Terms Policies

'Terms Policies' Version: (21 Nov 2017 2:41:52 PM Australia/Perth)
 
'Terms Privacy Policy' Version: (29 May 2014 3:40:23 PM Australia/Perth)
 

 

YOU INDICATE YOUR CONSENT TO THE APPLICATION OF THESE TERMS AND POLICIES AS A LEGALLY BINDING AND ENFORCEABLE CONTRACT

PLEASE STUDY THE TERMS AND POLICIES CAREFULLY


Terms and Policies

Contents

 


TERMS AND POLICIES

These Terms and Policies apply to all Users of the Dacogo Website. Users include visiting members of the public, Registered Members and Content Providers. Content Providers include Wiki Contributors, News Article Contributors, Forum Contributors, Group Editors and Moderators. By using the Website, You indicate your consent to the application of these Terms and Policies to You as a legally binding and enforceable contract, commencing from the time You give your assent and extending indefinitely.

The clauses in the numbered sections form our Terms and Policies.  Headings and explanatory notes are for convenience only and do not affect interpretation.

These Terms and Policies apply to all Users of the Website and form part of every contract made online for the purchase of Goods or Services.

We may update these Terms and Policies from time to time in order to implement any changes to the law or to improve it.

Promotions 

Content Providers are welcome to promote their businesses, firms and services by noting on the Website, in a manner acceptable to Dacogo, that they have contributed or edited a Wiki Article or have provided a News Article. The appearance of such a credit, while permitted by Dacogo, does not constitute an endorsement or approval by Dacogo of the Content Provider or its goods or services.
Otherwise no User is allowed to promote their business, firm or services on this site without Dacogo’s approval. You acknowledge that this limitation is reasonable because the operation of the Website is supported by advertising revenue.
You may describe yourself as a “Member of www.dacogo.com” if You are a Registered Member, or as a “Contributor to the www.dacogo.com Wiki” if You become a Content Provider, but may not otherwise refer to any form of association with Dacogo in your promotional or marketing literature, except with our prior, express consent.

Disclaimers

We do not support or promote any particular opinions or points of view or factional interests on this Website. 
The information provided by the Website does not constitute legal advice or provide a substitute for legal advice.  The information provided by the Website is of a general educational and informative nature only.
Content Providers are hereby requested to refrain from using language recommending any particular course of action to readers, and to confine themselves to informational and factual language.
By accessing and reading the information provided on the Website as a User, You indicate and agree that You are using it for educational and informative purposes only. You are hereby warned against relying upon the information for any other purpose.
Dacogo does not guarantee the accuracy, reliability or suitability of the information for decision-making purposes, and hereby disclaims responsibility for any Loss incurred by any person through reliance upon the information on the Website in a manner that ignores or flouts this warning. Prior to making any significant business decisions or taking any significant actions, You should obtain advice from a qualified expert such as a lawyer or patent attorney. It is your sole responsibility to obtain the advice You need.
No warranties are given by Dacogo about the quality or accuracy of the information on the Website including content of Wiki Articles, News Articles, Forum Contributions, Group or User Material.  
Groups, Sponsors, Moderators and other Users also accept no liability for any loss or damage suffered by reason of any reliance on the accuracy of information on the Website by any person.
References on the Website to Sponsors and external sites are not to be understood as constituting an endorsement by Dacogo. References to external sites are provided merely to assist Users to locate further sources of general information.
Whilst We endeavour to ensure that the Website is safe for use by Users, no guarantee is provided that this Website, linked extenal websites, or any associated software, are free from viruses.
You acknowledge that Material placed on the Website that is contributed by other Users may represent the opinions, views, advice and statements of other persons not under the control or supervision of Dacogo. Dacogo is not responsible for the production of such Material or any reliance on such Material by You or its effects upon You. All Material placed by Dacogo on the Website is subject to the disclaimers stated in these Terms and Policies. Dacogo accepts no liability for any Loss suffered by reason of any reliance on or use of the Material on the Website by any person. If any Material on the Website is offensive to You, please contact Dacogo immediately and We will look into the matter and take appropriate action, as soon as is reasonably possible.

Moderation

We may at our discretion use automated programs to Moderate the content of Material.  We may also ask Moderators to moderate extreme or unduly intense Material.  
Under no circumstances does moderation lessen the force of these Terms and Policies. 
Users are hereby requested to bring to our attention, the display of Material they consider to be non-compliant with these Terms and Policies.
Registered Members are hereby requested to restrict and bring to our attention, the display of Material they consider to be non-compliant with these Terms and Policies. 

Intellectual Property 

If You are a Content Provider, by providing any Material on the Website:

(a) You acknowledge that the Material is subject to Intellectual Property laws including  Australian Copyright and international copyright laws.

(b) You hereby license Dacogo to display that Material on the Website and store that Material, on a royalty-free, worldwide, non-exclusive, transferable and perpetual basis.

(c) You hereby license Users to view the Material on a Web Browser (including making one copy for personal use).

(d) You agree that other Content Providers may access your Material and edit it, if it is in the form of a Wiki Article, or may post comments regarding it, if it is in the form of a News Article or Forum Contribution. You agree that, merely by doing these things within the scope of these Terms and Policies, another Content Provider is not infringing your Intellectual Property rights or affecting your reputation or goodwill.

(e) You warrant that You have full legal authority to place or post all comments and contents of the Material on the Website, and that, by doing so, You are not infringing the Intellectual Property rights of any other person, and are not inducing Dacogo and other Users to do so.

(f) You also warrant that You do not have any other legal obligations to any other person, under a contract, licence or otherwise, that are inconsistent with the use of the Website to post or place or display your Material.

The information posted by Dacogo on the Website is subject to Australian Copyright and must not be copied or communicated in breach of copyright laws. Dacogo is the owner of the copyright in those contents except where another copyright owner is indicated, in which case Dacogo is using the contents under licence. In either case, no person is authorised to copy or communicate that Material except with our prior, express authority.
If you are a third party and are concerned that a Wiki Article or other element of the Website infringes your copyright, please contact us immediately  via supp...@dacogo.com. We will endeavour to attend to the matter within one to two business days.
We request Content Providers to be careful to respect the Intellectual Property rights of other persons. We forbid Users from making unauthorised copies.  We will take prompt action to minimise inconvenience to any owner who claims that their rights have been infringed by the contents of our Website, where it is shown that such an infringement has taken place.
Dacogo and You will comply with all laws of any jurisdiction that apply to You or us, respectively, in any aspect of performing your or our obligations and exercising any rights under these Terms and Policies.

Updates

Users are hereby requested to to bring to our attention Material that requires updating on our Website. Once We have verified that an update is required, We will endeavour to attend to the update.
We reserve the right to correct, update and remove Material provided by Content Providers, without consultation with them, at our discretion.

Privacy Details

We collect Personal Information of Users through processes made available via our Website.
We collect Personal Information including username, email address, physical address, telephone number, payment, website access, website editing and video viewing information. We also have access to other information about You, such as the IP address of the computer that you are using to access our Website.
We collect Personal Information including purchaser payment data. As payments to us are processed via your bank and our bank, or by PayPal, We do not normally see or collect detailed payment data other than what is presented on our bank or PayPal account statements.
It is impracticable for us to deal with individuals who have not identified themselves and wish to register on the Website, purchase goods or provide Material on the Website.  We require identifying personal information for registration on the Website.
You authorise us to collect Personal Information from the Groups of which You are a member.  This is reasonable and necessary for us to confirm your membership to the Group and to use your personal identifying information for this purpose.
Our Wiki Article editing, News Article posting, and Forum Contribution commenting processes are transparent. If You engage in any of these actions, You are hereby put on notice that your assigned identifier (username) and the time and contents of the Material You place on the Website will be stored by us and may at any time be put on public display to all Users of the Website, indefinitely as a historical record.
We assert the right and responsibility to do this because the Website may be provided and operated as a public Wiki, and therefore it is necessary and appropriate to maintain and display accurate, historical content-creation and content-editing information. Further, in the event that the Website is used for any unauthorised, malicious or illegal purpose, this data will assist in the identification, investigation, prosecution and penalisation of the persons who have misused the Website in that manner.
We will not sell or transfer your Personal Information to any third party, except for: (i) providing User details and video access information to Groups; and (ii) purposes relating to hosting the Website.
We will store your data on servers operated by third parties. We use or may use Amazon Web Services, Digital Ocean, Heroku, EditMe, Segment.io, Keen.io, ZEncoder, Encoding.com, and Otixo.  We may also use other service providers. 
The information We collect may be (i) stored by, and (ii) obtained using these providers. This information is stored both in Australia and overseas. Details of these providers and their policies are available online and upon request. While We are not responsible for the security measures and privacy policies of these providers, We endeavour to ensure that We use only data storage providers that maintain high standards of confidentiality. You consent to the disclosure of your Personal Information to these providers.
We will endeavour to limit storage of your email address.  We do not collect age, date of birth, or credit card number information.
If You do not wish your Personal Information to be used for marketing or any other purposes, You must not use this Website. We are unable to make special arrangements for individual persons.
The clauses in this section form part of our main Privacy-Policy required by Australian Privacy Principles. Our main Privacy-Policy forms part of these Terms and Policies.

Limitations on Use

You must not post or attempt to post any Material on the Website which contains any content which is: (a) defamatory; (b) abusive, threatening or offensive; (c) obscene; (d) discriminatory, vilifying or offensive in terms of race, gender, sexual preference, religious views or otherwise; (e) maliciously false or which falsely denigrates any person, product or services; (f) breaches any obligation of confidence owed to any person; (g) misleading or deceptive; (h) involves the use of a trade mark, name or indicia which is not owned by You in a manner not permitted by the owner; (i) amounts to harassment, stalking or similar conduct; (j) would result in a contempt of court, or breach of a suppression or other court order limiting the publication of information relating to court proceedings; (k) involves the sale or promotion of commercial products, surveys, contests or advertising; or (l) is otherwise unlawful or which may give rise to legal action against You.
In using the Website, You must not: (a) attempt to impersonate any person; (b) state or imply that You represent any person, company or other entity when this is not the case; (c) infringe any Intellectual Property rights or adversely affect the reputation or goodwill or another person; (d) attempt to alter or edit any Material or content posted by another person or other content of the Website except as expressly permitted by these Terms and Policies; (e) engage in spamming or other conduct involving the sending of unsolicited emails; (f) solicit for business by placing advertising or other Material or other content on the Website (except where expressly permitted by Dacogo); (g) do anything which affects the functioning of the Website, including the use or uploading of viruses, trojans, malbots, spyware or other means of interfering with other Users or of analysing, interrupting or adversely affecting the functionality of the Website; (h) use any automated system (including those known as a site crawler, spider or robot) to access or analyse any information or content of the Website (except where permitted by Dacogo); (i) engage in hacking or otherwise attempt to access restricted areas of the Website or other computer systems through the Website; (j) attempt to access any person's Personal Information held by Dacogo; (k) attempt to disable, circumvent or otherwise interfere with the security features of the Website; (l) place any link on the Website or other means by which users of the Website could access other websites unless that link is expressly authorised by Dacogo; (m) unfairly denigrate the Website or any activities engaged in by any users of the Website; or (n) place any unauthorised advertisement on the Website.

Registration and Membership

Where You are required to register with Dacogo in order to use any features of the Website, You warrant and represent that:

(a) The information You provide to Dacogo in relation to your registration is true, complete, accurate and up to date.

(b) You are at least 18 years old.

You must not:

(a) Register for Website activities if You are less than 18 years old.

(b) Allow any other person to use your username and your login ID and password information.

(c) Divulge your registration information to any other person.

You must immediately notify Dacogo of any breach of security or unauthorised use of your registration.
You are responsible for all Material placed on the Website using your registration and You indemnify Dacogo for any loss or damage suffered as a result of such Material.
Dacogo may at any time terminate or suspend Member access to the Website at its absolute discretion.

Removal and Monitoring of Material

You acknowledge and agree that Dacogo may at any time and at its absolute discretion remove any Material from the Website created by You or any other User without giving any reason for its removal.
You acknowledge that Dacogo is entitled to monitor all Material placed on the Website, including via the use of automated programs and third party monitoring services, and to disclose information, including Personal Information, to appropriate government and investigative agencies and other entities where legally required to do so or where it is otherwise reasonable or appropriate for such information to be disclosed (subject to Dacogo's legal obligations under privacy and other laws).
You acknowledge that Dacogo may at any time and at its absolute discretion discontinue the Website or any part of it.

Indemnity

You will indemnify Dacogo and keep Dacogo indemnified against any Loss which arises out of circumstances where You are in breach of any part of these Terms and Policies, including (without limitation) where a claim is brought against Dacogo by any other person as a result of any Material placed by You on the Website or any use or misuse of the Website by You.
Without limiting the indemnity set out in the preceding clause, You will indemnify Dacogo and keep Dacogo indemnified against any Loss suffered by Dacogo arising out of any claim alleging that:

(a) Any Material posted by You on the Website infringes the copyright or other Intellectual Property rights of any other person;

(b) Any Material posted by You contains Material or content which is prohibited pursuant to these Terms and Policies or by law.

Exclusion of Warranties

Further to all other disclaimers contained in these Terms and Policies, Dacogo gives no express warranties and makes no representations regarding the Website or the contents or availability of the Website or any of the Materials contained on the Website. Except to the extent that any Australian law or statute prohibits the exclusion of any such condition or warranty, all implied terms, conditions and warranties are excluded.

Dacogo's liability and your sole remedy for breach of any warranty or right implied or conferred by law, is limited, at Dacogo's option, to one or more of the following: (a) supplying the services again; or (b) payment of the cost of having the services supplied again.

Limitations on Liability

Dacogo will be under no liability to You and liability is hereby excluded (whether for breach of contract, negligence or otherwise) in respect of any Loss which may be suffered by You arising from the inclusion or exclusion of your Material on the Website, Material posted on the Website by third parties, your use of the Website, and any actions taken by Dacogo to monitor, restrict or terminate your Use of the Website.
Without limiting the generality of the preceding clause, Dacogo will be under no liability to You and liability is hereby excluded (whether for breach of contract, negligence or otherwise) for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business or profits, Loss resulting from business interruption, loss of business information, Loss resulting from any claim by any third party or any other pecuniary loss) arising out of any of the events described in the preceding clause, even if Dacogo has been advised of the possibility of such Loss.
You acknowledge that the websites of third parties may be accessed through the Website and that Dacogo has no control over such third party websites. Dacogo will be under no liability to You and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any Loss which may be suffered by You in relation to your accessing or use of any website accessed through the Website.
You acknowledge that the Material posted by third parties on the Website are posted there pursuant to these Terms and Policies and that Dacogo is not directly responsible for producing such Material. Dacogo will be under no liability to You and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any Loss suffered by You as a result of any Material posted by third parties on the Website or any criticism, comment or other content of any third party Material which are made in relation to your Material or which are otherwise posted on the Website. Dacogo will, however, respond as soon as is practicable to any complaints made by You about such Material, as provided by these Terms and Policies.
You acknowledge that your Material will be made available for public access or access by Members on the Website, and that there is a risk that other persons may attempt to copy your Material in a manner not authorised by these Terms and Policies.
While Dacogo endeavours to prevent unuthorised copying of such Material, and to take action against persons committing such acts, Dacogo cannot guarantee that your Material will not be copied unlawfully or that any effective remedy will be available. Dacogo will be under no liability to You and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any Loss suffered by You as a result of any unauthorised copying of your Material by any other person.

Definitions

In these Terms and Policies, the following highlighted terms have the meanings shown below:

• APP means the Australian Policy Principles contained in the Privacy Act, as amended.

• Content Provider means a User who contributes content to the Website, including by creating Group content, creating or editing a Wiki Article, posting a News Article, or leaving a Forum Comment. Content Providers include Wiki Contributors, News Article Contributors, Forum Contributors, Group Editors and Moderators.

• Contributor means a User who contributes Material to the website.  This includes both including and removing Material.

• Dacogo means Constantia Intellectual Property Pty Ltd (ACN 611 519 745), an Australian-registered company, trading as Dacogo, an Australian- registered business name. The name “Dacogo” is a trade mark and should not be used by any person without our express permission. If You are a Member, these Terms and Policies provide You with a limited licence to use the Dacogo name for certain purposes.

• Forum refers to a section of the Website containing comments and conversational threads provided by Content Providers.

• Forum Contribution includes a comment posted in the User Forum section of the Website by a Content Provider, either initiating a conversational thread or responding to one or more other comments in such a thread, and also includes comments posted in response to or critique of News Articles or Wiki Articles, where such commenting is enabled.

• Group refers to a defined group of Users, such as the members of a professional association or the employees of a particular employer, who are authorised by Dacogo to use the Website by virtue of a special arrangement with their association, employer or other coordinator or representative.

• Group Editor means a person authorised by a Group to post or edit group related Material.

• Intellectual Property means any property to which attaches any of the rights created or recognised by the laws governing patents, inventions, copyright, designs, circuit layouts, trade secrets, plant breeders’ rights and trademarks, and any rights pertaining to the renewal, extension, and restoration of such rights, and also the business name, domain name, and brand elements (including the logo) of Dacogo, any advertiser on the Website, any Content Provider, and any third party to whose website the Website is linked.

• Loss includes all types of direct (but not indirect or consequential) pecuniary or economic loss or damages, as well as all related costs of investigation, and legal costs.

• Material, when referring to material and information posted on the Website by a Content Provider, includes information of all kinds, including text, photographs, symbols, graphics, numerical information, telephone numbers, e-mail addresses, and hyperlinks, and whether forming part of a News Article, Forum Comment, advertisement, Wiki Article or some other type of presentation, in any format.

• Members refer to Users who are registered on the Website with a login and password.

• Moderators refer to Users who are registered for the purpose of moderating proposed changes to Website Material. Moderators have the responsibility of moderating for extreme or unduly intense Material.

• News Article includes a piece of factual reportage, a new product or services announcement or of other informational or educational announcement, posted on the Website by a Content Provider, but does not include a Wiki Article or Forum Contribution.

• Privacy Act means the Privacy Act 1988 (Cth) as amended, and its regulations.

• Sponsors provide financial support furthering the aims of the Website and Dacogo and may be advertised on the Website.

• User means a user of the website including Members, Content Providers, and casual visitors to the Website.

• We means Recall Media International Pty Ltd (ACN 153 868 396), an Australian-registered company, trading as Dacogo, an Australian- registered business name.

• Website means the Dacogo website at http://www.dacogo.com and any additional or substitute website operated by Dacogo in respect of which these Terms and Policies are made to apply.

• Wiki refers to a publicly accessible document accessible via the world wide web that members of the public are invited to create and edit or update.

• Wiki Article, in relation to the Website’s contents, means a Wiki article that Users can access and edit on the Website.

• You means you, a User.

Privacy Act Definitions

In the Privacy Act, the following definitions apply:

• Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in a material form or not.

• Sensitive information means: (a). information or an opinion about an individual’s: i. racial or ethnic origin; ii. political opinions; iii. membership of a political association; iv. religious beliefs or affiliations; v. philosophical beliefs; vi. membership of a professional or trade association; vii. membership of a trade union; viii. sexual orientation practices; or ix. criminal record; that is also Personal Information; (b) health information about an individual; (c) genetic information about an individual that is not otherwise health information; (d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or (e) biometric templates.

• Organisation means: (a) an individual; (b) a body corporate; (c) a partnership; (d) any other unincorporated association; (e) a trust; that is not a small business operator, a registered political party, an agency, a State or Territory authority or a prescribed instrumentality of a State or Territory.

General

If any part of these Terms and Policies is found to be invalid or unenforceable, it will be deemed to be deleted and the remainder will be given full force and effect and will remain binding on You to the greatest extent possible.
Wherever possible and appropriate, words and phrases used in these Terms and Policies that are not specially defined should be given the meanings given to them in the Copyright Act 1968 (Cth). For example, “communicate” includes to make available online or electronically transmit, etc. as set out in section 10 of the Copyright Act.  Where any term is defined in either its singular or plural form, the other form will have a corresponding meaning.
These Terms and Policies will be governed by and construed in accordance with the laws of Western Australia. You and We consent to the exclusive jurisdiction of the courts of Western Australia in any matter arising as to the interpretation or application of these Terms and Policies.
You acknowledge that the Website is a passive website and that your use of the Website does not give rise to a jurisdiction against Dacogo in relation to any matter outside Australia.
Dacogo may amend these Terms and Policies from time to time, and will endeavour to notify users of revised terms and policies by way of the Website. Any such revisions will apply to any future use by You of the Website and posting of Material on the Website from the date of such notice. You will be requested to consent to the Terms and Policies in their then-current form. 
Dacogo will not be liable and all liability is excluded in relation to any event which is beyond the reasonable control of Dacogo including (without limitation) any Act of God, loss of power or internet connectivity, act of terrorism, criminal act, third party conduct, strike or other industrial action, war or civil unrest, or any extreme weather event.
In addition to all other disclaimers and limitations on liability stated in these Terms and Policies, Dacogo’s liability and that of its employees, servants and agents is hereby excluded to the fullest extent allowable by the law as applicable in the State of Western Australia and the Commonwealth of Australia. This includes liability for all possible errors, misrepresentations and omissions.