WEBSITE TERMS AND CONDITIONS

Please take the time to read these terms and conditions.  By using Our Website and the services, products and information offered on Our Website, you are agreeing to these terms and conditions (“Agreement”).

If you purchase our products and services described on Our Website, there will be additional terms and conditions relating to the purchase.  Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

the Website means the website dtwin.com.au

We / Us etc means DTWIN Pty Ltd (ABN: 87 167 109 695, registered address L13, 664 Collins Street, Docklands, VIC 3008), and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the services and products offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the services or the products or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Trademarks and copyright

DTWIN graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks of DTWIN in Australia. Use of these trademarks is strictly prohibited except with Our express, written consent. Images displayed on this Website are either the property of, or used with permission by, DTWIN. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Links to external websites

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our services or products.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.

To the extent permitted by law, all conditions, warranties and other terms implied by statute, custom or the common law are excluded from this Agreement. If any statute implies terms into this Agreement which cannot be lawfully excluded, then those terms and conditions will apply and, to the extent permitted by law, the liability of DTWIN for the breach of any such term will be limited, at the option of DTWIN or as agreed otherwise in any additional terms and conditions at the time of purchase, to:

  1. In the case of services, the resupply of, or payment of the cost of resupplying, the service; and
  2. In the case of products, any one or more of the following: –
    1. The replacement of the product or the supply of equivalent product; or
    2. The repair of the product; or
    3. The payment of the cost of replacing the product or of acquiring equivalent product; or
    4. The payment of the cost of having the product repaired; or
    5. Refund fully or partially the amount paid for the product.

In no circumstances will we, or any party involved in creating, producing, or delivering this Website be liable to you or to any entity for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with the use of, or the inability to use, the content, materials and functions on this Website or any linked Website, even if we or a DTWIN authorised representative has been expressly advised of the possibility of such damage.

We exclude liability (whether that liability arises under contract, tort (including negligence) or statute) for any incidental, consequential, special, or punitive damage (including, without limitation, any loss of profits, loss of opportunity, loss of revenue, loss of anticipated savings, business interruption, loss of information or programs or other data on your information handling system) resulting from the use of, or the inability to use, the content, materials and functions on this Website or any linked Website, even if we or a DTWIN authorised representative has been expressly advised of the possibility of such damage.

Further, all of our services and products are provided without a warranty with the exception of any warranties provided by law or by our third party provider.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our services or products.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria.  If you access this Website from a location outside of Australia, you are responsible for compliance with all applicable laws in your jurisdiction.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Damage and viruses

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to risk of viruses or other form of interference which may damage your computer system. For the removal of doubt, We do not accept responsibility for any interference or damage to your computer system which arises in connection with your accessing this website or any linked website.

Changes

This Agreement may be revised at any time by us updating this webpage, and any such revisions will be effective as of the date such revision is published on this webpage. Your continued use of the Website after any such revisions will be considered acceptance of those revisions. This Agreement was last revised on 28th February 2019.