Privacy
1. General Privacy Policy Matters
We take the privacy of our users very seriously. This Privacy Policy is a part of our Terms of Use and it describes our policies on the collection, use, and disclosure of information about you in connection with your use of our products and/or services, including those offered through our websites, emails, and mobile applications (collectively, the "Site"). The terms "we", "us", "our" and "Docomaker” refers to Docomaker, a business name registered in Australia.
2. Information We Collect
We collect and store information from or about you:
a) When you directly provide it to us. This happens when you:
register for our email list (e.g., your name, email address and country of residence);
purchase services or products (e.g., the billing information associated with your debit/credit card). Please note that we do not store credit/debit card numbers. If you make a payment through our Site, your credit/debit card information may be stored by a third-party payment processor.
complete contact forms, request newsletters or other information, or participate in forums, live streaming interactive events and give feedback;
make public contributions to the Site (e.g., when you interact with third parties through the Site or post a review); or
otherwise participate in activities we promote that require information about you.
b) Automatically, when you use and interact with the Site. Automatically collected information includes:
your general activity on the Site (e.g., your viewing history and search activity, including the date and time the Site was used);
identifiers such as an anonymised session identifier;
your geographic location. We use this data to provide you with location-based services (such as advertising and personalized content). Most mobile devices allow you to control or disable the use of location services for applications in the device's settings;
website traffic volume, frequency of visits, and type and time of transactions you initiate through the Site;
information regarding your interaction with email messages (e.g., whether you opened, clicked on, or forwarded an email message);
your Internet Protocol (IP) address;
the type and settings of the device, operating system, and browser used to access the Site;
websites you visit before and after using the Sites; and
other information gathered through cookies and similar technologies (for more information about how we use cookies, please refer to our Cookie Policy.
c) From other sources. We may also receive information about you through:
Service Providers. We may also receive information about you from our service providers and business partners, including companies that assist with payment processing, analytics, data processing and management (e.g. to measure ad quality and responses to ads, and to display ads that are more likely to be relevant to you), hosting, customer and technical support, and other services which we use to personalize your Site experience.
3. How We Use Your Information
We use information about you for several general purposes, including to:
operate, maintain, and optimize the Site;
improve the quality and types of services that we deliver;
diagnose problems with and identify any security risks, errors, or needed enhancements to the Site;
respond to questions, comments or other requests and provide you with technical support;
support the tracking and recovery of your Docomaker and/or other products;
contact you for feedback or conduct research about Docomaker’s customer base or Site;
to provide you with information regarding our products and services;
process payments and provide you with the services you've paid for or requested;
notify you of technical updates or changes in policy;
understand and analyze how you use our Sites and what products and services are most relevant to you. We may provide you with these materials via online social platforms, websites, phone, text/SMS, postal mail, facsimile, or email, as permitted by applicable law;
collect aggregate statistics about use of the Site
analyze and develop our marketing strategy; and
to provide data and analytics to research companies and marketers, as described in Section 5 of this Privacy Policy.
4. Tracking Technologies and Cookies
We use cookies and similar technologies (such as action tags, also known as beacons, or pixels tags) for a number of purposes, including to remember preferences, track conversions, improve your online shopping experience, conduct marketing and promotional efforts, analyze site traffic and trends, and generally understand the online behaviours and interests of people who interact with our Site. For more information about how we use cookies, please refer to our Cookie Policy.
We may use third-party advertising companies to serve advertisements on our behalf. These companies may use a cookie or an action tag to tailor the advertisements you see on this website and other sites, to track your response to their advertisement, to determine whether advertising has been served and to measure the effectiveness of their advertising.
We use third-party analytics service providers to assist us in collecting and understanding website usage information. We use information from these services to help us improve our website and the services we provide to our users.
By using the Site, you agree to our use of these tracking technologies.
5. Sharing
We may share information about you with the following third parties:
Service Providers. We share your personal data as necessary for any third party to provide services associated with the Site, including to provide measurement and analytic services. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent).
Advertisers. We allow advertisers and associated third parties to collect and use information they need to confirm that their ads are properly served and to measure the success of their campaigns on websites and apps. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Docomaker related websites within their networks. This practice is commonly referred to as "interest-based advertising" or "online behavioural advertising". If you prefer that we do not share your personal data with third-party advertising partners, you may opt-out of such sharing at no cost by following the instructions in Section 9 below.
Business Partners and Affiliates. We may disclose your personal data to our business partners and affiliates with whom we have contracted to provide you with products or services that may be of interest to you. For example, your personal information may be shared with business partners with whom we jointly offer products and services. We require our business partners and affiliates to agree in writing to maintain the confidentiality and security of the personal data they obtain on our behalf.
Other Users. Information in reviews you post will be accessible by other users of the Site.
Corporate Affiliates. We may share information with our corporate affiliates, parents and/or subsidiaries.
Others with Your Consent. We may ask for your explicit consent to share certain information with third parties.
We may also share information about you in the following contexts:
Pursuant to an Investigation. We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Site; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public.
Pursuant to a Business Transfer. We may share information from or about you with our parent companies, subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honour this Privacy Policy. If another company acquires Docomaker or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.
As Anonymised Data. We frequently aggregate personal data in a way that makes it impracticable to use that data to identify a particular person; we also sometimes maintain individual data records with personal identifiers removed, and maintain in a manner in which it is impracticable to relink it to any particular individual. In this Privacy Policy, we refer to such data as "Anonymised Data" and do not consider it to be personal data. We may use Anonymised Data in order to create statistical information regarding the Site and its use, which we may then share with third parties.
6. Social Media Features and Widgets
Our Site may integrate with social sharing features or other related tools which let you share actions you take on our Site with other apps, sites or media, and vice versa. These features may enable the sharing of information with your friends or the public, depending on the settings you establish with the social sharing site. For example, you may click on a Facebook "like" button, which publishes to your Facebook account that you "like" one of the pictures or items featured on the Site. These features may also collect your IP address and which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Your interaction with these features are governed by the privacy policy of the relevant social sharing site. Please refer to the privacy policies of those social sharing sites for more information. As stated above, we cannot control Site visitors' and users' use of any such information or content you choose to make available publicly.
7. "Do Not Track" Signals
Please note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services you visit. The Site does not alter its practices when it receives a "Do Not Track" from a visitor's browser.
8. Controlling Your Personal Data
In order to process your personal data, we rely on your consent or our legitimate interests to process your data. You may withdraw your consent or object to the use of our personal data at any time, but you may no longer be able to access the Site.
Other users may be able to identify you, if you include personal data in the content you post publicly. We are not responsible for, and this Privacy Policy does not apply to, information you choose to post publicly.
Please note that the Site may contain links to unaffiliated third-party sites. We suggest you read the privacy policies on or applicable to all such third-party services.
You can adjust your privacy settings by contacting us. If you receive a marketing email from us, you can unsubscribe from such emails at any time by following the instructions provided within those emails.
To control cookies, you can modify your settings in most web browsers to accept or deny cookies or to request your permission each time a site attempts to set a cookie. You can also manually delete previously stored cookies at any time. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings. See our Cookie Policy here.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs.
Please note that if you choose to block cookies, doing so may impair the Site or prevent certain elements of it from functioning.
9. Data Retention
You can update, correct or delete personal information (e.g., your email address) by emailing: hello@docomaker.com
Please note that we have the right to reject deletion requests that are unduly burdensome or repetitive or that cannot be honoured in light of legal obligations or ongoing disputes, or where retention is necessary to enforce our agreements or protect our or another party's rights, property, safety, or security. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Site or to comply with legal obligations. The time-period for which we keep information varies according to the information's use. In some cases, there are legal requirements to keep data for a minimum period. Unless there is a specific legal requirement for us to keep the information, we plan to retain it for no longer than is necessary to fulfil a legitimate business need.
10. Children
The Site is not directed to children under 16 and children under 16 are not permitted to use the Site. We do not knowingly collect personal data from children under 16. If you become aware that a child has provided us with personal data without parental consent, please contact us (see "Contact Information"). If we become aware that a child under 16 has provided us with personal data without parental consent, we take steps to remove such information.
11. Security
We use commercially reasonable efforts to follow generally accepted industry standards to protect the personal data submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect information about you, we cannot guarantee its absolute security.
12. Location of Data and Transfers of Information
This website is owned and operated by Docomaker, which is located in Australia. Please note that personal data will be processed in the cloud by our cloud service providers which offer sufficient guarantees to implement appropriate technical and organizational safeguards that meet the GDPR's standards. We have a data processing agreement in place with our cloud service providers consistent with the requirements of the GDPR and, in the event of any unauthorized access to, or use of, personal data, the appropriate authorities will be notified. All information is transmitted to us by our cloud service providers will be handled and protected under the terms of this Privacy Policy.
13. Modifications to this Privacy Policy
We may occasionally update this Privacy Policy. You can see when it was last updated by looking at the effective date at the bottom of this page. If we make any significant changes we'll post them prominently on our website and notify you by other means as required by law. Your continued use of the website after a revision to the Privacy Policy indicates your acceptance and agreement to the current Privacy Policy. We recommend that you periodically review the Privacy Policy to make sure you understand and are up-to-date on how we're keeping your information safe.
14. GDPR - European Grounds for Processing Personal Data
The following sections applies if you are based in the European Economic Area (EEA) during your interactions with us and sets out the additional information that we are required to provide to you under the GDPR.
Under European data protection law, use of personal information must be based on one of a number of legal grounds and we are required to set out the grounds in respect of each use. We can only process personal data when the processing is permitted by the specific legal ground set out in the law.
In the table below, we have set out the relevant grounds that apply to each purpose of data processing that is mentioned in this Privacy Statement. You can find an explanation of each of the legal grounds for use of personal information below.
Purposes of the data processingBases of useTo enable you to access and use our application and website.
contract performance
legitimate interests (to allow us to perform our obligations and provide services to you)
To provide you with information about the application and website.
contract performance
legitimate interests (to allow us to perform our obligations and provide services to you)
To operate, protect, improve and optimise our application, business and our users’ experience, such as to perform analytics, and conduct research;
contract performance
legal obligation
legitimate interests (to allow us to correspond with you in connection with our services)
To ensure content is relevant, including ensuring that content from our applications and websites are presented in the most effective manner for you and for your device.
contract performance
legitimate interests (to allow us to provide and improve our services)
To administer surveys or other activities or events managed by us.
consent (which can be withdrawn at any time)
We may also combine the information that we collect and hold about you for the purposes of creating insights about you and customer segmentation.
contract performance
legitimate interests (to allow us to perform our obligations and provide services to you)
To comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.
contract performance
legal obligation
legal claims
legitimate interest (to allow us to guard against fraud and other unlawful activity)
15. Sensitive Personal Information
Under the GDPR, certain categories of personal information are considered particularly sensitive and need higher protection. These categories include information about health, racial or ethnic origin, political opinions, religious beliefs, trade union membership or your sexual orientation and genetic and biometric data. Information concerning criminal convictions and offences is also viewed as sensitive under the GDPR.
We will collect and handle such sensitive personal information, for example, wellbeing notes, education history, career management notes, employment history, ethnicity, family heritage, religion, integrity incident history and management, date of birth and mailing address details.
We will obtain your consent when collecting and handling this type of personal information, either from the organisation or entity that is using our application or in some cases, directly from you. We will do this unless we are otherwise permitted to process such personal information under the GDPR or the laws of the EU member state in which you are based.
16. Other Rights Available Under European Law.
If you are based in the EEA during your interactions with us in addition to the rights outlined above, under certain conditions, you may have the right under the GDPR to ask us to:
provide you with further details on how we use and process your personal information;
delete personal information we no longer have grounds to process; and
restrict how we process your personal information whilst we consider an inquiry you have raised.
In addition, under certain conditions, you have the right to:
where processing is based on consent, withdraw the consent;
lodge a complaint with a supervisory authority;
object to any processing of personal information that we process on the “legitimate interests” or “public interests” grounds, unless our reasons for the underlying processing outweighs your interests, rights and freedoms; and
object to direct marketing (including any profiling for such purposes) at any time.
You can exercise these rights by contacting us. These rights are subject to certain exemptions to safeguard the public interest and our interests. We will respond to most requests within 30 days.
17. Retention Period Under GDPR
Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. When personal data is no longer needed, we either irreversibly anonymise the data (and we may further retain and use the anonymised information) or securely destroy the data.
18. Disclosure of Information Outside the EEA.
Where we transfer personal information from inside the EEA to outside the EEA, we may be required by law to take specific measures to safeguard the relevant personal information. Certain countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections to EEA data protection laws and therefore no additional safeguards are required to export personal information to these jurisdictions. In countries which have not had these approvals, we will use appropriate safeguards to protect any personal information being transferred, such as EU Commission-approved model contractual clauses or binding corporate rules permitted by applicable legal requirements.
19. GDPR - Legal Grounds for use of Personal Information.
Use of personal information under the GDPR must be justified under one of a number of legal bases or grounds and we set those out here. The principle legal grounds that justify our use of your personal information are as follows:
Consent: where you have consented to our use of your information (you may withdraw your consent by emailing us).
Contract Performance: where we are required to collect and handle your personal information in order to provide you with the services that we have contractually agreed to provide to you.
Legal Obligation: where we need to use your personal information to comply with our legal obligations.
Vital Interests: where we need to process your personal information in order to protect the vital interests of you or another natural person, e.g. where you require urgent assistance.
Public Interest: where we need to process your personal information in order to carry out a task that is in the public interest.
Legitimate Interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.
Public Interest in Area of Public Health: where we need to process your personal information for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health, set out in EU law or the laws of the member state in which you are based.
The legal grounds for our use of the sensitive categories of personal information are:
Consent: where you have explicitly consented to our use of your personal information. You may withdraw your consent to the use of your personal information.
Vital Interest: where we need to process your personal information in order to protect the vital interests of you or another natural person where you or the other person is physically or legally incapable of giving consent.
Legal Claims: where your personal information is necessary for us to establish, exercise or defend any legal claims.
Substantial Public Interest: where we need to process your personal information for reasons of substantial public interest set out in EU law or the laws of the member state in which you are based.
Public Interest in Area of Public Health: where we need to process your personal information for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health, set out in EU law or the laws of the member state in which you are based.
20. Contact Information
If you have any further questions regarding our privacy practices or information about you, please feel free to contact us by emailing: hello@docomaker.com
21. Effective Date of this Privacy Policy
This Privacy Policy was first published on 01 February 2020.
PLEASE READ THESE TERMS OF USE CAREFULLY:
If you disagree with any part of these Terms of Use, please refrain from using our Site. We may update these Terms of Use from time to time and may condition your continued use of our Site on your agreeing to those revised terms.
The terms “Docomaker", "us", "our" or "we" refers to Docomaker, a business registered in Australia, the owner of this Site. The term "you" refers to you, as a User of our Site.
By continuing to browse or use this website or any mobile application or services made available through Docomaker (collectively, the "Site"), you are agreeing to comply with and be bound by the following terms and conditions of use (the "Terms of Use" or "Terms"), which together with our Privacy Policy govern Docomaker relationship with you in relation to the Site.
1. The Site
Eligibility. To access or use the Site, you must be 16 years or older and have the power and authority to enter into these Terms. If you are 16 or older, but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these terms with your parent or guardian to make sure that the both you and your parent or guardian understand and agree to these Terms. You agree to have your parent or guardian review and accept these terms on your behalf. If you are a parent or guardian agreeing to these Terms for the benefit of a child over 16, then you agree and accept full responsibility for that child's use the Site, including all financial charges and legal liability that he or she may incur.
Permission to Use the Site. We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk.
Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
2. General Terms
Privacy Policy. We care about your privacy. You can read our Privacy Policy here.
Payment Processor. Charges for future purchases on this Site are processed by a third party payment processor and are subject to their additional terms and conditions. All purchases will be made in accordance with our Delivery and Returns Policy.
Your Information Is Accurate. You represent and warrant to us that any information you provide to Docomaker, including any contact information, is accurate and that you will keep it accurate and up to date. If you do not wish to input certain information due to personal concerns, then please omit this information when you register for and use the Site.
Communications from Docomaker. By entering contact details, you agree to receive communications we send in connection with the Site. For example, you may receive occasional updates about news, special promotions, content and events. Such communications may be sent by email, text message, social media messaging, browser notifications or other means. So long as you have shared your contact details on the Site, we reserve the right to communicate with you about important administrative issues relating to you (including technical, security-related, privacy and functional issues).
Mobile Phone Use. You are responsible for all fees charged by third parties to access and use the Site (e.g., charges by telephone service providers ("Carrier"), etc.). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Site (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.
3. Content
General. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, testimonials, compliments, invitations, check-ins, messages, and information that you publicly display. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. “Docomaker Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Docomaker or Users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Docomaker Content.
Your Content. You retain all of your ownership rights in Your Content. However, we may use Your Content in several different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms and any other media channel now known or hereafter discovered or developed ("Other Media"); which use may occur while you are a user or anytime thereafter. Your Content may be made public without any additional notice to or consent by you and you should assume that any person may read Your Content. Even if Your Content is removed from the Site, Docomaker may retain Your Content in backups indefinitely and Your Content may be cached in search engine indices after removal and Docomaker has no control over such caching. By submitting Your Content to Docomaker, you hereby grant Docomaker a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any Other Media. You also hereby grant each user of the Site a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these Terms of Use. You irrevocably waive, and cause to be waived, against Docomaker and users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, prepare derivative works and otherwise exploit Your Content.
Docomaker Adventure Content. Unless stated otherwise, we own the Docomaker content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. Unless stated otherwise, we also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Docomaker Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, alter, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the Docomaker content in whole or in part except as expressly authorized by us in writing.
Trademarks. “Docomaker", the “Docomaker" logo and all other names, logos, and icons identifying Docomaker and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks of Docomaker and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of Docomaker is strictly prohibited, and nothing stated or implied on the Site confers on you any license or right under any trademark of Docomaker or any third party.
4. Billing and Payment
Pricing. All prices are shown in USD and AUD (except where otherwise noted); taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Taxation. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of the Site (including, without limitation, any Taxes that may become payable as the result of your financial transactions on the Site.
Errors. We attempt to be as accurate as possible and eliminate errors on the Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such errors and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged.
5. Usage
Prohibited Activities. You agree not to, and will not assist, encourage, or enable others to:
Violate these Terms of Use;
Attempt to gain unauthorized access to the Site, computer systems or networks connected to the Site through hacking, password mining or any other means;
Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
Termination of Use; Discontinuation and Modification of the Service. We reserve the right to modify or discontinue the Site at any time (including, without limitation, by limiting or discontinuing certain features of the Site) without notice to you. We will have no liability whatsoever on account of any change to the Site.
6. Feedback
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Docomaker and its users any claims and assertions of any moral rights contained in such Feedback.
Please note, we cannot accept liability for loss of any unsolicited material which you send us. If you do send us any materials (including programme ideas, formats, taster tapes, showreels), please be aware that your submitted material may contain ideas which are the same or similar to ideas which have already been independently developed by us or other third parties and so you expressly understand and accept when sending unsolicited material to us that we may have already independently developed or acquired ideas without use of your submitted material or may do so in the future. In such event, there will be no breach of your copyright or confidentiality.
7. Third Parties
Linked Sites. The Site may include links or access to other web sites or services ("Linked Sites") solely as a convenience to users. Docomaker does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Docomaker makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT Docomaker WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE, INCLUDING ADVERTISERS WHO ARE REVIEWED OR OTHERWISE FEATURED ON THIS SITE.
8. Electronic Signatures and Agreements
You Are Entering Into a Binding Contract. You acknowledge and agree that by clicking on buttons or boxes labeled "I AGREE ...", "I CONSENT ...", "DOWNLOAD", "I ACCEPT ..." or such similar links as may be designated by Docomaker to accept the terms and conditions of these Terms of Use, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms.
9. Warranty Disclaimer
No Warranty. The site is made available to you on an "As is", "With all faults" and "As available" basis. As such, your use of the site is at your own discretion and risk. Docomaker makes no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, Docomaker is not liable to you for any loss or damage that might arise, for example, from the site's inoperability, unavailability or security vulnerabilities.
Third Parties. Docomaker is not an agent of any third party provider. Docomaker makes no claims or promises with respect to any third party, including our information sharing partners or any businesses or advertiser listed on the site. Accordingly, Docomaker is not liable to you for any loss or damage that might arise from the actions or omissions of such third parties, including, for example, if another user or business misuses your content, identity or personal information.
Disclaimer of Warranties. Docomaker expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of Docomaker shall create a representation or warranty. Without limiting the foregoing, Docomaker does not warrant or make any representations (i) that the site and any downloadable software, applications, content, services, or applications made available in conjunction with or through the site will be uninterrupted or error-free, that defects will be corrected, or that the site and any downloadable software, content, services, or applications made available in conjunction with or through the site or the server that makes them available are free of viruses or other harmful components, or (ii) regarding the use of the site and any downloadable software, content, services, or applications made available in conjunction with or through the site in terms of correctness, accuracy, reliability, or otherwise. Any material or data that you download or otherwise obtain through the site is at your own risk. You are solely responsible for any damages to your computer system or loss of data resulting from the download of such material or data.
Remedy. Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the site.
Disclaimer. Docomaker disclaims liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
10. Limitation of Liability
No Liability. Neither Docomaker nor any of its officers, directors, employees, partners, agents, affiliates or licensors shall be liable to you or any other person for any damages whatsoever, including any direct, indirect, incidental, special or consequential damages arising out of or relating to your use of our Site or Content.
Enforceability. If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law.
11. Indemnification
You agree to indemnify us and our officers, directors, employees, partners, agents, affiliates and licensors from all liabilities, claims, and expenses, including attorneys' fees ("Claims"), that arise from your breach of these Terms or your use or misuse of our Site or Docomaker content. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defences.
12. Termination
Unsubscribing. You may unsubscribe from our mailing and contact list by clicking the ‘unsubscribe’ link found at the bottom of any emails we send to you.
Losing Rights to the Site. We may suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing the Site, or any other related information.
Terms Continue After Termination. In the event of any termination of these Terms, whether by you or us, these Terms will continue in full force and effect.
13. Disputes
Governing Law. You irrevocably agree that the Federal courts of Australia will have exclusive jurisdiction to settle any dispute, but Docomaker is entitled to apply to any court worldwide for injunctive or other remedies in order to protect or enforce their respective Intellectual Property Rights and/or Confidential Information.
Limitations of Actions. Any Claim must be brought within six (6) months after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within the six (6) month period, such Claim shall be forever barred.
14. Miscellaneous
Modification of Terms. These terms may be modified by Docomaker from time to time in its sole discretion.
Continuity of Site. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
Entire Agreement. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Waiver. Any failure on Docomaker's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Severability of Terms. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Docomaker’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Notices. Except as explicitly stated otherwise, legal notices will be served, with respect to Docomaker, and, with respect to you, to the email address you provide to Docomaker during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing. Notices to Docomaker concerning these Terms should be sent to: hello@docomaker.com
Last Update. This Terms of Use document was last modified on: 06 June 2024.