These terms form the basis upon which you may use this website.
The parties to these terms are:
2.1. http://designervsdeveloper.com.au/ of NSW, Australia (“us”, “we”, and “our”); and
2.2. an end user, anyone who uses our site (“you”).
3.2. http://designervsdeveloper.com.au/ is a website providing reviews, information and deals on software (“permitted purpose”).
3.3. In consideration for providing you with a licence to use the site, you agree to only use the site in accordance with these terms.
4.1. We grant you a personal licence to use the site.
4.2. Your licence is made up of the following:
4.2.1. this document;
4.2.3. any other policy that we may publish on the site from time to time.
4.3. You must only use the site strictly on the terms of your licence, and only for the permitted purpose.
4.4. A condition of this licence is that:
4.4.2. our advertisers, affiliates, and other users of the site may send you email from the site.
4.5. You must ensure that: 4.5.1. all information you provide our advertisers and affiliates, when transacting through the site is true and correct, and is at all times kept up to date; and
4.5.2. you comply with all applicable laws.
4.6. If you buy goods from a our site:
4.6.1. you must complete any purchase you initiate;
4.6.2. comply with the terms of this licence;
4.6.3. it is solely your responsibility to ensure that the item is suitable for your intended purpose;
4.6.5. you warrant that:
22.214.171.124. you are authorised to use any payment instrument through which you make a payment for a purchase;
126.96.36.199. the delivery address specified in your purchase with our advertisers and affiliates is correct;
188.8.131.52. you have not relied upon any representation given by us;
4.6.6. you release us from any claim arising from the sale of goods.
5. External links
We may provide you with links to external websites from the site, where we do you acknowledge that:
5.1. we do not endorse or recommend such website;
5.2. such websites do not form part of our website;
5.3. we do not warrant that:
5.3.1. any information contained in such website is true and correct;
5.3.2. these external websites do not contain viruses, trojans and other malware.
6. Acceptable Use
You must not use the site (or any software provided on or from the site) to:
6.1. abuse, menace, harass, intimidate or stalk anyone;
6.2. break the law or allow another person to break the law;
6.3. damage property including intellectual property;
6.4. injure anyone;
6.5. mislead or deceive anyone including through the creation of ‘spoof’ websites;
6.6. facilitate the commission of a tort, or breach of contract;
6.7. allow for the misuse of anyone’s confidential information;
6.8. misuse or allow for the misuse of anyone’s personal information, sensitive information or health information, as defined by the Privacy Act 1988;
6.9. facilitate or engage in any act or omission which is in contravention of the laws regarding Spam including the Spam Act 2003;
6.10. interfere with someone else’s computer without their permission;
6.11. allow a minor to view or access material which is inappropriate (or not classified for minors) for minors including pornography;
6.12. send or distribute any virus, worm, trojan or other malicious code;
6.13. send alter or create an electronic message (including spoofing) to conceal the true identity of the person from whom it originates;
6.14. interfere with the proper operation of a website, blog, newsgroup, forum or chatroom;
6.15. use a remote system (such as a mail server or proxy server), without the authorisation of the owner of it, for the transmission of data;
6.16. operate a service such as a mail server or proxy server, without proper controls to prevent the use of the service by unauthorised third parties for the transmission of data;
6.17. control or contribute to a Denial of Service attack;
6.18. send, display or publish material which:
6.18.1. is obscene or offensive;
6.18.2. is defamatory or potentially defamatory;
6.18.3. would contravene anyone’s intellectual property rights;
6.18.4. is likely to incite sexual, religious or racial hatred, violence, discrimination or vilification; and despite anything to the contrary you must not procure another person to do any of the things prohibited under these terms.
7. Intellectual property
7.1. Any intellectual property created while using the site vests solely with the person who created it – but you grant us an unlimited, royalty free licence to use and display anything which you (with our consent) create or post on the site.
7.2. You may not use any of our intellectual property (including our name, logo or content) without our prior written approval.
7.3. You must notify us immediately if you become aware of any advertisement on our website which infringes the intellectual property rights of any third party.
8.1. You acknowledge that:
8.1.1. the persons who use the site are not employed by us, and are not our agents, partners, joint venturers or authorised representatives – they are independent;
8.1.2. we do not endorse or warrant the content of any advertisements, reviews or other content on the site;
8.1.3. any agreement (other than these terms) you enter into with a seller is directly between you and the seller and is not with us;
8.1.4. to the extent permitted by law we do not warrant that the content of the site is current or error free;
8.1.5. we are not a party to any agreement for the sale of goods on the site;
8.1.6. the site is only to be used as a guide and is not to be relied upon as advice about prevailing market rates of goods.
8.2. You must accept use of the site from us subject to these acknowledgements, and none of them constitutes a defect in the site.
8.3. You release us from all losses and claims in respect of, or out of, such matters you acknowledge or their consequences.
9. Limitation of liability and indemnity
9.1. EXCEPT FOR ANY EXPRESS WARRANTIES IN THESE TERMS AND, TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES IN RELATION TO THE SITE AND ANYTHING ON IT (OR PROMOTED ON IT).
9.2. IN THE CASE OF ANY BREACH OF THESE TERMS (OR ANY OTHER PART OF THE LICENCE TO USE THE SITE), OR ANY NEGLIGENCE FOR WHICH WE ARE RESPONSIBLE, OR BREACH OF A CONDITION OR WARRANTY THAT LEGISLATION PROHIBITS US FROM EXCLUDING (WHICH CONDITION OR WARRANTY SHALL ACCORDINGLY BE INCLUDED), OUR LIABILITY TO YOU WILL BE LIMITED, AT OUR OPTION, TO:
9.2.1. USD$10; OR
9.2.2. IF THE BREACH OR NEGLIGENCE RELATES TO GOODS -
REPLACEMENT OF ANY GOODS INVOLVED OR THE SUPPLY OF EQUIVALENT GOODS;
THE REPAIR OF SUCH GOODS;
THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR
THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND
9.2.3. IF THE BREACH RELATES TO SERVICES -
SUPPLYING OF THE SERVICES AGAIN; AND
THE PAYMENT OF THE COST (FOR THE PERIOD OF THE BREACH) OF HAVING THE SERVICES SUPPLIED AGAIN.
9.3. IN NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INDIRECT, SECONDARY OR CONSEQUENTIAL LOSS OR LOSS OF INCOME, LOSS OF PROFIT, OR LOSS OF BARGAIN THAT YOU OR ANYONE ELSE MAY SUFFER.
9.4. YOU INDEMNIFY US (ON A FULL INDEMNITY BASIS INCLUDING ALL LEGAL COSTS AND EXPENSES) AGAINST ANY CLAIM, LOSS OR DAMAGE WE SUFFER TO THE EXTENT THAT IT ARISES FROM:
9.4.1. ANY ACT OR OMISSION INCLUDING THE SALE OR PURCHASE OF ANY GOODS THROUGH OUR SITE;
9.4.2. ANY BREACH OF ANY LAW; 9.4.3. ANY BREACH OF THESE TERMS;
9.4.4. ANY UNAUTHORISED USE OF A SERVICE OFFERED BY THE SITE – BY YOU OR ANYONE USING THE SITE.
10.2. We may use your personal information for promotional and marketing purposes until you request to opt out of receiving such information.
10.3. You also consent to us sending you email to advise you of changes to the site or to market the site or our services to you.
10.4. Where you obtain personal information through the use of the site, you must destroy that personal information within a reasonable time after you have used it for a purpose permitted by these terms.
11. Termination / Suspension
11.1. We may terminate or suspend your licence to use the site at anytime:
11.1.1. where you breach these terms; or
11.1.2. for any other reason we deem appropriate;
11.2. In addition to any other right of termination we may terminate your licence to use our site at anytime where we wish to discontinue our site or redevelop our site.
12.1. Either party may give notice:
12.1.1. by fax, and in our case to the current fax number indicated by our site contact details page;
12.1.2. by email, and in our case to the current email address indicated by our site contact details page;
12.1.3. by ordinary mail or hand delivery, in our case to the current postal address indicated by our web site contact details page – and in no other way.
12.2. A notice is deemed to be served:
12.2.1. if it is mailed: before noon on the second business day after posting;
12.2.2. if it is emailed during business hours upon the email leaving the sender’s mail server, and if outside business hours 9am on the next business day;
12.2.3. if it is faxed, upon the delivery of a successful transmission report by the sender’s fax, but if outside of business hours, at 9am on the next business day.
12.3. Any notice that is given must be in the English language.
If any provision in this agreement is unlawful or inconsistent with any law, then to the extent of the unlawful nature or inconsistency, that provision may be severed from without affecting the remainder of the agreement.
This agreement and any contract arising under it is governed exclusively by the law of NSW, Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in NSW, Australia.
No right under these terms can be waived except by notice in writing signed by the party waiving it. If a party overlooks a breach by the other party on one or more occasions, it is not taken to have agreed to any future breach.
16.1. Headings and footnotes are only for convenience. They are to be ignored when interpreting the agreement.
16.2. A reference to the singular includes the plural and vice versa.
16.3. Where one thing is said to include one or more other things, it is not limited to those other things.
16.4. There is no significance in the use of gender-specific language.
16.5. A “person” includes any entity which can sue and be sued.
16.6. A “person” includes any legal successor to or representative of that person.
16.7. A reference to a law includes any amendment or replacement of that law.