Terms and Conditions

(as at 20240304)


1. Introduction

Welcome to the Data42 System Development Portal. As condition of your use of the of the Data42 System Development Portal website (which requires users to log in for access), you must agree to these Terms of Use.

In these Terms of Use, the terms "you" and "your" refer to the user of the Data42 System Development Portal.

By registering for a Data42 System Development Portal account and using the Portal, you agree to be bound by these terms of use. Importantly, this means making sure you know and follow your responsibilities.

Please read these terms of use carefully as they set out a number of key requirements relating to your use of Data42 System Development Portal.


2. Changes to Terms of Use

When we make changes to these terms of use, you will need to accept the new terms of use to continue using your Data42 System Development Portal account. We will notify you of the changes to the terms and conditions.

New terms of use will replace any Data42 System Development Portal terms of use you have previously accepted.


3. Terms of Use

If you are accessing and using an account on behalf of someone else, you represent that you have the authority to bind that person as principal to these Terms and Conditions.

You remain solely responsible for complying with all applicable laws in your state or territory in connection to Your use of Data42 System Development Portal. It is Your responsibility to check that storage of, transfer and access to the materials you transmit or input via Data42 System Development Portal will comply with all laws applicable to you in your state or territory.

3.1 Acting on behalf of an organisation

To use Data42 System Development Portal to access data relating to, or to carry out a transaction for, an organisation:

3.1.1 You must be currently appointed by that organisation to access that data or carry out that transaction on their behalf, and that appointment must not have been revoked; and

3.1.2 If that appointment is based on you holding a certain position within that organisation, you must currently hold that position.


4. Privacy and Your Personal Information

We will collect your personal information (as defined in the Privacy Act 1988 (Privacy Act)) that you submit using Data42 System Development Portal.

Your personal information is protected by law, including the Privacy Act. Any use and disclosure of your personal information will occur in accordance with the Privacy Act.

We disclose information to any third party ONLY upon approval or request by the account holder.


5. Your Responsibilities

It is important to understand your responsibilities when using your Data42 System Development Portal account.

If you do not comply with the responsibilities set out below, we may lock, suspend or terminate your Data42 System Development Portal account and in some instances, it is possible you could face civil or criminal penalties.

If you do not keep your personal information secure, it is possible someone could try and pretend to be you online and use your account.

(a) Provide correct, complete and up to date information

You are responsible for making sure your personal and company details (such as your name, company name, address, contact details) are correct and up to date in your Data42 System Development Portal account. If your details change, you should login to the Data42 System Development Portal account to update your details or email the support team.

You understand that providing false or misleading information or documents (including forms) to us can have serious legal consequences and may result in termination of your account.

(b) Keep your Data42 System Development Portal account safe

You are responsible for your Data42 System Development Portal account and making sure only you can access it. You must not allow someone else to login or use your Data42 System Development Portal account.

You must keep your Data42 System Development Portal account user name, password and Authenticator Application safe. Do not share these details with anyone else.

If you do not take reasonable precautions to keep your Data42 System Development Portal account details safe, for example, if you give someone your details so that they can login to your account, you are responsible for everything that person does with your account.

(c) Report any suspicious behaviour on your account

If you think that someone else has accessed your Data42 System Development Portal account, you need to let us know as soon as possible. You agree that we may monitor your access to and use of Data42 System Development Portal.

You will change your password immediately if you think someone else has become aware of it or if there is an unauthorised access of your account.

(d) Do not access another person's Data42 System Development Portal account

You are not allowed to access another person's Data42 System Development Portal account under any circumstances.

(e) Banned uses of your Data42 System Development Portal account

You are not allowed to use the Data42 System Development Portal account, or use your account:

  • to participate in any illegal or fraudulent activity;
  • to cause disruption to Data42 System Development Portal or its Participants;
  • in a way that infringes a person's rights or prevents them from using Data42 System Development Portal;
  • in any way that may harass, cause distress or inconvenience others;
  • to record unlawful, defamatory, offensive or scandalous material; or
  • to record material that breaks or encourages breaking the law.

6. Limited Liability

6.1 Data42 System Development Portal does not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through this Portal.

The Company and Authorised Users are solely responsible for the information posted to, or entered into any information fields on, the Portal (including but not limited to the accuracy of any such information or any results produced with it). Data42 System Development Portal is not liable to the Company for any information, material or content provided by the Portal and utilised by the Company, or for any error that such information, material or content causes or contributes to.

6.2 Internet communications may be susceptible to interference or interception by third parties. Despite its best efforts, Data42 System Development Portal makes no warranties that this Portal is free of infection by computer viruses or other unauthorised software. Data42 System Development Portal will not be liable for any loss, damage, cost or expense resulting from any breach of a security measure (including viruses or other unauthorised software).

6.3 Data42 System Development Portal is not liable to the Company or any other person for any Loss and Indirect Loss arising out of Data42 System Development Portal supply, failure to supply, delay in supplying, or incorrectly supplying the Portal or any information intended to be provided through the Portal, or for the unavailability or failure in the functionality of the Portal, even where this arises as a result of any act or omission of Data42 System Development Portal (including, without limitation, negligent acts or omissions).

6.4 The Company and Authorised Users are solely responsible for the information posted to, or entered into any information fields on, the Portal (including but not limited to the accuracy of any such information or any results produced with it). Data42 System Development Portal is not liable to the Company for any information, material or content provided by the Portal and utilised by the Company, or for any error that such information, material or content causes or contributes to.

6.5 Data42 System Development Portal excludes liability to the Company and all Authorised Users for Indirect Losses arising in any way in connection with the Portal or these terms of use.


7. Indemnity

7.1 You will be responsible for (and you indemnify us against) any loss or damage to any person arising from any one of the following:

(a) Any breach by you of these Terms and Conditions;

(b) Any wilful, negligent or unlawful act or omission by you in relation to, or in the course of using, this Portal.

8. Links to other websites

Data42 System Development Portal may contain links to third-party web sites or services that are not owned or controlled by Data42 System Development Portal.

Data42 System Development Portal has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Data42 System Development Portal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.


11. Tracking and Cookies Data

11.1 We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

11.2 Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

11.3 You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.

Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

Security Cookies. We use Security Cookies for security purposes.


Contact Us

For more information about any issue raised in these Terms and Conditions or any other concerns, please contact us:

info@DAT42.com.au
Privacy Officer
DATA42
177 BENNETTS ROAD
NORMAN PARK QLD 4170