Legal

SUMMARY

By uploading documents into BusinessDoks are declaring that you either own these documents or are authorised to use these documents for business purposes.

By using our Bulk SMS services you are agreeing to our terms of SMS use, and also abide to current legislation in your local area regarding SMS communication.

By using BusinessDoks, you are agreeing to our software license. You remain responsible for any document or content within documents that you upload into BusinessDoks.

SOFTWARE LICENCE

By using BusinessDoks you are subscribing to our software in a non-ownership (rent) method of engagement. Subscription entitles a user to access BusinessDoks software when required, through our cloud based servers. All subscriptions to our software are paid for monthly in advance.

During the period of subscription, if you wish to terminate your subscription, the remaining month already paid for will be forfeit. Software subscriptions are provided to the user in an ‘As Is’ capacity; User cannot expect software updates to be made as per their individual needs; User cannot abuse the ‘Unlimited documents feature of this software or their subscription will be forfeit; Users cannot use Bots/AI/Machines to upload or enter documents into the BusinessDoks system otherwise they will forfeit their subscription.
Use of approved API to migrate existing documents or data may be approved on an individual basis.

SMS USE AND TERMS

By using BusinessDoks SMS services (both for notifications and for Bulk SMS marketing), you are agreeing to the following:

  • You will not send unsolicited SMS to people that are either unaware of your business, service or product; and that you have received express permission or have made aware to a registered person within BusinessDoks that they will receive SMS communications from you, as sent by BusinessDoks SMS platform.
  • That mobile numbers are obtained from your users with consent to receive SMS communication.

BusinessDoks Bulk SMS is used on a pre-paid package condition. To begin sending SMS through this system, you must choose a pre-paid package amount and complete a successful payment. SMS credits are then allocated to your account and you can send Bulk SMS through our portal.

SMS/Email Reminders. This feature is included as part of your BusinessDoks subscription and as such, no additional payment is required to use this.

Please note: SMS/Email reminders are offered within our Fair Use policy, and if SPAM, excessive or inappropriate use of this facility is discovered, your BusinessDoks account will be suspended.

BusinessDoks TERMS

You must be at least 13 years old to use the service. You may not post non-relevant, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the service.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. You also represent that all information you provide or provided to BusinessDoks upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You agree that you will not solicit, collect or use the login credentials of other BusinessDoks users.

You are responsible for keeping your password secret and secure. You are responsible for managing your own two factor authentication. You may not use the service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state and local) applicable to your use of the service and your content, including but not limited to, copyright laws.

You are solely responsible for your conduct and any data, text, information, usernames, images, graphics, photos, profiles and other content or materials (collectively, “content”) that you upload into the BusinessDoks service. You must not change, modify, adapt or alter the service or change, modify or alter another website so as to falsely imply that it is associated with the service.

You must not access BusinessDoks private api and/or database by means other than those permitted by normal use. You must not interfere or disrupt the service or servers or networks connected to the service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any BusinessDoks page is rendered or displayed in a user’s browser or device.

You must not create accounts with the service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You must not attempt to restrict another user from using or enjoying the service and you must not encourage or facilitate violations of these terms of use or any other BusinessDoks terms.

Violation of these terms of use will result in termination of your BusinessDoks account. You understand and agree that BusinessDoks cannot and will not be responsible for the content posted on the service and you use the service at your own risk. If you violate the letter or spirit of these terms of use, or otherwise create risk or possible legal exposure for BusinessDoks, we can stop providing this service to you.

BusinessDoks CONDITIONS

We reserve the right to modify or terminate the service or your access to the service for any reason, without notice, at any time, and without liability to you. You can deactivate your BusinessDoks account by requesting a removal of account via email - info@BusinessDoks.com.au. If we terminate your access to the service or you request termination of your account, your documents, and all other data will no longer be accessible through your account.

We reserve the right, in our sole discretion, to change our terms of use. You should review these terms of use and any updated terms before using the service. The updated terms will be effective as of the time of posting, or such later date as may be specified in the updated terms, and will apply to your use of the service from that point forward. These terms of use will govern any disputes arising before the effective date of the updated terms.

We reserve the right to refuse access to the service to anyone for any reason at any time.

We may, but have no obligation to, remove, edit, block, and/or monitor content or accounts containing content that we determine in our sole discretion violates these terms of use.

You agree that BusinessDoks is not responsible or liable for the conduct of any user. BusinessDoks reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information. You agree that you are responsible for all data charges you incur through use of the service.

We prohibit crawling, scraping, caching or otherwise accessing any content on the service via automated means.

RIGHTS

BusinessDoks does not claim ownership of any content that you post on or through the service.

You represent and warrant that: (i) you own the content posted by you on or through the service or otherwise have the right to grant the rights and licenses set forth in these terms of use; (ii) the posting and use of your content on or through the service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of content you post on or through the service; and (iv) you have the legal right and capacity to enter into these terms of use in your jurisdiction.

The BusinessDoks name and logo are trademarks of BusinessDoks, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BusinessDoks, except in accordance with our brand guidelines. Please contact us to see these brand guidelines - info@BusinessDoks.com.au. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of BusinessDoks, and may not be copied, imitated or used, in whole or in part, without prior written permission from BusinessDoks.

Although it is BusinessDoks intention for the service to be available as much as possible, there will be occasions when the service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

BusinessDoks will not be liable to you for any modification, suspension, or discontinuation of the services, or the loss of any content. You also acknowledge that the internet may be subject to breaches of security and that the submission of content or other information may not be secure.

BusinessDoks does not have any obligation to prescreen, monitor, edit, or remove any content. If your content violates these terms of use, you may bear legal responsibility for that content.

REPORTING COPYRIGHT AND OTHER IP VIOLATIONS

Please treat other people and their IP with respect. BusinessDoks is predominantly used to upload and store documentation from people and machinery, so please treat this information with respect.

DISCLAIMER OF WARRANTIES

The service, including, without limitation, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither BusinessDoks nor its parent company nor any of their people, managers, officers or agents (collectively, the “BusinessDoks parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to the provision of BusinessDoks primary service.

The BusinessDoks parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses.

You acknowledge that your use of the service is at your sole risk. The BusinessDoks parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the BusinessDoks parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these terms of use.

By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service. The BusinessDoks parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

LIMITATION OF LIABILITY; WAIVER

Under no circumstances will the BusinessDoks parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the BusinessDoks content; (c) user content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the BusinessDoks parties or law enforcement authorities regarding your or any other party’s use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the BusinessDoks parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the BusinessDoks parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the TrainingDocs parties total liability to you for all damages, losses or causes or action exceed one hundred Australian dollars ($100.00). You agree that in the event you incur any damages, losses or injuries that arise out of TrainingDocs acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the TrainingDocs parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the TrainingDocs parties. TrainingDocs is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, people, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. The effective date of these terms of use is February 1, 2019.