District Data Pty Ltd
Website and Order Terms and Conditions
In these Terms and Conditions:
“Additional Users” has the meaning in Clause 3.6.
“Agreement” has the meaning in Clause 1.1.
“Business Day” means 9:00AM – 5:00PM Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia.
“Customer” means the person or legal entity listed on the purchase invoice or sales document and includes anyone acting on their behalf or with their express or implied authority. .
“Intellectual Property” means all intellectual or industrial property rights (whether or not registered), including, without limitation, patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information.
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, Services, or otherwise displayed, uploaded or published on, or via, the Site.
“Order” means an order for Services placed by a Customer on, or via, the Site.
“Reports” has the meaning in clause 9.1.
“Services” means the services listed or advertised on the Site for sale or otherwise, including Reports.
“Site” has the meaning in clause 1.1.
“Subscription Level” means the type of the Services that you select and pay for via the Site, further described in clause 3.5.
“you" or "your" means the person or entity accessing, using or relying upon the Site and includes, when applicable, the Customer.
|2.2||Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.|
|3.1||You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.|
|3.2||To purchase the Services listed or advertised on the Site, you become a member of the Site. To become a member of the Site you must open a membership account with us (“Account”) by providing your name, address, telephone number, a valid email address and nominate a password (‘Password’). Registration for an Account is free. If you do not provide accurate and complete details we may not be able to activate your membership or provide the Services to you. You agree to keep your Account and membership details current at all times by updating these details via your Account on the Site or by contacting us at email@example.com.|
|3.3||You will receive an on-screen confirmation regarding the successful or unsuccessful registration of your Account on the Site.|
|3.4||You may not use one email address to register for multiple Accounts. You must not hold more than one Account at the same time.|
|3.5||Once you register for an Account, unless otherwise stated on the Site, you will have the option of using various Subscription Levels, that differ in costs, the number of reports available per month, the amount of research access you have available, the number of users and the amount of consulting credit available.|
|3.6||You may, depending on your Subscription Level, have the option of adding additional users to your account (“Additional Users”). You will be responsible for ensuring that all Additional Users agree to and comply with these terms and conditions.|
|3.7||By creating an Account, you agree that we may use your name and/or company information (including company logo) in our marketing material or promotional material from time-to-time.|
|3.8||You agree that you have sole responsibility for any activity that occurs on or using your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.|
|3.9||We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Site (temporarily or permanently) where you have breached the Agreement or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Site, your Account details or any other content associated with your Account. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.|
|3.10||The Site may contain links to third party websites. Any links to such websites provided on the Site are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third-party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.|
|3.11||You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.|
|3.12||Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Site.|
|3.13||You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.|
|3.14||If you have any questions regarding anything on the Site, please first refer to our FAQ page here.|
|4.1||You must be eighteen (18) years of age or over to register as a member of the Site or to Order and/or purchase Services on, or via, the Site. If you are under the age of 18 years (‘Minor’), you must immediately cease accessing and using the Site unless you have permission from a parent or guardian to create an Account in accordance with Clause 4.3 of this Agreement. If you are found to be a Minor, we are entitled, at our absolute discretion, to cancel or terminate any Order/or purchase of Products or Services made on, or via, the Site.|
Any Order and/or purchase made by you using this Site and your continued use of the Site is an acknowledgement by you that:
(a) you are over the age of eighteen (18) years, or have obtained the relevant permission from a parent or guardian to create an Account;
(b) accept these Terms and Conditions and agree that you have entered into a binding legal contract with us in relation to these Terms and Conditions.
If you are a parent or guardian permitting a Minor to create an Account, you agree to:
(a) exercise supervision over the Minor's use of the Site;
(b) assume all risks associated with use of the Site as outlined in this Agreement;
(c) ensure that all content and information that the Minor may encounter on the Site is suitable and appropriate for the Minor;
(d) assume all liabilities resulting from the Minor's use of our website and their Account;
(e) ensure the accuracy and truthfulness of all information submitted by the Minor;
(f) provide the consents contained in this Agreement on behalf of the Minor.
|4.4||We may, at any time, request written confirmation from a parent or guardian that you have permission to access and use this Site.|
|4.5||We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into by a Minor or from the parent or guardian of a Minor who causes an Order to be placed.|
|5.1||All prices listed on the Site are in Australian Dollars and exclude GST (unless otherwise specified).|
|5.2||All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.|
|5.3||You may make an Order for a month-by-month subscription, or yearly subscription, to the Services. Yearly subscription Services may, at our sole discretion, be discounted.|
|5.4||Promotional discount codes may be given at our sole discretion on terms and conditions notified at the time of the relevant promotional offer or discount.|
|5.5||If a discount code is entered at the checkout, it has the effect of applying a discount solely across the cost of the Products.|
|5.6||To the maximum extent permitted by law, we reserve the right to refuse a sale to any Customer.|
|6.1||Although we endeavour to provide accurate and complete information on the Services listed or advertised on the Site, we cannot guarantee that the information is up to date, accurate and complete at all times. We reserve the right to (but are not obligated to) make changes or updates to information displayed on the Site at any time without notice to you.|
|7.1||You may place an Order by completing the Order form on the Site and clicking the "confirm" button. Orders are subject to the availability of the Services requested in the Order.|
An Order is not accepted and legally binding on us until we confirm on the purchase screen that:
(a) payment has been received for the Order;
(b) the Services are available; and
(c) the Order has been processed.
|7.3||To the maximum extent permitted by law, Orders may not be cancelled by you once they have been accepted by us, except as outlined in Clause 10.3 and Clause 10.4.|
|7.4||We operate an online business and we will communicate with Customers or visitors to our Site who make an enquiry primarily via e-mail. It is the Customer’s responsibility to therefore ensure that the correct contact details are provided and that the nominated e-mail address is regularly checked for correspondence.|
|7.5||Each Order (once confirmed by us in writing) represents a separate agreement between the parties (and each separate Order placed by you on, or via, the Site will be subject to this Agreement).|
|7.6||We reserve the right, at our absolute discretion, to cancel your Order at any time prior the provision of the Services, to you.|
|7.7||If an Order has been cancelled, refused or cannot be met due to unavailability of any Services, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.|
|7.8||We accept no responsibility for Orders that are declined, misplaced, not received or not accepted due to disruptions caused to your or our internet connections or our computer systems.|
|7.9||We do not guarantee the availability of any Products or Services displayed or ordered on, or via, the Site.|
|8.1||You can pay for your Order using any of the methods specified on the Site. A surcharge may apply to payments made by credit card depending on the credit card used.|
|8.2||You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.|
|8.3||If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be fulfilled. If you do not provide the requested information within 7 days, your Order will be cancelled and your payment will be refunded back to you via the method in which you paid. These information requests are sent to help protect credit card holders from online fraud though we provide no guarantee that we will identify any or all instances of online fraud that may occur in relation to any Order made on or via the Site.|
|8.4||Payment processing services for Orders and/or Services are provided by Stripe and Paypal are subject to the Stripe Connected Account Agreement and the Paypal Legal Agreements (collectively, the “Services Agreements”). By placing an order and using Stripe or Paypal to process payments you agree to be bound by the Services Agreements, which may be modified by Stripe or Paypal from time to time. As a condition of enabling payment processing services through Stripe or PayPal, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe or Paypal.|
|9||Provision of Services and Reports|
|9.1||Included in the Services is the ability to produce PDF reports based on information presented via the Site (“Reports”).|
|9.2||The Services, that include the Reports, are only intended to provide general information, and do not represent financial advice and therefore should not be regarded as such.|
|9.3||You agree and acknowledge that we rely on third party data providers in order to produce the Services, and therefore do not guarantee the accuracy or completeness of the information contained within the Services and Reports. The Services also rely on assumptions that may change over time and we bear no responsibility to update that information. You agree to be bound by the terms and conditions for each of the data providers. Our key data providers are Domain Holdings Australia Limited, BCI Australia Pty Ltd, Australian Bureau of Statistics (ABS), Department of Environment, Land, Water and Planning (DELWP).|
|9.4||We will use reasonable endeavours to ensure that all Services are provided to you in a prompt and timely manner. However, factors outside our control may result in delays to the Services. We do not accept any liability for loss or damage suffered by you or anyone as a result of any such delays.|
|9.5||Where you provide the Services to any third party, you bear the onus of informing that third party of the terms of this Agreement.|
|10||Repairs, Refunds and Returns|
|10.1||Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the “Acts”) where to do so is unlawful. To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the Products or Services again or payment of the cost of having the Products or Services supplied again.|
|10.2||Customers may choose to purchase the Services from time-to-time via a free, monthly or yearly subscription, depending on the Subscription Level.|
|10.3||Where you are a Member and have made an Order for a monthly subscription, you will not be entitled to a refund for the amount paid in relation to that month.|
|10.4||Where you are a Member and you have made an Order in relation to a upfront yearly subscription and not claimed consulting credit, you will be entitled to a 50% refund of the amount paid by you on the Order, in proportion to the remainder of the yearly subscription.|
|11.1||You acknowledge that we or our licensors are the owners of all Intellectual Property in the Site and in all Material published on the Site, and we retain all rights, title and interest in the Site and Material (including Intellectual Property contained therein) irrespective of any licence we may grant to you to access, and use, the Site. You must not use the Intellectual Property contained on the Site or in the Material in any manner other than as permitted under the Agreement. We reserve all rights in relation to our Intellectual Property and we may terminate any licence granted to you under this Agreement at any time and at our absolute discretion.|
|11.2||You may use the Material and the Intellectual Property therein for any purposes so long as the use you do not attempt or commercialise the Material or the Site,|
|11.3||Subject to Clause 11.2, you must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.|
|11.4||You agree that you will not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Site.|
|12||Linking to the Site|
|12.1||You may link to the Site, if you have obtained written consent from us, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.|
|12.2||You must not establish a link to the Site from any website that is not owned by you.|
|12.3||This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.|
You agree to indemnify us (and our officers, directors, employers or contractors) (collectively, the ‘Indemnified’) and to keep indemnified the Indemnified and hold harmless from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services.
To the maximum extent permitted by law, we exclude all:
(a) conditions, guarantees or warranties expressed or implied by law; and
(b) any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill),arising out of, or in connection with, access and/or use of the Material, the Site, or any Products or Services Ordered on, or via, the Site and this Agreement.
|14.2||Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed the total cost of the Services to you in the previous 12 months.|
|14.3||To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.|
We gather personal information about our Customers for the purposes of:
(a) marketing, supplying or delivering our Products or Services to you;
(b) carrying out repair work (both in and out of warranty repairs) in relation to our Site, Products or Services;
(c) improving and developing our Site, Material, systems, Products or Services; and
(d) improving the practices and procedures that underpin our business.
|15.2||We are committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared. Further details about our practices relating to the collection, use, disclosure and storage of your personal information are available here.|
|16.1||We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.|
|16.2||Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.|
|16.3||Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.|
|16.4||A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.|
|16.5||This Agreement is governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.|