Terms Of Service of Decidr.ai PTY LTD

Decidr Website Terms of Use

Important information about this document - These terms and conditions apply to your use of the website located at www.decidr .ai (Website).
1. The Website is owned and operated by DECIDR.AI Pty Ltd (ABN 99 673 841 284) (Decidr, we, us). By using the Website, you agree that you will be bound by and will comply with these terms and conditions, which form a legally binding agreement between you and Decidr.
2. These terms incorporate our Privacy Policy. If you do not accept these terms and conditions, you must refrain from using our Website.
3. Decidr offers various products and services pursuant to a separate manually or digitally-executed agreement, including the Decidr platform agreement or other form of agreement as applicable (Agreement). Such products and services are governed by the terms of such Agreement.
Changes to these terms and conditions
1. Decidr may amend these terms and conditions by posting an update on our Website.
2. If you do not agree to the changes we make to these terms and conditions, you may terminate these terms of use by not using our Website anymore.
Your warranties and acceptable use
1. By using the Website you:
  1. represent and warrant that you are over the age of 18;
  2. agree to ensure that any information provided by you, including as part of your registration for any account, is true and accurate and remains so at all times; and
  3. agree to the collection, use and disclosure of your personal information in accordance with our Privacy Policy, a copy of which can be viewed at our website.
2. In using the Website, you must not at any time:
  1. post reviews or other materials that could be considered prejudicial, racist, off-topic, inflammatory, repetitive, discriminatory, defamatory, vexatious, insensitive, offensive or otherwise inappropriate or unlawful;
  2. use abusive, hateful, vulgar, harassing, obscene, profane, sexually oriented, threatening language;
  3. infringe the copyright, trademark or other Intellectual Property Rights of any party;
  4. post materials that contain private and/or personal information of any other person;
  5. link inappropriately to other web pages or sites, personal or otherwise;
  6. use the Website in breach of any laws or regulations;
  7. impersonate any other person in your use of the Website;
  8. interfere with or disrupt our operation of the Website.
Intellectual Property Rights
1. Unless otherwise stated, all information and material published on the Website is owned by or licensed to Decidr and must not be altered in any way nor copied for use in other services, websites or publications, without the written consent of Decidr.
2. Decidr retains all interest in, and all rights and title to, all intellectual property rights subsisting in the Website, and any part thereof. You must not do anything that interferes with or infringes Decidr's Intellectual Property Rights in the Website or any of its components.
3. You must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, adapt, or edit any content on the Website for any purposes other than as expressly permitted under these terms and conditions. You may download, display, and print out a copy of content available on our Website for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trade mark, and other proprietary interests.
Privacy
1. Decidr will collect, handle and disclose information about you in accordance with its Privacy Policy. By providing us with your personal information, you agree for us to handle that information in accordance with our Privacy Policy.
2. Subject always to our confidentiality and privacy obligations to you, you consent to our using, copying, analysing and disclosing material you upload onto the Website and Metadata:
  1. as directed by you;
  2. for statistical analysis, and for improving our services; and
  3. as reasonably necessary for the operation of the Website, including disclosure to third party suppliers and contractors.
3. For the purpose of clause 9.2, "Metadata" means any system-generated data that is created or generated in connection with your use of the Website, including in the use, processing, storing or hosting of any information, material, data, dataset and any descriptive, structural and administrative metadata.
Important disclaimers and limitation of liability
1. Nothing in these terms and conditions excludes, restricts or modifies any rights or remedies that may not be lawfully excluded, modified or limited under the Australian Consumer Law contained in Schedule 2 of the _Competition and Consumer Act 2010 _(Cth) (Australian Consumer Law).
2. Except to the extent prohibited by law, in no event will Decidr be liable to you for any loss or corruption of data, loss of opportunity, loss of revenue, loss of profits, loss of contract, loss of business, loss of production or loss of goodwill or any punitive, exemplary, indirect or consequential loss, arising out of or in connection with the use of, or the unavailability of, the Website.
3. To the full extent permitted by applicable law, Decidr's liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by Decidr, including the consumer guarantees set out in the Australian Consumer Law, is limited to (at our option):
  1. in the case of goods - repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or
  2. in the case of services - supplying the services again or paying the cost of having the services supplied again.
4. To the full extent permitted by applicable law, Decidr's maximum aggregate liability to you for all claims arising under or in connection with these terms and conditions, regardless of the nature of such claim, shall not exceed AUD$100.
5. Each party's liability to the other in connection with these Terms of Use will be reduced proportionately to the extent that the other party or any of its personnel caused that loss.
Disclaimer
1. You are solely responsible for determining whether the Website is right for you. Except as expressly stated in an agreement between you and Decidr, the Website is provided on an "as is" and "as available" basis, without warranty of any kind, either express or implied.
2. To the full extent permitted by applicable law, Decidr expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
3. Decidr does not guarantee that the Website will be secure or free from bugs or viruses or function without interruption or errors. You are responsible for configuring your information technology to access the Website. You should use your own virus protection software. By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website, by any third party content or third party website.
Software licence and additional restrictions
1. Subject to the terms of this document, Decidr grants you a non-exclusive, non-transferable licence to use the Website.
2. You must not rent, lease, lend, sell, transfer, redistribute or sublicense the Website.
3. Other than as expressly provided in this document or otherwise permitted by law, you must not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website any part thereof.
4. You represent and warrant that the following statements are true and correct:
  1. you are not located in a country that is subject to an embargo by the governments of either the United States of America or the Commonwealth of Australia;
  2. you are not located in a country that has been designated by the governments of either the United States of America or the Commonwealth of Australia as a 'terrorist supporting' country; and
  3. you are not included on any list of prohibited or restricted parties by the government of the United States of America or the Commonwealth of Australia.
Third party software
1. In order to obtain, install, update, access, use, or continue to access or use the Website you may also be required to update third party software (such as the operating system) on your device.
2. You acknowledge and agree that:
  1. Decidr is not responsible for such third party updates;
  2. such third party updates may be subject to their own terms and conditions, which Decidr strongly recommends you review prior to implementing the third party update; and
  3. if you are unable or unwilling to obtain or install such third party updates, you may be unable to obtain, install, update, access, use, or continue to access or use the Website.
Support
1. Unless otherwise specified in this document or agreed pursuant to a separate written agreement between you and Decidr, Decidr will not be obliged to support the Website, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to your use of the Website.
Third party content and links
1. We may provide links or references to other websites on the Website for your convenience. We do not control or endorse these websites, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to such websites.
Governing law and jurisdiction
1. These terms and conditions are governed by the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland in respect of any proceedings arising out of or in connection with this document.
Prohibition and severance
1. If any provision of these terms and conditions is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
Definitions and interpretation
1. In these terms and conditions:
  1. Effective Date means 1 July 2024.
  2. Website means the Decidr website at www.decidr.ai
  3. Intellectual Property Rights means any and all intellectual and industrial property rights anywhere in the world (including present and future intellectual property rights) including (but not limited to) rights in respect of or in connection with:
    1. any related confidential information, trade secrets, know-how or any right to have information kept confidential;
    2. copyright (including future copyright and rights in the nature of or analogous to copyright);
    3. trade marks, service marks and other related marks; and
    4. all associated goodwill, whether or not existing at the date you agree to these terms and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any application or right to apply for registration of those rights and includes all renewals and extensions.
2. The following rules of interpretation apply unless the context requires otherwise:
  1. a reference to a person includes a firm, a body corporate, an unincorporated association or an authority and vice versa;
  2. a reference to these terms and conditions or another document includes any variation, novation, replacement or supplement to any of them from time to time;
  3. a reference to a right or obligation of two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally;
  4. a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing; and
  5. specifying anything in these terms and conditions after the words including, includes or for example or similar expressions does not limit what else might be included unless there is express wording to the contrary.
Contact
1. In the event that you need to contact Decidr in respect of any questions, complaints or claims relating to this document or the Website, please use the following details:

Decidr Pty Ltd

Address: 120 Sussex Street, Sydney NSW

Email: compliance@decidr.ai