General
The Dieci Australia Website is a service provided by Dieci Australia for the following purposes:
- informing its Customers,
- enabling Customers to provide information to Dieci Australia, and
- providing information and services to Business Partners.
Dieci Australia information contained on this website is provided by Dieci Australia.
By accessing or otherwise using the Dieci Australia Website you agree to be bound by these conditions of use and you acknowledge that Dieci Australia provides the Dieci Australia Website to you on these conditions of use. Dieci Australia is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the Dieci Australia Website at any time without notice. Your continued use of the Dieci Australia Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.
Intellectual Property Protection
Dieci Australia owns all intellectual property in the Dieci Australia Website, unless indicated otherwise. Subject to these conditions of use, Dieci Australia grants to you a non-exclusive and non transferable limited licence to do the following:
- View and download information directly accessible through the Dieci Australia Website.
- Use information directly accessible through the Dieci Australia Website.
You agree that, subject to your use of the Dieci Australia Website in accordance with the limited licence granted to you, you will not infringe Dieci Australia’s intellectual property in the Dieci Australia Website and will not modify, copy, republish, frame, distribute or communicate any part of the Dieci Australia Website or any information contained therein or otherwise use them in a way which will infringe Dieci Australia’s intellectual property or other property rights.
Disclaimer
Except as provided by law, the Dieci Australia Website is provided “as is” and without any warranty or condition, express or implied. Dieci Australia does not warrant that the information contained in or accessible through the Dieci Australia Website is accurate, suitable for your purposes or without errors, omissions or viruses, nor does Dieci Australia guarantee continuous, uninterrupted or secure access to the Dieci Australia Website.
You acknowledge that access to and use of the Dieci Australia Website (including the software operating in connection with the Dieci Australia Website) may be interfered with by numerous factors outside of Dieci Australia’s control. Dieci Australia does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Dieci Australia Website. Subject to the provisions of the Competition and Consumer Act 2010, Dieci Australia makes no representations or warranties in respect of the information and materials available on the Dieci Australia Website or the means of accessing that information and material (including the software operating in connection with the Dieci Australia Website).
Dieci Australia makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Dieci Australia which are or may become linked or framed to or from the Dieci Australia Website.
Use of Information
If you upload or otherwise provide any information or content (‘Content’) in the course of accessing or using the Dieci Australia Website, you agree that such Content will be available to Dieci Australia to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:
- Is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading; or
- Infringes the intellectual or other proprietary interests of third parties; or
- Impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Dieci Australia considers to be inappropriate; or
- Contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Dieci Australia Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Dieci Australia Website or otherwise breaches or encourages other users to breach these terms of use; or
- Violates any law, statute or regulation; or
- Forges information to disguise the origin of any Content; and
- Encourages or incites any other Customer to engage in any of the above behaviour.
You agree to grant Dieci Australia a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.
Limitation of Liability
You agree that Dieci Australia is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the Dieci Australia Website, the use by Dieci Australia of information provided by you to Dieci Australia through the Dieci Australia Website or any such loss or damage which may arise should you be unable to access the Dieci Australia Website, for whatever reason and however arising, including negligence.
To the extent that Dieci Australia is able to limit the remedies available under these conditions of use, Dieci Australia expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Dieci Australia ‘s sole discretion):
- In the case of goods, any one or more of the following:
- The replacement of the goods or supply of equivalent goods;
- The repair of the goods;
- The payment of the costs of replacing the goods or of acquiring equivalent goods; or
- The payment of the costs of having the goods repaired; and
- In the case of services:
- Supply of the services again; or
- The payment of the cost of having the services supplied again.
You indemnify Dieci Australia against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- Your breach or non-observance of any term of these conditions of use; or
- Any breach or inaccuracy in any of your representations or warranties.
Breach and termination
If you breach any provision of these terms of use Dieci Australia may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Dieci Australia Website. In any event, Dieci Australia may terminate these terms of use (and your right to use the Dieci Australia Website) at any time and for any reason without prior notice to you.
Choice of Law and Use of Dieci Australia Website
These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of New South Wales, Australia. Dieci Australia has designed the Dieci Australia Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Dieci Australia Website outside the Commonwealth of Australia. The Dieci Australia Website is available only to people in Australia who can form legally binding contracts under applicable law.
No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and Dieci Australia by these terms of use.
Defined Terms
Business Partner: means any authorised dealer to whom Dieci Australia grants access to the Business Partner portal of the Dieci Australia Website and includes officers, agents and employees of the authorised dealers.
Customer: means existing or potential customers of Dieci Australia or persons accessing or otherwise using the Dieci Australia Website for domestic or commercial purposes, other than Business Partners.
Dieci Australia: means Dieci Australia Limited ACN 634 715 647
