iDissent Pty Limited Terms and Conditions
iDissent Pty Ltd (iDissent/we/our/us) owns and runs the www.iDissent.com.au website (our website/site)
You agree to:
• these Terms, including our disclaimers
You accept our terms, policies and disclaimers when you ask us to provide you with a complaint letter, so please read them carefully. If you don’t agree with them, please don’t use our site. These terms and conditions are subject to change at any time.
1. No Legal Services Provided
You agree that we are not providing to you any legal advice or legal services about your legal rights concerning your complaint. If you require such advice or services, you should not use our writing tools and must retain a lawyer.
You have told us what you want to resolve your complaint. We do not give advice as to any amount, product or service to which you may be entitled, nor what is necessary to prove such entitlement.
Any commercial outcome offered to you as a result of your complaint is at your risk and solely for you to decide upon.
You acknowledge that any reference to consumer rights, principles or laws in the complaint letter and writing tools is a generic reference to such rights and we have not considered or applied the law to the facts of your complaint. If you require such advice or services, you should not use our writing tools and must retain a lawyer.
2. Understanding your obligations
• assign or transfer your rights unless we agree in writing beforehand
• adapt our writing tools we make available to you for any other use and in any way, including for any commercial purpose, or give them to any other person for any use whatsoever.
You acknowledge our ownership of our writing tools and resources when you download a complaint letter for your personal use.
If you breach our terms or policies, we may take action against you for breaching our intellectual property ownership rights.
3. Why can I only use your writing tools for my personal use?
We own the intellectual property in our writing tools.
When you pay our required fee we will supply you with a complaint letter.
You agree to
• only use our complaint letter for your subsequent personal use in resolving the complaint
• not copy, record, stream or distribute or assign our writing tools in any form to another person or entity other than the person or entity to whom you are complaining.
Our intellectual property liscence use conditions
We grant you a non-exclusive, non-transferrable licence to use our complaint letter only for your subsequent personal use in resolving the complaint.
This liscence does not give you the right to:
• use, adapt, amend (unless to complete any information to be completed by you), reproduce, or communicate our writing tools to any other person or entity
• record or stream, or manufacture, sell, hire or otherwise assign our intellectual property in any form or otherwise exploit it in any way
• post our writing tools on any website or social media platform other than for the express purpose of lodging your complaint
• perform any act that violates our intellectual property rights.
4. Pricing and invoicing
Our prices are shown in Australian dollars including GST (goods and services tax)
In the rare event that we decide not to process your request for a complaint letter, we’ll give you a full refund.
4. What are the rules for site conduct?
Avoiding harmful content
You agree that you will not use our site to upload, post, email or otherwise transmit:
• content that is illegal, threatening, abusive, defamatory, libellous, harmful, obscene, actionable or legally objectionable
• content that invades another’s privacy
• content that breaches intellectual property rights, including ours or another’s patents, trademarks, trade secrets, moral rights, copyright or publicity
• unsolicited promotional material, junk mail, spam, chain letters, pyramid schemes, or political campaigning material
• content with software viruses or computer codes, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of software or hardware.
Protecting our site’s functionality
You also cannot:
• copy, store or host material with, or linked to, malicious computer software such as spyware, computer viruses, Trojan horses, worms, keystroke loggers or rootkits
• subvert our website functionality or not follow its requirements, procedures and policies or those of the networks it’s connected to
• do any systematic or automated data collection like scraping or data mining, extraction and harvesting without our written consent.
Using email appropriately
In supplying our email addresses on our site, we do not consent to you sending unsolicited emails to us.
You also cannot:
• use a false email address, impersonate any person or entity on our website, or otherwise mislead others as to the origin of our website content
• falsely state or misrepresent an affiliation with us or another
• harass our directors, our staff or another user of our website
• impersonate a person or an entity, including impersonating our officers, directors, affiliates, staff, contributors, independent contractors, representatives, third party content providers and licensors.
5. What happens if I post or comment on the site?
Managing your content
You agree that:
• you own or control the rights to any content you post on our site
• the content is accurate
• the content doesn’t breach our terms.
If you post anything on any public areas of our site, that gives us a non-exclusive, royalty free, perpetual, irrevocable right and license (and consent) to use, reproduce, adapt, publish, translate, distribute, display and remove that content.
Monitoring posted content
We may not regularly review posted content. We can monitor our site, including any forum, but you agree that we are not obliged to do this.
We’re not obliged to keep any public postings, comments or entries confidential. We’re also not liable for any such use or disclosure worldwide.
Submitting content as a registered user
User content is material you submit to our website like a document, text or image. We can remove such material without telling you.
You cannot submit material to our website that is or has been the subject of any threatened or actual legal proceedings.
Linking to our site
Please contact us if you’d like to link to our site. However, you can’t use our trademarks or name unless we agree in writing.
You also can’t modify our website, or frame or reformat its files, pages, images, information and materials on another site.
We’re not liable for, and you indemnify us against, any loss, damage or expense from you linking to our website.
We can stop linking by letting you know we’re going to do so.
6. What are the disclaimers?
Using at your own risk
You use our writing tools at your own risk. We cannot guarantee that our complaint letter will achieve your desired outcome and are not liable if it does not. We are not providing legal advice or services.
We’re not liable for any loss or damage of any kind, however caused (including by negligence), through you using our writing tools.
We’re also not liable if your computer system, software or data is damaged or interfered with because you use our site.
This disclaimer applies to us, our officers, directors, affiliates, staff, contributors, independent contractors, representatives, third party content providers and licensors of our website content, products and services.
Accepting loss or damage
This disclaimer covers loss or damage because:
• you rely on our writing tools
• there is a website failure, error, omission, interruption, deletion or defect; we do not correct a defect; a computer virus or a component causes damage; or data is lost
• there is a delay in site operation or transmission, or a communication line fails
• issues arise from e-commerce transactions such as wrong credit card details or incomplete or delayed transactions.
It also covers loss or damage because:
• a third party acts illegally, like by hacking, stealing, destroying content, or accessing or altering records
7. How about liability and indemnity?
Our total liability to you (if any) under our website terms and conditions for loss, damage or reliance is limited to resupplying our writing tools to you.
We will not be liable for lost profits, lost data, business interruption or other damages including, but not limited to, consequential, special or indirect damages.
Indemnifying us against loss
You agree that you indemnify us from and against any action, liability, cost, loss and damage (including legal fees) that you, we or a third party suffers because you or your agents:
• breach our website terms, disclaimers and policies
• infringe our intellectual property rights or those of a third party linked on our website
• have a dispute with a third party from using our website
• break the Australian laws and regulations that apply.
Complying with the law
The laws of New South Wales and Australia govern our terms and policies. If any part of them is found to be invalid or unenforceable, it will be removed without affecting the rest.