Terms and Conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between Dock It Australia Pty Ltd (“Dock It Australia Pty Ltd”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the www.dockitapp.com.au website and any of its products or services (collectively, “Website” or “Services”).

    1. TERMS & CONDITIONS OF USE
      By using all or any portion of the App, Users are deemed to accept all of these Terms & Conditions of Use, agree that these Terms & Conditions are contractually binding and enforceable by the Owner against users and their successors. Users are only permitted to Use the App in accordance with these Terms & Conditions of Use, and from or in a secure and virus free environment.If you create an account at the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

 

    1. BILLING AND PAYMENTS
      You must pay the Monthly Subscription Fee to the Owner in full and without deduction or set-off. The Monthly Subscription Fee is non-refundable.You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

    1. THIRD PARTY SERVICES
      The App may allow Users to access and operate with third party content, software applications, and data services. Third Party Offerings are not owned or provided by the Owner. The Owner does not control, endorse, or accept responsibility for Third Party Offerings. Your access and use of such other services is governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Dock It Australia Pty Ltd with respect to such other services. Dock It Australia Pty Ltd is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Dock It Australia Pty Ltd to disclose your data as necessary to facilitate the use or enablement of such other service.

 

    1. INTELLECTUAL PROPERTY RIGHTS
      This Agreement does not transfer from Dock It Australia Pty Ltd to you any Dock It Australia Pty Ltd or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Dock It Australia Pty Ltd. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Dock It Australia Pty Ltd or Dock It Australia Pty Ltd licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Dock It Australia Pty Ltd or third-party trademarks. Users agree that any breach of the Owners Intellectual Property Rights or the intellectual property provisions of these Terms & Conditions of Use shall entitle the Owner not only to damages but also to injunct summarily the continued breach of its Intellectual Property Rights and/or these Terms & Conditions of Use. Users must not in any such proceedings argue that the breach complained of is not one, which should properly be the subject of summary injunctive relief.

 

    1. INFORMATION COLLECTION
      Umbrella guarantees 99% safety of intellectual property however we are not responsible for content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

 

    1. LINKS TO OTHER WEBSITES
      Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site pages or other websites is at your own risk.

 

    1. WEB HOSTING
      The Owner discloses, and all Users acknowledge, that; the App will be hosted on and Used through a Hosting Company; may be provided through the use of virtualisation technology; and the hardware and software that the Owner uses to provide Use of the App may be shared with other Users. In this context, Users agree that the Owner may disclose information collected from them to third parties such as the Owner’s suppliers, contractors and third party service providers (or their suppliers). In some instances this may involve the transfer of personal information to a country outside of Australia, and Users consent to this. Users must take all legally necessary steps to allow the Owner and its third party suppliers to collect information from them and to use, disclose, store and transfer such information in accordance with these Terms & Conditions of Use. Users indemnify the Owner against any Claim or Liability which may arise in connection with their failure to do so.

 

    1. ADVERTISEMENTS
      During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

 

    1. DISCLAIMER OF WARRANTY
      You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 

    1. LIMITATION OF LIABILITY
      To the fullest extent permitted by applicable law, in no event will Dock It Australia Pty Ltd, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Dock It Australia Pty Ltd has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Dock It Australia Pty Ltd and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Dock It Australia Pty Ltd for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

 

    1. INDEMNIFICATION
      You agree to indemnify and hold Dock It Australia Pty Ltd and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

 

    1. CHANGES AND AMENDMENTS
      We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. Continued use of the Website after any such changes shall constitute your consent to such changes.

 

    1. ACCEPTANCE OF THESE TERMS
      You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

 

  1. CONTACTING US
    If you have any questions about this Policy, please contact us at: alexm@dockitapp.com.au

This document was last updated on March 13, 2018