Terms & Conditions

INTRODUCTION

The Terms of Use will govern your use of this website, including all pages within this website (The Daana Website). The Terms of Use of the The Daana Website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the The Daana Website (Additional Terms and Conditions). Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the The Daana Website.

By using the The Daana Website, you acknowledge and agree to all the Terms of Use. You must not use the The Daana Website, if you do not agree, or have any objection, to any of the Terms of Use.

WEBSITE ACCESS

The Daana does not guarantee that access to the The Daana Website will be uninterrupted or that the The Daana Website is free from viruses or anything else that may damage any computer, server, system, network or hardware (System) used to access the The Daana Website (Access System) or any data, code or software on an Access System, or a System that is linked to the Access System (Linked System) or any data, code or software that is on any such Linked System.

Certain areas of the The Daana Website may be restricted from access by you and The Daana may further restrict your access to any areas of the The Daana Website, at any time, in its sole and absolute discretion.

LIMITATION OF LIABILITY

The The Daana Website is provided “as is,” and The Daana makes no express or implied representations or warranties, of any kind related to the The Daana Website or its content. The Daana does not warrant the accuracy, reliability, adequacy or completeness of any of the The Daana Website content. You acknowledge and accept that the The Daana Website content may include faults, inaccuracies and errors.

Nothing contained on the The Daana Website will be construed as providing advice to you. It is your responsibility to enquire with us directly or to undertake your own enquiries to determine the accuracy, reliability, adequacy, completeness and currency of the content on the The Daana Website you wish to rely upon.

To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), The Daana excludes all liability for, and neither The Daana nor its officers, employees or contractors will be liable to you for, any claim, demand, loss, expense, or damage of any kind (including special, indirect or consequential loss and loss of business profits) arising directly or indirectly, and whether in contract, tort or otherwise, out of or in connection with:

your use of, or reliance on, the The Daana Website or its content; or
the performance or failure of the The Daana Website.

You hereby indemnify The Daana from and against any and all liabilities, costs, demands, claims, causes of action, damages and expenses (including reasonable lawyer’s fees) arising directly or indirectly out of, or in any way related to, your use of the The Daana Website, its content or breach of any of the provisions of the Terms of Use.

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth) implies a warranty or guarantee into the Terms of Use that may not lawfully be excluded, then The Daana’s liability for breach of such a warranty or guarantee will be limited, at its option, to any one or more of the following:

in the case of goods:
replacement of the goods or the supply of equivalent goods;
repair of the goods or payment of the cost of having the goods repaired; or
payment of the cost of replacing the goods or acquiring equivalent goods; and
in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.

INTELLECTUAL PROPERTY

The content on the The Daana Website, including without limitation all applications, information, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams and other graphic materials (Content), and the names, logos and trademarks (Brands), are the property of The Daana or have been made available for use by The Daana and are protected by copyright, trademark, moral rights and other intellectual property laws. Content may be displayed and printed solely for your own personal, non-commercial use or for use internally for non-commercial purposes within your organisation provided that its source is acknowledged and any copyright notice or Brands on what you display or print are not removed. You must not:

copy, reproduce, perform, adapt, modify or translate the Content; or
retransmit, distribute, sub-license, disseminate, sell, publish, broadcast or circulate (whether electronically, digitally or in print or other form) any of the Content to any third party,

without the express prior written consent of The Daana. Alternatively, you should direct the third party to the The Daana Website and the relevant Content on the The Daana Website.

The Daana does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or Brands or in the user interface of the The Daana Website except as granted in these Terms of Use or as expressly granted by The Daana in writing.

SUBMISSIONS

Any material, including but not limited to, information, questions, comments, suggestions, ideas, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams or other graphic materials you send to us on or via the The Daana Website (Your Content) will be deemed to be non-confidential and non-proprietary. The Daana will be entitled to use any of Your Content for any purpose without compensation to you.

Your Content must be your own and must not infringe any third party’s rights. You grant The Daana a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, disseminate, broadcast and distribute Your Content in any and all forms and media, including on the The Daana Website.

THIRD PARTY WEBSITES

The The Daana Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, The Daana does not control, endorse, sponsor or approve any such third party websites or their content or any products or services offered on or through those websites. The Daana does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content or any reliance you may place on those websites or their content or any products or services you may acquire on or through those websites.

LINKS TO The Daana WEBSITE

If you wish to establish a link to this website, you must first seek approval from The Daana. Please email The Daana with your request at [email protected]. You must not establish a link to the The Daana website without The Daana’s express written approval.

If The Daana agrees to your proposed link, you must comply with any terms and conditions imposed by The Daana as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact The Daana and provide a new description of your website and seek The Daana’s written approval to retain the link to the The Daana Website.

The Daana may at any time withdraw its approval to your link by notifying you in writing. If The Daana notifies you that its approval has been withdrawn you must immediately remove the link to the The Daana Website.

INTERFERENCE WITH WEBSITE

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the The Daana Website or any of its Content or Brands.

You must not:

use the The Daana Website in any way that is, or may be, damaging to the The Daana Website or to The Daana or in a way that causes, or may cause, harm to The Daana, the The Daana Website or to any person or entity;
use the The Daana Website in any way that impacts with user access to the The Daana Website;
use the The Daana Website contrary to applicable laws or regulations;
engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the The Daana Website or its Content or while using the The Daana Website or its Content; or
use the The Daana Website to engage in any advertising or marketing.

JURISDICTION

These Terms of Use are governed by and construed in accordance with the Australian Capital Territory, Australia. If a dispute arises from the Terms of Use, you agree to submit to the non-exclusive jurisdiction of the courts of Canberra (ACT), Australia.

VARIATION OF TERMS

The Daana is permitted to revise these Terms of Use at any time as it sees fit, and by using the The Daana Website you are expected to review such Terms on a regular basis to ensure you understand all the Terms of Use governing use of the The Daana Website.

ASSIGNMENT

The Daana may assign, transfer, and subcontract its rights and/or obligations under the Terms of Use without any notification or consent required. However, you must not assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.