1. ACCEPTANCE OF TERMS
Your use of the doculicious.com website is subject to these Terms of Service (TOS). These Terms of Service are a contract between you and Digital Carpenter Pty Ltd. Digital Carpenter is the owner and operator of the Doculicious.com service.
Please do not sign up for an account or use this service if you do not agree with any of these terms of service. By signing up for an account or using any part of this service, you are agreeing to these Terms of Service and do so at your own risk.
2. DESCRIPTION OF WEBSITE AND SERVICES PROVIDED
Digital Carpenter Pty Ltd provides Doculicious.com as a service that gives members the ability to create templates for the purposes of generating PDF files and gathering the data from template entries. Doculicious.com provides the tools to create templates, and also provides some ready made templates. Templates can be embedded on a members own website, or accessed from the doculicious.com website. Members access the service by signing up to a subscription. Each subscription and it's service levels are outlined in the pricing schedule. Subscriptions are differentiated by Price, the amount of Image storage, Active templates, PDF Generations per month, Entries per month and Support levels. We may change subscription level services at any time, but if the change is less than what is currently in service, or we change the pricing, we will provide 30 days notice of the change to all paying users.
3. REGISTRATION AND USAGE
To use doculicious.com you must register for an account by providing a username, a valid email address (that you own) and a password. It's your responsibility to maintain the security of your password and account. You must inform Doculicious.com if you believe your account has been accessed without your authorisation. Users under 13 years of age are prohibited from using the Service.
All aspects of the doculicous.com service function over the internet, and its up to the account holder to organise their own access to the internet to use this web site and its services. This includes without limitation, all hardware, software, supported web browsers, modems, telephone services. You are also responsible for ensuring your equipment is compatible with the doculicious.com website.
If you cancel your service, Digital Carpenter Pty LTd may delete all your content from our servers. Digital Carpenter Pty Ltd accepts no liability for such deleted content.
Digital Carpenter Pty Ltd reserves the right to terminate free accounts that have not been logged into for 6 months or more. Digital Carpenter Pty Ltd has the right, in its sole discretion, to terminate or disable your Account if any of the following occur:
- You breach these Terms of Service;
- The bandwidth usage of your account significantly exceeds the average bandwidth usage of other users of the service.
Termination of your Account will result in the deletion or deactivation of your Account. All access to your Account will be removed, and all Content associated with the Account, and not previously made public, will be deleted or removed from the doculicious website and servers. This Content cannot then be recovered by Digital Carpenter Pty Ltd.
Information we collect
- Website Usage Stats - Digital Carpenter Pty Ltd may also collect and analyze information related to your general usage of the service. This includes, but is not limited to web request, internet protocol, browser type, date and time of access.
- User Communications - When you send email or other communications to Digital Carpenter Pty Ltd, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
Data we collect on a members behalfAll data collected by you using the doculicious.com service belongs to you. We will not use your data to advertise to or contact your clients, nor to compete with you. You retain all rights to your data. Any data you collect using doculicious.com can be secured in transit using SSL. It is up to you to determine which of your templates requires this, and to make the changes to the embed code of your templates to implement it. If you opt to save entries made to your templates, we will store those entries on our database servers untill you choose to delete them. Be aware that deleted entries may still be stored in any backup's of our database. Backups are kept for no longer than 1 month.
Stored entries made to your templates can only be accessed through your account, with a valid username and password. It is your responsibility to keep your account access credentials secure. Any suspected breach of your account security must be reported to Digital Carpenter immediately.
When you do not opt to store a template's entries, the data entered into the template is stored on our database servers for the purpose of providing the sites functionality, including PDF download and saving the forms progress. This data is kept for a maximum of 2 days.
6. APPROPRIATE CONDUCT AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You, and not Digital Carpenter Pty Ltd, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Digital Carpenter Pty Ltd does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Digital Carpenter Pty Ltd be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Digital Carpenter Pty Ltd does not pre-screen Content, but that Digital Carpenter Pty Ltd and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, Digital Carpenter Pty Ltd and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable in Digital Carpenter Pty Ltd's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Digital Carpenter Pty Ltd or submitted to doculicious.com. You acknowledge and agree that Digital Carpenter Pty Ltd may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of doculicious.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Digital Carpenter Pty Ltd's sole discretion as to what action should be taken.
You agree that you will not:
- upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Digital Carpenter Pty Ltd official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
- offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Digital Carpenter Pty Ltd determines, in its sole discretion, is inappropriate for sale through the Service provided by Digital Carpenter Pty Ltd;
- use the Service as a forwarding service to another website;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content;
- make any automated use of the system;
- collect credit card information or other form of online payments.
If any user is reported to be in violation with the letter or spirit of these terms, Digital Carpenter Pty Ltd retains the right to terminate such account at any time without further warning.
7. PAYMENT, REFUNDS, UPGRADING and DOWNGRADING.
A valid PayPal account or credit card is required for paid subscriptions. Free accounts which provide a limited access to the Service are not required to provide a credit card number. Subscriptions to the doculicious.com Site are billed in advance on a monthly basis in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
You will be billed for your first month immediately upon signing up for a paying subscription. After signing up for a paying subscription and you don’t cancel that account within 1 calendar month, you will be billed monthly starting on the start of each calendar month after your subscription was initially created.
You may cancel your account at any time by using the subscription cancelling tools provided by your PayPal account. You can initiate this by downgrading your account to a "Free" account on the Doculicious.com subscription upgrade page, accessed from within your "Settings" page. Your account will revert to a the lowest subscription level account (The "free" account on the pricing schedule) once your current payment period ceases.
CANCELLING YOUR DOCULICIOUS.COM SITE SUBSCRIPTION MAY CAUSE THE LOSS OF ACCESS TO CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. DIGITAL CARPENTER PTY LTD DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
8. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. CONTENT UPLOADED
You acknowledge that Digital Carpenter Pty Ltd does not pre-screen Content, but that Digital Carpenter Pty Ltd and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Digital Carpenter Pty Ltd and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
9.1 CONTENT UPLOADED BY MEMBERS
Digital Carpenter Pty Ltd does not claim ownership of the Content you create or upload into your doculicious.com account. By submitting Content to doculicious.com, you grant Digital Carpenter Pty LTD a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your templates or documents on doculicious.com's Internet properties. This license exists only for as long as you continue to be a doculicious.com customer and shall be terminated at the time your account is terminated.
The doculicious.com website provides users with the ability to make certain Content available for public use. By making any such Content publicly available, you hereby grant to Digital Carpenter Pty Ltd a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works and exploit your contribution in connection with Digital Carpenter Pty Ltd's operation of the Doculicious.com website.
9.2 CONTENT UPLOADED BY PUBLIC USERS WHO ARE NOT MEMBERS
Digital Carpenter Pty Ltd does not claim ownership of the Content you create or upload while using the doculicious.com service as a public, non-member user. By submitting Content to doculicious.com, you grant Digital Carpenter Pty Ltd a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your content on doculicious.com's Internet properties. We will remove any content from our systems that is no longer required to service any doculicious.com user.
10. ACCOUNT SECURITY
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. Digital Carpenter Pty Ltd cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Digital Carpenter Pty Ltd be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Digital Carpenter Pty Ltd has no control over such sites and resources, you acknowledge and agree that Digital Carpenter Pty Ltd is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Digital Carpenter Pty Ltd 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 site or resource.
You agree to indemnify and hold Digital Carpenter Pty Ltd, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for Digital Carpenter Pty Ltd to provide the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that doculicious.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by doculicious.com.
15. MODIFICATIONS TO SERVICE
Digital Carpenter Pty Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that doculicious.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
16. DIGITAL CARPENTER PTY LTD'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by doculicious.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
17. API Terms
- The Doculicious API is currently in a BETA version stage, and by using the API you acknowledge that your use of the software is at your sole risk.
- Any abuse or excessive use of the API to access Doculicious Data may result in temporary or permanent suspension of your accounts access to the API. Excessive use will be judged relative to your account level, and is based on the used bandwidth of your API requests. Digital Carpenter Pty Ltd in its sole discretion will determine what level of use constitutes excessive, and will determine your use through analyzing logs of requests made to the API. However, before any such suspension is made, Digital Carpenter Pty Ltd will attempt to contact the Account Holder via email prior to suspension.
- Digital Carpenter Pty Ltd reserves the right to modify or discontinue, temporarily or permanently, your access to any part of the API, with or without notice.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIGITAL CARPENTER PTY LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) DIGITAL CARPENTER PTY LTD WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, DIGITAL CARPENTER PTY LTD IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. DIGITAL CARPENTER PTY LTD DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIGITAL CARPENTER PTY LTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIGITAL CARPENTER PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING THE DOCULICIOUS WEBSITE AND API SERVICE, OR YOUR USE OF ANY 3RD PARTY APPLICATION WHICH USES THE DOCULICIOUS API; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and DIGITAL CARPENTER PTY LTD shall be governed by the laws of the State of NSW, Australia without regard to its conflict of law provisions. You and Digital Carpenter Pty Ltd agree to submit to the personal and exclusive jurisdiction of the courts located within Sydney, NSW. The failure of Digital Carpenter Pty Ltd to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Digital Carpenter Pty Ltd and govern your use of the Service, superseding any prior agreements between you and Digital Carpenter Pty Ltd (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Digital Carpenter Pty Ltd services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to [email protected]
23. CONTENT COPYRIGHT NOTICES
ASIC Form & guide text © Australian Securities & Investments Commission. Reproduced with permission.