AGREEMENT BETWEEN USER AND Digistor
Welcome to our website. This website is owned and operated by Digistor Pty Ltd ABN 14 007 351 313 trading as Digistor ("Digistor", "we", "us"). The website can be accessed at www.Digistor.com.au ("Digistor Website") and through other addresses and channels.
You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood the Terms, before using the Digistor Website.
You warrant that you are aged at least 18 years. You must not use the Digistor Website unless you are aged at least 18 years.
The Digistor Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein ("Terms"). These Terms govern your use of the Digistor Website and form a contract between you and us if you use the Digistor Website. Your use of the Digistor Website indicates that you have had sufficient opportunity to access the Terms and that you have read and accepted the Terms.
The information, including statements, opinions and documents contained in the Digistor Website (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
MODIFICATION OF THESE TERMS
Digistor reserves the right to change the terms, conditions, and notices under which the Digistor Website is offered, including but not limited to the charges associated with the use of the Digistor Website. Your use of the Digistor Website following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Digistor Website if you accept and will comply with the new Terms.
LICENCE TO USE THE SITE
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Digistor Website for your personal, non-commercial use, in accordance with the Terms. All other uses are prohibited without our prior written consent.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The Digistor Website contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Digistor Webite. We own the copyright which subsists in all creative and literary works displayed on the Digistor Website.
You agree that, as between you and us, we own all intellectual property rights in the Digistor Website, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your use of the Digistor Website does not grant you a licence, or act as a right of use, any of the intellectual property, whether registered or unregistered, displayed on the Digistor Website without the express written permission of the owner.
You must not breach copyright or intellectual property rights, including but not limited to, that you must not:
- alter or modify any of the code or the material on the Digistor Website;
- cause any of the material on the Digistor Website to be framed or embedded in another website;
- create derivative works from the content of the Digistor Website; or
- use the Digistor Website for commercial purposes.
LINKS TO THIRD PARTY SITES
The Digistor Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Digistor and Digistor is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Digistor is not responsible for webcasting or any other form of transmission received from any Linked Site. Digistor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Digistor of the site or any association with its operators. You should make your own investigations with respect to the suitability of the Linked Sites for you.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Digistor Website, you warrant to Digistor that you will not use the Digistor Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Digistor Website in any manner which could damage, disable, overburden, or impair the Digistor Website or interfere with any other party's use and enjoyment of the Digistor Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Digistor Website.
USE OF COMMUNICATION SERVICES
The Digistor Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. you agree that when using a Communication Service or any other aspect of the Digistor Website, you will not:
- Do any thing unless you hold all necessary rights, licences and consents to do so.
- Do any thing that would cause you or us to breach any law, regulation, rule, code or other legal obligation.
- Do any thing that would bring us, or the Digistor Website, into disrepute.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
- Facilitate or assist another person to do any of the above acts.
Digistor has no obligation to monitor the Communication Services. However, Digistor reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Digistor reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Digistor reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Digistor's sole discretion.
Digistor does not control or endorse the content, messages or information found in any Communication Service and, therefore, Digistor specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Digistor spokespersons, and their views do not necessarily reflect those of Digistor.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO DIGISTOR OR POSTED AT ANY DIGISTOR WEBSITE
Digistor does not claim ownership of the materials you provide to Digistor (including feedback and suggestions) or post, upload, input or submit to any Digistor Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Digistor, its affiliated companies and necessary sub licensees a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use your Submission in any way (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission).
No compensation will be paid with respect to the use of your Submission, as provided herein. Digistor is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Digistor's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Further, you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
THIRD PARTY INFORMATION
The Digistor Website may contain third party information, including but not limited to Submissions, material posted via Communication Services, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
We are committed to protecting your privacy. Please read our Privacy Statement, available on the Digistor Website (www.digistor.com.au/privacy-policy.html). By agreeing to these Terms, you also agree to accept our Privacy Statement.
RESERVATION OF RIGHTS
We reserve the right to amend or delete any and all of your Submissions, Third Party Information and Linked Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
DELAYS AND OUTAGES
We are not responsible for any delays or interruptions to the Digistor Website. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Digistor Website will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Digistor Website in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Digistor Website.
The information, software, products, and services included in or available through the Digistor website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Digistor and/or its suppliers may make improvements and/or changes in the Digistor website at any time. Advice received via the Digistor website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Digistor and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Digistor website for any purpose; linked sites or third party information.
To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics, linked sites and third party information are provided "as is" without warranty or condition of any kind. Digistor and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, linked sites and third party information including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
LIMITATION OF LIABILITY
When you acquire services from us, the Part 3-2, Division 1 of the Australian Consumer Law implies a number of guarantees that cannot be excluded. Subject to the Australian Consumer Law, to the full extent permitted by law:
- under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the Website;
- we exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom.
For the avoidance of doubt, nothing in these Terms limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
To the maximum extent permitted by applicable law, in no event shall Digistor and/or its suppliers be liable for any loss, damage, costs or expenses, whether direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Digistor website, with the delay or inability to use the Digistor website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics, linked sites and third party information obtained through the Digistor website, or otherwise arising out of the use of the Digistor web \site, whether based on contract, tort, negligence, strict liability or otherwise, even if Digistor or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you are dissatisfied with any portion of the Digistor website, or with any of these terms, your sole and exclusive remedy is to discontinue using the Digistor website.
To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
By using the Digistor Website, you agree to defend and indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
- your use of or access to the Digistor Website;
- any breach by you of these Terms; or
- any wilful, unlawful or negligent act or omission by you.
This defence and indemnification obligation will survive these Terms and your use of the Digistor Webite. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
You may only use the Digistor Website for lawful purposes and in a manner consistent with the nature and purpose of the Digistor Website. By using the Digistor Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use this Digistor Website. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach the Terms, we reserve the right to block you from the Digistor Website and to enforce our rights against you. If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.
Digistor reserves the right, in its sole discretion, to terminate your access to the Digistor Web Site and the related services or any portion thereof at any time, without notice. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
EXCLUSION OF COMPETITORS
You are prohibited from using the Digistor Website, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our Website and Information, in our sole discretion.
These Terms are governed by the laws of the State of New South Wales, Australia, and you hereby consent to the exclusive jurisdiction and venue of courts in that state in all disputes arising out of or relating to the use of the Digistor Website. Use of the Digistor Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Digistor as a result of this agreement or use of the Digistor Website.
Digistor's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Digistor's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Digistor Website or information provided to or gathered by Digistor with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Digistor with respect to the Digistor Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Digistor with respect to the Digistor Web Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be drawn up in English.
For questions and notices, please contact us at: webadmin@Digistor.com.au
Last Update: 25 March 2015