This Agreement was last modified on 2nd February, 2015.
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://dashboard.diji.com/ (“the Site”) operated by Diji.com.au Pty Ltd (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://dashboard.Diji.com/.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement. “You” refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms of Service on its behalf. If You do not agree with the terms of this Agreement, do not use the Service. By using the Service, You signify Your irrevocable acceptance of this Agreement.
Description of Service
The Service includes, and is limited to, a service, web site, or mobile application that allows You access to and use of a single Account. Subject to these Terms of Service, Diji.com.au Pty Ltd grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content other than for purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Diji.com.au Pty Ltd does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to You. However, by uploading any User Content to the Service, You agree that Diji.com.au Pty Ltd may store and display (only to You, to the extent that You make such User Content private) Your User Content solely as necessary in connection with the Service.
You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that You, and not Diji.com.au Pty Ltd, are entirely responsible for all User Content that You upload, post, transmit or otherwise make available via Your Account. Diji.com.au Pty Ltd does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will Diji.com.au Pty Ltd be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.
The hosting service is provided by Diji.com.au Pty Ltd who contracts 3rd party cloud vendors to host the web application. Diji.com.au Pty Ltd will determine in its absolute discretion from time to time which cloud data center from which this service is provided.
Diji Warranties and Liabilities
You agree that Diji.com.au Pty Ltd has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. You acknowledge that Diji.com.au Pty Ltd may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. Diji.com.au Pty Ltd retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.
You agree that You will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on the Service (except for Your User Content), or create derivative works from our website (other than from Your User Content), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Diji.com.au Pty Ltd or any other third party, except with the prior written consent of Diji.com.au Pty Ltd or the appropriate third party.
We do not warrant that:
- the services provided under this agreement will be uninterrupted or error free;
- the services will meet your requirements, other than as expressly set out in this agreement; or
- the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorized access to the services or systems of Diji.com.au Pty Ltd
3rd Party Content
Diji.com.au Pty Ltd takes no responsibility for the accuracy or availability of third party data that make up the content within the Service, nor does Diji.com.au Pty Ltd have any obligation to monitor such third party content.
The Site and its original content, features and functionality are owned by Diji.com.au Pty Ltd and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with You. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Diji.com.au Pty Ltd.
By becoming a registered member of Diji.com.au Pty Ltd, you consent to receiving electronic communications from Diji. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our services.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Western Australia, Australia, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
You agree to indemnify, defend and hold harmless Diji.com.au Pty Ltd, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms of Service or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service (including without limitation Your User Content) or other right of any person or entity.
Limitation of Liability
In no event will Diji.com.au Pty Ltd or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Diji.com.au Pty Ltd, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, Diji.com.au Pty Ltd, its affiliates’, suppliers’ and Resellers’ maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months.
Payment and Fees
When purchasing a paid service, you agree that Diji is permitted to charge you the selected fees and any applicable tax charges in accordance with the terms and conditions in effect when the service is due payable. If your credit card cannot be charged for whatever reason, Diji reserves the right to suspend or terminate your access to the site and services. All fees and services will be charged automatically to the credit card submitted upon sign up. Subscription fees are payable in U.S. Dollars and based on Services purchased and not on actual usage. All fees are non-refundable. All fees are billed in advanced and we do not offer any refunds for partial months of service or refunds for months unused with an open account. All services will automatically renew unless explicitly cancelled by you. It is your responsibility to provide Diji with valid and updated credit card information and you authorize Diji to charge such credit card for all purchased subscriptions and renewals. You may terminate your subscription to the Site and Service at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods but any subscription fees you have paid in advance will not be refunded. You are solely responsible for cancelling your account.
If you have any questions about this Agreement, please contact us.