T&C's — DIGS REVIEWS

Digs App Agreement for the Terms and Conditions of Use

1. Acceptance of Terms

1.1 Welcome to the Digs Reviews Pty Ltd (ACN 656 995 309) trading as Digs (Digs) terms and conditions agreement for the use of the Digs App. The Digs App means the application known as ‘Digs’ which offers users a private and secure platform for the publishing and access of reviews relating to rental properties. The Digs App is owned and operated by Digs.

1.2 These Terms and Conditions of use apply to the entire contents of the Digs App.

1.3 Any reference to ‘you’ or ‘your’ (the individual) in these terms and conditions includes you any other person acting on your behalf or any person that has your authority to do so, either directly, expressly or impliedly. Any reference to ‘we’, ‘us’, ‘our’, or ‘ours’, ‘Digs’ means Digs Reviews Pty Ltd (ACN 656 995 309) trading as Digs.

1.4 By you using the Digs App you agree that:

(a) you have read and accepted all of these terms and conditions and have agreed to and accepted the Digs Privacy Policy. A copy of the Digs Privacy Policy relating to the collection and use of Personal Information (as defined in the Privacy Policy) may be found at digs.online;

(b) Any information provided by you via our App may be collected and used by Digs in accordance with these terms and conditions and the Digs Privacy Policy; and

1.5 Should you not agree with these terms and conditions at any time or as they change over time you should immediately cease using and accessing the Digs App.

1.6 Digs may amend these terms and conditions, the Digs policies or any notices from time to time without prior notice. You acknowledge that by using this App from time to time you shall become bound to the current version of the relevant terms and conditions and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you use the Digs App.

2. Overview and Our Role

2.1 Digs provides a platform for the primary purpose of enabling registered users to search for properties and reviews left by other users to post their own reviews. Through the Digs App, registered users are able to post content relating to rental properties including reviewing features of the properties and commenting on their experiences with various aspects of the rental property including the landlord and the amenities.

2.2 We provide an application for the primary purpose of enabling registered users to post content and to review other posted content of rental properties on the Digs App platform that is accessible to all registered users.

2.3 Digs is not a party to the posts and communications and shall not bear any express or implied liabilities regarding the content, views, comments and or opinions published by a user. We also don't control what people and others do or say, and we aren't responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren't responsible for services and features offered by other people or companies, even if you access them through our App.

2.4 Digs does not independently investigate or validate that are review is accurate and not misleading. Each and every opinion and review posted on the Digs App is that of the user who makes the post and review and not Digs.

3. Authority for use of the Digs App

3.1 By registering an account and or using the Digs App you confirm that you have read, understood and accepted these terms and conditions and the Digs Privacy Policy.

3.2 You warrant that:

(a) you are over the age of 18 years old;

(b) you possess the legal authority, right and ability to enter into these terms and conditions and to access and use the Digs App in accordance with these terms and conditions;

(c) the information you have supplied as part of the registration process is true, accurate and not misleading or deceptive or likely to mislead or deceive;

(d) you have the necessary rights and authorisations to the information, content and data that you submit as part of the registration process and also when using and accessing the Digs App; and

(e) you will notify us of any changes to your personal information including any changes to your telephone number and email address within three (3) days of any changes taking place.

3.3 You are responsible for safeguarding the security of your account, including keeping your access code and password confidential. Unless agreed by us in writing prior, all users of the Digs App are limited to one account. We reserve the right to reject any registration and refuse use of the Digs App for any reason, at our sole discretion.

3.4 You agree that you must at all times provide correct, accurate, true and up to date information to the best of your knowledge and you cannot create an account using a fake or false name.

4. Conduct and behaviour

4.1 You may only use the Digs App for its primary and intended purpose.

4.2 In your interactions and use of the Digs App you warrant and acknowledge that you must at all times:

(a) only access and use the Digs App for legal, authorised, permitted and acceptable purposes and that you must comply and uphold all relevant and applicable laws in connection with your access and use of the Digs App;

(b) remain courteous and polite and not publish any comments or messages that are obscene, defamatory, discriminatory, sexist, threatening, intimidating, harassing, rude or likely to offend any person, hateful, offensive or illegal.

(d) not violate, misappropriate or infringe the rights of Digs or any third party including with respect to privacy, Intellectual Property Rights or other proprietary rights;

(e) not commit any act that may breach any laws;

(f) not knowingly permit, induce or encourage another person to do any of the above acts or things; and

(g) only post, content or write a review that is accurate, honest and provides a complete appraisal and balanced review of the rental property.

4.3 You are responsible for all comments, post and reviews published by you on the Digs App and shall bear all liabilities in any way connected to comments, post and content of your review.

4.4 You must not:

(a) Use the Digs App or any of its services for any unlawful activity;

(b) Do anything that causes damage or disruption to the App or its services;

(d) Use the Digs App or services for commercial solicitation, or use any data obtained from or via our App without our prior consent;

(e) Transfer your account to another party without our prior consent;

(f) Provide us with false, inaccurate or misleading information;

(g) Attempt to manipulate transactions or tamper with the App in any way.

4.5 In your interactions and use of the Digs App you acknowledge and agree:

(a) that you must meet and continue to meet all eligibility requirements applicable under these terms and conditions and immediately notify Digs should you no longer meet any eligibility requirements;

(b) to Digs collecting, publishing and disclosing your Personal Information as defined in our Privacy Policy) in accordance with Digs Privacy Policy;

(d) to the downloading and installing of updates to the Digs App including automatically;

5. Use of data

5.1 In the course of our operation and providing the services we collect data from our registered users. You accept that your personal data will be collected and dealt with in accordance with the Digs Privacy Policy.

5.2 Please review our Privacy Policy in full for details on how your personal data is collected and used.

6. No Representation or Reliance

6.1 We do not represent or warrant that the Digs App will be error-free, uninterrupted, free from third party attacks or otherwise available at all times to meet your requirements. You acknowledge that neither we nor any person acting on behalf of us has made any representation or other inducement to you to enter into these terms and conditions, except for representations or inducements if any expressly set out in these terms and conditions.

6.2 You acknowledge and confirm that you do not enter into these terms and conditions in reliance upon any representation or other inducement by or on behalf of us, except for representations or inducements expressly set out in these terms and conditions.

6.3 Digs does not represent or warrant that other users of the Digs App will not breach these terms and conditions. Where there is a breach in no event shall Digs be held liable for comments, opinions, online advertisements, editorial features or recommendations that may be published on the Digs App.

6.4 Where a dispute arises between, or out of account users activity on our App, each party expressly agrees to waive any subsidiary or recourse claims against Digs and further agrees to indemnify and hold Digs harmless from any claims that may be in any way connected with such dispute.

7. Disclaimer of Warranty, Limitation of Liability & Indemnity

7.1 Use of the Digs App is at your sole risk at all materials, information, products, software, programs and services are provided “as is” with no warranties or guarantees whatsoever. Digs expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose without limitation. Digs makes no warranty or guarantee that the Digs App will be uninterrupted, timely, secure or error-free.

7.2 You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, and services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

7.3 In no event will Digs be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the Digs App, or of any site or resource linked to, referenced or accessed through our App, or for the use or downloading of, or access to, any materials, information, products and services, including, without limitation, any lost profits, business interruption, lost savings, loss of programs or other data, even if Digs is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort or any other legal theories.

7.4 You agree to indemnify Digs and to keep Digs indemnified against any legal cost, expense, claim, loss or demand brought against Digs by a third party arising from and or in connection with your failure to comply with and or breach of these terms and conditions. You agree to cooperate, at your expense, as required by us in the defence or settlement of any third-party Claim.

7.5 If anyone brings a claim (‘Third-Party Claim’) against us related to your actions, information, or content on the Digs App, or any other use of our services by you, you will, to the maximum extent permitted by applicable law, indemnify, and hold the Digs parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:

(a) your access to or use of our services, including information and content provided in connection therewith;

(b) your breach of our terms and conditions or applicable law; or

(c) any defamatory comment and or misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Third-Party Claim.

8. General

8.1 Governing Law

This Agreement is governed by and must be construed according to the law applying in New South Wales. The parties hereby irrevocably submit to the jurisdiction of the courts of New South Wales.

8.2 Waiver

No indulgence or extension of time which either you or Digs may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of Digs in terms hereof, save in the event or to the extent that Digs has signed a written document expressly waiving or limiting such rights.

8.3 Severability

All provisions of these terms and conditions and the Digs Privacy Policy are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions and policies which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as deleted and the remaining provisions of any relevant terms and conditions and policies shall remain in full force and effect.

8.4 Force Majeure

We will not be obliged to fulfil the responsibilities detailed in the terms and conditions in circumstances beyond reasonable control. These include but are not limited to pandemics, earthquakes, floods, fire, plague or other natural disasters, terrorism, riots, civil disturbances, war, strikes, nuclear or chemical contamination, failure of public infrastructure, national emergency, inclement weather or acts of God. Duties and obligations will be postponed for the period of the Force Majeure.

9. Intellectual Property

9.1 In these terms and conditions and this clause ‘Intellectual Property’ means all intellectual property rights conferred by law and including without limitation:

(a) patents, designs, plans, photos, images, software, code, specifications or other documents and information on the App; and

(b) copyright, trademark, trade, business, company names, business names, websites, logos or URL’s.

9.2 Digs will at all times retain ownership of all Intellectual Property used in respect of the Digs App and in connection with registration, use and services provided by Digs. The contents of the App (including all photographs, images, videos, text, illustrations, software, code, audio, video and other items) is Digs’ Intellectual Property and subject to copyright under the Copyright Act 1968 (Cth) and any other relevant law.

9.3 Except for the purpose of viewing, accessing and using the App, you must not copy, use, modify, reproduce, broadcast, print, publish or create any derivative works from any part of the App without Digs’ prior written consent. It is an essential term of these terms of service that you must not (or assist others to):

(a) exploit the Digs App or Digs’ Intellectual Property in impermissible or unauthorised manners, or in ways that is harmful to Digs including economically and financially;

(b) launch or attempt to launch a site or arrangement that is the same or similar to the App or which uses Digs’ Intellectual Property; or

(c) do anything that is inconsistent with Digs’ interest in Digs’ Intellectual Property, infringes upon Digs’ rights to use and exploit Digs’ Intellectual Property or which leads to the value of Digs’ Intellectual Property being diminished or otherwise adversely affected.

9.4 If you know, or believe that Digs’ Intellectual Property rights have been infringed by a third party, you must immediately notify us in writing at queries@digs.online.

9.5 Digs does not claim ownership of the information, content and data that you submit, import and export using the Digs App. In order to operate and provide the App to you, you grant Digs a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, create derivative works of and display the information, content and data that you upload, submit, import, export, store, send, or receive on or through the Digs App.

10. Subscription and App Fee

10.1 Digs at present does not charge a fee to register, access and use the Digs App however we reserve the right to introduce a fee or charge in the future. You will be provided with notification of any proposed fee or charge before it is introduced and will be provided with the opportunity to cease using the Digs App without incurring any charge or fee prior to the introduction of any fee.

11. Advertising and Direct Marketing

11.1 Instead of paying to use the Digs App, by using the service covered by these terms and conditions, you acknowledge that we can show you advertisements that businesses and organisations pay us to advertise and promote their products and services. We may use your personal data, such as information about your activity and interests, to show you advertisements that are more relevant to you.

11.2 We show you relevant and useful advertisements without telling advertisers who you are. We allow advertisers and media agencies to show their advertisements based on their target audience and business goals. We show you relevant and useful advertisements without telling them who you are.

11.3 We may also provide advertisers with reports about the performance of their advertisements. We may share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are).

11.4 You acknowledge, agree and consent to us providing your Personal Identifiable Information (as defined in our Privacy Policy) to third parties for secondary purposes including to provide you with news, offers, promotions and upcoming events that you may be interested in. For example we may provide your email address to a real estate company, removalist company or financial institution so that they can contact you directly to you information about their services, programs and upcoming events.

11.5 By accepting these terms and conditions and our Privacy Policy you consent to receiving direct advertising and communications from us and our relevant service providers. You may make a request to not receive direct marketing material by forwarding an email to us at queries@digs.online.

12. Cancellation, Termination and Disputes

12.1 We reserve the right to suspend or terminate your account and access to your account if you are in breach of these terms and conditions without notice. We will not be liable to you for any compensation, loss or damage if we suspend or terminate your account or access to your account which we may do at our sole discretion.

12.2 We can without needing to obtain your prior consent remove any content and or information that you share on the Digs App if we believe that it breaches these terms and conditions.

12.3 Whilst we are not party to the comments and posts that are published and the matters discussed, we may try to help account holders to resolve a dispute. Where account holders are unable to resolve a dispute resulting from a communication or interaction on this App, they may resort to us by contacting us at queries@digs.online or via the contact form on our App. For the avoidance of doubt, we have no obligation to resolve disputes and will consider to do so in our sole discretion and based solely on our policies.