DadBods means DadBods Pty. Ltd.
the User means You!
Interface means the website and system accessible at www.dadbods.net.au
Capitalised terms are defined in the section entitled “Definitions” at the end of this document.
Introduction to Terms
This document sets out the Terms of usage of the Interface.
The Interface is owned and operated by DadBods. The Interface is a website for Users to access information about DadBods and purchase DadBods products.
User agrees to the Terms
Conditions of Entry
DadBods grants the User the right to use the Interface, in accordance with these Terms, if the User:
complies with the Terms,
is not breaking any law by using the Interface(by reference to laws in the User’s jurisdiction and DadBods’);
uses the Interface for lawful purposes only (by reference to laws in the User’s jurisdiction and DadBods’);
uses the Interface only in the way in which it was designed; and
does not engage in any improper, indecent, bullying, harassing or offensive conduct while using the Interface (as determined by DadBods at its sole and absolute discretion).
Interface advice and recommendations
The advice and recommendations provided through the Interface are for educational purposes only. DadBods claims no responsibility for any personal injury, adverse condition, death or trauma arising directly or indirectly from following the advice and recommendations provided in the Content.
DadBods’ relationship to transactions between users
DadBods has no relationship at contract with transactions that occur between users through use of the Interface.
DadBods does not make any warranties in relation to any services rendered or information provided by other users, or transactions entered into between users, of the Interface.
Content on the Interface
All Content is for informational purposes only, and is to be used or relied on at the User’s own risk.
The User agrees and acknowledges that there may be technical or administrative errors in the Content. DadBods makes no warranty or representations as to the accuracy of the Content.
DadBods reserves the right to correct any errors in the Content and in the Interface without any notice to the User.
User Generated Content
In respect of User Generated Content, the User warrants that it is not:
uploaded in breach of the Intellectual Property Rights of any third party;
uploaded in breach of any law under the Privacy Act 1988 (Cth);
affected by any computer virus or malicious code;
connected with "spam" or the process of "spamming";
false, defamatory, misleading or otherwise deceptive in any way;
financial, legal, medical or other professional advice;
material that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age, sexual orientation; or
in breach of any other clause of the Terms.
The User agrees that any comments or opinions that the User expresses in User Generated Content will be fair, accurate and genuinely held at the time of communication.
DadBods is not responsible for User Generated Content
DadBods makes no warranties as to the accuracy of any User Generated Content, and will accept no liability for errors or omissions in general.
DadBods powers in relation to User Generated Content
DadBods reserves the right, at its absolute discretion, to remove, amend, edit or in any other way change any User Generated Content, or to request the User to do so.
The User agrees to comply with any instruction by DadBods to remove, amend, edit or in any other way change any User Generated Content.
By posting or uploading User Generated Content, the User grants DadBods a world-wide, non-exclusive, perpetual, assignable, sub-licenceable, royalty fee, unlimited and irrevocable right to use the User Generated Content, other than personal or medical information, for any purpose.
Privacy and Data Retention
DadBods may collect and store Data.
DadBods makes no warranties or guarantees, implied or express, in respect of the retention of or continued accessibility of any Data.
DadBods may store the Data "offsite". The Data storage location will not affect the laws that govern any agreement arising under the Terms.
At the request of the User, DadBods will take reasonable steps to delete Data about the User stored by DadBods.
The businesses that DadBods contracts with to host and operate the Interface are committed to protecting the confidentiality of Data, however, DadBods reserves the right to permit those businesses to access, view and review any User Data in order to maintain the Interface and comply with any relevant laws, including in the following circumstances:
- how DadBods collects and stores Personal Information; and
- under what conditions DadBods shares such information.
- if a government agency or regulatory body lawfully and specifically requests them to do so;
- when performing routine backup and restore operations, virus scan and virus removal, spam and content filtering; or
- when such access, view or review is urgent and necessary to protect personal safety, perform troubleshooting, restore systems operation in the event of a server failure, remove illegal or offending (eg pornographic, violating policies, etc) Content or prevent a server failure, service outage or other damage.
Third Party Websites and Advertising
The Interface may contain hyperlinks, images, banners, information and advertising from Third Parties. The User consents to receiving this information as part of the User’s use of the Interface. DadBods is not responsible for any information transmitted by Third Parties nor is DadBods responsible for the accuracy of any advertisements.
The inclusion of any Third Party link does not imply any endorsement or recommendation of a linked website by DadBods or its affiliates, directors or employees. Those websites are not under the control of DadBods, and DadBods is not responsible for the contents of any linked website. This Interface provides those Third Party links to the User for the User’s convenience only.
The User’s link to any Third Party website, or decision to accept any Third Party offer, is entirely at the User’s own risk.
DadBods ownership of Intellectual Property Rights
All title, ownership rights and Intellectual Property Rights, including copyright, in relation to the Interface is owned or used under licence by DadBods. The Interface includes registered and unregistered trade marks, including but not limited to all the marks that are displayed at www.business.com/trademarks.
The User’s IP rights and obligations
Without the express written permission of DadBods, the User shall not:
- replicate all or part of the Interface in any way, including for private and domestic use;
- incorporate all or part of the Interface in any other webpage, site, application or other digital or non-digital format; or
- copy, alter, use or otherwise deal in DadBods’s trade marks without the prior written consent of DadBods.
Complaints about the Interface
In the event of a dispute with another user, the User agrees to work in good faith to resolve the dispute. DadBods accepts no liability for disputes between users, and the User agrees and acknowledges that any such dispute is to be resolved by users amongst themselves directly, without the involvement of DadBods in any way whatsoever.
If the User has a complaint in connection with the Interface for which the User considers that DadBods is liable, the User must report it in writing to DadBods within 10 days of the circumstances giving rise to the complaint first occurring. DadBods may or may not, at its sole discretion, investigate the User’s complaint, depending on the nature of the complaint.
If the User is not satisfied with DadBods’s action in relation to a complaint, the User must formally notify DadBods of the User’s complaint with a written notice which includes, or is accompanied by, full and detailed particulars of the complaint.
Within 10 days after such a notice is given, a representative of DadBods will respond to the Complaint Notice in writing.
In accordance with this section, and to the fullest extent available under the law, the User agrees not to bring any court or tribunal proceedings against DadBods in respect of any complaint unless the User complies with the requirements of this clause (but subject always to any rights the User may have under the Competition and Consumer Act 2010 (Cth) or any equivalent legislation).
Limitations, exclusions and indemnities subject to the law
All limitations, exclusions and indemnities in the Terms are subject to Non Excludable Conditions to the extent of any inconsistency, and apply to the fullest extent permissible by the law.
The User acknowledges and agrees that the User uses the Interface at the User’s own risk. DadBods is not responsible for the conduct or activities of any other user using the Interface..
Exclusion of express warranties
Subject to the Non Excludable Conditions, DadBods makes no warranties or guarantees, implied or express:
that the Interface will be suitable for all users;
in relation to recommendations or connections between users;
that the Interface is without errors; and
in respect of the retention of, or continued accessibility of, any Data.
Exclusion of implied conditions
To the fullest extent available under the law, DadBods excludes all implied guarantees, conditions and warranties from the Terms and the Interface, except any Non Excludable Condition.
Limitation of liability
DadBods excludes all other liability to the User for any Costs, including Consequential Loss, suffered or incurred directly or indirectly by the User in connection with the Terms or the Interface, including in connection with:
the Interface being unsuitable for the User for any reason;
any unauthorised activity by any third party in relation to the Interface;
any personal injury, adverse condition or death arising directly or indirectly from the provision of the Interface by DadBods;
The User’s use of or reliance on the Interface for a purpose other than the intended purposes of the Interface or the reasonably expected purpose of the Interface;
the use of or reliance on the Interface by persons other than the User or authorised users of the Interface;
The User or any authorised user’s infringement of any third party Intellectual Property Rights by using the Interface;
any breach of the Terms by User including breach of the User’s undertakings;
any loss or damage to property arising directly or indirectly from using the Interface;
DadBods’s breach of the Terms;
any act or omission of DadBods;
any relationships between users;
any reliance the User places upon the information or statements conveyed by other users or Third Parties; or
any loss in relation to the User’s dealings with Third Parties.
The foregoing limitation applies however the Costs are caused whether they arise in contract, tort (including by DadBods’ negligence), or under statute.
Operation of compulsory conditions
Where a Non Excludable Condition is deemed to apply, to the fullest extent possible under the law, DadBods limits its liability for any breach to:
in the case of goods:
in the case of services:
- the re-supply of the goods or payment of the cost of the re-supply of the goods; or
- the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
- the re-supply of the services affected by the breach; or
- the payment of the cost of such re-supply of the services.
The User indemnifies the Indemnified against all Costs suffered or incurred by the Indemnified, however caused, arising wholly or partially, directly or indirectly, in connection with the Terms or the User’s use of the Interface.
Without limiting the generality of the section entitled "General indemnity" in the Terms, the User indemnifies the Indemnified against any Costs arising directly or indirectly from:
The User’s breach of the Terms;
The User or any authorised user's infringement of any third party Intellectual Property Rights while using the Interface;
any harm to or claim by a third party arising directly or indirectly from the User’s use of the Interface;
The User’s breach of any warranty in relation to User Generated Content;
any negligent or unlawful act or omission by the User in connection with the Interface;
a contract in force between the User and a third party connected with the Interface;
DadBods’ enforcement of its rights in connection with the Terms, including legal costs on a full indemnity basis;
providing access to Data, or a subset of the Data, to a person who has requested such access in accordance with Privacy Law;
DadBods being obligated to correct Data upon request by a person in accordance with Privacy Law;
any complaints process initiated by a person under Privacy Law; or
any other cost incurred by DadBods as a result of a person pursuing rights conferred upon them by Privacy Law.
Conditions of indemnity
The Indemnified may make a claim under indemnities in the Terms in relation to a Cost before having incurred the Cost, or before making a payment in relation to the Cost.
The indemnities in the Terms shall be in addition to any damages for breach of contract to which DadBods may be entitled. Nothing in the indemnities in the Terms will be construed so as to prevent DadBods from claiming damages in relation to the User’s breach of any term of the Terms.
Communications must be in writing.
Either party may serve any Communication on the other party by sending it to that party’s email address. A Communication by email will be taken to have been received by the addressee 24 hours after the email was sent, unless the party sending the email knows or reasonably ought to suspect that the email was not delivered to the addressee's domain specified in the email address.
DadBods may amend the Terms at its sole discretion by providing the User with a period of notice that DadBods determines to be reasonable. If the User chooses to unsubscribe from DadBods’s mailing list, DadBods will not have the ability to notify the User of changes to the Terms, and it will be the User’s responsibility to regularly check the Terms at http://www.dadbods.net.au/terms. By continuing to use the Interface after an amendment to the Terms, the User agrees to be bound by the Terms as amended.
The Terms represent the entire agreement between DadBods and the User in relation to the Interface. Neither party has entered into the Terms in reliance on or as a result of any representation, promise, statement, conduct or inducement by the other unless it is set out in the Terms.
Relationship of parties
The relationship between DadBods and the User under any Terms does not form a joint venture or partnership.
No right of DadBods will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
Assignment and novation
The User cannot assign, novate or otherwise transfer any of its rights or obligations under the Terms without the prior written consent of DadBods.
DadBods may assign, novate or otherwise transfer any of its rights or obligations under any Terms to a third party without notice to, or the prior consent of, the User, but if DadBods requires, the User will sign any documents to give effect to an assignment, novation or transfer by DadBods under this clause.
Any clause of the Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Terms.
The laws of the state of Queensland govern the Terms and each party submits to the non-exclusive jurisdiction of the courts in that jurisdiction.
In this document, headings are for convenience only and do not affect the interpretation. Unless the context indicates a contrary intention:
a reference to any party includes that party's executors, administrators, successors and permitted assigns, including any person taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
an obligation or liability assumed by, or a right conferred on 2 or more parties binds or benefits all of them jointly and each of them severally;
a reference to a statute or to any statutory provision includes any statutory modification or re-enactment of it or any statutory provision substituted for it, and all ordinances, by-laws, regulations, rules and statutory instruments (however described) issued under it;
a reference to any document (including this document) is to that document as varied, novated, ratified or replaced from time to time;
words importing the singular include the plural (and vice versa), and words indicating a gender include every other gender;
a reference to "$" or "dollar" is to Australian currency; and
the word "includes" in any form is not a word of limitation.
means a registration into the Membership.
means any written communication including each notice, consent, approval, request and demand under or in connection with the Terms.
means the notice provided by the User to DadBods as described in the clause entitled "Complaints about the Interface".
means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
means all information, graphics, HTML, text, software and materials on the Interface.
means any costs, expenses, losses, damages, claims, demands, proceedings, and other liability.
means information that the User uploads in relation to the Membership including account registration information, Personal Information and User Generated Content.
means DadBods and its directors, employees, contractors and agents.
Intellectual Property Right, Intellectual Property Rights
means all present and future rights conferred by statute, common law or equity in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
means the website available at or through http://dadbods.net.au. A reference to use of the Interface also refers to use of the Content.
Non Excludable Condition, Non Excludable Conditions
means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
has the meaning given to that term in the Privacy Act 1988 (Cth).
means the terms and conditions set out in this document.
Third Party, Third Parties
means third party businesses, people and websites.
means the end user of (participant in) the Membership (the User) entering into the Terms. Where the word "user" is not capitalised it refers to users of the Membership in general, rather than to the end user entering into this agreement.
User Generated Content
means any Content that the User creates in relation to the Membership.
means you, the User, or the entity that you are signing for, known in this document as the User.