TERMS & CONDITIONS | PRIVACY POLICY
TERMS & CONDITIONS
Welcome! This website (www.dstudio.com.au) is owned by DStudio Pty Ltd (ABN 72 059 090 836). The term ‘DStudio’, ‘DStudio Architecture’, ‘DStudio Architects’, ‘we’, ‘us’ or ‘our’ refers to the owner of this website, DStudio Pty Ltd. The term ‘you’ or ‘your’ refers to the client, viewer or user of this website. These Terms and Conditions apply to everyone – client, viewer or user – who accesses and uses our information and any product or services that we provide.
By using and browsing this website, you acknowledge and warrant that you have had the opportunity to read these Terms and Conditions, and that you agree and will comply with our Terms and Conditions. If you disagree with any part of our Terms and Conditions, do not use our website and/or services.
General
The content of our website is for your general information and use, and is subject to change without notice.
Accuracy of Content
While we have taken proper care and precautions to ensure that the content of our website is accurate, we do not provide any representation, warranty, indemnity or guarantee as to the accuracy, reliability, timeliness, completeness or suitability of the information, material or documents found or offered on our website for any particular purpose. This applies to any content contained within our website or on any linked website.
Use
Your use of any information, material or documents from our website is entirely at your own risk, for which we shall not be liable. In using this website, you agree to these Terms and Conditions and that it is your own responsibility to ensure that any information, material, product or services available from our website meets your specific requirements.
You agree that you will use our website in accordance with all applicable local, state, Commonwealth of Australia and international laws.
You will not use, nor will you allow or permit any third party to use, our website for any purpose that is unauthorized, unlawful, fraudulent, defamatory, abusive or in any other inappropriate way or manner which conflicts with our website or services.
Where you contribute to our forum (if any) or make any public comments on our website which are in our opinion illegal, fraudulent, defamatory, profane, abusive, harassing, obscene, knowingly false or in any other manner inappropriate or conflicting with our website or services, then, at our own discretion, we may refuse to publish your comments and/or delete them from our website.
You agree not to conduct contests, surveys, chain letters, pyramid schemes or the like on or through our website.
You agree not to introduce any form and manner of malicious software, virus or the like into our website.
You agree not to collect information about other users of the website.
We reserve the right to restrict, terminate your access or exclude you from our website and any of our services at any time without notice, if you are deemed to be acting contrary to the spirit of the website or in a manner which could damage our business and reputation.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
Unauthorised use of this website may give rise to a claim for damages.
Confidentiality of Login Details & Passwords
The responsibility for maintaining the confidentiality of your passwords and login details, for all activities within our website, shall remain with you.
Indemnification for Loss or Damage
You are liable for and agree to indemnify us, defend and hold us harmless for and against any and all claims, liabilities, damages (actual and consequential), suits, actions and expenses including litigation costs and legal costs, resulting directly or indirectly from:
(a) your misuse of our website or services;
(b) any breach of these Terms and Conditions;
(c) any inaccurate or out-of-date information or misleading information or misrepresentation from or by you, your employees, contractors, agents or any third parties through you.
You agree to co-operate with us at your expense in the handling of disputes, complaints, investigations or litigation arising as a result of incorrect information you have provided us.
Limitation of Liability
Statements made on our website should be taken as general comments only and you must satisfy yourself as to their accuracy. You acknowledge that the information and documents may contain mistakes, inaccuracies and/or errors. We will take no responsibility for any mistakes, inaccuracies or errors in the content or statements contained on our website or in relation to our products and services. With the exception of warranties provided by law, all our services are provided without a warranty. We are not liable for any damages whatsoever incurred as a result of the use of our website or services.
Intellectual Property & Copyrights
We hold the copyright to all content of this website, unless otherwise identified and acknowledged on the website. This content or material includes, but is not limited to, the designs, layouts, graphics, appearances, files, documents, images, articles, data, news, tutorials, videos, reviews and forum posts.
You agree not to download, copy, capture digitally or print, record, reproduce, replicate or transmit electronically or otherwise use our copyright material or any material which is licensed to us or any material appearing on our website where the copyright belongs to others (if any). This applies to information, material or documents whether whole or in part and whether in original or amended form. Specifically, you may not use any content or material for commercial purposes or benefit unless expressly permitted in writing by us or by the rightful owner of the copyright.
Electronic Communication
You acknowledge that email exchanges and file transfers may occur between the Parties (‘you’ and ‘us’). You agree to release us from any claim resulting from your unauthorized use of information, material or documents after transmission to you and for any delay or non-delivery of information, material or documents and for any damage caused to your system or data by such electronic transfers.
Trademarks
The logo and trademarks contained on our website belong to us, unless otherwise acknowledged. Use of our logo and trademarks is strictly prohibited unless expressly permitted by our written consent. Similarly trademarks and any material which are not our copyright must be used only after written consent has been obtained from the rightful owner.
Links to Websites
Our website may include links to other websites and, where provided, these links are for your convenience to further information. The links do not signify that we endorse or approve the linked websites, their content or any associated product or service. We will not be responsible for the content of the linked websites and we accept no liability for loss or damage arising out of your use of these linked websites.
Links from Websites
Please contact us by email if you wish to link to our home page. You must not provide a link which suggests any association, approval or endorsement on our part in respect to your website or organisation without our expressed consent in writing. We reserve the right to withdraw our consent to you, with respect to linking to our site, at any time by written notice.
Performance
We will not be liable for any loss or damages, whether direct or indirectly, caused to or incurred by any user of our website, its information, material, documents and/or our services. We give no guarantee to provide a continuous website service.
Modifications
We reserve the right to amend our website, information, material, documents, products and services and these Terms and Conditions without notice. By using or browsing our website after the date of amendment, you are agreeing to the amended Terms and Conditions.
Privacy & Information Collection
Information that you provide to us or that we collect and retain due to your use of our website and/or services, is governed by our Privacy Policy. By using and browsing our website, you are also agreeing to our Privacy Policy. Please view our Privacy Policy for more information including why we collect personal information from you and how we use that information.
Confidential Information
The personal information you provide us will be held confidential in accordance with our Privacy Policy. We will not disclose confidential information to additional third parties and will use all reasonable means to protect confidential information from unauthorized disclosure. We will only use your confidential information for the purposes for which it was disclosed by you.
These obligations do not apply once the confidential information is authorized to be disclosed or is in the public domain or is no longer confidential (except as a result of a breach of these Terms and Conditions) or is received from a third party (except where there has been a breach of confidence) or where we are required to disclose by law or by a regulatory authority under subpoena.
Given the nature of the World Wide Web (internet) and circumstances that are beyond our control, we cannot guarantee that all aspects of your use of our website will be confidential due to the potential for third parties to intercept and access such information.
Computer Virus
We provide no warranty, indemnity or guarantee that our website, its contents or documents are free of viruses.
Cookies
Like all websites, our website uses cookies to monitor browsing preferences. In using our website, you allow cookies to be used and, as such, personal information may be stored by us for use by third parties.
Feedback
Your feedback is important and we will strive to respond and resolve your concerns promptly and effectively. Please contact us immediately if you have any feedback or concerns.
Dispute Resolution
In the event of a dispute with respect to these Terms and Conditions, the Parties (‘you’ and ‘us’) agree to this dispute resolution procedure:
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The complainant must advise the respondent in writing, outlining the nature of the dispute and the desired outcome. The Parties endeavour to resolve the dispute by correspondence.
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Where the dispute cannot be resolved by correspondence, the Parties agree to meet in good faith and seek to resolve the dispute.
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If no resolution is achieved at the meeting, any Party may refer the matter to a mediator. If the Parties cannot agree to a mediator, the complainant will request one to be appointed by the Queensland Law Society. The Parties must attend the mediation in good faith to seek to resolve the dispute.
Attempts made by the Parties to resolve a dispute are without prejudice to other rights and entitlements of the Parties under these Terms and Conditions or by law.
Relationship
These Terms and Conditions are not intended to create a partnership or joint venture between the Parties.
Governing Law
These Terms and Conditions are governed and construed in accordance with the Laws of Queensland, Australia. Any disputes arising out of use of our website are to be resolved by the courts having jurisdiction in Queensland.
PRIVACY POLICY
DStudio Pty Ltd is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the National Privacy Principles (NPPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.
Personal Information & Collection
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect may include: names, addresses, email addresses, phone and facsimile numbers and any other information requested by us or otherwise required by us or provided by you.
This Personal Information is obtained in many ways including interviews, by correspondence, by telephone and facsimile, by email, via our website www.dstudio.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.
Use of Personal Information
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing, to respond to your queries and to better understand your needs. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. For instance, circulating promotional emails about new products or services, special offers or other information which we think you may find interesting. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
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For the primary purpose for which it was obtained
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For a secondary purpose that is directly related to the primary purpose
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With your consent; or where required or authorised by law.
Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
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Third parties where you consent to the use or disclosure; and
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Where required or authorised by law.
If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer, to the extent permissible by law, our user databases together with any personal and non-personal information contained in those databases. We would seek to only disclose information in good faith and where we have sought to maintain confidentiality.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
No information transmitted over the internet can be guaranteed to be secure. As a consequence, we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. While we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Access to your Personal Information
Providing us with Personal Information is optional. You can choose to withhold Personal Information. When you provide us with Personal Information, you consent to the terms of this Privacy Policy.
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
DStudio Pty Ltd will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information. In order to protect your Personal Information we may require identification from you before releasing the requested information.
If you wish to unsubscribe from our database, or opt out of communications, please contact us.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
Use of Cookies
A cookie is a small file that assists with analysing web traffic and allows web application(s) to respond to you as an individual by allowing them to tailor their operations to your needs and preferences by collecting information about you. A cookie will ask for your permission to be placed on your computer’s hard drive. You can choose to accept or decline. Note that most web browsers automatically accept cookies and you will have to modify your browser’s settings if you prefer to decline cookies.
Cookies assist us in providing you with a better website by enabling us, for example, to monitor pages which you visit and those you do not. We may use cookies on our website from time to time for statistical purposes only and such data will be removed from the system thereafter. A cookie does not provide us with access to your computer or any information about you, other than the data you provide to us.
We may also employ web beacons on our website from time to time. Web beacons are small pieces of code placed on a web page to monitor the behaviour of visitors and collect data in relation to how they view our web pages. A common use of web beacons is, for example, to count the users who visit a web page.
Links to Other Websites
Our website may include links to other websites. Given that we do not have any control over those websites, we are not responsible for the protection and privacy of any information which you provide whilst visiting those websites. You must exercise caution when accessing such websites and consult their respective privacy policies.
Policy Updates
This Policy may change from time to time and is available on our website.
Enquiries & Complaints
If you have any queries or complaints about our Terms and Conditions or Privacy Policy please contact us at:
PO Box 335, Helensvale LPO, Queensland 4212, Australia
Phone: +61 7 5574 5588
Last update: 15 March 2017
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