Terms of Use
Use of this site is governed by these Terms of Use and Disclaimers so
please read them carefully prior to using this site:
Acceptance of Terms
Didigy Group Pty Ltd ("Didigy") maintains this Website (the "Site") for
your personal use. Your access to and use of this Site is subject to the
following Terms of Use. Didigy reserves the right to update these Terms of
Use at any time without notice to you. The most current version of the
Terms of Use may be accessed by clicking on the "Terms of Use" hypertext
link located at the bottom of the Site. By using this Site, you accept,
without limitation or qualification, these Terms of Use.
Accuracy and Completeness of Information
While Didigy strives to ensure that the information contained in this Site
is accurate and reliable, Didigy makes no warranties or representations as
to the accuracy, correctness, reliability or otherwise with respect to
such information, and assumes no liability or responsibility for any
omissions or errors in the content of this Site.
Modification of Site
Didigy will periodically revise the information, services and resources
contained in this Site and reserves the right to make such changes without
any obligation to notify past, current or prospective visitors.
Your Use of the Site
You may download content for non-commercial, personal use only, provided
copyright, trademark or other proprietary notices remain unchanged and
visible. No right, title or interest in any downloaded materials is
transferred to you as a result of any such downloading or copying.
You agree that you will not otherwise copy, modify, alter, display,
distribute, sell, broadcast or transmit any material on the Site in any
manner without the written permission of Didigy.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you will not use the Site for any
purpose that is unlawful or prohibited by these Terms of Use or any
applicable laws.
Unsolicited Submissions
Didigy does not accept or consider any creative ideas, suggestions or
materials from the public ("Submissions"), therefore, you should not make
any Submissions to Didigy. If you do send us a Submission, despite our
request not to do so, then such Submission will be considered
non-confidential and non-proprietary and shall immediately become the
property of Didigy. Didigy shall exclusively now and hereinafter own all
rights, title and interest therein. Didigy will be free to use any
Submissions for any purpose whatsoever.
Privacy Policy
Didigy’s use of any personal data you
submit to the Site is governed by the Site's Privacy Policy.
Disclaimers
Didigy expressly disclaims all warranties, including the warranties of
merchantability, fitness for a particular purpose and non-infringement.
Didigy disclaims all responsibility for any loss, injury, claim, liability
or damage of any kind resulting from, arising out of or any way related to
a) any errors in or omissions from this website and the content, including
but not limited to technical inaccuracies and typographical errors, b) any
third party websites or content therein directly or indirectly accessed
through links in this website, including but not limited to any errors in
or omissions, c) the unavailability or the website or any portion thereof,
d) your use of the website or e) your use of any equipment or software in
connection with the website.
Limitation of Liability
In no event and under no legal or equitable theory, whether in tort,
contract, strict liability or otherwise, shall Didigy be liable for any
direct, indirect, special, incidental or consequential damages arising out
of any use of the information contained herein, including, without
limitation, damages for lost profits, loss of goodwill, loss of data, work
stoppage, accuracy of results, or computer failure or malfunction.
Indemnification
You agree to defend, indemnify and hold Didigy harmless from and against
any and all claims, damages, costs and expenses, including attorney's
fees, arising from and related to your use of the Site.
Copyright Notice
Unless otherwise noted, the graphic images, buttons and text contained in
this Site are the exclusive property of Didigy and its subsidiaries.
Except for personal use, these items may not be copied, distributed,
displayed, reproduced, or transmitted, in any form or by any means,
electronic, mechanical, photocopying, recording, or otherwise without
prior written permission of Didigy .
Trademarks
This Site features logos, brand identities and other trademarks and
service marks (collectively, the "Marks") that are the property of, or are
licensed to Didigy and its subsidiaries. Nothing contained on this Site
should be construed as granting, by implication or otherwise, any license
or right to use any Mark displayed on this Site without written permission
of Didigy or any such third party that may own a Mark displayed on the
Site.
Links to Third Party Sites
As a convenience to users, this Site may link to other sites owned and
operated by third parties and not maintained by Didigy. However, even if
such third parties are affiliated with Didigy, Didigy has no control over
these linked sites, all of which have separate privacy and data collection
practices and legal policies independent of Didigy. Didigy is not
responsible for the contents of any linked sites and does not make any
representations regarding the content or accuracy of material on such
sites. Viewing such third party sites is entirely at your own risk.
Jurisdiction
Didigy maintains and operates this Site from its offices in Melbourne,
Victoria, Australia. These Terms of Use are governed and interpreted under
the laws of the State of Victoria. By using this site you consent to the
jurisdiction of the courts located in Victoria for any action arising from
these Terms of Use. Any cause of action or claim you may have with respect
to the Site must be commenced within one (1) year after the claim or cause
of action arises. If any portion of these Terms of Use is deemed unlawful,
void or unenforceable, then that part shall be deemed severable and shall
be construed in accordance with applicable law. Such a term will not
affect the validity and enforceability of any remaining provisions.
Didigy’s failure to act with respect to a breach of these Terms of Use by
you or others does not constitute a waiver and shall not limit Didigy’s
rights with respect to such breach or any subsequent breaches.