“Website” means our website www.duskmobile.com across any system (desktop, mobile, tablet, etc).
“We/our/us/Dusk” means Dusk Mobile Pty Ltd (ABN 58 167 237 934).
“You” means you, the party browsing or otherwise accessing or using our website.
Your access to and use of our website is subject to the following terms and all applicable laws.
Your use of our website, these terms and all of our policies, legal terms and notices is governed by and construed in accordance with the laws of Victoria, Australia, and by using our website you irrevocably and unconditionally submit to the jurisdiction of the courts of the State of Victoria. In all other respects, you are responsible for complying with the laws of the jurisdiction from which you are accessing our website and you agree that you will not access or use the information on our website in violation of such laws.
Dusk content and publications
Content on our website or publications of ours are provided free of charge and for informational purposes only and should not be:
• construed as a commercial offer, licence, advice, or creation of any business or professional services relationship between you and us; or
• regarded as a substitute for professional advice or independent investigations.
Third party content and links
We may from time to time allow our website to contain:
• content provided to us by other parties (Third Party Content); and
• links and pointers to websites operated by third parties (Links), including, without limitation, links from our website to some of our customers.
We and our related entities, directors, officers and agents:
• are not responsible for any views expressed in any Third Party Content or Links;
• do not endorse or recommend any Third Party Content or Links, in whole or in part, by providing access to them, even if they contain our logo as Third Party Content and the information available on Links is not provided by us, in our control or in any way our responsibility;
• do not have a practice of monitoring or making inquiries about Third Party Content or Links;
• make no warranty as to the accuracy or reliability of Third Party Content or any information available through Links; and
• disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from Third Party Content or websites available through Links.
Using a Link (and leaving our website) or relying on any Third Party Content is done at your own risk.
Submitting content to us
If we allow you to post content or comments on our website or any social media page we operate, you warrant that:
• you may transmit that content to us;
• your transmission does not infringe any intellectual property rights or other applicable laws;
• you will not engage in any offensive, slanderous, discriminatory or otherwise unsavoury behaviour (including about us, our customers, competitors or any other person or entity);
• you take full responsibility for your transmissions.
Content transmitted to us by you will be treated as non-confidential and non-proprietary and by submitting it to us you give us an unlimited, worldwide, royalty-free, perpetual, transferrable and irrevocable licence to use, reproduce, modify, adapt, remove, edit, translate, distribute, publish, create derivative works from and display and publicly perform such content, including any underlying idea, concept or know-how, without notice to you. We reserve the right to use the content you provide to us in any way we choose (without notice to you), including censoring and deletion.
Please do not submit unauthorised ideas to us outside of an established business relationship with us. We cannot treat such submissions in confidence and will always act to protect the interest of our current clients and our own business. Accordingly, any ideas disclosed to us outside of a pre-existing and documented confidential business relationship are not confidential and we may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you.
Linking to our website and content
You may only link to content on our website if we consent and any consent is conditional upon you not:
(a) attributing a link to Dusk content as being a link to your own or someone else’s content (for example, using your own logo to link to our content);
(b) attributing a link to our website and then linking to somewhere else;
(c) framing our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors; or
(d) linking to our content as part of a website that competes with us in any manner.
We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider reasonable.
This website and any material contained on it, including, but not limited to texts, data, graphics, pictures, sounds, videos, logos, icons or html code, is protected under intellectual property law and is our exclusive property (unless stated otherwise). You may use, download, display and/or print our website or any content from our website solely for personal and non-commercial purposes provided you do not make any modifications and maintain all copyright, trademark and other proprietary notices. Any other use or modification of our website or content, without our prior written authorisation, is strictly prohibited and nothing on our website should be construed as conferring by implication, estoppel or otherwise, any licence or right to any copyright, patent, trademark or other proprietary interest of ours, or any third party, to you.
Restrictions on your use
In accessing or using our website, you agree that, in addition to any other terms, notices or conditions, you will not:
(a) use any automated device, software, process or means to access, retrieve, scrape, index or otherwise reproduce our website or any content on our website;
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our website;
(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage;
(d) use or index any content or data on our website for purposes of competing with us in any manner that we have not specifically authorised (including the construction or populating of a website or reputation in any area we operate in);
(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
(f) use our website or any content from our website in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;
(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
(h) act in violation of any of these terms or any other conditions imposed by us or any applicable law;
(i) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit our website or any content on our website, except as expressly authorised by us; or
(j) transmit or attempt to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
If we provide you, or any party acting on your behalf, with information or materials (including but not limited to information or materials provided otherwise than on our Website) which are confidential or sensitive in nature (or would reasonably be considered to be confidential or sensitive), you agree that you will not reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit them, except as expressly authorised by us. Please note that confidential and sensitive information includes, but is not limited to, information or materials contained in proposals, tender submissions or other documentation made available to you (in whole or in part) in good faith. A use of any information or materials we have provided to you to compete with us in any manner (including contacting any employee, contractor or third party supplier of ours for the purposes of canvassing or soliciting their services to carry on, in any capacity, in competition with Dusk Mobile) will be a material breach of these terms.
Warranties, indemnities and limitation on liability
You represent and warrant that your use of our website will comply at all times with these terms and any direction we make to you from time to time in relation to your use. These terms do not extend or modify any warranties that may apply to you as a result of any contractual relationship you enter into with us (unless stated otherwise in such a contractual relationship).
Our website, its content and all materials (including any downloadable software) is provided “as is” and although we use reasonable efforts to maintain it and provide reliable information, we do not make any representation or warranty of any kind that:
• our website is free of inaccuracies, errors and/or omissions, viruses, worms, trojan horses and the like (including, but not limited to, content or information generated on our website, by or on behalf of us, or by a third party (including Third Party Content and Links));
• the content of our website, any Third Party Content, any Link or any service referred to our website, is accessible to you (including on or through our website), is appropriate for your particular use or up to date;
• we will not change the information on our website (we may do this at any time and without notice to you); or
• any particular results will be derived from using any software or information available on our website.
You are solely responsible for any use of our website and its content. We and our related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any user (or recipient of content) who relies on anything contained in or omitted from our website or publications (including but not limited to publications on social media platforms such as Twitter, Facebook, LinkedIn or Pinterest).
You agree to indemnify and hold harmless Dusk and its affiliates (and their officers, agents, partners and employees) against any and all loss, liability, claim or demand (including but not limited to reasonable legal fees arising out of, or in connection with, your use of and access to our website (including providing content not in accordance with these terms), Third Party Content or Links).
Certain rights and remedies may be available under legislation and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, to the maximum extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option, to:
(a) the re-supply of services or payment of the cost of re-supply of services; or
(b) the replacement or repair of goods or payment of the cost of replacement or repair.
IN NO EVENT SHALL DUSK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF DUSK AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00(AUD).
© Dusk Mobile Pty Ltd