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.
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.
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.