TERMS AND CONDITIONS OF ACCESS AND USE

  1. We, Digital Ministry Pty Ltd (ABN 67 100 071 403), may provide services to you, the user, through our websites (Services) on the following terms and conditions, as amended from time to time.
  2. By accessing any of our websites or otherwise using the Services you are agreeing to be bound by these terms and conditions. We may vary these terms and conditions, effective immediately, by updating them on our website.
  3. You may be required to register with us in order to make use of a Service. Where you are required to register:
    • the information you provide us must be accurate and complete and kept up to date;
    • you must protect
    • and not disclose any password we provide you; and
    • we may assume any person using the Services with your password is either you or is acting on your authority.
  4. Confidential Information means any material or information provided by or emanating from us to you in relation to or in connection with the Service or in accordance with these terms and conditions but excludes material or information which:
    • is at the time of disclosure, or subsequently becomes, material or information in the public domain otherwise than by a breach by you of these terms and conditions; or
    • becomes known by you independently of us, otherwise than by any breach of a confidentiality obligation owed by a third party to the us.
  5. You must:
    • treat Confidential Information as secret and confidential and as our sole property;
    • not use Confidential Information for any purpose other than the use of the Service in accordance with these terms and conditions; and
    • not disclose the Confidential Information except to the extent required by law in which case you will notify the requesting party that the information is confidential information, notify us immediately of your obligation to disclose the information and give us every assistance in defending the confidentiality of the information.
  6. You acknowledge and agree that the Service and any information or data relating to the Service, including information or data provided by users of the Service, is our Confidential Information and, together with our websites, constitute our intellectual property, proprietary information and trade secrets. We retain all right title and interest in and to that material and nothing you do in relation to that material will transfer any proprietary rights to you.
  7. You must not reproduce all or part of our websites or Services in any form without our prior written consent.
  8. You must comply with the terms of the Acceptable Use Policy (as varied by us from time to time) which form part of these terms and conditions.
  9. You warrant that any information you provide through our websites or the Service is true and correct and otherwise complies with the Acceptable Use Policy.
  10. We may cancel your registration, terminate these terms and conditions or otherwise suspend your access to our website or Services or modify or remove our website or Services at any time without notice.
  11. You acknowledge and agree that you use our websites and Services at your own risk and the information contained in them cannot be relied on as a substitute for appropriate professional advice tailored to your circumstances. You acknowledge that information made available through the websites and Services is provided by third parties and to the extent permitted by law, we do not endorse or warrant the accuracy, reliability or completeness of information shown in or linked to from our websites or Services or warrant that those websites and Services will be error free or operate free from viruses or other harmful components.
  12. To the maximum extent permitted by law, we have no liability to you (including in relation to direct, indirect or consequential loss or damage and whether or not we knew of the possibility of such loss or damage), and you must not make any claim against us or our officers, directors, employees, agents or suppliers, whether for breach of contract, negligence or otherwise in connection with this Agreement or your use of our websites or Services.
  13. You agree to indemnify us, our officers, directors, employees, agents and suppliers to the extent of any claims you or any third party makes against us (or them) in connection with these terms and conditions or your use of our websites or Services, including, without limitation, reasonable legal and accounting fees. This clause applies only to the extent legally permitted.
  14. We exclude all representations and warranties not expressly stated in these terms and conditions. The Trade Practices Act and other legislation may give you rights which cannot be legally excluded and these terms and conditions are not intended to exclude those rights. To the extent that we cannot exclude liability to you or claims by you, we limit our liability to the provision of the Service again or payment of the cost of the provision of the Service again, at our option.
  15. If any part of these terms and conditions is held to be unenforceable in whole or in part, the unenforceable part is to be given effect to the maximum extent permitted by law and the remainder will continue in full force and effect. If the other limitations on our liability to you are unenforceable, our total liability to you in connection with these terms and conditions, our websites and the Service is limited to a total of $1.
  16. Subject to any other written terms and conditions which are expressly stated to take precedence over these terms and conditions, these terms and conditions constitute the entire agreement between you and us in relation to our websites and the Services and supersede any other communications between us in any form.
  17. All communications between the parties may be conducted electronically.
  18. These terms and conditions are governed by the laws of New South Wales, Australia, and you submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
  19. The provisions of these terms and conditions which by their nature survive termination of these terms and conditions will survive termination.

ACCEPTABLE USE POLICY

  1. You (the user) must only use the information and services provided through our (Digital Ministry Pty Ltd ABN 67 100 071 403) websites (Service):
    • for their intended purpose; and
    • as directed by us from time to time.
  2. You must not use the Service to:
    • post, upload or otherwise make material available that is illegal or obscene, defamatory, harassing, harmful, abusive, tortious, hateful, invasive of a person's privacy, or racially or otherwise objectionable, discriminatory or offensive;
    • fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, our representatives, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
    • disguise the origin of any material transmitted through the Service (whether by forging message/packet headers, IP addresses or otherwise manipulating normal identification information);
    • create data on the Service that cannot be accessed due to password protection or any other access restriction system without our consent;
    • post, upload or otherwise make material available which unlawfully discloses confidential information or infringes any intellectual or industrial property right of us or any third party (such as material that infringes copyright, trade marks, patents, or trade secrets, or other proprietary rights of any party);
    • post, upload or otherwise make material available containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), surveys, contests or any other form of unauthorised advertising or promotional material;
    • post, upload or otherwise make material available containing viruses, Trojans, corrupt files or any other material which may impair, destroy or interrupt the performance of any hardware or software;
    • obtain unauthorised access to or interfere with the performance of the servers which provide the Service or any servers on any associated networks or otherwise fail to comply with any policies and procedures relating to the use of those servers;
    • collect, whether aggregated or otherwise, data about other users of the Service;
    • violate any applicable laws, whether intentionally or otherwise, or post, upload or otherwise make material available which you are not entitled to make available by law (whether by legislation or under a contractual, or fiduciary obligation or otherwise);
    • harass or stalk another person or harm, threaten to harm or seek to harm another person (including minors) or encourage those or other illegal activities;
    • provide advice on illegal activities (for example, the creation of bombs, the infringement of intellectual property rights and gaining unauthorised access to computer systems);
    • use the Service for file storage/backup purposes; or
    • do anything else which may impact operation or performance of the Service or its use by others.
  3. You must not post, upload or otherwise make information available which relates to financial matters such as investments, securities, stock prices, company performance, or commodity prices without holding all relevant licences (whether required in your jurisdiction or elsewhere). The phrase "make information available" includes allowing other people to post, upload or otherwise make information available through the Service.
  4. You may only access our websites and Services for your personal, non-commercial purposes and must evaluate all information (including in relation to accuracy, completeness or usefulness) and rely on your own enquiries before use of any information made available to you through our websites or the Services.
  5. You acknowledge that while we do not review material uploaded to the Service prior to it being made available through the Service, we or our agent may remove any information available through the Service, including, but not limited to information that we consider (in our sole opinion) violates this Acceptable Use Policy, applicable laws, or is otherwise objectionable. You are responsible for maintaining your own backup of information you upload to the Service.We may amend this Acceptable Use Policy from time to time without notice by posting the amended version on the legal section of our web site at http://www.digitalministry.com.au/usage-policy.html. We suggest that you visit our web site regularly to keep up to date with any changes.

Please direct any questions relating to the Acceptable Use Policy via the contact us form.


 

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