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Terms and Conditions

Welcome to the dervalweb platform (dervalweb.com.au) and all associated subdomains), (hereinafter this or the “Platform”). The following Terms and Conditions (the “Terms”) apply to your use of this Platform from any device or network.

AndrewLockman.com (dervalweb.com.au), an Australian proprietary limited company) operates this Platform for the purposes of these Terms, “dervalweb,” “we,” “our,” or “us” refers to dervalweb, a division of AndrewLockman.com, as well as its employees, contractors and consultants, directors, affiliates, subsidiaries, advisors and/or agents. Use of this Platform is conditional upon your agreement to these Terms by choosing “I accept the terms and conditions” when creating your account and logging in to the Platform. By doing so you are accepting these Terms. If you do not agree, choose ‘I do not accept’ and do not login or otherwise use this Platform. Please review these Terms which govern your use of the Platform and any related functions or interactive resources including but not limited to creation of a sub-domain WordPress installation.

After accepting these Terms, if you later disagree with these Terms, you must immediately stop using this Platform and associated resources. You are deemed to be using the Platform if you are interacting with the Platform directly or indirectly, and including by way of automated functionality, crawlers, spiders, scrapers, robots, harvesting bots, browsers, data mining or extraction tools, whether the functionality was installed by you or someone else. For purposes of these Terms, “user content” means any content or material posted, published, submitted, or contributed by you. By registering and clicking “I accept the terms and conditions,” you agree to be bound by these Terms when you use the Platform and undertake any activities connected to the Platform.

You acknowledge, warrant and represent to us that:

  • a) you are at least 18 years old;
  • b) you will provide us with accurate, complete and current information;
  • c) you have accepted these Terms as a result of your due diligence and assessment and have not relied on any representations made by us;
  • d) you have and maintain the power and authority necessary for you to accept these terms;
  • e) you will not create more than one account that represents you and/or your business;
  • f) the information provided by you on the Platform will not infringe the intellectual property of any third party or defame the reputation of any third party;
  • g) your username and password are for your personal use only, and you must maintain the confidentiality of your account and your login details;
  • h) you accept responsibility for all activities which occur under your account or your login details;
  • i) you have accepted these Terms on the understanding that we, in our sole discretion, may remove your account at any time for any reason; 

Prohibited Conduct.

When using the Platform, you agree and warrant to us that you will not:

  • a) use or attempt to use any software or device to navigate the Platform other than search facilities provided by us or publicly available browsers;
  • b) reproduce, distribute, modify, transmit, upload, publicly display, reuse, republish. re-post, frame or mirror any part of the platform or content;
  • c) gather metadata or use meta tags, or use any data extraction tools, or create a database;
  • d) conduct fraudulent activities;
  • e) use a false or misleading name, address, or email address to activate or use an account;
  • f) misrepresent the identity of a user or impersonate any person;
  • g) use login information or access an account of another person;
  • h) share your login details (you are responsible for any use or misuse of the Platform or your membership account by anyone using your account);
  • i) transfer your account to another person or entity;
  • j) imply that we endorse any statement you make;
  • k) tamper or interfere with, or violate the security of, the Platform or its functionality in any way including taking any step which could disable,
  • overburden or impair the operation of the Platform;
  • l) post or upload any content which:
    • (i) compromises the security of the network or Platform, or which transmits viruses or malware or any technology that may harm us, a member or any user of the Platform;
    • (ii) interferes with the proper working of the Platform;
    • (iii) in any manner transmits information which is inaccurate, unlawful, threatening, harassing, abusive, false, inaccurate, hateful, harmful, misleading, defamatory, obscene, vulgar, pornographic, abusive, indecent, sexually explicit, violent, profane, objectionable, degrading, racially or ethnically offensive, discriminatory, indecent or generally offensive;
    • (iv) violates or may violate any right of a third party (including copyright or intellectual property rights or publicity rights); or
    • (v) causes or may cause injury to any person or entity.
  • m) distribute spam or unsolicited electronic communications;
  • n) defame, harass, bully, intimidate, violate, stalk or threaten any person or a person’s rights;
  • o) restrict any person’s use of the Platform;
  • p) modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Platform;
  • q) remove any intellectual property or other proprietary rights’ notice from the Platform or from materials originating from the Platform; or
  • r) develop or operate any applications other than operating our applications. You must not do or attempt to do any of the things prohibited above, and you must not procure, facilitate, encourage or allow a third party to do any of the things prohibited above.

You must not do or attempt to do any of the things prohibited above, and you must not procure, facilitate, encourage or allow a third party to do any of the things prohibited above.

Submission and ownership of user content.

You release any user content you post, publish, or otherwise use in connection with this Platform to us. This includes any user content resulting from your participation. You agree we may use this content at our discretion until such time as you withdraw your consent, either via your user account or by email communication directly to dervalweb via admin@andrewlockman.com. This includes contracting for such content with third parties, and You agree that such content is protected by international copyright and other laws, including laws in Australia.

You warrant that the posting of user content on the platform does not violate the rights of any individual, living or deceased, or any legal entity. You acknowledge and accept that you must not post, upload nor transmit content that infringes or otherwise violates any copyright, trademark, trade secret, privacy right or any other intellectual property (past, present and future) or proprietary or legal right of any other party. If your actions violate the rights of another person or other entity, you may be liable to us and the person or entity whose rights may have been violated.

You must not post or upload any content that may comprise a breach of conduct prohibited by these Terms.

We at our sole discretion reserve the monitor, right to review, edit, amend, remove, delete, refuse to post, or disclose any content in whole or in part. We also have the right to change the functions and features of the Platform.

Specifically, we may access, copy, preserve and disclose your user content if required to do so by law or in a good faith believe that such access, preservation or disclosure is reasonably necessary to comply with legal process or applicable law; enforce these terms; respond to claims that content violates the rights of third parties; respond to your requests for assistance; prevent or investigate a crime; or protect the rights, property or personal safety of us or a person or entity.

You may from time to time provide dervalweb with feedback, suggestions or ideas regarding the services provided or the Platform. You agree that dervalweb owns this feedback and any rights in the feedback, and may use, develop and exploit the feedback and the rights in any manner, without restriction and without requirement to compensate you or seek permission from you.

A key part of the onboarding process is the publication of restaurant menus, meal sizes, prices, contact information, delivery policy and local terms of service among other things. We will seek confirmation that everything is correct at time of publication after which time any changes are your responsibility. We will assist in making changes if required by you but will not be held responsible for errors or omissions after the initial publication date.

 

License to use content.

While you permission to use your content is in place, you grant us a non-exclusive, sub-licensable, free, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, exploit, display, perform, transmit, copy, modify, delete, correct, adapt, arrange, reproduce, publish, disclose, distribute, film, perform, licence, market, translate, develop, create derivativeworks from, sell and distribute user content and to incorporate the user content into any form, medium, or technology, now known or developed later, throughout the world, all without compensation to you. We may use user content for whatever purpose including the promotion and operation of this Platform on the Platform or on social media and to promote our products and services and brands. We may make the user content available to the general public and our customers through the Platform and third party platforms. We will not use user content or other personal information in a manner which violates our privacy policies delineated below.

Intellectual Property.

dervalweb owns the Platform and its underlying content (and user content) including but not limited to, its design, interfaces, underlying technologies name, and logos. Data the Platform generates as a result of your participation is owned by us or third parties with whom we have contracted, and is protected by Australian and international copyright and other laws.

All improvements to the Platform will be owned by us (or third parties contracted with us or approved by us including licensees or licensors), and all intellectual property rights in the improvements will vest in us. We are entitled to all benefits associated with the improvements including benefits which arise from the commercialisation or exploitation of the Platform and the user content and associated intellectual property rights and/or the improvements.

All improvements to the software technology are or will be owned by us, or third parties contracted by or approved by us.

The Platform uses proprietary software owned by us, or a contracted third party. You are being granted an individual, limited, non-exclusive, non-transferable license (right to use the software subject to these Terms), solely for your personal use to generate personal and professional profiling information. Software and material are the subject of copyright and author’s rights, and nothing on the Platform or in these Terms may be construed as conferring in any manner (whether by implication, estoppel or otherwise) any title or ownership of, or exclusive rights to, any intellectual property right.

You are expressly prohibited, directly or indirectly, from attempting to discover the source code or reverse engineer underlying algorithms, or technology of the software; renting, leasing, selling, assigning, or transferring rights to the software; modifying or making derivative works based on the software; or using the software in any service or sharing capacity.

Indemnity.

You release, indemnify, and agree to defend and hold us harmless with respect to and against any claims, demands, threats, actions, suits, losses, liabilities, costs, expenses (including, without limitation, legal expenses and attorneys’ fees and expenses on a full indemnity basis), damages, investigations, enquiries, account of profits and taxes that may be suffered or incurred by use, directly or indirectly, in connection with:

  • infringement by you of any law or the rights (including intellectual property rights) of us or a third party
  • actual or alleged breach of these Terms by you;
  • disputes between you and a third party including meal order disputes;
  • third party charges payable by us as a result of your conduct;
  • termination of arrangements with you or your access to the Platform;
  • user content including menu price errors or omissions.
  • delays or non-delivery of email orders due to outages, network congestion or software failure.

Each indemnity and release in these Terms is a continuing obligation that survive termination of these terms and conditions. Every limitation of liability, disclaimer of warranty, or exclusion of damages in these terms is to allocate risks under the terms between you and us (and represents such an allocation). The allocation is an essential element of the bargain between you and us and you. All limitations, disclaimers and exclusions apply to the fullest extent possible.

Confidential information you receive Information you receive as a result of your participation may include confidential information about us and our products and our services. You must not disclose confidential information, including your participation, to any third party without our prior express written consent, unless required by law or court order.

Privacy.

The collection and use of personal information requested by us to enable and manage your participation will be managed in accordance with the privacy policy as delineated below. In using the Platform, you consent to the collection and use of your personal information for this purpose and agree to the terms under which we will manage this information as stated in our privacy policy. Your user content, including any personally identifiable information, is submitted voluntarily by you and subject to our privacy policy. You expressly consent to having your personal data transferred to and processed in Australia, Singapore , United States or the United Kingdom.

Applicable law, jurisdiction, and venue.

These Terms shall be governed in all respects by the laws of Tasmania and all States and Territories of Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of Tasmania. The making of claims or resolution of disputes shall be in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that to the extent permitted by law, disputes, claims, and causes of action arising out of or connected with the Platform or these terms will be resolved individually without resort to any form of class action; and that claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), and solicitor’s fees will not be awarded or recoverable. To the extent dervalweb controls and operates the Platform, it does so from Australia and does not intend to subject itself to the laws of jurisdiction of any state, country, or territory other than that of the State of Tasmania in Australia. We do not represent that the Platform is appropriate or available for use in any particular jurisdiction other than Australia. We may limit the platform’s availability to any person, geographic area or jurisdiction at our sole discretion. In choosing to access the Platform, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

Miscellaneous.

Entire agreement: These Terms comprise the entire agreement and understanding between you and us and you and supersede any prior agreement or understanding, verbal or written.

Additional terms and amendment: You agree to any additional terms which govern the use of the Platform from time to time. The additional terms are incorporated into these Terms. We have the right to amend or discontinue the Platform and to change the terms, and any amendment is effective immediately. You should review the Terms each time you access the Platform. Your continued use of the Platform comprises acceptance of the current terms. In addition, we may without notice implement day-to-day operational practices which supplement these terms (for example, periodic deletion of content and logging off inactive users).

Survival of terms: These Terms as they relate to release of user content, indemnification, governing law, choice of venue, and any other provision which by its nature is intended to survive termination (such as indemnities) will continue beyond termination.

Electronic documents: A printed version of these terms and any notice given in electronic form is admissible in proceedings to the same extent as other documents originally generated in printed form.

Consumer rights notice: If you have a question or complaint regarding the Platform, please send an email to admin@andrewlockman.com.

No Waiver: Neither the failure of any party to enforce at any time any of these terms nor the granting of any time or indulgence shall be construed as a waiver of that party’s right to enforce any term.

Severability: If any term or the application of any term to any person or circumstance is or becomes illegal, invalid or unenforceable in any jurisdiction the term will be severed and none of the remaining terms or the application, validity or enforceability of the remaining terms will be affected, and neither the severed term or the application, validity or enforceability of the severed term in any other jurisdiction, will be affected.

No Assignment: You may not assign your ability to use the Platform to anyone.

dervalweb

ABOUT US

dervalweb.com.au is an Australian website host that makes it simple for other businesses to claim their place on the internet. All the design work has been done for you. Just click a few buttons to create your website and sign up for a low monthly rent with full support.

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