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Website Terms of Use

Last updated: 10 July, 2006

Acceptance of Terms of Use

This website is owned and operated by Dataca Pty Ltd ABN 30 120 580 912 (“Dataca”, “we”, “us” and “our”). Your access to and use of the information, ideas, materials, functions, goods, services, and any linked pages provided on this website under the domain name “www.dataca.com.au” (collectively known as the “Website”) is conditional upon your acceptance and compliance with the terms, conditions, notices, disclaimers and limitations of liability contained in this document and any additional terms and conditions posted elsewhere on the Website from time to time, including our Privacy Policy (known collectively as the “Terms of Use”). By accessing, browsing or using this Website, you acknowledge that you have read, understood, and agree to be bound to the Terms of Use, without limitation or qualification. If you do not agree to these Terms of Use, please do not use this Website.

On This Page


Copyright and Intellectual Property Rights

All the materials displayed on or available through this Website, including without limitation any and all names, logos, data, information, animations, text, graphics, audio, video, downloads, links, source codes, goods, technology, processes and underlying software (collectively referred to as the “Content”) are protected by copyright, trade mark and other intellectual property laws in Australia and Internationally, owned by Dataca or a third party. No licence is granted in respect of those intellectual property rights other than as set out in the Terms of Use. Your use of this Website must not in any way infringe the intellectual property rights of any person.

You may use this Website only for your personal and non-commercial purposes. Any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. This permission terminates automatically if you breach the Terms of Use. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without Dataca’s permission, "mirror" any material contained on this Website on any other server.

Unless specifically permitted by Dataca or to the extent permitted by relevant copyright legislation or any other applicable laws:

  1. You must not copy, modify, alter, download, publish, broadcast, distribute, create derivative works from, sell or transfer any Content unless expressly provided for in the Terms of Use or without Dataca’s express written permission.
  2. Trade marks (whether registered or unregistered), names and logos must not be used or modified in any way without obtaining Dataca’s or the appropriate third party’s prior written consent.

Third Party Websites

This Website may contain links to, or frame, websites of third parties ("External Websites") (including any advertisers). These are provided for your convenience only and Dataca is not required to maintain or update the links. Dataca does not control these External Websites and cannot be responsible for their content or accuracy of the information or other any other material.

Unless expressly stated on this Website, the provision of a link, or framing of, External Websites should not be construed as any endorsement, approval, recommendation or preference by Dataca of the owners or operators of these External Websites, including any information, goods or services they referred to.

You should seek independent expert advice if you have any concerns regarding what services, goods or solutions may be suitable for you. Dataca makes no warranties and accepts no liability for any loss, damage, cost or expense incurred by you in accessing or attempt to access, use or reliance of the External Websites.

Before disclosing your personal information or using External Websites, Dataca suggests you examine the terms and conditions of those websites, as they may differ from this Website.


Confidential information

Personally identifiable information that you submit to Dataca for the purpose of receiving goods or services will be handled in accordance with our Privacy Policy. Please see the section entitled “Privacy” for information regarding Dataca’s privacy policy.

With the exception of personally identifiable information for the purchase of goods and services, Dataca does not want to receive confidential or proprietary information through its Website. Any material, information or idea you transmit to or post on this Website, or otherwise provide to Dataca, with the exception of personally identifiable information, by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Dataca or its affiliates for any purpose and without restriction or compensation. You also agree that any ideas, concepts, techniques, words, images or other content contained in these transmissions will be treated as non-confidential and non-proprietary, and may be disseminated or used by Dataca or its affiliates for any purpose and without restriction or compensation.


Your Conduct

You must not use this Website for any purpose that is unlawful or prohibited by these Terms of Use. You agree to abide by all applicable laws and regulations and codes of conduct, in particular, you agree not to:

  1. use this Website to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;
  2. publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  3. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the website;
  4. impersonate any person or entity; or
  5. upload, post, e-mail, transmit or otherwise make available using the Website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.

Dataca retains the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Dataca is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, and user forums.


Protect Your Account Details

You agree to take responsibility for the safekeeping of your account details including your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Dataca in connection with any use (whether authorised or unauthorised) of your user name or password. Dataca may suspend or cancel your account at any time without prior notice.


Privacy

Dataca understands the value of your privacy, and is committed to protecting it. Dataca has a Privacy Policy (http://www.dataca.com.au/privacy/ - which forms part of these Terms of Use) that describes how Dataca collects, uses and safeguards your personal information and the choices you can make about the way your personal information is collected and used. You should review this document before providing any personal information to Dataca.


Linking to Dataca’s Website

Dataca permits anyone to link to the Website subject to the linker's compliance with the following terms and conditions: Any External Websites that link to Dataca’s Website:

  1. May link to, but not replicate, any Content contained in the Website without prior written permission from Dataca;
  2. Must not create a border environment (such as frames) or use other techniques that alters in any way the visual presentation or appearance of any Content within this Website;
  3. Must not misrepresent your relationship with Dataca;
  4. Must not imply that Dataca approves, sponsors or endorses you, your website or your service or product offerings;
  5. Must not present false or misleading information or impression about Dataca or otherwise damage the goodwill associated with the Dataca name and/trademarks.
  6. Must not use Dataca’s logos or trade dress without prior written permission from Dataca;
  7. Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
  8. Must not contain materials that would violate any laws;
  9. Must agree that Dataca may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease using any Dataca trademark.

Indemnity

You agree to indemnify and hold Dataca, and its employees, subsidiaries, affiliates, officers, agents, publishers, contributors, third party content providers, licensors or other partners harmless from any claim, demand, injury, damage, loss, expense, cost or liability, (including without limitation legal fees on a full indemnity basis) made against or suffered by Dataca, whether direct or indirect, related to or arising out of:

  1. Your use of this Website;
  2. Any breach of your obligation under this agreement;
  3. Dataca could not exercise all or any part of our rights under this agreement
  4. Of any dispute between you;
  5. Of any wilful default, negligence, fraud act or omission by you or any of your agents or representatives relating to this agreement;
  6. Of any infringement by you or your agents or representative of another person’s intellectual property rights;
  7. Any warranty that you made under this agreement is untrue;
  8. Dataca exercised any of our rights under this agreement; or
  9. You have taken legal action against Dataca resulting in a costs order in Dataca’s favour or Dataca has incurred legal costs against you in enforcing its rights under this agreement on a solicitor and own client basis.

This indemnity survives termination of this agreement. If you have any liability to Dataca under this agreement, Dataca may set off that liability against any liability Dataca has to you.


Disclaimer of Warranties

Dataca does not exclude any rights and remedies available to you in terms of the Trade Practices Act (Cth) or any similar State or Territory legislation in relation to the provision by Dataca of this Website which cannot be excluded, restricted or modified, or where to do so would cause any part of these Terms to be illegal, void or unenforceable (“Non-Excludable Rights”). Dataca does not exclude any Non-Excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law, statute or otherwise.
Except as provided for by the Non-Excludable Rights, or in this Terms of Use, and to the fullest extent permitted by law:

  1. The information provided on this website is free of charge and for informational purposes only. Your use of the Website is at your sole risk. The Website (including all Content) is provided on an “as is” and “as available” basis, with all errors, faults and inaccuracies. Dataca expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
  2. You expressly understand and agree that Dataca (and its affiliates, directors, officers, employees, agents, and contractors), make no warranty or representation:
    1. that the Website (including its Content) will meet your requirements;
    2. that the Website will be uninterrupted, timely, secure, or error-free;
    3. regarding your access to, or the results of your access to, the Website (including any related or External Websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. You (and not Dataca) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
    4. the quality of any goods, services, information, or other material purchased or obtained by you through the Website will meet your needs or expectations; and
    5. any defect, errors or omissions or errors in the Website will be corrected.
    6. that the Website or the server which stores and transmits Content (including any software) to the Customer or any other person accessing this Website is free of defects, virus, worms or any other harmful components that may interfere with or damage the operation of your computer systems. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
    7. that any advice or information, whether oral or written, obtained by you from Dataca or through or from the Website shall create any warranty not expressly stated in the Terms of Use.

All goods and services sold by Dataca shall be subject to our general Terms and Conditions (http://www.dataca.com.au/terms).


Disclaimer of Liability

Except as specifically provided for in this Terms of Use, and to the fullest extent permitted by law:
In no event will Dataca (or its affiliates, directors, officers, employees, agents, and contractors) be liable to you or any other party, under any theory of contract, tort, strict, statue, or otherwise for any direct, indirect, consequential, special, punitive loss or damages or any loss or damages whatsoever, including but not limited to, loss of use, profits, revenue, business, interest, goodwill, or any loss or corruption of data, information, or any other economic or intangible losses of whatever nature howsoever arising (even if Dataca has been informed of such event ), arising out of or in connection with:

  1. the supply, use or the inability to access or use the Website (including its Content);
  2. any External Website;
  3. unauthorised access to or alterations of your transmissions or data;
  4. statements or conduct of any third party on the Website;
  5. the use of Your Account (including any multiple accounts assigned to You) irrespective of whether that use is authorised or not;
  6. any goods, services or information supplied, offered to be supplied or advertised via the Website. 
  7. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website;
  8. a failure or omission on the part of Dataca to comply with its obligations under these
    Terms Of Use.
  9. any other matter relating to this agreement or the Website.

Limitation of Liability

To the fullest extent permitted by law, Dataca’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Dataca, to the following:

  1. in the case of goods supplied or offered by Dataca: (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or (iv) the payment of the cost of having the goods repaired; and
  2. in the case of services supplied or offered by Dataca: (i) the supply of the services again, or (ii) the payment of the cost of having services supplied again.

Revisions to Terms of Use

Dataca reserves the right, at its sole discretion and without any notice, to change, modify, add, or remove any portion of these Terms of Use at any time and without liability. Dataca will notify you of such changes by posting an updated version of the Terms of Use on the Website. You accept that by doing this, Dataca has provided you with sufficient notice of the variation. Changes in these Terms of Use will be effective when the revised terms and conditions are posted. Since you are bound by these Terms of Use, you should refer to them periodically of your own accord, as your continued use of the Website after any changes to these Terms of Use are posted will signify your acceptance of the then current Terms of Use.


Changes to the Website

Dataca reserves the right to add, terminate, change, suspend, or discontinue any aspect of the Website, including the availability of any features, functions, goods, services, programs and information contained in, or any other aspect of, this Website at any time, without notice and liability. Dataca may also impose limits on certain features and services or restrict your access to parts of the Website without notice or liability.


Termination

The Terms of Use are effective until terminated by Dataca, and Dataca may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access this Website, but all restrictions imposed on you and all Dataca disclaimers and limitations of liability set out in the Terms of Use will survive. Such Termination shall not affect any legal right that may have accrued to Dataca against you up to the date of termination.


Governing Law

This agreement will be governed by, construed and enforced in accordance with the laws of New South Wales, Australia, and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them.


General

Entire Agreement: This agreement, including all attachments and all other policies posted on the Website, which are fully incorporated into this agreement either by attachment or by reference, constitutes the entire agreement between you and Dataca in respect of the your access to, and use of, this Website and supersede all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to its subject matter.

Severability:  If any term in this agreement is unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from these Terms of Use without affecting the enforceability of the remaining terms.

Waiver: The failure by Dataca to exercise, or any delay in exercising, any right, power or privilege available to it under the Terms of Use will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.

Assignment: You may not assign or transfer this agreement or any interest, rights or obligations herein ether in whole or in part, without the prior written consent of Dataca. Any such unauthorised assignment shall be deemed null and void. Dataca is allowed at its sole discretion to assign this agreement or any rights, obligations or interests hereunder, in whole or in part, to any person, firm or corporation, without prior notice.

Dataca reserves the right to seek all remedies available by law and in equity for any violation of the Terms of Use. Any rights not expressly granted herein are reserved.

The Website may be accessed throughout Australia and overseas. Dataca makes no representations that the content of the Website complies with the laws (including without limitation intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

All contents of this Website are copyright © 2007 Dataca Pty Ltd. All rights reserved.

Effective from 10th July 2006