Terms of Service
TERMS AND CONDITIONS OF USE
Before you begin using the Trakka services (“Services”) provided by Dingo Software Pty Ltd (ACN 053 730 331), trading as Dingo Software, Dingo Mining and Dingo Defence (“Dingo”), please read the following terms of this Agreement carefully. This Agreement applies to your use of the Services via any platform or medium, including desktop application and web application. If you agree to the terms and conditions of this Agreement, and wish to use the Services and associated software, please click on the “I agree” button. This will constitute a binding agreement between you and Dingo. To decline acceptance, click the “Cancel” button. If you do not comply with these terms, Dingo may cancel your access to the Services and delete any of your data stored by Dingo. By using the Services, you agree to be bound by all the terms of this license agreement. Dingo is willing to provide the Services to you only if you accept all the terms of this agreement.
- 1 ACCEPTABLE USE: You must:
- (a) use the Services in a responsible manner;
- (b) not use the Services in a manner which, in the reasonable opinion of Dingo may adversely affect the efficiency, security or use by third parties of the Services;
- (c) not seek unauthorised access to the Services at any time;
- (d) not tamper with, hinder the operation of or make unauthorised modifications to the Services;
- (e) not reverse engineer any technology used in providing the Services to you;
- (f) not use the Services for any illegal purpose;
- (g) not attempt to access or delete another user’s data;
- (h) not knowingly transmit a computer virus, worm or disabling feature when using the Services or to Dingo;
- (i) not provide any data to Dingo or allow any data to be stored as part of the Services where you do not have the right to do so.
Dingo may, if it considers necessary, direct you to take corrective action in relation to your use of the Services. If you breach any of your obligations in paragraphs (a) to (i) above, Dingo may, in its absolute discretion, suspend or terminate the provision of the Services to you.
- 2 NO WARRANTY AND LIMITATION OF LIABILITY: THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DINGO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL DINGO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, INCLUDING LOSS OF TIME, MONEY, GOODWILL, LOST PROFITS, OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MAY ARISE FROM THE USE, OPERATION, MAINTENANCE, MODIFICATION OR FAILED USE OF THE SERVICES. Dingo’s liability to you (including but not limited to liability arising out of contract, tort, breach of warranty, strict liability or otherwise) (if any) shall not exceed $1000.
- 3 USER IDENTIFICATION AND PASSWORD: You have been provided with, or allowed to select, a unique user identification and password to access the Services. You must not disclose and must keep your user identification and password secure. In no circumstances may you transfer your user identification or password to a third party. You are responsible for all use of the Services by a person using your user identification and password. You must immediately notify Dingo if you become aware, or reasonably suspect, that another person has obtained access to your user identification and password.
- 4 SOFTWARE USED TO ACCESS AND USE THE SERVICES: If Dingo provides you with software to access and use the Services (“Software” ), other than Microsoft .NET software, this section will also apply. Title to the Software is not transferred and remains with Dingo. You are granted no rights in and will not receive any source code for the Software as part of this Agreement. You acknowledge and agree that the Software is a trade secret, protected by Dingo’s valid copyright rights and is proprietary property of Dingo. You will keep the Software strictly confidential and will not remove or destroy any proprietary markings of Dingo. You will not distribute the Software or, except for backup purposes, will not make or permit others to make copies of or reproduce any part of the Software in any form. Only one backup copy may be made. You agree not to make modifications or alterations to the Software or to reverse engineer or attempt to reverse engineer the Software, except as permitted by law, and in which case you must first notify Dingo. You will be responsible for the supervision, management and control of the use of the Software. If you know or have any reason to suspect any breach of this section, you must promptly give full notice and information of such to Dingo for possible action to secure and preserve Dingo’s rights. The obligations under this section shall survive any termination of this Agreement.
- 5 ASSIGNMENT: You must not assign this Agreement, your user identification or password to any third party without Dingo’s prior written consent. Dingo may assign this Agreement in whole or in part without prior notice to you.
- 6 DEFAULT AND TERMINATION: Material failure by you to abide by this Agreement will constitute an event of default under this Agreement. If you are in default under this Agreement, Dingo may terminate this Agreement, suspend or terminate your right to use the Services, and Dingo may, but is not obliged to, delete or disable access to your data stored by Dingo.
- 8 AMENDMENT: Dingo may amend this Agreement, on 21 days advance notice, by posting a notice on log-on screen for the service or by emailing the amendment to you.
- 9 GOVERNING LAW: This Agreement shall be governed by the laws of Colorado, USA, without regard to the principles of conflicts of laws. Both parties agree to submit to the jurisdiction of the courts of Colorado, USA.