Terms of Service
TERMS OF SERVICE
Please read these Terms of Service (“Terms of Service”) carefully before using the dictate.net.au website (“Services”). Your access to and use of the Services is conditional upon your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors and users of the website, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content. By accessing or using any part of this website, placing an online order, or placing a phone order, you agree to be bound by these Terms of Service, including those additional terms and conditions referenced herein or available by hyperlink. Any new features or tools which are added to the current store on our website will also be subject to the Terms of Service. If you do not agree to all of the Terms of Service, then you may not access the website or use any services.
Throughout this website, the terms “we”, “us” and “our” refer to Dictate Australia Pty Ltd, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Use of the Services
By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state or territory of residence, or if you are not at least the age of majority that you have received your parent’s or guardian’s permission to use the Services and your parent or guardian agrees to these Terms of Service on your behalf.
If you are agreeing to these Terms of Service on behalf of an organisation or entity, you represent and warrant that you are authorised to agree to these Terms of Service on behalf of that organisation or entity and to bind them to these Terms of Service.
You will only use the Services for your personal, non-commercial use, and only in a manner that complies with all laws that apply to you. You may not use our products for any illegal or unauthorised purpose and neither may you, in the use of the Service, violate any laws in your state or territory (including but not limited to copyright laws).
Your use of the Services is subject to the following additional restrictions: You represent, warrant and agree that you will not use the Services in a manner that (a) infringes or violates the intellectual property rights or any other rights of anyone else; (b) violates any law or regulation; (c) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable; (d) attempts, in any manner, to obtain the password, account, or other security information from any other user; (e) violates the security of any computer network, passwords or security encryption codes.
The materials displayed or performed on the Services are protected by copyright and other intellectual property laws. You acknowledge that all intellectual property rights (including without limitation, copyrights, patents, trademarks, and trade secrets) in the Services are owned by us or our affiliates or licensors. Your possession, access, and use of the Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. You promise to abide by all copyright notices, trademark rules and information contained in any content you access throughout the Services.
You understand that we own the Services. You agree that you will not modify, publish, transmit, reproduce or create derivative works based on the Services.
Grant of Licences
We grant you a limited, revocable, non-transferrable, non-exclusive licence, without the right to sub-licence, to install and use the Dictate Australia Pty Ltd technology, in accordance with the technical specifications and applicable End User Licencing Agreements detailed on our website, on macOS and Windows PC desktop computers and laptops that you own or control solely for: (a) your personal or internal business purposes; and (b) as permitted by these Terms of Service. These Terms of Service will also apply to any software updates or upgrades provided by us that replace or supplement the original version of the Dictate Australia Pty Ltd technology you download, unless such updates and/or upgrades are accompanied by a separate licence. The Dictate Australia Pty Ltd technology may contain open source software components, each of which has its own copyright notice requirements and own licence conditions. These components are subject to the terms of third party open source licences.
We will provide the Services in accordance with the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). These Terms and Conditions are to be read in conjunction with your statutory rights pursuant to the Australian Consumer Law.
We reserve the right to refuse service to anyone for any reason, so far as is permittable by law.
You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks and devises. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
Accuracy, completeness and timeliness of information
We are not responsible if information made available on this website is not accurate, complete or current. The material provided on this site is for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on material on this website is at your own risk.
Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part of the Service, without notice at any time.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through this website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns policy or as otherwise permittable by law.
We have made every effort to display as accurately as possible the colours and images of the products that appear at the store. We cannot guarantee that your computer’s monitor’s display of any colour will be accurate.
We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Optional third-party tools
We may provide you with access to third-party tools over which we neither monitor or have any control over or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools.
We may also, in the future, offer new services and/or features through the website. Such new features and/or services will also be subject to these Terms of Service.
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Please refer to our Returns Policy on our website accessible at dictate.net.au/warranty-return-policy for information about refunds, repair or replacement of faulty products.
Disclaimer of warranties
You assume responsibility for the selection of Voicerecognition.com.au Pty Ltd products and services to achieve your intended results and for the installation and use of, and results obtained from, our Services. We do not warrant that the functions contained in our Services will be uninterrupted or error free. We do not warrant that the functions, products or services contained in our Services will be compatible with any third-party applications, software or hardware.
To the fullest extent permitted by law:
- we do not make any representations or warranties concerning any products, software, services, information or content contained in or accessed through the Services.
- We will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
- We make no representations or warranties regarding suggestions or recommendations of services or products that might be offered or purchased through the Services.
- Products are provided “as is” and without any warranty of any kind from us, unless a separate written warranty is provided expressly for a specific product or service.
- The Services are provided on an “as is” basis, without warranties of any kind, including without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
Limitation of Liability
To the fullest extent permitted by law:
- We (including without limitation our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors) will not be liable to you or any other person or entity for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind (including without limitation, lost profits, loss of goodwill, replacement costs, work stoppage, accuracy of results or failure or malfunction of any device connected to the Services) whether based in contract, tort or otherwise, arising from your use or inability to use any product or service procured using the Services.
You agree to indemnify and hold Dictate Australia Pty Ltd and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, licensors and partners harmless for and against any and all claims, liabilities, damages (whether actual or consequential), loss and expenses (including legal fees) arising from or in any way related to any third party claims relating to: (a) your use of the Services (including any actions taken by a third party using your account) and (b) your breach of any of these Terms of Service or rights of a third-party.
These Terms of Service are effective unless and until they are terminated by us or you. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
We may terminate or suspend access to our Services without prior notice, for any reason whatsoever, including without limitation if you breach these Terms of Service.
The obligations and liabilities of the parties incurred prior to the termination of these Terms of Service will survive the termination of these Terms of Service.
Governing law and jurisdiction
These Terms of Service and any separate agreements where we provide you Services will be governed and construed in accordance with the laws of the Commonwealth of Australia and the State of Queensland.
If for any reason a clause of these Terms of Service is deemed by a Court of Law to be unlawful, void or unenforceable, such clause will not affect the validity and enforceability of the other remaining clauses of these Terms of Service.
Should you have any questions in relation to these Terms of Service, please contact us at: dictate.net.au/contact-us.