TERMS AND CONDITIONS

1. About these Website Terms

(a) These website terms of use (Terms) govern your use of our website located at www.idutch.com.au (Site) and form a binding contractual agreement between the user of the Site (you / your) and idutch Pty Ltd ACN 626 200 271 (including any of our related entities) (we / us / our) (Agreement).

(b) For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at info@idutch.com.au

(c) By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

(d) We may change these Terms at any time without notice to you.

 

2. Your use of the Site

2.1 Licence

(a) We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in these Terms.

(b) You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

(c) You must not add any content to the Site:

(i) unless you hold all necessary rights, licences and consents to do so;

(ii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(iii that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(iv) that would bring us, or the Site, into disrepute; or

(v) that infringes the intellectual property or other rights of any person.

2.2 Content

(a) The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

(b) You acknowledge and agree that:

(i) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and

(ii) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

3. Privacy

This section explains how your personal information will be treated as you access and interact with the Site. 

3.1 Collection and use of information 

By using the Site, you acknowledge that we may collect personal information from you directly or via your use of our services.  We will only collect personal information which is reasonably necessary for, or directly related to, our functions or activities.

3.2 Sensitive information

We will not ask you to disclose sensitive information, but if you elect to provide sensitive information, you acknowledge that it will be captured and stored by us.

 

(‘Sensitive information’ is any information about a person’s racial or ethnic origin, political opinion, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health information.)

3.3Information from third parties

(a) Our Site may contain links to the websites of third party providers of goods and services (Third Party Websites). If you have accessed Third Party websites through the Site, and if those third parties collect information about you, we may also collect or have access to that information as part of our arrangements with those third parties

(b) Where you access a Third Party website from the Site, you acknowledge that cookie information, information about your preferences or other information you have provided about yourself may be shared between us and the third party.

3.4 Advertising and tracking

When you view our advertisements on a Third Party website, the advertising company may use ‘cookies’ and in some cases ‘web beacons’ to collect information such as:

(a) the server your computer is logged onto;

(b) your browser type;

(c) the date and time of your visit; and

(d) the performance of their marketing efforts.

You acknowledge that when you access the Site after viewing one of our advertisements on a Third Party website, the advertising company collects information on how you utilise the Site (eg which pages you view) and whether you complete an online application.

3.5 Cookies

You acknowledge that we use cookies for different purposes such as:

(a) to allocate a unique number to your internet browsers;

(b) to customise the Site for you;

(c) for statistical purposes;

(d) to identify if you have accessed a Third Party website; and

(e) for security purposes.

A ‘cookie’ is a small text file placed on your computer by our web page server.  A cookie can later be retrieved by our webpage servers.  Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your internet browser.  We use ‘cookies’ to provide you with better and more customised service and with a more effective website).

3.6 IP addresses

You acknowledge that it may be necessary for us to collect your IP address for your interaction with various parts of the Site.  (Your IP address is the identifier for your computer when you are using the internet.)

3.7 Online applications 

You acknowledge that when you send a completed online application to us, we retain the information contained in that application.  You can also suspend and save online applications, so you can complete and send the applications at a later time. 

 

If you suspend or save your application, the information that you have entered will be retained in our systems so that you may recover the information when you resume your application.  Online applications that have been suspended or saved may be viewed by us.

3.8 Security of information

(a) We regularly review developments in security and encryption technologies.  Unfortunately, no data transmission over the internet can be guaranteed as totally secure. 

(b) We take all reasonable steps to protect the information in our systems from misuse, interference, loss, and any unauthorised access, modification or disclosure.

(c) If we no longer require your information, and we are legally permitted to, we will take all reasonable steps to destroy or de-identify the information.

(d) We take reasonable steps to preserve the security of cookie and personal information in accordance with this policy.  If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted).

3.9 Disclosure to overseas entities

We do not generally disclose personal information obtained from cookies to overseas entities in the course of our activities.

4. Intellectual Property Rights

(a) Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

(b) By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing. This licence will survive any termination of these Terms.

(c) 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 third party has moral rights, you must also ensure that the third party also consents in the same manner.

(d) You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in this section of the Terms.

5. Warranties

You represent and warrant to us that:

(a) you have the legal capacity to enter these Terms; and

(b) you have abided by the Terms relating to your use of the Site.

6. Liability

(a) To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

(b) To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

(c) These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

(i) in the case of goods:

(A) the replacement of the goods or the supply of equivalent goods;

(B) the repair of the goods;

(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(D) the payment of having the goods repaired, and

(ii) in the case of services:

(A) the supply of the services again; or

(B) the payment of the cost of having the services supplied again.

7. Termination

(a) These Terms terminate automatically if, for any reason, we cease to operate the Site.

(b) We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way and restrict your access to the Site.

8. General

(a) You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

(b) If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

(c) Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

(d) This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.