Terms and conditions last updated on 6 September 2020.
1. About This Website
1.1. Welcome to bestdingo.com.au (“Website”). The Websites publishes articles, product reviews and buying guides for Australian consumers.
1.2. The Website is operated by Best Dingo Pty Ltd (“us” or “we” or “our”). Access to and use of the Website or any of its products/services is provided by Best Dingo Pty Ltd.
2. Acceptance of Terms
By accessing the Website you agree to be bound to the terms and conditions (“Terms”) outlined below. If you do not agree with the Terms, you must cease usage of the Website and its associated products/services immediately.
3. Change of Terms
You agree that we may change any of the Terms by updating this page at its sole discretion. When Best Dingo Pty Ltd updates the Terms, you agree to be bound by any future modifications of the Terms. If you do not agree to be bound by any updated Terms you are prohibited from using the Website or any of its products/services provided by Best Dingo Pty Ltd.
4. Copyright and Intellectual Property
4.1. All material on the Website (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the "Content") are subject to copyright. All Content is protected by copyright under the laws of Australia and associated international treaties.
4.2. Best Dingo is a trade mark of Best Dingo Pty Ltd.
4.3. We retain all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
4.3.1. Content or copyright; or
4.3.2. trade mark, domain name, or business name; or
4.3.3. design; or
4.3.4. any other intellectual property;
to you.
4.4. You may not, without our prior written permission and the permission of any other relevant right owner: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
5. Privacy
Any information provided through your use of the Website and/or content are subject our Privacy Policy.
6. General Disclaimer
6.1 .Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
6.2.Subject to this clause 6, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Best Dingo Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
6.3 Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Best Dingo Pty Ltd make any express or implied representation or warranty about the content or any products or content (including the products or content of Best Dingo Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a)failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b)the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
(c)costs incurred as a result of you using the Website, the content or any of the products of Best Dingo Pty Ltd; and
(d)the content or operation in respect to links which are provided for your convenience.
7. Limitation of Liability
7.1. Best Dingo Pty Ltd's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
7.2. You expressly understand and agree that Best Dingo Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
7.3. You acknowledge and agree that Best Dingo Pty Ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
8. Limitation of Liability
8.1. If you want to terminate the Terms, you may do so by providing Best Dingo Pty Ltd with 30 days' notice of your intention to terminate by sending notice of your intention to terminate to Best Dingo Pty Ltd via the 'Contact' link on our homepage.
8.2. Best Dingo Pty Ltd may at any time, terminate the Terms with you if:
(a)you have breached any provision of the Terms or intend to breach any provision;
(b)Best Dingo Pty Ltd is required to do so by law;
(c)Best Dingo Pty Ltd is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d)the provision of the Services to you by Best Dingo Pty Ltd, is in the opinion of Best Dingo Pty Ltd, no longer commercially viable.
8.3. Subject to local applicable laws, Best Dingo Pty Ltd reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Best Dingo Pty Ltd's name or reputation or violates the rights of those of another party.
8.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Best Dingo Pty Ltd have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
9. Limitation of Liability
9.1.You agree to indemnify Best Dingo Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
10. Limitation of Liability
The Services offered by Best Dingo Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
11. Jurisdiction and Venue
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
13. Independent Legal Advice
Both parties agree and declare that the clauses within these Terms are reasonable and fair and both parties, having been given the opportunity to get independent legal advice, declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
14. Severance of Clauses
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.