Last updated: October 26, 2015
Welcome to Dash Business Engine, an online business management service designed especially for small and medium businesses. These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.
These Terms of Use ("Terms", "Terms of Use") apply to your access and use of the dash.itriver.com.au website and its content, functionality, features and computer programs (the "Service") operated by ITRIVER TECHNOLOGY PTY LTD ("us", "we", or "our").
In these Terms, the term "You" includes the person who subscribes to the Service and any person who accesses and uses any of the subscriber's Accounts.
Your subscription to, access to and use of the Service is subject to You agreeing to and complying with these Terms. These Terms apply to everyone who subscribes to, accesses or uses the Service. You warrant that You are at least 18-years-old and You are legally capable of entering into binding contracts. If You are under 18-years-old, you need to obtain consent from Your parent or guardian and they need to agree to be bound by these Terms on Your behalf before You are entitled to access and use the Service.
By subscribing to, accessing or using the Service You (including each of the users associated with Your Account) agree to be bound by these Terms. If You disagree with any part of the Terms or do not comply with the Terms then You are not entitled to access or use the Service, and Your access and use of the Service will be an infringement of our copyright and other intellectual property rights.
You may subscribe to the Service by contacting us on 1300 744 403 or e-mailing info@itriver.com.au to request a sign-up form to be sent to your e-mail address.
The sign up form requires You to confirm that You agree to these Terms.
You agree that any notices that We are required to give You may be given by sending you an email using the email address in the sign-up form, or such other email address that You notify to us.
The sign up form requires You to provide true, complete current and correct information about Yourself (including company details if You are a company), and requires you to update the information if Your circumstances change. You warrant that You have the right to disclose the information to us and for us to use the information, and You consent to us using and disclosing this information to create a list of the persons who will have Accounts (users) on the Service and their respective e-mail addresses, and to create the user's username for the Service.
You may not assign, sell, distribute, lease, rent, lend, sub-license, or transfer the Subscription or the rights granted to You under these Terms (except with our prior written consent).
A Subscription has one or more Accounts (users) associated with the Subscription.
You are responsible for safeguarding the password that You use to access the Service.
You are responsible for any activities, content or actions of any person using Your password, whether Your password is with our Service or a third-party service, or any activities, content or actions of any person accessing or using Your Accounts.
You must notify us immediately upon You becoming aware of any breach of security or unauthorised use of your Account or your Password.
You may not use as a username
(a) word or words that are the name of another person or entity;
(b) word or words that are otherwise not lawfully available for use;
(c) word or words that are subject to any rights of another person or entity other than You, without appropriate authorisation, including the trade mark or business name of another person;
(d) word or words that are misleading or deceptive, or likely to mislead or deceive, or in circumstances where Your use of the word or words is misleading or deceptive or likely to mislead or deceive;
(e) word or words that are otherwise offensive, vulgar or obscene.
You agree to pay all Service Subscription fees we may charge You for the Service.
You agree that the Service Subscription fees are payable in advance, before the expiry of the current subscription period.
You also agree to pay all Consulting Service fees for any services that You specifically request that we provide or arrange to be provided.
If You fail to pay any fees by any expiry or due date, we reserve the right to restrict or suspend Your access to the Service.
You accept that when any of Your Accounts are locked, all users of the Accounts will be unable to view, edit or add any data. Full access will be restored upon receipt of all outstanding fees.
The Service including its content (excluding content provided by users defined herein as "User Content") ("Content") ), features, functionality and computer programs are and will remain the exclusive property of ITRIVER TECHNOLOGY PTY LTD and its licensors, and ITRIVER TECHNOLOGY PTY LTD and its licensors own all intellectual property rights therein. The Service is protected by copyright, trademark, patent law and other laws of Australia and other countries.
We grant You (including users of Your Accounts) a limited, non-exclusive, revocable, non-transferable right to use the Service subject to these Terms.
This licence is for the number of Accounts (users) specified in Your sign-up form.
This licence includes any upgrades to the Service including upgrades to any functionality, features and computer programs in the Service. You acknowledge that after the Service has been upgraded, You have no right to use any previous version of the Service. The licence will continue until
(a) we suspend it;
(b) we terminate it, or by
(c) on the expiry of the current subscription period if you have not paid Service Subscription fee before the expiry of the period.
Our intellectual property (including trademarks), trade dress, get up and other indicia of our reputation, and our goodwill may not be used in connection with any product or service or person without the prior written consent of ITRIVER TECHNOLOGY PTY LTD, and must not be used in connection with a product, service or person that is not affiliated with us or in any way brings us in disrepute.
Nothing in these Terms assigns or grants any rights from us to You except as set out in these Terms.
Title to, and all Intellectual Property Rights in, the User Content remain Your property. However, Your access to the User Content is contingent on full payment of the Service Subscription fees when due. You grant us a licence to use, copy, transmit, store, and back-up Your information and User Content for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
The Service may contain links to third-party web sites or services that are not owned or controlled by ITRIVER TECHNOLOGY PTY LTD.
ITRIVER TECHNOLOGY PTY LTD has no control over, and assumes no responsibility for, the content, privacy policies, intellectual property rights or practices of any third party web sites or services. You further acknowledge and agree that ITRIVER TECHNOLOGY PTY LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with access, use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to third party websites as a convenience, and the inclusion of such a link to such websites do not imply our endorsement of those websites. You acknowledge and agree that when You access or use other websites on the Internet, You do so at your own risk.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You access or use.
We acknowledge that as between You and Us, You will own Your User Content including any business and financial data. However, You grant us an irrevocable licence to use Your User Content in de-identified aggregated form (where it is aggregated in part or full with other subscribers).
You acknowledge that we may permanently delete all Your User Content 90 days after the termination or expiry of this agreement, at a time and date of our choosing.
You acknowledge that we do not represent or warrant that the Service is backed-up or, or that we may recover or load any of Your User Content or any other content from historical backups. If we do this, it is at our discretion and we may charge for this process.
You acknowledge that we do not represent or warrant that our data management practices (including but not limited to marking data for deletion, permanent data deletion, restoration, backup, indexing, retrieval, archiving, importing, exporting or other data copying, moving or protecting services) are appropriate or suitable for You.
You acknowledge that Your User Content may be lost or corrupted, and You acknowledge that You are responsible for all risks associated with the loss or corruption of Your User Content. You acknowledge that our data management policies and practice may change at our sole discretion, at any time, and without notice.
We may suspend or terminate Your Accounts or any of the users of Your Accounts and refuse Your use or the use by of the users of Your Accounts of the Service if:
(a) You provide any information to us that is false, inaccurate or misleading, or if we have reasonable grounds to believe that such information is false, inaccurate or misleading;
(b) we have reasonable grounds to believe that You or any of the users of Your Accounts have breached any terms of the Terms;
(c) we have reasonable grounds to believe that You or any of the users of Your Accounts have been abusive to our people.
(d) You may terminate your Accounts and your access and use of the Service by not paying the Service Subscription fees before the end of the current subscription period.
We may terminate or suspend Your Accounts and your access and use of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
The terms of these Terms relating to intellectual property, warranty, disclaimers, indemnity and limitations of liability survive termination.
We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service and by sending an email at the address in Your sign up form or such other address that You have notified to us.
As a condition of Your access to and use of the Service, You agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to Your access to and use of the Service, any content created or uploaded by You, or Your breach of these Terms, any applicable law or the rights of another person.
This indemnification section survives the expiration or termination of Your Subscription, and applies to claims arising both before and Your Subscription ends.
To the full extent allowed by law and subject to this clause, You agree that we shall not be liable for any damages suffered as a result of using the Service, or communicating, copying, distributing, or downloading content from the Service.
To the full extent allowed by law and subject to this clause, You agree that we will not be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if You have previously advised of the possibility of such damage.
To the full extent allowed by law and subject to this clause, You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your access and usage of the Service and Your User Content, and will not make a claim against for lost data, corruption of data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, to the full extent allowed by law and subject to this clause, our aggregate liability to You will not exceed, in total, the amounts paid by you to us.
Our liability for failure to comply with our statutory guarantees under the Australian Consumer Law is limited to the supply of the services again or the payment of the cost of having the services supplied again.
Your use of the Service is at your sole risk. To the full extent allowed by law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ITRIVER TECHNOLOGY PTY LTD its subsidiaries, affiliates, and its licensors do not warrant that
(a) the Service will function uninterrupted, will be secure or will be available at any particular time or location;
(b) the Service will be error or bug free, or that any errors or defects will be corrected;
(c) the Service is free of viruses or other harmful components; or
(d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, data corruption, data loss, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
To the full extent allowed by law and subject to this clause, We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance You place on such information is therefore strictly at Your own risk. To the full extent allowed by law, We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Our liability for failure to comply with our statutory guarantees under the Australian Consumer Law is limited to the supply of the services again or the payment of the cost of having the services supplied again.
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions, and You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales to resolve any disputes about these Terms, or Your subscription, access and use of the Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between You and us regarding our Service, and supersede and replace any prior agreements that You and us may have had regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide You with at least 30 days notice prior to any new terms taking effect to the email address that You have notified us.
It is Your sole responsibility to periodically check these Terms for any changes. If You do not agree with any of the changes to these Terms, it is your sole responsibility to stop accessing and using the Service. Your continued access and use of the Service will be deemed as Your acceptance of any change to the Terms.