Terms and condition

This page sets out the Terms of Use for Dedico Pty Ltd and all content at that domain.  The aim of the website is to provide resources to people running small businesses. You should read these Terms of Use carefully.

By continuing to use the website you agree to these Terms of Use, including the warnings and disclaimers, our liability to you and your liability to us. In addition, you represent and warrant to us at all times that you comply and take all precautions s advised in with these Terms of Use and, if you are accessing the website on behalf of a company, that you are duly authorized to accept these Terms of Use on behalf of that company.

You may only use the website within Australia.  As an individual, you must be at least eighteen years of age and an Australian resident.  As a company you must be incorporated and conducting business within Australia.  If not in either case, please cease all use of the website.

If you need to contact us, please email us at webmaster@Dedico.com.au.

License to use the website

We grant you a non-exclusive, worldwide, non-transferable license to use the website for the following limited purposes:

• to review news articles, commentary, information and other content published on the website;
• to use the website’s directory service for the purpose of finding and contacting other businesses to supply products or services to your business;
• to subscribe to our electronic newsletter, directory service(s), print magazine and any other product(s) or service(s) we may offer as part of a membership package;
• if we provide a forum, chat room or other similar facility, to contribute to the discussion of topics published on the website; and
• to contact us.

Messaging services

By “messaging service” we mean any communication facility offered over the website to enable communications between you and the public at large, a group or an individual.  The types of messaging services available may change over time but may include:

• any forums, bulletin boards, news services and chat rooms;
• your ability to create a personal or business profile, such as in a directory, which may be viewed by other website users;
• your ability to post or to comment on others’ articles or on a website blog; and
• the facility to contact us or other website users.

You agree to always use the messaging service(s) in a way that is appropriate and clearly within the intended purposes for which the messaging service(s) are provided.  You should be cautious in providing personal information about yourself to people you do not know.  Where you do provide information (whether personal or not) you must ensure that it is true, accurate and up to date.  In general where you provide any content, you must ensure that you comply with all relevant laws and do not infringe anyone else’s rights (whether directly or indirectly).

Editorial rights.  We retain complete editorial rights over the website and content.  We have the right (but not the obligation) to monitor the messaging service(s) and we may, as we consider appropriate, with or without notice to you:

• alter or remove content or refuse to post content; and
• alter or terminate access to the messaging service(s).

Specific prohibitions.  In addition to all other requirements as to your use of the website (generally) and the messaging service(s), you must not use any messaging service(s):

• to publish content that is sexual, obscene, defamatory, disparaging, offensive, abusive, harassing or threatening, discriminatory or liable to incite racial hatred or which could in any other way reasonably be considered to be inappropriate;
• to advertise, discuss, or provide information or any other content about any products or services that are illegal, related to the adult entertainment industry or are otherwise subject to legal restrictions;
• to advertise, offer to sell or buy any goods or services or provide professional advice for any business purpose (including in competition with the website) except as is clearly permitted by these Terms of Use and within our contemplation in providing that facility (for example, in a directory listing);
• to exploit or embarrass someone or to provide any image or information about someone without their consent;
• to promote, provide information about, cause or contribute to:

(i)                   an activity which is unlawful;

(ii)                 the infringement of the intellectual property, publicity, privacy,  confidentiality or any other legal rights of any person;

• to mislead or deceive including impersonating any person or falsifying or deleting any author attributions, legal or other notices;
• to download any content which you know, or reasonably should know, cannot be legally distributed in such manner; or
• to restrict or inhibit any other user from using and enjoying a messaging service.

Removing content. If you inadvertently publish content in some circumstances you may be able to remove that content by logging into your member account.  If not, please email us and we will endeavor to assist. Not all content published can be readily retracted (or retracted at all) such as if it has passed to a communication system outside of our control.  In addition, any information you provide through a messaging service may be retained by our computer systems.
Content provided by others

Any opinions, advice, comments or other content contributed by our third party suppliers or other website users do not represent our own views, opinions or comments nor our endorsement of any business operated or promoted by that contributor.

We may but will not necessarily (and are not obligated to) monitor, verify, correct or otherwise review the quality of any content published or transmitted by other website users through the messaging service(s).  You should always assume that any content has NOT been monitored or reviewed by us and perform all inquiries as appropriate in the circumstances to verify any content posted by others on the website prior to relying on it.

Although it is prohibited by our website Terms of Use, you acknowledge that you may encounter content provided by others which is sexual, obscene, offensive, illegal (including breaching confidentiality or intellectual property rights being defamatory) or otherwise inappropriate.  If this happens, please contact us immediately.  Where we consider it appropriate, we may take steps to remove the content.

Limitations on our involvement and services

At times the website may advertise different businesses and include a directory.  You agree that in no way:

• do we act as an employer (of website users or members), an employment agency, broker or any type of referral service; and
• are we involved in any aspect of the relationship between you and any other website user – any contact or relationship you establish is purely a matter between you and that user.

We do NOT undertake vetting procedures of any person or business using the website.  In general we act only as a passive conduit and do not monitor content from other website users.

Website functionality

The website functionality is a dynamic part of our business and may change over time.  In general, changes to website functionality will happen without you receiving notice and may include:

• addition or removal of content and/or services;
• addition of new features or variations to existing features (such as look and feel and the user interface); and
• restricting use of any available bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other messaging service(s).

If you are not satisfied with any changes to the website functionality, you may terminate your use of the website and this agreement (see Termination below).

Prohibitions as to your use of the website generally

In addition to all other requirements in these Terms of Use, you must not use the website:

• to bring us or the website into disrepute;
• in any manner which is unlawful or which causes you or us to breach any law, regulation, rule, code or other legal obligation;
• for the purpose of commercial resupply of products or services offered over or available from the website;
• in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website;
• to obtain or attempt to obtain access to any materials or information through any means not intentionally made available or provided for through the website;
• to conduct or forward surveys, contests, pyramid schemes or chain letters;
• to harvest or otherwise collect information about others, including e-mail addresses, or to send any junk mail or unsolicited commercial messages;
• to change or attempt to change the presentation, content or layout of any part of the website;
• to attempt to probe, test or circumvent the security aspects of the website;
• to use any code or device referring to the website or otherwise to our network(s) to direct people to another web page or to use any device or mechanism, such as a browser, spider, robot, avatar or other intelligent agent, to navigate or search the website or any of our network(s) other than generally available third party web browsers (such as Microsoft Explorer); or
• to attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, reverse engineer or otherwise disassemble any portion of the Website (except to the extent permitted by law); or
• to upload files that contain viruses, corrupted files, or any other similar software or programs that may limit or damage the operation of another’s computer.

Website security

You agree to comply with all reasonable security procedures which we may require.  If you suspect or know of any unauthorized use of the website, you must contact us immediately.

Linking

The website may contain links to or from other external websites not operated by us (“linked sites“). The linked sites are not under our control and we are not responsible for the contents of or transmissions from any linked site. Where we provide links, we do so for your convenience only and in no way endorse or recommend the linked site, its products or services. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that website or any other negative impact it may have upon your computer.

Please contact us to request permission if you would like to link to, frame or mirror any part of the website or to include a link in content you provide through a messaging service. You should not proceed without our express permission.  However, since we cannot control external websites linking to our website, and links should not be considered as our endorsement of any external website or business.   

Advertising and directory listings

Advertising or directory listing(s) do not represent our endorsement of or warranties in relation to whatever is being listed or otherwise advertised. All advertising on the website (other than directory listing(s)) is subject to our Advertising Contracts.

Intellectual property rights etc

The website and our communications with you may contain material that is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations.  You must ensure you do not breach those rights and obligations and comply with any limitations on use, reproduction and/or dissemination.  This applies to content we provide and content provided by others.  You may not:

• re-use any content or website service in providing your own publications, website, other type of distribution service(s) or for the purpose of commercial re-supply; or
• reproduce content without our express permission or the permission of the copyright owner (except that you may print a copy of any page within the website for your own personal use).

Provision of the website, including any related content and services, may include the sublicensing of third party content, software, information systems and/or other material.

Intellectual property in content you provide. We do not claim ownership in any content you provide via the messaging service(s) (“content you provide”). You grant us, our affiliates and sublicensees, a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable license to use the content you provide in any way and permit us to authorize any person to do the same thing, including reproducing, changing and communicating the content to the public or using it in connection with the operation of our business. You acknowledge that your name may be published in connection with content you provide. You represent and warrant to us that you have all necessary rights to grant the licenses and rights set out in this paragraph. You consent to any act or omission which would otherwise constitute an infringement of your moral rights and, if you add any content in which any other person has moral rights, you must also ensure that person also consents in the same manner.  The licenses and permissions granted in this paragraph continue after termination of these Terms of Use.

No transfer of rights to you. Except for the limited license expressly granted, nothing in these Terms of Use constitutes a transfer of any intellectual property rights to you. As between you and us and except in respect of any content you provide, we own all intellectual property rights in connection with the website.

Information about you

You agree to ensure you keep your contact (and other) details with us up to date, accurate and working.  If you need to update any details you may do so through your member login or by contacting us.  Upon our request, you agree to provide us with identification and other information as we may reasonably require to verify your identity, your compliance with the Terms of Use or as may be required by any law or government agency.   We may also collect and disclose information about you in the instances set out in the Privacy Policy.

Consumer guarantees         

Where goods and services we supply to you are covered by the Australian Consumer Law (“ACL”):

• we guarantee that:
• goods will be of an acceptable quality (as that term is defined by relevant law); and
• services will be provided with care and skill;

taking into consideration the price you have paid for such goods/services and any deficiencies of which we have advised you in these Terms of Use (or otherwise); and

• where goods or services fail to meet the guarantees mandated by the ACL you are entitled to:
• for any major failure, a refund and compensation for you losses or damages which were reasonable foreseeable;
• for a non-major failure and at our option, to have the goods (if relevant) repaired or replaced and/or to have the services (if relevant) re-supplied by us or to be reimbursed the cost of their re-supply.

The provisions below in warnings and disclaimers and our liability to you are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability.

WARNINGS AND DISCLAIMERS

In addition to other statements made in these Terms of Use as to warnings and possible problems you may encounter using the website, the messaging service(s) and any content, we draw your attention to the following:

1. General disclaimer:the website, website functionality, messaging service(s) and all content are provided “as is”, may contain inaccuracies and/or errors, may be unsuitable for your requirements and purposes and may not provide the results you desire;
2. Technical aspects of the website may be unreliable:we make no representation about the suitability, reliability, security, availability, timeliness or accuracy of any website functionality, messaging service(s), information, software, products, services and related graphics contained on the website;
3. Suspension of service: For business, technical and other reasons, the website (and its various components) will not operate on a continuous basis and may be unavailable from time to time, such as for maintenance purposes.  Operation of the website and your access to certain website functionality may also be temporarily or permanently suspended for various reasons and at our discretion.  Suspensions may apply to you individually or to all (or any group of) website users;
4. Disclaimers about content, directory listings and advertisements: We hope to provide and encourage others to provide news articles, general information, commentary, directory listings, advertisements and other content that is up to date, accurate and relevant.  However, at the time you view certain content, it may be out of date, not true for the location(s) relevant to you, contain inaccuracies or errors or be otherwise untrue.  We make no representations or statements as to the reliability, accuracy or suitability of any content, directory listings or advertisement for your specific purposes. You need to make your own independent inquiries and verifications as are appropriate and assume full responsibility for any reliance you place on any directory listings, advertisements or other content;
5. No professional advice:any content published is by way of general information only and neither the website nor any content should be considered professional advice to you.  Professional advice needs to consider all relevant details of your particular personal or business circumstances. For professional advice you should consult a qualified professional to consider your specific circumstances;
6. Information you disclose: Always use caution when giving out any information about yourself or your business, especially with respect to information which can be used to personally identify you.  Disclosure of any personal information on the website, on a messaging service or in a directory listing is at your own risk.  The website and messaging services (including email) cannot be relied upon as being secure from unauthorized use or attack – in deciding what to send, post, publish or otherwise transmit using a messaging service, you should assume that the messaging service(s) are not secure and exercise extreme caution; and
7. Dangers of internet based introductions: There are risks inherent in dealing with persons whom you have come across or been introduced to over the internet including the risks of physical harm, fraudulent activity, dealing with foreign nationals without proper work permits, dealing with underage persons and dealing with people acting under false pretenses.  Prior to providing your details to or meeting with any other website user (including forum participants, directory listings and advertisers) you must make your own independent inquiries to satisfy yourself as to the suitability, accuracy and reliability of any information published in relation to that person or business.  You accept full responsibility for all risks involved and acknowledge that it is entirely your responsibility to undertake all necessary and prudent vetting and screening, such as background checks, references and, where appropriate, police checks, of persons and businesses.  You must also ensure you have all appropriate legal, insurance and other protections in place as are prudent in your given circumstances.

OUR LIABILITY TO YOU

To the maximum extent permitted by law:

 You assume all risk: your use of the website, any messaging service(s) and any content is on the basis that you assume responsibility for all associated risks, whether or not foreseen, and that we are in no way liable or responsible except as set out in this section;

  Exclusion of warranties etc: we exclude all representations and warranties in respect of the website, website functionality, messaging service(s), content, any goods or services we provide and the subject matter of this agreement, other than those expressly set out in these Terms of Use and those which by law cannot be excluded; 

 Limitation of liability:  

In summary: we limit our liability to you (or anyone else) to the lesser of the amount we have charged you (or $10) or the cost of us remedying any defect.

In legal terms:  our total liability (including the total liability of our officers, directors, employees, agents, representatives and third party suppliers) to you or any other third party, in aggregate, regardless of the nature of the claim (whether contract, tort, intellectual property based or otherwise) and whether arising by way of losses, damages or otherwise is limited to the lesser of:

(i)   the fees we have charged you (or if we have not charge you any fees, $10); and

(ii) the cost of us remedying any defect;

and all liability in respect of any special, indirect or consequential loss or damage is excluded (except for any consequential loss which cannot be excluded by law, such as that arising under the ACL).

Liability limited by this section includes liability in any way related to:

• the website, including any website functionality and any messaging service(s);
• the security of the website, website functionality and any messaging service(s);
• links by external websites to or from the website and the linked sites;
• advertising on the website;
• content and/or your reliance on any content;
• the conduct of other website users;
• support we may provide to you; and
• loss of data, breach of our Privacy Policy and/or interruption of business.

You also agree to waive any claim which you may otherwise have against any of our third party suppliers.

To the extent that any provision purporting to limit our liability is held to be unenforceable, then our liability shall be limited to the maximum extent permitted by law.

YOUR LIABILITY TO US

You agree to indemnify us, our officers, directors, employees, agents, licensors, content and other service providers, from and against all losses, damages, costs (including legal costs on a full indemnity basis) and expenses of any nature whatsoever, including those arising from any action, claim, demand, notice or proceeding by any person against those indemnified where such loss or liability arose out of, in connection with or in relation to:

1. your misuse of the website, website functionality, messaging service(s) and any content;
2. your breach of these Terms of Use;
3. your breach of any law or regulation or the legal rights of any person; and
4. to the extent enforceable by law, any third party claim related to your use of the website and/or content;

except (in all cases) to the extent they arises due to our negligence or breach by us of these Terms of Use.

To the extent any part of this provision is unenforceable, that part will be treated as being deleted and the remainder of this provision will continue to operate to the maximum extent permitted by law.

Changes to the Terms of Use

At times we may change the Terms of Use by publishing an updated version on the website which will supersede all previous versions.  Changes may be made to protect our interests and to reflect changes in the website and any products or services we offer.  At all times you are free to terminate your use of the website and this agreement with us without any further charge or penalty.

Termination

These Terms of Use may be terminated at any time and for any reason by:

• you, by ceasing all further access to or use of the website and, if you have become a member, by advising us by email; or
• us, by ceasing to operate the website, terminating your membership or advising you by email.

Termination may be of immediate effect and without any prior notice.  Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination.  Any content you have previously provided may or may not (in our discretion) be removed following termination of this agreement.

Miscellaneous

You agree that notices and all other communications are effectively given to you if they are sent to your last advised email address.  Please ensure you keep us up to date with your current working email address.   You should also add us to your email contacts book and check to ensure our emails do not get filtered out to your “junk” email folder without your awareness or get blocked by your firewall.

You may contact us if you are experiencing any problems with any other user(s) of the website.  Where we consider it appropriate we will endeavor to assist, however, you agree that we will never be involved in any dispute between you and any other website user.

Each of the representations and warranties in the Terms of Use is repeated on each day of this agreement.

Any failure to assert any right under the Terms of Use does not constitute a waiver of such right. No waiver of any term of the Terms of Use will be deemed a further or continuing waiver of that term.

The Terms of Use and any disclaimer we may attach to a specific publication or communication form the entire agreement between you and us with respect to the subjects set out in these Terms of Use. The Terms of Use prevail to the extent of any inconsistency with any other disclaimer.

If any provision of these Terms of Use is invalid or unenforceable, the relevant provision shall be deemed to be removed and replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in full force and effect.

You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use.

These Terms of Use are governed by and construed in accordance with the laws of Victoria and each party submits to the exclusive jurisdiction of the courts of Victoria.

Definitions

In addition to the definitions already set out:

• “content” means any information, opinions, commentary, graphics and any other materials viewable on the website or otherwise transmitted using the website or any messaging service ;
• “including” and “may include” mean “including but not limited to” and “may include (without limitation)” respectively;
• “member” means any person or business who we have accepted as a member of the website;
• “membership credentials” means the username, password or any other information which is used to access a membership account;
• “the website” means Dedico Pty Ltd and all content residing in that domain, including the website functionality, any messaging service(s), the layout, design and underlying code and systems;
• “we”, “us” and “our” refers to Dedico Pty Ltd
• “website functionality” means the nature, composition, features, availability, functions and all other aspects of the operation of the website; and
• “you” and “your” refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of a company, that employer and/or company (as appropriate).