Terms of Service

These Terms of Use apply to this website which is operated by Content Driver Pty Ltd (A.C.N. 622 359 059), trading as Content Driver (CD) under the domain name contentdriver.com (Website) and the Services provided by Content Driver.

When these terms apply

By using or accessing any of the Services, Product Page or any part of the Website (or any other applications, service or product of CD) you agree to be bound by these Terms of Use, as amended from time to time and posted on this Website.

If you do not agree to any of these Terms of Use, including the CD Privacy Policy, then you must immediately cease access to and use of the Services, Product Page and Website.

CD reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your access to and use of the Services, Product Page and Website following any amendment of these Terms of Use will signify that you agree to be bound by those amended Terms of Use.

For how long these terms apply

These Terms of Use apply:

  • Where you visit or access the Services, Product Page and Website without ordering or purchasing any goods or services, for the duration of your visit or access to the Services, Product Page and Website; or
  • Where you access, order, purchase or download any goods or services from the Services, Product Page and Website, whilst you are using the Services, Product Page and Website and whilst CD is providing any service following your order or purchase.

Your use of the Website

These Terms of Use are applicable to any 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.

Your Access to the Software shall be on-going unless terminated in accordance with this Terms of Use.

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.

Access

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:

  • Is accurate and not false, misleading or deceptive; and
  • Does not breach any law, or breach any person’s rights of privacy, confidentiality or intellectual property.

CD may in its discretion intercept, remove, alter or prevent access to any Content or data submitted by you that CD, acting reasonably, believes is unlawful, harmful, obscene, pornographic, vulgar, libellous, defamatory, harassing, malicious, abusive, offensive, threatening, or racially, ethnically or otherwise objectionable, or contravenes this Terms of Use.

You must not:

  • Upload to, post, distribute, publish or otherwise make available through, the Services, Product Page or Website:
  • Any Content or communication that is unlawful, harmful, obscene, pornographic, vulgar, libellous, defamatory, harassing, malicious, abusive, offensive, threatening, or racially, ethnically or otherwise objectionable;
  • Any advertising or promotional materials unauthorised by us, “junk mail”, “spam” or “chain letters”; or
  • Any Content or material that contains malicious code, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Reverse engineer, reverse compile, de-compile or dissemble the object code in any of our proprietary software, or otherwise attempt to derive the source code any of our proprietary software, except to the extent permitted by law;
  • Disrupt or interfere with the Services, Product Page or Website, any services, accounts, system resources, servers or networks connected to or accessible through the Services, Product Page or Website or linked websites or mobile applications;
  • Conduct any data mining, reproduction automated queries or other data extraction processes; or
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, Product Page or Website.

CD Content

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.

Privacy

CD is committed to protecting your personal information. The CD Privacy Policy is incorporated into this Terms of Use and binds us both. CD may update its Privacy Policy from time to time by posting a new version on the Website and it will be binding on you and CD from the date it is posted on the Website. The CD Privacy Policy may be accessed here.

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.

Your access to third party websites may be governed by their own terms of use. It is your responsibility to ensure you read and accept the terms and privacy policy of any third party website or service that you access or use.

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:

  • Any fitness for purpose of the Services, Product Page or Website;
  • That the Services, Product Page or Website are free of inaccuracies, defects or errors;
  • The Services, Product Page or Website will operate without any interruption;
  • The quality, accuracy, features, functions, benefits or availability of the Services (including the Software), Product Page or any Third Party Software; or
  • The Services, Product Page or Website or any Content on the Services, Product Page or Website will be compatible with any third Party Software or hardware.

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.

Nothing in these Terms of Use excludes, restricts or modifies, or has the effect of excluding or modifying the provisions of the Australian Consumer Law in contravention of that Act, any other legislation which may not be excluded, restricted or modified by agreement.

To the fullest extent permitted by law, CD’s liability to you for any Claim in respect of any act or omission of CD arising out of or in connection with its obligations under these Terms of Use will be limited to any membership subscription fees paid (if any) in connection with the Services, Product Page or Website.

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.

CD is not liable for any breach of these Terms of Use which arises as the result of:

  • Any use of the Services, Product Page or Website not in accordance with these Terms of Use or documentation provided by CD;
  • The combination, operation or use of the Services, Product Page or Website with any other product, equipment, business method, software or data;
  • Any modification of the Services, Product Page, Website or CD’s Content by any person other than CD or its authorised agents or contractors; or
  • Any act, error, fault, neglect, misuse or omission by you.

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.

Indemnity

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:

  • Your breach of these Terms of Use;
  • Your access to and use of the Services, Product Page or Website;
  • Your use of any Content or third party website; and
  • Any claim made against us by a third party alleging that of any your Content (or your use of the Services, Product Page or Website) infringes the copyright of that third party.

Termination

CD may, without notice to you, discontinue, suspend or terminate your Access to and use of the Services, Product Page or Website, if:

  • You do not pay CD any Fees by the due date and the you have not remedied that payment within 10 business days;
  • You are in breach of these Terms of Use; or
  • CD suspects that you are using the Services, Product Page or Website to commit an illegal or immoral act.

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.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and limitations of liability.

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:

  • Any right to access and use the Software terminated immediately;
  • You must delete the Software from your Device;
  • You must immediately return (or at CD’s request destroy) any of CD’s Confidential Information; and
  • You are solely responsible for ensuring that you have extracted any of your information, including any of your Content, that is in the Software. CD may, but is under no obligation to, delete all of your information, including your Content, that is in the Software at any time after termination.

General Provisions

Email Communication
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.

Marketing
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).

Waiver
No waiver by CD of CD’s rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Currency
A reference to “$” or “dollars” throughout this Agreement is a reference to Australian currency, unless otherwise stated.

Applicable law
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

Construction
No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, these Terms of Use.

Legal effect
Each party to this Agreement intends the provisions of these Terms of Use to be legally binding and enforceable.

Exclusion of partnership
Nothing in these Terms of Use is to be treated as creating a partnership between the parties under the laws of any applicable jurisdiction.

Except as specifically provided for in these Terms of Use, no party has any authority to act as agent of another party, or to otherwise bind or commit another party to any obligation.

Force Majeure Events
No party is liable to another party where any Force Majeure Event prevents or delays the performance by the first party of its obligations under these Terms of Use.

Goods and Services Tax
If a supply made under or in connection with these Terms of Use, the Website or the Services by one party (the Supplier) to the other party (the Recipient) is subject to GST, then, in addition to any other amount payable by the Recipient to the Supplier, the Recipient must pay to the Supplier an additional amount (the Additional Amount) determined by multiplying the consideration for the supply by the prevailing GST rate at the time the Recipient makes a payment or part payment for that supply.

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
If any of these Terms of Use are determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term will be severed, and the remaining terms will survive and remain in full force and effect and continue to be binding and enforceable.

Waiver
CD’s rights and remedies under these Terms of Use cannot be waived except in writing signed by CD. Any delay by CD in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does CD waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any CD’s other rights.

Disputes
Any dispute that arises out of these Terms of Use must first be referred to CD for resolution, by providing CD with a notice to [email protected] containing a summary of the issues and your proposed resolutions. CD will do its best to resolve this dispute by discussion with you within 5 business days of being notified. If the parties are not able to resolve the dispute in that time frame, then it may be referred to a court of competent jurisdiction.

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