www.datakatch.com.au

Site Terms

In using this website you are deemed to have read and agreed to the following terms. These Terms and our Privacy Policy form the basis on which you may access and use our websites, including any sub-domains of those websites, mobile sites, apps and APIs. We may modify these terms of access and use of our website at anytime. You should look at the terms regularly. All changes will be retrospective effective as soon as they are posted. Our SaaS products include separate Terms and Conditions and it is your responsibility to read and adhere to ALL Terms and Conditions of DataKatch.

“you” - The Content viewer or the owner of the IP address accessing DataKatch's website.

“DataKatch” - DataKatch Pty Ltd and DataKatch International Pty Ltd ATF The KatchALL Trust.

These Terms have been developed to protect the content, IP, copyright and integrity of DataKatch. The Terms are binding between you and DataKatch.

Our systems are monitored within an internal auditing system and are date-time stamped, together with IP address and any other details available for tracking. Any misuse of our website, facilities, systems and services may lead to civil action or criminal prosecution.
By accessing our website and related sub-sites of DataKatch you agree:

1.

The information on this web site is provided on an "as is" basis and you are allowed to only view the content of DataKatch's websites for the purpose of understanding DataKatch as a company and the products or services DataKatch provides.

2.

To download only content that we allow you to obtain which are available via links to pdf files only.

3.

Not to hold DataKatch liable to you, or to anyone else, for any loss or damage (including without limitation loss of profit, revenue or business, indirect, consequential, special or incidental loss or damage), however liability arises, or might arise, if it were not for this clause. This exclusion does not apply to anything the law prohibits as excluding liability.

4.

To indemnify DataKatch for any loss suffered, or liability incurred, due to any information provided by DataKatch they you believe is not accurate, up to date or complete, or is otherwise misleading. DataKatch endeavours to make sure all information supplied on it's public websites are accurate.

5.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the website and application is owned, controlled or licensed by or to us, and is protected by trade dress, copyright and trademark laws, and various other intellectual property rights and competition laws. Except as expressly provided in these Terms of Use, no part of the website and application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, communicated to the public or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. All rights not expressly granted herein are fully reserved by advertisers, our licensors and us.

6.

You may not create a link to any page of this website without DataKatch's prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out in these terms will apply to your use of this website by linking to it.

7.

DataKatch monitors and uses IP addresses to administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information, however this does not exclude DataKatch from using all resources to obtain your personal details for legal purposes. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL.

8.

Restrictions on use of websites including subdomains. You agree that you will not: use any automated device, software, process or means to access, retrieve, scrape, or index our websites or any content on our website, or attempt to inject url strings which are an attempt to access our service illegally; or process undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage; or use or index any content or data on our websites for purposes of: (i) constructing a replica of DataKatch's website, or (ii) competing with us in any manner that we have not specifically authorised; or use our websites or any content from our websites in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available; or act in violation of any Term of Use or other condition posed by us; or reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our websites or any content on our website, except as expressly authorised by us; or transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature to all of DataKatch's websites or its clients. Some areas of our website and subdomains are restricted and any unauthorised access to these areas will be subject to prosecution and liabiities as per point 9 of these terms.

9.

DataKatch monitors your use on our website including if you are using any tracking or downloading software on this site without DataKatch's knowledge. DataKatch only permits tracking by recognised search engine companies only. Should you breach this term or point 8, DataKatch will view your actions as theft, industrial espionage, economic espionage or corporate espionage and you agree to be liable to DataKatch for a minimum of five million dollars (AUD) enforceable by legal action. The supply of any information to third party companies other then yourself, DataKatch will view your actions as theft, industrial espionage, economic espionage or corporate espionage and unless you can provide a reasonable explanation for your actions that DataKatch deems acceptable, you agree to be liable to DataKatch as mentioned in the previous sentence. DataKatch will use point 7 to obtain your personal or company details to proceed with any legal action required. If the IP address from which the offence has originated is owned by a company or entity then the actions are deemed to be authorised by that company or entity and the company or entity including it's Directors (under personal guarantee) accept full responsibility for the monetary liability.

10.

DataKatch may use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

11.

The inclusion of advertisements, pointers and hyper links to other web sites operated by third parties are not under the control or the responsibility of DataKatch. A display of advertising does not imply an endorsement or recommendation by DataKatch.

12.

These terms are to be adhered to irrespective of if you subscribe to any of DataKatch's products or services, and are additional to any products or services Terms and Conditions.

13.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, this may include implementing specialised technology, reporting your conduct to the appropriate legal authorities or commencing legal action.