d2 (digital & direct)

By accessing and using the d2 website ('www.d2marketing.com.au'), you agree to be bound by the following terms and conditions ('Terms'). Accordingly, you should review them in relation to all or part(s) of the website.

Your access to and use of the website is also subject to d2's online Privacy Policy.

Use of website content

Subject to the absolute right of d2 to vary access to all or any part(s) of the website at any time without notice to you, you may:

• view the materials displayed on the website, including (without limitation) all information, text, graphics, videos, data, names, logos, trademarks, design, software and advertisements ('Materials);.
• access the Materials contained in the website.
• use the website strictly in accordance with these Terms.

If you wish to download and use a single copy of any website Materials for a temporary, non-commercial personal purpose (such as viewing offline), you may do so.

Downloading any website Material for the purpose of a reproduction, distribution, broadcast or a re-communication by you is strictly prohibited and may only be done upon receipt of prior written consent from d2, and upon payment of any fee required by d2 to be paid by you for that use. All other use, copying or reproduction of any part of the website or Materials is prohibited.

You must not use the website or Materials in any manner or for any purpose which is unlawful or which violates the rights of any owner of any content.

Your Obligations

You agree to comply with the following obligations:

• To not copy or translate for commercial use, reproduce, adapt, vary or modify any Materials without the express written consent of d2, except as expressly authorised by these Terms.
• To ensure your employees, subcontractors and other agents (if any) who have authorised access to the website is made aware of these Terms.
• To not provide or otherwise make available any Material in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of d2.
• To not use the material in the website for, or in connection with, a service bureau operation.

Access and Accuracy of Website

You accept that d2 takes no responsibility for any error or omission relating to the material contained in the website.

You accept that d2 makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that d2 will not be held liable for any lapse in the website's accessibility, or any consequences whatsoever that flow from the unavailability of the website.

Exclusion of Warranties and Limitation of Liability

d2 does not warrant that the website content is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the website will not cause d2 to be in breach of the terms of these Terms.

d2 does not represent or warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components. You should protect your software and systems by installing and implementing your own security and system checks.

Except as expressly provided in these Terms, or as required by law, we exclude all warranties, undertakings conditions, terms and obligations of any kind (including warranties as to merchantability or fitness for a particular purpose, whether express or implied, relating in any way to the Materials on the website. If any statute implies terms into these Terms, which cannot be lawfully excluded, such terms will apply to these Terms, save that the liability of d2 for breach of any such implied term will be limited, at the option of d2, to any one or more of the following:

• the replacement of goods or services to which the breach relates or the supply of equivalent goods or services; or
• the repair of such goods or services; or
• the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; or
• the payment of the cost of having the goods repaired or the services performed again.

To the extent permitted by law d2 will not be liable (including in negligence) for any loss of profits, loss of revenue, loss of data, loss of use of data, or any direct, indirect or consequential loss or damage arising from or in connection with your use of this website, a breach of these Terms, or the supply of a defective program or incorrect Materials.

If, notwithstanding the exclusion of liability set out above, d2 is found liable to you d2's total cumulative liability to you is limited to the total fees paid by you in relation to any goods or services purchased over this Website.

When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by d2 which has not been stated expressly in these Terms or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by d2 (which material may be out of date or superseded).

Intellectual Property Rights

You acknowledge that other Intellectual Property and legal rights in the Material contained on the website, including in all text, graphics, video, information, data and other content, is owned by or licensed to d2.

You must not, during or at any time after the expiry or termination of these Terms, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy, download, reproduce, broadcast, communicate, display or use for any other purpose the material in the website, except as otherwise expressly authorised by these Terms.

Trademarks

'd2' and all associated trademarks are trademarks of d2 Marketing Limited and its related bodies corporate.

Indemnity

You must indemnify and keep d2 indemnified fully against all liabilities, damages, claims, losses, costs and expenses (including legal fees on a solicitor own client basis), which d2 may incur to a third party or you arising directly or indirectly out of or in connection with any breach by you of these Terms.

Links to other websites

From time to time, the website may contain hyperlinks or frames to other websites operated by third parties. Contents, hyperlinks or information held on other sites is not the responsibility of d2 and d2 does not by hyperlinking or through the use of frames endorse any material or other information contained on those websites. You accept that d2 has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party's website.

Users are prohibited from placing a link to the website without the prior written consent of d2 and on terms satisfactory to d2.

Amendments to Terms

These are the current Terms as at 11 November 2009.

d2 may at any time vary and amend these Terms by publishing the varied Terms on the website. You accept that by doing this, d2 has provided you with sufficient notice of the variation and amendment.

d2 reserves the right to change, add or remove any Material in or from the website without notice.

It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.

Waiver

Failure or neglect by d2 to enforce at any time any of these Terms shall not be construed or deemed to be a waiver of the rights of d2.

Jurisdiction

This licence shall be governed by and construed according to the laws of the state of Victoria, Australia and you irrevocably and unconditionally consent to the non-exclusive jurisdiction of the courts of Victoria.

Entire Agreement

Together with the d2 online Privacy Policy, these Terms constitute the entire agreement between the parties as to their subject matter and supersede all prior or inconsistent statements or representations as to that subject matter.

Definitions

'd2' means d2 Marketing Ltd and all of its related bodies corporate. A related body corporate means a related body corporate as defined in the Corporations Law of Australia.

'Hyperlink' means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.

'Intellectual Property' means all intellectual property rights, including, but not limited to, copyright, inventions, designs, trade and service marks (including any goodwill in those marks), trade names, circuit layouts, plant varieties, business and domain names, logos, right to have confidential information kept confidential, or any applications to register or right to apply for registration of any of the rights referred to above.