Terms

Digistorm Education Pty Ltd – Terms

  1. Overview
    1. This website is operated by Digistorm Pty Ltd ACN 153 005 264 (“Digistorm”). Throughout the site, the terms “we”, “us” and “our” refer to Digistorm. Digistormoffers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

    2. By visiting our site and/or signing up to or otherwise interacting with any software provided by us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, expect to any Institution where covered by our Master Agreement.

    3. Please read these Terms of Service carefully before accessing or using our website and/or any Service. By accessing or using any part of the site or Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

    4. Any new features or tools which are added to the Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

    5. Please also see our Privacy Policy for information of where your data will be stored and how your personal information will be handled.

  2. General Conditions
    1. By agreeing to these Terms of Service, you represent that you are at least the age of 16, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site or the Service.

    2. You may not use our Service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

    3. You must not transmit any worms or viruses or any code of a destructive nature.

    4. A breach or violation of any of the Terms may result in an immediate termination of your Services.

    5. We reserve the right to refuse a Service to anyone for any reason at any time.

    6. You understand that your content (not including credit card information), may be transferred unencrypted and involve:

      1. transmissions over various networks; and

      2. changes to conform and adapt to technical requirements of connecting networks or devices.

        Credit card information is always encrypted during transfer over networks.

    7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

    8. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  3. Accuracy, Completeness and Timeliness of Information
    1. We are not responsible if information made available on this site or in any Service that is not accurate, complete or current. The material on this site or in any Service is provided for general information only or is otherwise provided by a person other than us (i.e the school with which you are interacting) and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site or in any Service is at your own risk.

    2. This site or as Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site or a Service at any time, but we have no obligation to update any information on our site or in a Service. You agree that it is your responsibility to monitor changes to our site and any Service you access.

  4. Modifications of the Service and Prices
    1. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

    2. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

  5. Products or Services
    1. We reserve the right, but are not obligated, to limit the Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

    2. We do not warrant that the quality of any Services, information, or other material served to you or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

  6. Payments
    1. Where you use a service provided by us that accepts or requires payment, the price payable by you will be as quoted on that page at the time payment is required. Unless stated otherwise, the price is in Australian dollars (AUD).

    2. You must pay the applicable fee by credit card and/or any other payment method available on the service provided by us.

    3. We utilise third party systems to process payments made by credit card and such payment systems are subject to the relevant providers’ terms and conditions.

    4. If there is a problem with your payment (for example, if your credit card transaction is declined), we or a third party may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.

    5. We may vary any prices on any service provided by us at any time without notice to you.

  7. Your Account and Password
    1. We may provide you with an account login (including a username and password) to verify your identity when you use this website or use any Service. You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

    2. Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party.

    3. You agree that you are solely responsible for any use of the website and Service by any person using your username and password (including any purchases made via the website). You agree to release and indemnify us in relation to any claims, loss or liability arising out of the unauthorised use of your username or password (including any failure to keep your username or password secure and confidential).

    4. You agree to notify us immediately by email to support@digistorm.com.au of any unauthorised use of your account or any other breach of security.

  8. Optional Tools
    1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

    2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

    3. Any use by you of optional tools offered through the site or a Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

    4. We may also, in the future, offer new services and/or features through the website or a Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

  9. Third-Party Links
    1. Certain content, products and services available via our Service may include materials from third-parties.

    2. Third-party links on this site or a Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

    3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third- party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

    4. Our links with linked websites and/or third-parties should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites and third parties, or of any information, graphics, materials, goods or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

    5. We accept no responsibility for the content of any advertisement appearing on this website or a Service (including for any hyperlink to an advertiser’s own website). The inclusion of any advertisement on this website or a Service does not constitute a recommendation or endorsement by us of the advertiser’s goods and each advertiser is solely responsible for any representations made in connection with its advertisement.

    6. You must not create any hyperlink, hotlink, inline link, or direct link (each a “hyperlink”) to this website (or any file on this website) or embed any page of (or content on) this website on another website (using a frame, iframe, or otherwise) without our prior written permission in each instance. If you would like to create a hyperlink to this website, please contact us at support@digistorm.com.au. If you do create a hyperlink to this website or embed this website, or any part of this website, in another website, you will do so at your own risk and you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink or embedding and by doing so you agree to indemnify us against all claims arising from, or in connection with, that hyperlink or embedding.

  10. User Comments, Feedback and Other Submissions
    1. If, at our request, you send certain specific submissions (for example forum posts) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any

      time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

      1. to maintain any comments in confidence;

      2. to pay compensation for any comments; or

      3. to respond to any comments.

    2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

    3. You agree that your comments will not violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any commentsposted by you or any third-party.

  11. Personal Information

    Your submission of personal information through this website or any Service is governed by our Privacy Policy. Click here to view our Privacy Policy.

  12. Errors, Inaccuracies and Omissions
    1. Occasionally there may be information on our site or in a Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel quote if any information in the Service or on any related website is inaccurate at any time without prior notice (including after we have submitted you’re a quote to you to provide any goods or services).

    2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  13. Prohibited Uses

    In addition to other prohibitions as set out in these Terms of Service, you are prohibited from using the site or a Service or their content:

    1. for any unlawful purpose;

    2. to solicit others to perform or participate in any unlawful acts;

    3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

    4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

    5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

    6. to submit false or misleading information;

    7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

    8. to collect or track the personal information of others;

    9. to spam, phish, pharm, pretext, spider, crawl, or scrape;

    10. for any obscene or immoral purpose; or

    11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

      We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

  14. Disclaimer of Warranties and Limitation of Liability
    1. To the maximum extent permitted by law, we provide this website and related information and the Services on an “as is” and “as available” basis without any representation, warranties, conditions or guarantees of any kind (whether, express, implied, statutory or otherwise), including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement

    2. We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

    3. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

    4. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

    5. You expressly agree that your use of, or inability to use, the Service is at your sole risk.

    6. In no case shall Digistorm, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or

      any products procured using a Service, or for any other claim related in any way to your use of a Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of a Service or any content (or product) posted, transmitted, or otherwise made available via a Service, even if advised of their possibility.

    7. You acknowledge and agree that, despite all reasonable precautions on our part, this website and our Services are not, and cannot be, guaranteed to be error free, uninterrupted, timely, complete, or secure and acknowledge that the existence of any such errors, interruptions, delays, incompleteness, or security limitations will not be a breach of these Terms of Service. We will not be liable to you should this website, any services supplied through this website or any Services contain errors, or become unavailable, interrupted, or delayed for any reason.

    8. To the maximum extent permitted by law, we do not accept responsibility or liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, any Service or any linked website, including any such loss arising out of your use of or reliance on information contained on, or accessed through, this website or a Service.

    9. If the limitation of liability in clause 14(g) above is held to be invalid in whole or in part, then our maximum aggregate liability to you for all loss, damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one Australian dollar (AUD$1.00).

  15. Australian Consumer Law
    1. This clause 15 applies to Australian residents only.

    2. All goods purchased from this website come with guarantees that cannot be excluded under the Australian Consumer Law (prescribed in accordance with the Competition and Consumer Act 2010 (Cth)). You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality.

    3. The goods will not be of acceptable quality if such goods:

      1. are not fit for all the purposes for which goods of that kind are commonly supplied;

      2. have defects;

      3. are unsafe; or

      4. are not durable.

    4. Subject to any rights you may have under the non-excludable guaranteesr the Australian Consumer Law, we may impose fees payable by you in relation to any repair/service not covered by the guarantees under the Australian Consumer Law.

    5. Our liability for any breach of any warranty or consumer guarantee for goods or services is (to the extent permitted by law) limited to re-supplying the goods or services the subject of your order or refunding the costs of the goods or services (at our sole discretion).

    6. To the extent permitted by law, we are not responsible to you in any way as a result of damage due to ordinary wear and tear, misuse, accident, abuse, alteration, substitution or improper repair.

    7. To the fullest extent permitted by law (including Australian Consumer Law) we reserve the sole right to judge whether or not a good has been subject to ordinary wear and tear, misuse, abuse, alteration, substitution or improper repair performed by someone other than us (or our authorised repairers) or any other type of use causing deterioration. If, in our sole discretion, such goods show signs of any of the foregoing, we will have no liability to you.

  16. General warnings
    1. You must ensure that your access to this website and any Service is not illegal or prohibited by laws which apply to you. You agree not to use this website or any Service for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website or Service whether by way of a virus, corrupted file or through any other means.

    2. You must take your own precautions to ensure that the process which you employ for accessing this website or Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.

    3. Details contained on this website and in any Service have been prepared in accordance with Australian law only and may not satisfy the laws of any other country. We do not warrant that the details on this website or any Service will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not access any Service.

  17. Indemnification

    You agree to indemnify, defend and hold harmless Digistorm and our parent, trustees, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

  18. Severability

    If any of these Terms of Service, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason that unenforceable or illegal term or condition (or part thereof) shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms and conditions, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force.

  19. Termination
    1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

    2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using a Service or our site.

    3. If in our sole discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/ or accordingly we may deny you access to our Services (or any part thereof).

  20. Termination of access

    Access to this website may be terminated at any time by us without notice. Our disclaimers and limitations and exclusions of liability provided in these Terms of Service will nevertheless survive any such termination.

  21. Entire Agreement
    1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

    2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

    3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

    4. We are not liable for any failure by us to comply with these Terms of Service where such failure is due to circumstance beyond our reasonable control.

    5. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

  22. Governing Law

    To the extent permitted in your local jurisdiction, these terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the Queensland courts and agree that those courts are a convenient forum in which to resolve any dispute arising in relation to these terms and conditions (and any contracts between you and us which arise through your use of this website or any Service).

  23. Changes to Terms of Service
    1. You can review the most current version of the Terms of Service at anytime at this page.

    2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

  24. How we handle e-mails
    1. We may preserve the content of any e-mail you send us for our business purposes, including if we believe we have a legal requirement to do so. Your e-mail message content may be monitored by us including for troubleshooting or maintenance purposes or if any form of e-mail abuse is suspected.

    2. You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 1999 (Cth) and other similar legislation in each State and/or Territory in Australia.

    3. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy or otherwise disclosed to you.

  25. Contact Information

Questions about the Terms of Service should be sent to us at support@digistorm.com.au.

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