Terms and conditions of use
This document sets out the terms & conditions that apply to your use of thedocyard (Product). When we say we, us, our etc., we mean thedocyard Pty Ltd. When we say you, your etc. we mean you, the person (or organisation) registering for and using our Product and (as relevant) all of your employees and agents that use the Product under your control. You promise to us that you have the authority to bind all relevant third parties to this document and that you are also acting as their authorised agent for this purpose and when using our Product. We are going to rely on these promises.
The Product is an online transaction management tool. Subject to payment of relevant charges, we promise to allow you access to the latest stable version of the Product via the internet and to provide all the services you have purchased.
The security of your data
We understand this is vitally important to you, so we want you to know that we host your data with industry leading cloud providers which comply with and hold ISO 27001 accreditation.
Using & abusing thedocyard
thedocyard is an eco-system consisting of our Product, our users and their clients (thedocyard Eco-System). It is central to the thedocyard Eco-System that every participant acts in good faith, is honest, fair, reasonable and respects each participant in thedocyard Eco-System (thedocyard Values). You promise to us (and to each other user) that you will abide by and actively comply with thedocyard Values. While using the Product you will not:
- infringe any laws, third party rights or our policies
- behave in a manner inconsistent with thedocyard Values
- use our Product if you are not able to form legally binding contracts, are under the age of 18, or are suspended from using our Product
- interfere with other users’ accounts, or content
- use dedicated deal space for more than one transaction (or series of directly linked transactions)
- circumvent or manipulate our fee structure, the billing process, or fees owed to us
- post false, inaccurate, misleading, defamatory or offensive content (including personal information)
- take any action that may undermine or circumvent thedocyard EcoSystem
- transfer your account and login information to another party without our consent
- distribute or post spam, unsolicited, or bulk electronic communications
- distribute viruses or any other technologies that may harm the Product, or the interests or property of our users
- copy, modify or distribute rights or content from our Product or our copyrights and trademarks, or
- harvest or otherwise collect information about our users, including email addresses, without their consent. thedocyard and its community of users (Community) work together to keep our sites and services working properly and the Community safe. Please report problems, misuse, deliberate circumvention, offensive content and behaviours, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our services and user accounts, prohibit access to the Product, delay or remove hosted content and take technical and legal steps to keep users off the Product if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (including but not limited to complete the deal – secure, smart, settled thedocyard Values). Additionally, we may, inappropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue our services.
Privacy & confidentiality
Cost and payment
Fees to use thedocyard are as per the commercials terms you agree with us from time to time. Monthly subscriptions are paid monthly in advance and attract a premium payment. Annual contracts are paid annually in advance. Access to thedocyard is always subject to your payment of all relevant fees due to us. Failure to make payment on time is likely to result in us turning off your access to thedocyard until such time as you have remedied your payment failure. We may tell people that you are using the Product including but not limited to in press releases and using your name and trademark on our marketing materials and website and you consent to us doing that. We will not use your name and trademark for any other reason.
Deletion and fair use
Your deal spaces will be deleted after 3 months of inactivity. Fees apply to reactivate and access archived content. You agree at all times to ensure you do not engage in Unfair Use of the Product. Unfair Use means use of the Product in a way which: creates a risk to the integrity of the Product or the network, systems, equipment or facilities used in connection with the Product; effects the quality of any service we provide; and in an excessive manner including but not limited to excessive storage of data which is to be judged by us in our sole discretion.
Product changes & limitations
You acknowledge that from time to time we may change, add or delete functions, features, service levels, performance or other characteristics of the Product and our feature tiers and correct errors or upgrade the Product and that provided that the functionality or availability of the Product does not materially decrease we are not liable to you for any such change we make. You also acknowledge that we do not guarantee that any change, addition, deletion, error correction, patch or new version will be compatible with any other application, software or interface that connects to or interfaces with the Product. We will provide reasonable assistance, but reserve the right to refuse to provide help in our sole discretion should we feel you are being unreasonable in your requests. You acknowledge that the internet and your communications network is not in our control. We do not review materials you place in the Product, but reserve the right to refuse to allow the upload of documents and to remove documents if we deem (in our reasonable opinion) that the document is breaching someone’s rights or the law. We are not liable to you in any way for any loss, cost, damage and the like when we do this. You authorise us to amend your documents complete the deal – secure, smart, settled when you ask us to add watermarks to those documents.
Registration, access and use
We do not make any claims to any intellectual property connected with the data you provide us. We own (or hold relevant authorisations to) all other intellectual property connected with the Product and our supply of it to you. You consent to our use of your intellectual property purely for the purpose of providing the Product to you. We promise not to do anything else with your intellectual property.
Third party providers
Some aspects of the Product are provided by third parties, such as the hosting of the Product, other services and analytics. You consent to us doing that and authorise us as required to enable us to do this to allow the Product to work as intended and provide services to you. We will use cloud computing services and software as a service in connection with the Product. We are not liable to you for anything any third-party supplier to us does, or fails to do, which may impact your use of the Product. You agree not to pursue or make any claim against any of our third-party suppliers in connection with the Product. You consent to our use of third parties in supplying the Product to you and to the use of the information and data those third parties create in the course of providing services to us connected with the Product.
To the extent permitted by law we are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of complete the deal – secure, smart, settled data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realise anticipated savings or any type of commercial or economic loss. All services supplied to you by us may come with guarantees, warranties, conditions or terms that cannot be excluded by law (Implied Rights). In relation to any service you purchase, we limit our liability in connection with Implied Rights to (when the problem is minor) at our option to providing the services again or a refund of amounts you have paid for the affected service, and when there is a major failure, you can cancel the services and get a refund, or get compensation for the difference in value between what you got and what you paid. Nothing in this document excludes, restricts or modifies any condition, guarantee, warranty, right or liability protected by law to the extent that such exclusion, restriction or modification would render this document or any provision of this document void, illegal or unenforceable. Save for in relation to claims you make in connection with Implied Rights, the maximum amount we will be liable to you in connection with any claim (or claims) you make in connection with your use of the Product is an amount equal to 75% of the fees paid by you for the services from which the claim(s) arise. Each deal space is the provision of a separate service. We make no promise or warranty to you that the Product will meet any of your requirements, be error or defect free nor free from bugs, nor that it is impenetrable to malicious third party attacks. Our liability to you for loss or damage of any kind arising out of this document or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. You indemnify us and will hold us harmless against any loss or claim we suffer due to your use of the Product. You have not relied on any representation made or implied by us or arising out of or implied by our conduct save for as expressly set out in this document. To the extent that we have made or implied, or by conduct given rise to or implied, any representation that is not expressly stated in this document, you are not proceeding in reliance on the representation. We make no promise, representation or otherwise in relation to any benefit you may obtain by using the Product and we guarantee in no way any increased sales, savings, transactions, revenue, goodwill or profit or any other benefit that may flow from you using the Product.
If any provision of this document is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this document to another entity. Headings are for reference purposes only and do not form part of this document. Our failure to act on a breach by you or others doesn’t waive our right to act on subsequent or similar breaches. We may amend this document at any time by posting the amended terms on a relevant site of ours or directly to the email address linked to your account (or profile). Except as stated elsewhere, all amended terms will automatically be effective as soon as you continue to use our services. If you do not accept the changes you should close your account (or profile) in accordance with this document. This document contains the entire understanding and agreement between you and us in connection with the Product. All sections which by their nature are intended to survive termination of this document will be deemed to survive. This document is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled in connection with Implied Rights arise independently of these terms and conditions and the jurisdictional selection provision above does not apply to any claim you may have under those Implied Rights.