Last Updated: 9 October 2023
These terms and conditions (Terms) are entered into between I Like It Pty Ltd trading as Dcard, ABN: 36 147 338 565 (we, us or our) and you, together the Parties and each a Party.
We provide a cloud-based software as a service platform websites located at https://dcard.com.au/ and https://dcard.au/ (collectively, the “Sites”), where individuals and businesses can manage and share their identity profiles and physical NFC cards (Products).
For the purposes of these Terms, “you” includes you in your personal capacity as the user of the Sites, Products and Services, and where you are an organisation or corporation that purchases our Products and/or Services, that organisation or corporation.
If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
2. ACCEPTANCE AND PLATFORM LICENCE
2.2 Any new features or tools added to the current platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and indicate at the top of this page the date these terms were last revised. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.
2.3. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
2.4. When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
(c) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
(d) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(e) facilitating or assisting a third party to do any of the above acts.
3.1 In these Terms:
“Account” means an account automatically or manually created upon, prior or post-purchase of our Products;
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
“Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in NSW, Australia;
“Consumer Guarantee” has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;
“Intellectual Property Rights” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyrights, moral rights, trade names, trademarks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Sites, or otherwise displayed, uploaded or published on, or via, the Sites;
“NFC Technology” means Near Frequency Communication, which is the technology embedded in our Products and used to transmit information stored to smartphones;
“Opt-in Subscription” means an active subscription in respect of which you pay the Subscription Fee for the Dcard Subscription based on a Subscription Cycle, or as otherwise agreed between us from time to time;
“Order” means an order placed for our Products and or subscriptions as offered by us from time to time;
“Personal Information” has the same meaning as in the Privacy Act 1988 (Cth) and includes any personal information that you upload to your Dcard(s) or our Products;
“Products” includes our Dcard(s) or any other products, goods or items listed or advertised on the Sites from time to time, which may also include replacement Dcards;
“Profile” means the online profile created by you whereby your personal information, cover images, social profile information and other files and quick links can be uploaded and accessed;
“Profile Holder” means each person in your organisation to whom a Dcard and/or has a digital profile using our Services, where that has occurred at your or your organisation’s request. Where you have such a profile and/or Dcard, it includes you;
“Purchase” means an Order that has been paid by you or an organisational user for our Products and confirmed by us;
“QR Code Technology” means quick response code technology;
“Services” means the services listed or advertised on the Sites for sale or otherwise, and for the avoidance of doubt, only Dcard Subscription attracts the Subscription Fee;
“Sites” means https://dcard.com.au/ and https://dcard.au/ ;
“Subscription Cycle” means each billing cycle which (depending on the option elected by you and agreed between us) may be either one (1) month, one (1) quarter, bi-annually or one (1) year in length unless we communicate a different time period to you in writing at the time of sign up;
“Subscription Fee” means the fee, as advertised on the Sites, charged to Customers every Subscription Cycle for the Dcard Subscription;
“Dcard Tap” means our card(s) that uses NFC Technology to transmit stored information
“You” or “your” means the person or entity accessing, using or relying upon the Sites.
3.2. Any reference in these Terms to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in these Terms unless otherwise specified.
4. ACCESS AND USE OF THE SERVICE
Description of Services: The Services are software accessed over the internet and via mobile devices for the purpose of sharing, updating, storing, accessing and otherwise using your own contact information and the contact information of other people in your network.
Security of your account: You agree to be responsible for any act or omission of any users that access the Services under your account. You agree to immediately notify Dcard of any breach of security of which you become aware.
Access to the Service: You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service. You are responsible for ensuring that such equipment and services are compatible with the Service, and, to the extent applicable, the Software (as defined below), and complies with all configurations and specifications set forth in Dcard’s published policies then in effect.
Modifications to the Service: Dcard reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dcard will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Dcard may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Dcard’s servers on your behalf. You agree that Dcard has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Dcard reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including
(a) the ability to upload content to the Service via a mobile device, and
(b) the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
5. CONDITIONS OF USE
User Conduct: You are solely responsible for all information, data, text, images, video or other materials (“Content”) that you upload, post, publish, display, transmit or send (collectively, “Transmit”) or otherwise use via the Service. You agree to use the Service in compliance with the Dcard Acceptable Use Policy available at www.dcard.com.au/aup. Dcard reserves the right to investigate and take appropriate legal action against anyone who, in Dcard ‘s sole discretion, violates this provision, including without limitation, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
Business Accounts: If you have been provided access to the service as part of your employer’s business account with Dcard, then you acknowledge that your right to access and use the Service is subject to the terms of a separate agreement between Dcard and your employer. Your access to the Service may be revoked by your employer at any time.
Commercial Use: Unless otherwise expressly authorised herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
6 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or current. The material on the websites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the websites is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
7 MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
8. YOUR DATA
8.1. You own all data, information or content you upload into the Platform (Your Data) and any data or information output from the Platform using Your Data as input (Output Data). Note that Output Data does not include the Analytics (as described below).
8.2. You grant us an unlimited, worldwide, perpetual, royalty-free and assignable licence to copy, transmit, store, backup and/or otherwise access or use Your Data and the Output Data to:
(a) communicate with you (including to send you information we believe may be of interest to you);
(b) supply the Platform to you and otherwise perform our obligations under these Terms;
(c) diagnose problems with the Platform;
(d) enhance and otherwise modify the Platform;
(e) perform Analytics;
(f) develop other services, provided we de-identify Your Data; and
(g) as reasonably required to perform our obligations under these Terms.
8.3. You agree that you are solely responsible for all of Your Data that you make available on or through the Platform.
You represent and warrant that:
(a) you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
(b) neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
8.4. You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information.
8.5. We do not endorse or approve, and are not responsible for, any of Your Data.
8.6. You acknowledge and agree that the Platform and the integrity and accuracy of the Output Data is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the Platform.
8.7. This clause will survive the termination or expiry of your subscription.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
10. THIRD PARTY LINKS AND SERVICES
The Service may provide, or third parties may provide, links or other access to other sites, services, products, and resources on the Internet (“Third Party Services”). Dcard has no control over such Third Party Services, and Dcard is not responsible for and does not endorse such Third Party Services. You further acknowledge and agree that Dcard will 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 content, events, goods or services available on or through any such Third Party Service. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Dcard is not liable for any loss or claim that you may have against any such third party.
11. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
12. INDEMNITY AND RELEASE
You agree to release, indemnify and hold Dcard and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, and expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.
13.1. Despite anything to the contrary, to the maximum extent permitted by law:
(a) you agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause and the Intellectual Property clause of these Terms;
(b) neither Party will be liable for Consequential Loss;
(c) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
(d) our aggregate liability for any Liability arising from or in connection with theseTerms will be limited to us resupplying the Platform to you or, in our sole discretion, to us repaying you the amount of the Fees and Product Fees paid by you to us during the term of your subscription.
13.2. This clause will survive the termination or expiry of your subscription.
14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time, we may remove the service for indefinite periods of time or cancel the service at any time without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided as is and as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Dcard, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16.1 Cancellation of subscription: You may request to cancel your Subscription at any time by notifying us via email at firstname.lastname@example.org or via the Platform. You may cancel your Subscription at any time. If you cancel your Subscription because we have changed the Subscription inclusions and the change has a substantial and adverse impact on you, or we have changed the Fees, then the termination of the Subscription will be immediate, and we will refund you for any Fees that you have paid upfront but have not been used on a pro-rata basis.
16.2 We may terminate your Subscription at any time by giving 30 days’ written notice to you (Termination for Convenience).
16.3 A Subscription will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party is unable to pay its debts as they fall due.
16.4 Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach.
16.5 We may terminate a Subscription immediately to correct a system issue, e.g., account duplication, or if you are found to be misusing the Platform.
16.6 Upon expiry or termination of your Subscription:
(a) we will remove your access to the Platform;
(b) you agree that other than where termination is due to our Termination for Convenience or our breach of these Terms, and to the maximum extent permitted by law, any payments made by you to us (including any Subscription Fees and Product Fees) are not refundable to you;
(c) where we terminate your Subscription for any reason other than a Termination for Convenience, you also agree to pay us our reasonable additional costs directly arising from such termination.
16.7 Where termination is due to our Termination for Convenience or our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.
16.8 Termination of a Subscription will not affect any rights or liabilities that a Party has accrued under these Terms.
16.9 This clause will survive the termination or expiry of your Subscription.
17. AUSTRALIAN CONSUMER LAW
17.1. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
17.2. If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
17.3. Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
17.4. This clause will survive the termination or expiry of your Subscription.
18. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.