and other users (“User Submissions“).  You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.  You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them.  We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all content posted on the Website/APP (including User Submissions) at any time and for any reason.

 

You represent and warrant that you own or have the necessary rights and permissions to use and authorize DAS to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Website/APP and these Terms and Conditions.  Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions.  “Intellectual Property Rights” includes any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.

 

If your User Submission contains the contact information or any personally identifiable information of any person you hereby expressly represent and warrant that:

  1. you have complied, and will comply, with all applicable privacy laws;
  2. you have obtained the express consent of the person to include their contact information or personally identifiable information in your User Submission; and
  3. that the person is aware that they may be contacted as a result.

 

You agree that you will not display, post, submit, publish, upload or transmit a User Submission that:

  1. is unfair or deceptive under the consumer protection laws of any jurisdiction;
  2. impersonates another person;
  3. is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights;
  4. is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate;
  5. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
  6. promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  7. is malicious or fraudulent;
  8. breaches these Terms and Conditions; or
  9. involves theft or terrorism;

 

You understand and acknowledge that when accessing and using the Website/APP:

  1. you will be exposed to User Submissions from a variety of sources, and that DAS is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and
  2. you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.  You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against DAS with respect to 1 and 2 herein.

 

Any inquiries, responses, messages, and comments that you post onto public areas of the Website/APP will be publicly available, and may include your Profile name and Profile picture (to the extent that you have posted a Profile picture).  You have the choice of deciding whether to make your inquiries, responses, messages, and comments generally available on a public area of the Website/APP or to only send or post them to one or several Website/APP users.  The notices and tools that we provide on the Website/APP should help inform you who your User Submissions will visible to (for example, one or many other Website/APP users).

 

By submitting the User Submissions to DAS, you hereby grant DAS a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Website/APP and DAS’s business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law.  You also hereby grant each user of the Website/APP or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms and Conditions.

 

The Website/APP may permit you and other  users to post, publish and transmit information, video, image, data, text, documents, and other content onto public areas of the Website/APP and to other users (“User Submissions“).  You acknowledge and agree that certain User Submissions will become publicly published content and will be available to other users.  This is the case even if your User Submission contains Personal Information.  Please note that if you publish your contact information, you may receive unsolicited messages from users and visitors to the Site. We therefore encourage you to publish only information you are sure you want to be accessible to anyone.

 

Term and Termination

 

This Agreement is effective until terminated by DAS.  DAS, in its sole discretion, has the right to terminate this Agreement and/or your use of the Website/APP or Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms and Conditions).  DAS shall not be liable to you or any third party for termination of the Services or use of the Website/APP, or any part thereof.  If you object to any term or condition of this Agreement, or any subsequent modifications thereto, or become dissatisfied with the Services or the Website/APP in any way, your only recourse is to immediately discontinue use of the Website/APP and the Services.  Upon termination of this Agreement the Terms and Conditions headed, Site Restrictions, Payments, Intellectual Property Rights, Disclosure, Warranty Disclaimer, Indemnification, Limitation of Liability, Privacy, General shall survive termination of this Agreement.

 

Compatibility

 

DAS does not warrant that the Website/APP will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent the damage to your device, loss of the data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that DAS and its PSP’s affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

 

General

 

DAS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website/APP or the Services (or any part thereof) with or without notice. You agree that DAS shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website/APP or Services.

 

If any provision, of this Agreement, is deemed, invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

 

No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

 

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by DAS without restriction or notification to you.

 

Nothing in these Terms and Conditions creates a partnership, joint venture, agency, or employment relationship between you and DAS.

 

You and DAS acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of the state of New South Wales in Australia and both agree to submit to the exclusive jurisdiction of the courts of the state of New South Wales in the event of any dispute.