Terms of use

Terms
1	These terms and conditions (Terms of Use) apply to anyone accessing or using our website at www.decimal.com.au, including any associated content, information, data or other materials (Website).
2	In these Terms of Use, when we refer to we or our or us, we are referring to Decimal Pty Ltd (ACN 135 979 743), whose location is 174 Hampden Rd, Nedlands, WA 6009, Australia. When we refer to you or yours we are referring to you, the user or browser of our Website.
3	If you access or use our Website, you agree to comply with and be bound by these Terms of Use, our Privacy Policy (which can be found at www.decimal.com.au/privacy) and any other terms and conditions, notices or disclaimers displayed on our Website from time to time.
4	If you do not agree, you should not access or use our Website or any part of it.
5	In addition to these Terms of Use, your use of certain services or parts of our Website may be subject to specific, additional terms. As you are also bound by those additional terms, you should review them regularly. Those specific terms take priority over these Terms of Use to the extent of any inconsistency.
6	The contents of the pages of our Website are for your general information and use only. Those contents are subject to change without notice. We may revise these Terms of Use from time to time, and we will display a notice on our Website indicating when any such revisions have been made. If you continue to use or browse our Website after we make a change to the content of our Website, or revise these Terms of Use, you will be deemed to have accepted the changes, including any updated version of these Terms of Use, and be deemed to be bound by them. These Terms of Use were last updated on 31 Oct 2014.
Linking to our Website
7	We encourage you to provide links to our Website. While you may use the name "Decimal" in the text of any such link, you may not use the Decimal logo or any of our other trade marks without our prior written consent. You must not frame our Website, or represent or imply that any part of our Website belongs to anyone other than us. If we notify you that we object to the manner in which you provide links to our Website, you must immediately cease providing such links.
General restrictions
8	In using our Website, including the Community Forum, you must not: 
1.	provide us with inaccurate or incomplete information;
2.	violate any applicable laws;
3.	provide any material through the Community Forum (your Content) that:
(i)	is defamatory, false, fraudulent, discriminatory, confidential, offensive, abusive, pornographic, profane or otherwise unlawful;
(ii)	infringes any third party intellectual property rights; or
(iii)	gives rise to any civil or criminal liability for you or us;
4.	impersonate any person;
5.	use any functionality of our Website to send unwanted emails or spam; 
6.	distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; 
7.	collect or store personal data about other users of our Website;
8.	modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of our Website; or
9.	engage in any conduct that inhibits any other person from using or enjoying our Website.
Accuracy of our Website
9	Although we use reasonable care and skill in providing our Website, we cannot guarantee that our Website will be continuously available or virus or fault free.
10	You acknowledge and agree that internet communications are not always secure and communications to and from our Website may be intercepted or altered in transit. 
11	Neither we nor any third parties make any representation or give any warranty, representation or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors. We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
12	Some of the materials on our Website may be provided by third parties, including third party users of the Community Forum. Where this is the case, the materials provided and views expressed are those of the third parties and are not ours, and we cannot guarantee that this information is accurate, up-to-date or complete.  You should independently verify such information before relying on it.
Registration and the Community Forum
13	Certain features on our Website may only be available if you register, such as the Community Forum. You must keep any user name and password that are allocated to you confidential, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send a reminder email containing your password to your registered email address. You may cancel your registration, by notifying us at community@decimal.com.au and providing your user name.
14	When using the Community Forum, you may be required to provide personal information such as your name, date of birth and email address. We will deal with your personal information in accordance with our Privacy Policy which can be found at www.decimal.com.au/privacy.
15	By using the Community Forum, you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent.
16	By posting your Content to the Community Forum, you grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sub-licence) to use, copy, modify and otherwise exploit your Content in any form in connection with the operation of our Website, and you warrant that you have the right to grant such licence.
17	If you believe our Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us on 1300220799, and provide particulars of such content and a detailed description of why it is objectionable or infringing.
Warranties and liability
18	All express or implied warranties, representations, statements, terms and conditions relating to these Terms of Use and our Website that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law. 
19	Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
20	If any guarantee, term, condition or warranty is implied into these Terms of Use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
1.	in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
2.	in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. 
21	Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms of Use or our Website, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to AUD$100. In calculating such aggregate liability, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the Non-Excludable Provisions.
22	Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include: 
1.	special, indirect, consequential, incidental or punitive damages; or
2.	damages for loss of profits, revenue, goodwill or anticipated savings,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
23	Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
Intellectual property rights
24	You acknowledge that our Website is protected by laws relating to copyright, trade marks and other intellectual property rights.
25	We grant you a limited, non-transferable licence to access and use our Website solely for your personal, non-commercial purposes. We (or our licensors) retain all right, title, and interest in and to our Website, and nothing you do on or in relation to our Website will transfer any intellectual property rights to you or, except for this limited licence, licence you to exercise any intellectual property rights unless this is expressly stated.
26	Except as provided in these Terms of Use, permission to use or copy our Website for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
Breach, suspension and termination
27	We may suspend or terminate your access to all or any part of our Website and the Community Forum and revoke the permission referred to in clause 26 at any time if, in our reasonable opinion, you have breached these Terms of Use. We may, without notice to you, review any of your Content, and modify or remove any of your Content where we believe, in our reasonable opinion, it violates these Terms of Use.
Links
28	From time to time our Website may also include links to other websites. These links are provided for your convenience only to provide further information. By including the links on our Website, we are not representing, warranting or guaranteeing that we endorse the websites or the content of those websites. We have no responsibility for any of that material or content.
Cookies and Privacy Policy
29	Subject to clause 12, you do not need to disclose your identity to us in order to use our Website. However, our Website may use “cookies” to collect anonymous traffic data from users who access our Website. Our internet server may also automatically record details about any computer used to access our Website (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information is used for internal statistical purposes and to improve our Website. Any other information supplied to us (including if you register for and use the Community Forum or send us an email) is treated in accordance with our Privacy Policy (which can be found at www.decimal.com.au/privacy.
General
30	These Terms of Use and your use of our Website is governed by the laws in force from time to time in the State of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales and the Commonwealth of Australia.
31	These Terms of Use constitute the entire agreement between us and you in relation to your use of and access to our Website, and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to your use of and access to our Website.  
32	Your use of and access to our Website is conducted electronically and we may communicate with you electronically for all aspects of your use of and access to our Website, including sending you electronic notices.  
33	The provisions of these Terms of Use which by their nature survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use.
34	No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
35	The word "including" when used in these terms of use is not a term of limitation.