Terms and Conditions

1.1 In these Terms and Conditions, ‘us’ ‘we’, ‘our’, 'the Company' or ‘Data Infusion’ means Data Infusion Pty Ltd (ABN 41 654 349 194) and our related bodies corporate.

1.2 The www.datainfusion.com.au website (the "Website") is owned and operated by Data Infusion. These terms and conditions govern your use of the Website.

2.1 Your access to this Website is subject to these terms and conditions, the Data Infusion Privacy Policy, notices, disclaimers any other terms and conditions or other statements contained on this website, and, if you use any of the services identified on this website for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (referred to collectively as "Terms"). By accessing, viewing or otherwise using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

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2.2 The Website is designed to provide information about Data Infusion, its products, and services. By using the Website, you agree to comply with these Terms and any additional terms, conditions, or policies that we may provide from time to time.

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2.3 If you do not agree to these Terms, you should not access or use the Website. Please read these Terms carefully and contact us if you have any questions or concerns.

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2.4 Your continued use of the Website after any modification to these Terms constitutes your acceptance of the modified Terms. If you do not agree to any changes to these Terms, you should immediately stop using the Website.

2.5 We may change, modify, or update these Terms at any time and without prior notice. Any changes to these Terms will be effective immediately upon posting on the Website. You should periodically check the Website for updates to these Terms.

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2.6 If you are using the Website on behalf of a company or organisation, you represent and warrant that you are authorised to accept these Terms on behalf of that company or organisation.

3.1 You agree that you will not use the Website or any of the services provided therein for any purpose that is unlawful, prohibited by these Terms and Conditions or otherwise deemed unacceptable by Data Infusion.

3.2 You agree not to use the Website or services provided therein in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party's use and enjoyment of the Website.

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3.3 You agree not to attempt to gain unauthorised access to any services, accounts, computer systems, or networks connected to the Website or services provided therein, through hacking, password mining, or any other means.

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3.4 You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or services provided therein.

3.5 You agree not to use the Website or services provided therein to upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

3.6 You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your affiliation with any person or entity, or your relationship with Data Infusion.

3.7 You agree to comply with all applicable laws, regulations, and guidelines in connection with your use of the Website and services provided therein.

4.1 All content included on the Website, such as text, graphics, logos, images, and software, is the property of Data Infusion or its content suppliers and is protected by Australian and international copyright laws. Any use of the content, including but not limited to, modification, distribution, reproduction, transmission, republication, or display, is strictly prohibited unless otherwise authorised in writing by Data Infusion.

4.2 The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Website are registered and unregistered trademarks of Data Infusion and others. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website, without the prior written permission of the Trademark owner. Data Infusion aggressively enforces its intellectual property rights to the fullest extent of the law.

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4.3 By posting or submitting content to the Website, you grant Data Infusion a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Data Infusion the right to use the name you submit in connection with such content. You warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify Data Infusion for all claims resulting from content you supply.

4.4 Data Infusion respects the intellectual property rights of others and requires that its users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.

5.1 To the maximum extent permitted by law, Data Infusion and its officers, employees, agents, and contractors will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use or inability to use the Website or any content or services provided through the Website, including but not limited to damages for loss of profits, business interruption, loss of data or information, or other intangible losses.

5.2 Data Infusion' liability to you in relation to any use of the Website or any services or content provided through the Website is limited to the amount paid by you (if any) for accessing the Website or using the services or content provided through the Website.

5.3 You acknowledge and agree that Data Infusion has no liability for any unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website. You are solely responsible for maintaining the confidentiality and security of your account information and for all activities that occur under your account.

6.1 You agree to indemnify and hold Data Infusion and its affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions, your violation of any law, or your violation of the rights of a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Data Infusion website.

7,1 At Data Infusion, we respect your privacy and are committed to protecting your personal information. We have developed a Privacy Policy that explains how we collect, use, disclose, and protect your personal information. Please review our Privacy Policy carefully, as it forms part of these Terms and Conditions.

7.2 By accessing or using our website, you agree to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy. You acknowledge that you have read, understood, and agree to be bound by our Privacy Policy. If you do not agree to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy, you must not access or use our website.

8.1 Data Infusion may terminate or suspend access to its Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if the user breaches these Terms.

8.2 Upon termination, the user's right to use the Website will immediately cease. If the user wishes to terminate their account, they may simply discontinue using the Website.

8.3 All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9.1 These Terms shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. Any dispute arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.

9.2 By using the Website, you agree to submit to the personal jurisdiction of the courts located in New South Wales for the purpose of litigating all such disputes.

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9.3 Notwithstanding the foregoing, Data Infusion may seek injunctive relief in any court of competent jurisdiction for any actual or threatened breach of these Terms, without the need to submit the matter to arbitration.

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9.4 In the event that any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.1 Data Infusion permits links to the Website, provided that you comply with the following conditions:

10.1.1 You may link to, but not replicate, any content on the Website;

10.1.2 You must not create a browser or border environment around any content on the Website;

10.1.3 You must not imply that Data Infusion endorses or is affiliated with any third-party website or its products or services;

10.1.4 You must not misrepresent Your relationship with Data Infusion;

10.1.5 You must not use any logos or trademarks displayed on the Website without the express written permission of Data Infusion;

10.1.6 Your website must not contain content that is distasteful, offensive, or controversial, or that infringes any intellectual property or other proprietary rights of any party.

10.2 Data Infusion reserves the right to revoke its consent to any link to the Website at any time and for any reason. It also reserves the right to review your link, pursuant to which you agree to provide any necessary passwords.

11.1 The Website and its contents are provided “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

11.2 Data Infusion does not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or its server(s) are free of viruses or other harmful components.

11.3 Data Infusion does not warrant or make any representation regarding the use or the results of the use of the Website and its contents in terms of their correctness, accuracy, reliability, or otherwise.

12.1 You may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise use any content, code, or data obtained from or through the Website without the express written permission of Data Infusion.

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12.2 You agree not to transfer, or attempt to transfer, any material, viruses or code to the Website that could cause damage or harm to the site or in any way impede the security of the Website. You may not attempt to alter the Website. In some sections of the Website, you may be able to use functions to leave comments and other contributions.

13.1 Data Infusion reserves the right to modify these terms and conditions, and the logo, at any time, and solely at its discretion. Any such modifications will be effective immediately upon posting on our Website. Your continued use of our Website or services after any such modifications will be deemed to constitute your acceptance of the modified terms and conditions.