This Terms of Service was last updated on August 18th, 2019.
- terms and conditions set out here (the ‘Agreement‘);
- any other terms, conditions, notices, or disclaimers displayed on the Website;
(collectively the ‘Website Terms’) carefully.
By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Website Terms. If you do not agree with the Website Terms, you must cease usage of the Website immediately.
Certain legislation, including the Competition and Consumer Act 2010 (Cth) may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded or modified. To the extent that such legislation applies, this Agreement must be read subject to those statutory provisions and nothing in this Agreement is intended to alter or restrict the operation of those provisions.
Changes to the Website Terms
D-EFFCON reserves the right to review and change the Website Terms by publishing an updated version at its sole discretion. When D-EFFCON updates the Website Terms, it will use reasonable endeavours to provide you with notice of updates to the Website Terms. Any changes to the Website Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Website Terms for your records.
We may require You to become a registered user (‘Member’) with Us in order to access some part of the Website.
You are solely responsible for the use of Your user account, and must ensure that You keep all passwords secure. You will be responsible for any access to the Website using Your registration details, even if that access is by another person.
Browsing and Membership
You need to be 13 years or over to browse the Website. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply whether or not you’re a Member of Us.
You need to be 18 years or over to become a member. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
As part of the registration process to become a registered user (‘Member‘) of the Websites , you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
(b) a first name
(c) a last name
(d) country of residence
(e) a telephone or mobile number
(f) a password
You warrant that any information you give to D-EFFCON in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the the registration process, you will be a Member of the Websites and agree to be bound by the Websites Terms.
You may not use the Services and may not accept the Websites Terms if:
(a) you are not of legal age to form a binding contract with D-EFFCON; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Website Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of D-EFFCON;
(c) you will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
(d) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by D-EFFCON for any illegal or unauthorized use of the Website; and
(e) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
(f) You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address).
Where the option is given to you, you may make payment for the Services (the ‘Services Fee‘) by way of:
(a) Electronic funds transfer (‘EFT‘) into our nominated bank account
(b) Credit Card Payment (‘Credit Card‘)
(c) PayPal Australia Pty Limited (ABN 93 111 195 389) (‘PayPal‘)
(d) Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) (‘Stripe‘)
All payments made in the course of your use of the Services are usually made using Paypal or Stripe. In using the Websites, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the respective payment processor’s terms and conditions which are available on their respective website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
You agree and acknowledge that D-EFFCON can vary the Services Fee at any time.
D-EFFCON will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the management of D-EFFCON make a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘).
Website Access and Availability
We reserve the right to modify, discontinue, or disable all or part of the Website, on either a permanent or temporary basis, at any time. We will endeavour to provide You with prior notice of any modifications by posting on our social media channels or/and on the Website, however You accept it may not always be possible to provide prior notice.
We may suspend or terminate Your access to all or part of the Website at any time if You breach the terms of this Agreement in Our reasonable opinion.
No Unlawful, Infringing or Offensive Activity
You must not post, transmit to or via the Website any information or content which breaches any laws or regulations, infringes a third party’s rights or privacy or is offensive or contrary to any relevant standards or codes, including generally accepted community standards. You must not permit or enable another person to do any of those things.
You must not transmit any advertising, promotional materials, or similar materials without Our express written permission.
Examples of unlawful, infringing or offensive activity includes, but is not limited to, content that is:
- false or misleading, abusive, harassing, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory, or invasive of another’s privacy;
- an infringement of the intellectual property rights of another party;
- is not owned by You;
- may encourage criminal activity;
- contravenes any applicable laws, regulations, codes and standards;
- disturbs or damages the Website or its content;
- damages Us or Our reputation; or
- otherwise breaches this Agreement.
We may withdraw or alter any material You provide Us for display on the Website at our absolute discretion, including, without limitation, if We:
- reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way a breach of this Agreement or any law or third party rights; or
- are instructed to do so by any third party.
No Viruses or Other Interference
You must not transmit to or via the Website any virus or any other information or material or otherwise use the Website in a way which:
- tampers with, hinders the operation of, or makes unauthorised modifications to the Website;
- inhibits any other user from using the Website;
- violates the security of the Website or accesses any other unauthorised areas of the Website.
No Warranties or Representations
To the maximum extent permitted by law, We do not represent or warrant that the content on the Website is accurate, reliable, suitable or complete. In particular, although We use reasonable care and skill in operating the Website, We cannot guarantee that the Website will be continuously available or virus free.
Except as set out below, we exclude all:
- warranties whether express, implied, statutory or otherwise, relating in any way to the Website or Your use of it; and
- liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any use of the information on or access through the Website for any reason whatsoever (including negligence)
Where any statute implies any term into Your use of or any arrangement arising out of the accessing of the Website and that statute prohibits exclusion of that term, then that term is included. If and to the extent permitted by statute, however, Our liability for any breach of such term is limited to the resupply of services.
Our Liability to You
Except as set out under this section, We may be liable to You for breach of contract or negligence under the principles applied by the courts.
We exclude liability for any loss or damage to the extent that it is caused by You.
To the maximum extent permitted by law, We are not liable for damage or loss of any kind arising in connection with Your access to, or use of, or inability to use, the Website.
Your Liability to Us
You agree to fully compensate and hold Us harmless for any loss, damage, costs, expenses and penalties arising out of Your material breach of this Agreement or any negligence, or any act of fraud by You or on Your behalf.
You are not liable to Us for any loss to the extent that it is caused by Us.
Links to Third Party Sites
The Website may contain links to third party websites. The links are provided for Your convenience only, and do not indicate, expressly or impliedly, any endorsement by Us of the sites or the information, products, or services provided at those sites. You access those sites and use the information made available at those sites, solely at Your own risk.
D-EFFCON and its contractors make no representation about the accuracy or suitability of the information or links provided on this website. The information is provided on an ‘as is’ and ‘as available basis, without express or implied warranty. You use the information and links at your own risk. We take no responsibility for the content of Internet sites that link from the Website.
Intellectual Property Notice
You must not do anything which breaches or interferes with Our intellectual property rights.
All copyright and other intellectual property rights subsisting in the Website and the material on the Websites (including, without limitation, the software, design, text and graphics, and the selection and layout of the Website) are owned by or licensed to Us and protected by copyright under the laws of Australia and other countries.
You may view the Website and its contents using Your web browser.
You may not distribute, reproduce, frame, transmit (including broadcast), communicate, adapt, distribute, sell, publish, alter, modify or create derivative works from any content on the Website except as permitted by statute or with Our written consent.
Your Content and Your Intellectual Property
This section applies if You submit, post, transmit, or otherwise make any material available via the Website (Your Content).
Where You do so, You grant to Us a non-exclusive, irrevocable, perpetual, worldwide, royalty free, transferrable licence to use, reproduce, modify, adapt, publish or communicate to the public Your Content for the reasonable purposes of Our business, and the right to sublicense those rights to others. You also consent to any act or omission that would otherwise infringe any of Your rights (including Your moral rights) in Your Content.
You warrant that You have the right to grant the above licence, and that Our exercise of the licence rights above will not infringe the intellectual property rights of any third party, and that the content is not defamatory and does not breach any law.
We may review Your Content, but are not obliged to do so. We may also alter or remove any of Your Content at any time, including to ensure the functionality of our services.
To the extent that any terms of this Agreement are inconsistent with any other terms displayed on individual pages of the Website (other terms), the other terms will govern to the extent of the inconsistency only.
Privacy and Personal Information
If any provision of this Agreement or the Website Terms is invalid or unenforceable in a jurisdiction, the provision should be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability. It will not ail the validity or enforceability of that provision in another jurisdiction or the remaining provisions.
This Agreement and the Website Terms are governed by the laws in force in New South Wales, Australia.
You and We submit to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.