Terms and Conditions / End User Licence Agreement (EULA)
By subscribing to or using Digital Solutions Online (herein referred to as DSo), you agree to the following:
If you believe your rights under the EULA have been infringed upon, please contact Podunk Computers.
- Podunk Computers provides the DSo software and text book resources on a paid annual subscription basis from February 1st to January 31st the following year. The subscription allows a registered organisation such as a school, university, business or company (the "user") to create an unlimited number of accounts for students and staff that are employed by or enrolled in the user's organisation (who then act as and on behalf of the "user" for the purposes of these terms and conditions). If the user's subscription expires and remains unpaid, 30 days grace will be granted before the account is closed. Use or attempted use of DSo without an authorised subscription is forbidden.
- Podunk Computers guarantees 99.7% uptime for DSo but does not guarantee that the site will work in all browsers or on all systems. Podunk Computers makes no guarantee in regards to the speed of access to DSo.
- Podunk Computers guarantees that the user's access to DSo during an annual subscription will not be terminated, excluding technical issues outside the control of Podunk Computers.
- Podunk Computers guarantees the content of DSo will not be removed during an active subscription. Changes to DSo will only be made where the change corrects an error, enhances DSo or adds value to DSo.
- Users may not replicate, republish or mirror any part of DSo without express written consent from Podunk Computers.
- DSo is provided "as is". Podunk Computers hereby disclaims solely to the extent permitted by law all express, implied and statutory warranties, conditions and terms including, without limitation, those regarding the security, reliability, timeliness, and performance of DSo. Podunk Computers is not responsible for any damage caused to hardware, software or data caused by using DSo. No responsibility is undertaken for data security and data integrity for files created with or used in DSo.
- You acknowledge that Podunk Computers owns all right, title and interest in and to DSo, portions thereof, and software provided through or in conjunction with DSo, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trade mark law, unfair competition law, and any and all other proprietary rights whether or not capable of registration, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. Unless in accordance with a provision of the Copyright Act 1968 (Cth) (which by law may not be effectively excluded), you must not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from DSo, or to extract significant portions of DSo's files for use in other applications. You also agree to not remove, obscure, or alter Podunk Computers's copyright notice, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through DSo. DSo and Podunk Computers are not endorsed by or affiliated with Education Queensland, the Department of Education and Training, The Learning Place, the Queensland Government, the Queensland Curriculum and Assessment Authority, or any other state or federal government or its agency. All intellectual property and copyright related to DSo is solely that of Podunk Computers.
- Content created by DSo users (including, but not limited to, web sites, scripts, code, databases and images) remains the property of the user, during and after subscribing to DSo. The user is responsible for ensuring all content created and published within DSo or made available on any subdomain *.dso.net.au or *.ipto.com.au is legally allowed to be published. Any breaches of legislation or organisational guidelines relating to content created or published by users is wholely the responsibility of the user. The user accepts that content published through DSo may be accessible publicly and the user will take all necessary precautions when publishing content. You accept that user content can be deleted at any time for breaching any legislation or guideline. You accept that you are responsible for downloading or making a copy of user work that you wish to keep before a subscription expires. Podunk Computers makes no intellectual property claim over content published through DSo, and accepts no liability for user content.
- Nothing in these terms and conditions shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees or for any other liability which may not by law be excluded.
Subject to anything stating the contrary in these terms and conditions, neither party shall be liable in contract, tort (including, without limitation, negligence), for pre-contract or other representations (other than fraudulent misrepresentation) or otherwise arising out of or in connection with these terms and conditions for:
(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);
(b) any loss of goodwill or reputation; or
(c) any special, indirect or consequential losses;
in any case, whether or not such losses were within the contemplation of the parties at the date of acceptance of these terms and conditions.
Where conditions, warranties or other rights are implied in these Terms and Conditions or otherwise conferred by the Trade Practices Act 1974 (Cth) or other laws, and it is not lawful or possible to exclude them, then those conditions, warranties or other rights will (but only to the extent required by law) apply to these Terms and Conditions. Other than as set out in these Terms and Conditions, all implied conditions, warranties and rights are excluded from these Terms and Conditions to the extent permitted by law.
At its option, Podunk Computers's liability for breach of implied conditions or warranties is limited, to the extent permitted by law to:
(a) If the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired; and
(b) If the breach relates to services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
Under no circumstances shall Podunk Computers be liable to any user on account of that user's misuse of DSo and neither party shall be liable for any matter which is outside that party's reasonable control.
- These Terms and Conditions will be governed by and construed in accordance with the laws of Queensland, Australia and you and Podunk Computers hereby submit to the Queensland courts in respect of any dispute or matter arising out of or connected with these Terms and Conditions. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Podunk Computers.
- Podunk Computers reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified, upon renewal of any subscription. Please review the most current version of the Terms and Conditions from time to time, located at https://www.ipto.com.au/about/eula.html (or such successor URL as Podunk Computers may provide), so that you will be apprised of any changes.
We are bound by the Privacy Act 1988 (Cth) ('Privacy Act') and will protect your personal information in accordance with the Australian Privacy Principles. These principles govern how we can collect, use, hold and disclose your personal information, as well as ensuring the quality and security of your personal information.
We collect this information to provide you with the best service possible. It allows us to assist in your enquiries, provide you with access to DSo, and helps us manage the website. We collect personal information directly from you, and general information electronically. We do not collect information about you or your school from other people or organisations. We may use your information to comply with legislative or regulatory requirements in any jurisdiction, prevent fraud, crime or other activity that may cause harm in relation to our products or services. We will not send marketing information to student or teacher users, however the nominated school administrator may from time to time receive updates and marketing information for DSo. We will not disclose any of your information to any third party unless we are required or authorised by law or where we have a public duty to do so.
All of the information we hold about you will be stored electronically. All billing information and invoicing is handled through PayPal.com and therefore this information is stored according to PayPal's policies (likely in overseas secure data centres). Our billing is Payment Card Industry Data Security Standard (PCI DSS) compliant. All personal information, information about your users, and content created by your users is stored in secure data centres which are located in Brisbane and Sydney, Australia, owned by BinaryLane, where physical access to the servers is not permitted to unauthorised persons and data is stored on secure Kernel-based Virtual Machines (KVM). Employee access to information systems is controlled through identity and access management, and employees are bound by internal information security policies and are required to keep information secure. Passwords are stored using 128 bit MD5 encryption. Information uploaded by your users is accessible by that user, all teachers at the school and the school administrator. Ultimate responsibility for the legality of information uploaded by your users rests with the school administrator or a nominated person at the school such as the Principal.
You can request access to the personal information we hold about you. You can also ask for corrections to be made. There is no fee for requesting that your personal information is corrected or for us to make corrections. There are some circumstances in which we are not required to give you access to your personal information, in which case we will give you a notice explaining our reasons except where it would be unreasonable to do so, and you have the right to request that a statement be associated with your personal information noting that you disagree with its accuracy. Under the Privacy Act you may complain to the Office of the Australian Information Commissioner about the way we handle your personal information. If you are concerned about how your personal information is being handled or if you have a complaint about a breach by us of the Australian Privacy Principles, please contact us.