TERMS AND CONDITIONS
1. Terms and Conditions of Use
By using the Desketing website located at the internet address www.desketing.com.au in consideration of Website Owner providing you with access to the Content and facilities provided, you agree to the following Terms and Conditions of User. The following defined terms are used in these Terms and Conditions.
Content means the information, documents, graphics, materials and all the works shown on the Website;
Materials has the same meaning as Content;
Terms and Conditions of Use means the terms and conditions contained in this document;
User means the person who is using website name, in whatever part of the world that they may be;
Website means this website located at www.desketing.com.au
Website Owner means Desketing Pty Ltd ACN 601 585 095, being the registrant.
2. Restrictions on use
This Website and the information and facilities contained in it, must not be used in any unlawful way, or for any illegal purpose, or in any manner that infringes the rights of the Website Owner.
In addition, the User must not:
(a) data mine or conduct automated searches on our Website or the Content on our Website, whether through the use of additional software or otherwise;
(b) incorporate any of the Content on our Website or the Content, including advertising or promotional Materials;
(c) frame or mirror website name without our prior written consent;
(d) tamper with, hinder the operation of, or make unauthorised modifications to our Website or any Content;
(e) knowingly transmit any virus, worm or other disabling feature to or via our Website;
(f) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(g) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from our domain;
(h) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(i) use website name to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or
(j) use website name or any facilities available on our Website for any activities, or transmit to or via our Website any information or Content which:
(i) a fixed charge over all Non-PPSA Property.
(ii) breach any laws or regulations;
(iii) breach these Terms and Conditions of Use;
(iv) infringe a third party’s rights (including intellectual property rights, rights of privacy or their trade secrets);
(v) are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
(vi) are false or misleading;
(vii) are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or
(viii) identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person’s authority; or
(ix) attempt to do, or permit another person to do, any of the above acts.
You access website name at your own risk and you are responsible for compliance with the laws of your jurisdiction (in your home country) and these Terms and Conditions of Use.
4. Access website name outside Australia
We do not represent or warrant that Content on website name complies with the laws of any country outside of Australia. If you access website name from outside Australia, you do so at your own risk.
5. Provision of service
We may without notice suspend our Website or disconnect or deny you access to any part of our Website during:
(a) any technical failure;
(b) maintenance period that the Website Owner decides to utilise;
(c) if you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of website name;
The Website Owner may make improvements and or changes to website name or the Content at any time without notice to you. We do not warrant that the site architecture or navigation will not change now or at any time into the future.
6. Intellectual property
You may download, print or copy information on website name for your own use. Apart from this, you shall not sell, lease, furnish or otherwise permit or provide access to website name to any other person and you must not use, reproduce, communicate, publish, or distribute any of the Content on website name, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the information on website name for commercial gain.
7. Limitation of liability
(a) The Website Owner makes it’s Website available for Users to use, however it does not assume a duty of care to Users. The Website Owner makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content or the Materials.
(b) The Website Owner does not warrant or represent that our Website or Materials will not cause damage or are free from any computer virus or any other defects or errors.
(c) Where any law implies a warranty into these Terms and Conditions of Use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the product or services again, or the payment of the cost of having them supplied again.
(d) Where liability cannot be excluded, any liability incurred by the Website Owner in relation to the use of our Website or the Content is limited as provided under the Competition and Consumer Act 2010 (Cth) or any superseding Act.
(e) Under no circumstances will the Website Owner be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on Content on it’s Website.
8. Links from website name
(a) The Website Owner makes no warranties or representations that Material or Content on other websites to which our Website is linked does not infringe the intellectual property rights of any person anywhere in the world.
(b) The Website Owner is not authorising infringement of any intellectual property rights contained in material or Content on other sites.
9. Uploading Content
9.1 Provision of license
You represent and warrant in relation to any Content you upload to website name that you provide the Website Owner with an unlimited license to:
(c) or otherwise re-distribute the Content in any way that the Website Owner determines at its absolute discretion.
9.2 Role of the Website Owner
The Users acknowledges in relation to the role of the Website Owner that:
(a) The Website Owner does not moderate, control or authorise the activities of Users in posting Content to website name;
(b) the User and the User alone, will be responsible for any breach of any law that is caused directly or indirectly by infringing uploading Content that is illegal or breaches a third parties intellectual property rights;
(c) The Website Owner reserves the right to remove, delete, modify or change the Content that a User uploads to the website name.
9.3 Content uploaded to website name
The Users acknowledges that:
(a) Any Content uploaded to website name is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(b) the Content is not the ‘passing off’ of any product or service and does not constitute unfair competition;
(c) it owns the copyright in the Content that is uploaded onto the Website and the Content does not infringe any intellectual property right including, but not limited to:
(i) trade marks (whether registered or unregistered);
(ii) business names (whether registered or unregistered),
(iii) confidential information; and
(d) the Content does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland including, but not limited to, the
(i) Competition and Consumer Act 2010 (Cth);
(ii) Fair Trading Act 1989 (Qld);
(iii) Copyright Act 1968 (Cth);
(iv) Trade Marks Act 1995 (Cth);
(e) and equivalent state and territory legislation and any other legislative body competent to legislate in relation to website name or any law in any country where the Content is or will be available electronically to Users of website name.
10. Copyright in Content
(a) Unless otherwise indicated, the Website Owner reserves all copyright in the Content and design of the Website, subject to the Open Source License Agreement. The Website Owner owns all such copyright or uses it under licence or applicable law.
(b) Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Materials may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of the Website Owner.
(c) The Website Owner is the owner of several trade marks which appear on our Website. Unauthorised use of these trademarks will infringe our intellectual property rights.
(d) The Website Owner reserves all other rights in Content and Website name.
11. Improvements and modifications
The Website Owner welcomes ideas and feedback from Users about all aspects of website name. The User agrees that the Website Owner may reproduce, distribute, transmit, create derivative works of, and publicly display any Materials and other information (including ideas for new or improved products and services) that you submit to any public areas of our Website (such as forums) or by email to the Website Owner.
12. Miscellaneous provisions
If any part of these Terms and Conditions of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.
12.2 Applicable Law
These Website Terms and Conditions and the Content on the Website are governed by the law applicable in the State of Queensland, Australia.
The Website Owner and the User irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia in the event of a dispute over these Terms and Conditions of Use or the Materials contained herein.
By using website name, you indemnify the Website Owner and its respective officers, employees and agents (the Indemnified) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that the Website name incurs or suffers as a direct or indirect result of:
(a) a breach by you of these Terms and Conditions of Use;
(b) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from our Website; and
(c) any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third parties copyright or trade mark.
12.5 Changes to Terms and Conditions
The Website Owner may change these Terms and Conditions of Use at its discretion by providing notice on our Website. The current version of the Terms and Conditions of Use will be available on our Website at any time.
If the Website name does not act in relation to a particular breach by you of these Terms and Conditions of Use, this will not be treated as a waiver by the Website Owner of our right to act with respect to subsequent or similar breaches.
12.7 Entire agreement
These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the entire agreement between the Website Owner and the User. Any contact with Customer Service Officers of the Website Owner that includes any negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by these Terms and Conditions of Use.