When these terms apply
For how long these terms apply
Your use of the Website
You agree to comply with all reasonable directions by CD when you use or access the Services, Product Page and Website.
Your Access and Use of the Software
CD grants you a non-exclusive, non-transferable, limited right to Access the Software for the purpose of performing, displaying and using the Software on your Device.
Exporting and importing laws
You acknowledge and agree that the Software may be subject to applicable export and import laws. You agree not to export or direct any product thereof, directly or indirectly in violation of those laws, nor will you use the software for any purpose prohibited by those laws.
To access certain features of the Services, Product Page or Website you may be provided with a password or log-in provided by CD. You must keep secure and and confidential any passwords or log-in information provided to you.
You are solely responsible for any activity that occurs when you access the Services, Product Page or Website.
You must notify CD immediately of any breach of security or unauthorised access or use of your password or log-in.
Although CD will not be liable for any losses you suffer as a result of any unauthorised use or access of the Services, Product Page or Website using your password or log-in, you may be liable for the losses of CD or others due to such unauthorised use.
Acceptable Use of the Website
Where CD permits you to submit Content to the Services, Product Page and Website you acknowledge that CD does not guarantee any confidentiality with respect to any content you submit to the Services, Product Page or Website.
You are solely responsible for your Content and any consequences of submitting and publishing your Content on or through the Services, Product Page or Website. CD is not responsible for taking or maintaining backups of your Content.
You must ensure that Content submitted by you:
You must not:
All Intellectual Property Rights in the Services, Product Page, Website, CD’s Content and material created by CD and any improvements, adaptations, translations and derivative works in it, are and will remain CD’s exclusive property (and CD’s licensors, if any).
To the extent that CD or the Services, Product Page or Website provides you with Content or goods in a form that can be downloaded, copied, reproduced, altered or adapted, CD grants you a limited, non-exclusive, non-transferable, revocable licence to use any goods purchased or downloaded from the Services, Product Page or Website, for your own personal benefit and purposes only. You must not reproduce, adapt, create derivative works of, or translate any goods purchased or downloaded from the Services, Product Page or Website or communicate, sub-licence, commercialise or provide any such goods to any other person.
Where you have been expressly provided access by CD to a Product Page for your own business purposes under the terms of a separate agreement, you are granted a limited, non-exclusive, non-transferable, revocable licence to use and access the Product Page and CD Content contained therein, strictly in accordance with the terms of that separate agreement only.
Third party links
Links to websites of third parties may appear on the Services, Product Page or Website. Such links may be provided by CD or third party suppliers of goods and services and CD does not endorse the content of those websites, their operators, their services or products.
CD makes no representations about and cannot accept any liability for third party websites.
Where CD includes advertisements by third parties on the Services, Product Page or Website, CD disclaims all liability for any advertisement and/or any transaction, act or omission you make as a result of that advertisement.
You are solely responsible for ensuring that you have secured appropriate rights to use, copy, adapt, translate, publish or otherwise deal with any third party software, Content and other materials on any third party websites.
CD reserves the right to remove or delete any third party links and backlinks to the Services, Product Page or Website in CD’s absolute discretion, without liability to you.
Limitation of Liability
Subject to statutory warranties and guarantees under the laws of your state, province or country, and to the maximum extent permitted by law, CD makes no representations and give no warranties about the contents of the Services, Product Page or Website including CD does not warrant:
CD may, in its discretion, change, delete or add features, functions, applications, offers, competitions, advertisement, branding or any other item on the Services, Product Page or Website, including the infrastructure or technology on which it is operated, without liability to you.
CD (including its related bodies corporate, directors, officers, employees, agents and contractors) will not be liable for any indirect, consequential or special loss or damage arising out of your use of or access to the Services, Product Page or Website, including loss or damage to goodwill, loss of expected savings of loss or damage to any other expectation benefit of any kind. If a jurisdiction allows liability to be limited but not excluded, CD’s total liability is limited to the maximum extent possible.
If an infringement claim is made based on one of the exclusions set out above, you must indemnify CD and pay for all losses, damages, expenses or costs (including reasonable lawyer’s fees) it suffers or incurs arising out of or in connection with such an infringement claim.
You agree that CD is not liable for the acts and omission of the providers or proprietors of the Software Platform in relation to your use of the Software Platform.
Subject to any rights that you may have under the Australian Consumer Law, these Limitation of Liability clauses state CD’s entire liability and your sole and exclusive remedy for any Claims related to any infringement of Intellectual Property Rights in respect of any Services, Product Page or Website.
By accessing and using the Services, Product Page or Website, you agree to indemnify and hold CD harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with:
CD may, without notice to you, discontinue, suspend or terminate your Access to and use of the Services, Product Page or Website, if:
Your Access to the Software may be terminated where the Software has been uninstalled for any reason under the policies, terms and conditions you accepted prior to installing the Software on your Device from the Software Platform through which you obtained the Software.
You are only entitled to a refund of any amount paid to CD, if that refund must be paid by law, including under the Australian Consumer Law.
All Fees previously paid remain the property of CD and you agree to make no claim in respect of such Fees. You must further pay to CD any Fees that have accrued but are unpaid as at the date of the termination or expiration.
If your Access to the Software is terminated:
CD may correspond with you by email. As you are aware, email is not secure and may be read, copied or interfered with in transit or impaired. You agree to assume the risks associated with transmission and to release CD from any claim you may have arising from transmission defects.
CD reserves the right to use your personal, company or trading name in any promotional or marketing material. This may be of the form print, TV, radio or multimedia (including web).
A reference to “$” or “dollars” throughout this Agreement is a reference to Australian currency, unless otherwise stated.
These Terms are governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia
Exclusion of partnership
Force Majeure Events
Goods and Services Tax
Additional Amounts recoverable from the Recipient under this clause must be calculated without any deduction or set-off of any amount.
Additional Amounts payable under this clause are payable after receipt by the Recipient from the Supplier of a tax invoice complying with GST law for the supply.
Severance of invalid provisions
Epilepsy and seizure warning
The Services, Product Page or Website may contain flashing lights and colours, which may trigger an epileptic fit or seizure. By agreeing to the terms and conditions of this Agreement, you agree to not hold CD liable for any epileptic fits, seizures, photosensitivity or other health condition that may occur from purchasing, observing or using the Services, Product Page or Website. It is your responsibility to ensure that you are able to use the Services, Product Page or Website without suffering from such events. It may be appropriate for you to consult a responsible adult or see a medical practitioner. We will not be liable for the costs of doing so.
Even if you have never had a seizure, there is a small chance that you are photosensitive, and exposure to flashing lights can cause a seizure. If you are not willing to accept this risk you must not use the Services, Product Page or Website.
It is your responsibility to ensure that observers of your use of the Services, Product Page or Website are made aware of the possibility that the Services, Product Page or Website may trigger epileptic fits and/or seizures. Such observers can be over the internet, in person or in your proximity. You must ensure that you must meet their needs and respect their desire that you do not engage with the Software where such observers can see the screen or its reflection on any part of your body.
Last updated: 30/07/2018