Terms And Conditions

Databunch Terms and Conditions


Last updated 06 June 2014


Before you can register for our products and services, you must read, accept and
agree to be legally bound by our Terms and Conditions relating to the Databunch Pty
Ltd (Databunch) website and portal ('the website').
These Terms and Conditions explain our obligations and your obligations in any
dealings or transactions you have with Databunch.


Acceptance of Terms and Conditions.


By registering for, accessing or using this website, you acknowledge that you have
read, accepted and agreed to be legally bound by these Terms and Conditions and
any notices, protocols or guidelines appearing on or in connection with this website,
as amended from time to time. Any such notices, protocols or guidelines are hereby
incorporated by reference as part of these Terms and Conditions.
You acknowledge and agree that your access to, and use of, website is on an 'as is, as
available', basis. Databunch is in no way liable for your failure to access and
otherwise use this website.


You agree not to breach these Terms and Conditions. If you do not agree to these
Terms and Conditions, please leave website and do not access it again.
Databunch may change the Terms and Conditions and other rules, guidelines,
statements or policies on this website from time to time at its discretion. Your
continued use of this website constitutes acceptance of any and all changes. Your
access and use of this website will be subject to the most current version of the
Terms and Conditions as published on website at the time of your use. Please
regularly check the Terms and Conditions link on the homepage of
www.databunch.net to keep yourself informed of updates and/or changes.
If you breach any of these Terms and Conditions, your licence to access or use
website and any content found within will immediately and automatically terminate.
Intellectual property.


All images, videos and other content on website as well as their selection and
arrangement (“content”) are protected by copyright, trade mark, design and other
intellectual property laws, as well as laws relating passing off, trade secrets,
confidential information and the Australian Consumer Law (as amended).
You agree not to copy, republish, frame, link to, download, transmit, modify, adapt,
create derivative works based on, rent, lease, loan, sell, assign, distribute, display,
perform, licence, sublicence or reverse engineer the website or any of its content
without the express written permission of Databunch. You agree not to use any data
mining, robots, or similar data and/or image gathering and extraction methods in
connection with the website or its content such as the act of scraping. This term is a
fundamental term and obligation and breaching it may leave you liable to
Databunch.


The compilation of information on the website, including page headers, custom
graphics, buttons, icons, scripts, layout, information tables, photos, video and
moving images form part of the getup of Databunch as well as Databunch’s
marketing techniques, business strategies and advertising themes.
All videos and moving images are the property of their respective owners and do not
imply endorsement, sponsorship or recommendation by Databunch unless expressly
stated in writing.


You agree not to use any aspect of the website including any works and/or trade
marks, any variation thereof, or any trade mark substantially identical or deceptively
similar enough to be misleading or confusing, without Databunch’s express written
permission. You may not link to the website without express written consent.


Breaches of your rights.


Databunch checks each uploaded video and/or moving images to ensure it meets
our standards and that it does not breach any intellectual property rights. However,
if you consider that any video featured on website breaches your rights, please let us
know immediately so that we may investigate your complaint. In most cases, if you
give us proof that you hold rights to a video or other intellectual property we will
take down the offending video or moving image.


Use of our content.


Certain content will be made available to you in return for payment of a fee and/or
entry into a subscription agreement or other agreement with Databunch. Unless you
have paid the fee or entered into such an agreement, you may not use, distribute or
copy any of the videos, whether watermarked or not.
You may not remove any watermarks or copyright notices contained in any of the
videos on this website.


In accessing and using this website, you agree:


(a) that you may only use the website strictly in accordance with these Terms
and Conditions and all notices, protocols, guidelines and other instructions
provided or advised to you by Databunch from time to time;
(b) to provide true and correct information to Databunch in respect of any
transaction made via the website;
(c) not to falsely represent your authority to make a transaction via the website;
(d) not to impersonate any person or falsely represent your association with any
person or organisation;
(e) not to provide false and misleading information in connection with the
website;
(f) not to access or attempt to access information resources you are not
authorised to use;
(g) to ensure that any transaction using your login and password for the website
will only be undertaken by you;
(h) not to transmit any message, data, image or program that would violate the
rights of others, including unauthorised text, images or programs, trade
secrets or other confidential proprietary information;
(i) not to interfere with the rights of others to use the website;
(j) not to use the facilities and capabilities of the website to conduct any activity
or solicit the performance of any illegal activity;
(k) not to attempt to modify, adapt, translate, sell, reverse engineer, decompile
or disassemble any portion of the website, including the use of automated
tools;
(l) that you are responsible for any damage to your computer, systems or
software caused by your use of the website, including by any virus
(irrespective of the origin of the virus) arising from your use of the website;
(m)that you are responsible for accessing and reading notices and information
provided by Databunch in relation to the provision of products and services
via the website; and
(n) that you will be deemed to have received email notices sent by Databunch to
your registered email address when such notices have been received by your
email system.


Termination of use.


Databunch may restrict, suspend or terminate your access to any part this website
and/or videos at any time, at Databunch’s discretion, without prior notice or liability
to you.


Lodgements or transactions using the website.


Databunch's generated records of the time of a transaction are conclusive evidence
of the time of lodgement or the transaction in the absence of conclusive proof to the
contrary. The time of a transaction is the time when the last relevant data byte is
received by the Databunch web server.
When a valid transaction is completed, the date and time of receipt will appear in an
online acknowledgement. If an acknowledgement is not displayed, the service
request may not have been received by Databunch. When no evidence of submission
and payment exists or when no payment is required and no evidence of submission
exists, you should resubmit the request. When payment has been made but no
record of submission exists, you should contact Databunch on [insert no].
Databunch will confirm that you have successfully undertaken a transaction via the
website and will present you with a reference number on-screen. Where you do not
receive any confirmation from the website that you have undertaken a successful
lodgement or transaction it is your responsibility to relodge or resubmit your
transaction. Databunch disclaims all and any liability arising from your failure to take
such remedial action.


If a payment made using the website is ultimately declined by your financial
institution, the corresponding lodgement or transaction will be deemed to be
unsuccessful by Databunch irrespective of any earlier confirmation issued to you by
Databunch that the transaction was successful. In such circumstances, Databunch
will endeavour to notify you that the transaction was unsuccessful as soon as it is
made aware by your financial institution that payment was declined. Databunch
disclaims any and all liability for unsuccessful transactions arising from such declined
payments.


Where a transaction is verified as meeting the requisite requirements, Databunch
will send an official notification in accordance with its standard procedures.
Where a transaction or payment is verified as not meeting the requisite
requirements, Databunch will attempt to advise you in accordance with its standard
procedures.


Operation of website.


The website has been implemented in a technical environment which is designed to
provide high availability and to be reasonably fault tolerant. The target availability is
24 hours per day, 7 days per week other than during defined maintenance windows
advised to you via official notices on the website.


You acknowledge and agree that your use of the website on an 'as is, as available'
basis only and may not always be available. Databunch makes no representation and
gives no warranty that the website will meet your requirements, be uninterrupted,
timely or error-free. Databunch will attempt to inform you as soon as possible of any
outage that might materially affect your normal use of the website. However,
Databunch will not be liable for delay to transactions or disruption to your business
or operations, or those of your organisation arising directly or indirectly from any
such outage (whether or not the outage was notified to you by Databunch in a timely
manner or at all).


It is in your best interests to ensure that you have adequate contingency plans to
protect the integrity of your business operations and those of your organisation and
to ensure you and your organisation can proceed despite any disruption or delay
occurring in respect of the website.


Databunch may alter, suspend or decommission the website at any time without
giving a reason. Where reasonably practicable, Databunch will attempt to give prior
notice of any such action but may give no notice in its absolute discretion.
You should promptly notify Databunch if you discover or suspect any error or
malfunction in the website. In such an event, you agree to promptly provide to
Databunch information and details regarding any error or malfunction of website to
the extent reasonably necessary to identify, confirm, investigate and rectify any such
errors or difficulties (including where relevant any details of your operating
environment or that of your organisation).


Access and password.


When you register with Databunch you provide a username and password that can
later be used to log on to our secure facilities. It is your responsibility to protect your
password from disclosure to unauthorised individuals. Registered organisations
should only allow authorised individuals access to the username and password. Do
not distribute or publish, in any form, this information to unauthorised individuals.
You agree to:
(a) be responsible for all activities that occur under your username and
password;
(b) maintain the confidentiality of your password and user name;
(c) change your password on a regular basis;
(d) not save your password on a computer that you are using to access the
website;
(e) change your password if it becomes known to unauthorised persons;
(f) cancel your registration if it is associated with a registered organisation and
you leave that organisation;
(g) contact us if your username and/or password have been lost, stolen or
otherwise compromised; and
(h) log out at the end of each session.
Security
It is a condition of you using the website that you must not:
(a) tamper with other accounts, or commit unauthorised intrusion into any part
of the website;
(b) attempt to bypass any security controls;
(c) use the website in a manner that encumbers disk space, processors or other
system resources;
(d) make deliberate attempts to interfere with the functionality of the website,
overload the website or attempt to disable a host;
(e) attempt to use the website without authorisation; and
(f) transmit any file with malicious content.


Monitoring.


The effective management and security of the website requires that usage is
routinely monitored and analysed for evidence of misuse and attempted or actual
security breaches. You consent to this monitoring being undertaken by Databunch in
connection with your use of website.
Further information on user monitoring may be found in the Privacy Statement.
LIABILITY AND INDEMNITY
You agree that Databunch will not be liable to you or your organisation for any loss
or damage whatsoever that you or your organisation suffers or may suffer that arises
directly or indirectly from:
(a) your use of, or inability to use the website;
(b) unauthorised access to or alterations of your transmissions or data;
(c) activities resulting from the loss or misuse of your username and
password;
(d) any attempt to use the website without authorisation. This includes but is
not limited to password cracking, social engineering (defrauding others into
releasing their passwords), denial-of-service attacks, sending packets with an
illegal packet size, UDP flooding, ping-flooding, half-open TCP connection
flooding, harmful alterations of services, harmful and malicious destruction of
data, injection of computer viruses, distribution of viruses, intentional
invasion of privacy, reading of files without authorisation; and
(e) any other matter relating to the website.
You and your organisation agree to indemnify and hold harmless Databunch from
and against any loss, damage, cost, expense, claim proceeding or liability of any kind
that Databunch may incur to any third party that arises directly or indirectly from:
(i) your breach of these Terms and Conditions; and
(ii) your use of the website and your activities in connection with the
website, except to the extent that any such loss, damage, cost, expense,
claim proceeding or liability arises solely from any act or omission
involving fault on the part of Databunch.


Termination of use.


You may cancel your registration with the website at any time.
Databunch may immediately terminate your registration, access to and use of the
website by notice to you, if it determines that you have breached any of these Terms
and Conditions.
Databunch may suspend your registration, access to and use of the website if
Databunch considers it necessary to protect its interests or those of any other
person while it investigates any technical or operational issue or breach of security
or a possible breach of these Terms and Conditions.
Databunch reserves the right to report any offence to the proper authorities, if
necessary.
Databunch may also terminate your registration, use of or access to the website for
its own reasons and without any fault on your part provided that in such
circumstances Databunch will attempt to give you not less than 30 working days
prior written notice of such termination where it considers that this is appropriate in
its absolute discretion.
Databunch will not accept any transactions from you via the website after any date
of termination.


Notices.


You agree that Databunch may notify you of any changes to your registration, access
and use of the website and of any changes to these Terms and Conditions by
publication of a notice on the website. In such circumstances, Databunch may, but is
not bound to, also issue an email notification to your registered email address.
Amendments to the Terms and Conditions
Databunch may amend these Terms and Conditions at any time, and you agree to be
bound by any such amendments immediately upon notification of the amendments
being posted on the website. Databunch may also, at its discretion, require you to
accept the amended Terms and Conditions prior to allowing you continued access to
the website. If you do not wish to be bound by any changes to the Terms and
Conditions, you must immediately seek cancellation of your registration to the
website and no longer use or access website.


Links to third party websites.


Links from or to the website do not imply that Databunch endorses, is affiliated with,
or adopts another website as their own. Databunch accepts no liability or
responsibility for any content which is found on any third party website. Such
websites are beyond Databunch’s control.
Indemnification
You agree to defend, indemnify and hold harmless Databunch, its subsidiaries,
affiliates, licensors, employees, agents, third party information providers, submitters
of content, and independent contractors against any claims, damages, costs,
liabilities and expenses arising out of or related to your conduct, use or non-use of
any content or part of the website, breach of any of these Terms and Conditions, or
any representation or warranty given herein whether through breaching intellectual
property rights or in some other manner.
Warranties and disclaimers
Website, service, materials and content are provided by Databunch under these
Terms and Conditions “as is”, without warranty of any kind, whether express,
implied, statutory or otherwise. This is included, but not limited to, warranties for
title, non-infringement, merchantability or fitness for a particular purpose. Without
limiting this section, Databunch makes no warranty that the website will meet your
requirements, access to the website will be uninterrupted, the quality of the website
will meet your expectations and/or any error or defect in the website, services or
materials will be corrected.


Privacy and use of personal information.


Databunch is committed to keeping your private personal information safe. As such,
our Privacy Statement in the website is available in clear language and in line with
the Australian Privacy Principles (as amended) and appropriate legislation and
regulations.


Governing law and jurisdiction.


This agreement is governed by and shall be construed by the laws of Australia and its
States and Territories, particularly the State of New South Wales. You consent to the
personal jurisdiction of the state and federal courts located within that state. All
claims, disputes or otherwise resulting from these Terms and Conditions shall be
heard and decided exclusively before these courts and not elsewhere.
Service and process of any claims, disputes or otherwise resulting from these Terms
and Conditions may be effected according to the rules of the State of New South
Wales.
The validity of this agreement as a whole shall not be compromised by the invalidity
of any single part. Likewise, each part of this agreement shall be read in light of the
whole to guide its interpretation.