Please read these terms of use thoroughly. By accessing or using this website, you agree to be bound by these terms of use-Privacy policy and all terms incorporated by reference (Terms of use). If you do not agree to all these terms of use, please do not access, or use this website.
These Terms of Use do not alter the terms or conditions of any other agreement/proposal that you may have accepted with Didgly Pty Ltd. for services or otherwise and those terms and conditions will take precedence where it conflicts with these terms. If you agree to these Terms of Use and are using the Website on behalf of an entity, you represent and warrant that you are authorised to accept these Terms of Use on such entity's behalf, and that such entity will be responsible to Didgly Pty Ltd. if you violate these Terms of Use.
.1 Ownership of Website: Didgly.com (website and mobile app) is owned and operated by Didgly Pty Ltd hereon referred to as Didgly
1.2 Modification of Terms of Use: Didgly may, at its sole discretion, vary or modify these Terms of Use without notice. Any subsequent access to or use by you of the Website and/or mobile app will constitute an acceptance of those modifications.
1.3 Accessing the Website and/or App: Only authorized users i.e., those individual users either representing an Institution or acting in independent capacity and who have been given exclusive rights by Didgly through its Admin may use the Website and/or App, and all associated information, images and/or other works on the Website and/or App.
1.4 Governing Law: All terms and conditions found on the Website and App, including those within these Terms of Use are governed by the laws of Tasmania. By entering the Website and/or App, you agree to submit to the exclusive jurisdiction of the Tasmanian courts in the event of any dispute.
1.5 Severability: If any of these Terms of Use are held to be invalid, unenforceable, or illegal for any reason, the remaining Terms of Use will continue in full force.
2.1 Limits on use of Website and/or App: You agree that your use of the Website will not violate any law, contract, intellectual property or other third party right or constitute a tort, and that you are solely responsible for your conduct while using the Website and/or App. You must not (without the prior written consent of Didgly:
(a) Distribute, modify, transmit, reuse, report, or use the content of the Website and/or App for public or commercial purposes, including the text, images, audio or video.
(b) Provide a link to another URL
(c) Upload content or other information to the Website and/or App.
(d) Do anything to damage, interfere or disrupt access to the Website and/or App or do anything which might impair its functionality.
(e) Use the Website and/or App in any way to send unsolicited (commercial or otherwise) e-mail or any material for marketing or publicity purposes, or any similar abuse
(f) Publish, post, distribute, disseminate, or otherwise transmit, defamatory, offensive, infringing, obscene, indecent, or other unlawful or objectionable or confidential material or information.
(g) Make available, upload, or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, "time bombs", “worms”, malicious codes, or any other harmful software.
(h) Remove any content or information from the Website and/or App.
(i) Falsify the true ownership of material or information made available through the Website and/or App.
(j) Obtain or attempt to obtain unauthorised access, through whatever means, to the Website and/or App.
(k) Use the Website and/or App. other than in accordance with these Terms of Use.
(l) Attempt any of the above acts or engage, encourage, or permit another person to do any of the above acts.
(m) Share content or engage in behaviour that violates anyone’s Intellectual Property Rights; or
(n) Violate applicable law.
2.2 Information provided on the Website and/or App.
(a) The images/videos and other content uploaded by users on this website and/or App or that provided by Didgly is meant for aiding the users with respect to visual inspections, data analysis and other insights.
(b) The reliability and quality of the data on the website is dependent on the users uploading the data. Didgly takes no responsibility on the quality or reliability of this data if they do not correctly represent the accuracy of the area been captured and uploaded on the Website and/or App.
(b) Whilst Didgly makes every effort to ensure that the information uploaded on the Website and/or App is correctly geo referenced, it does not provide any warranties or representations, express or implied on the Website.
(c) The information on the Website’s content and outlook may change from time to time, at Didgly's sole discretion. However, we will strive to honour all individual/Corporate agreements existing at the time.
3.1 Ownership: Unless otherwise indicated, the Website and all associated Intellectual Property Rights, data, information, and software are owned by Didgly Pty Ltd and are protected by (rest of the contents should follow immediately)
copyright, moral rights, trademark and other laws relating to the protection of intellectual property. Didgly Pty Ltd reserves all of its Intellectual Property Rights.
3.2 Trademarks: The Didgly.com trademark and all associated Intellectual Property Rights are owned by Didgly Pty Ltd. Nothing in these Terms of Use confers upon you any rights to use or modify any of Didgly's trademarks.
4.1 Licence: Didgly may offer certain products to you at no charge, including free accounts and trial use (No Charge Products). Subject to your compliance with these Terms of Use and the law, Didgly grants to you a limited, non-exclusive, non-transferrable licence to use the No Charge Products subject to any additional terms that Didgly specifies and only for the period designated by us (Licence). You may only use the Licence for the purposes of determining if you wish to purchase a licence/authorization from Didgly and at all times excludes any Commercial Purpose and Unlawful Purpose. Didgly.com reserves the rights to terminate your Licence/authorization at any time and for any reason in its sole discretion, without liability to you.
4.2 Users: The Licence/Email authorization is only to be used by you and/or specific individual(s) whom you have requested Didgly.com provision for access under the License (Authorised Users).
4.3 Acknowledge Didgly Source: You and any Authorised Users must not remove or cause remove any Didgly.com logo, watermark or other Didgly.com attribution in any No Charge Products.
4.4 Password/ID: Any password/ID issued by Didgly to you and any Authorised Users are personal and confidential to that individual. If Didgly.com suspects that any password/ID is being used by a different user to the individual whom it was issued to, Didgly may:
(a) Immediately cancel that password/ID; and/or
(b) Immediately cease your access to the No Charge Products.
4.5 Use of No Charge Products
You are not permitted to:
(a) Use your access to the Website and/or App or the No Charge Products under the Licence/authorization email for the purposes of creating a database of images for regular inspections, monitoring project performance or other commercial purposes and
(b) Upload, index or store any imagery/videos in connection with the Licence/authorization (Content), with the exception the time period for access to the website would be limited.
4.6 Confidentiality: You and any Authorised User must keep the Licence and account access details secure and confidential. Unless otherwise authorised in writing by Didgly, you must not share the Licence/authorization email or didgly.com account access details with any person or third party other than (a) an Authorised User or (b) if required to do so by applicable law, administrative process or court order; provided, however, you will limit the disclosure to only that information that must be disclosed to comply with such law, process or order and will give Didgly.com prompt prior notice of such compelled disclosure to the extent legally permitted, so that Didgly may seek to protect such information. You must notify Didgly immediately if you become aware that there is or has been an unauthorised use of your Licence and account access details, or any other security breach relating to your account.
4.7 Delete, Destroy and Return At the expiry of the period of the Licence/email confirmation period, or if the Licence is terminated in accordance with these Terms of Use or in accordance with any other relevant terms and conditions, you must immediately destroy, delete or return to Didgly all No Charge Products.
4.8 Product-Specific Terms: You agree to the Product-Specific Terms that apply specifically to the No Charge Products.
4.9 Feedback Where you and/or your Authorised Users provide any written or oral feedback, comments, questions, suggestions or the like on features and functionality of a product, including but not limited to a No Charge Product, Didgly is free to use such feedback, however keeping into consideration any other obligation or limitation between the parties governing such feedback.
Termination : Didgly may, in its sole discretion prevent you from accessing the Website and/or Mobile App for any reason, including without limitation, if Didgly believes that you have breached these Terms of Use, act in a manner that clearly shows that you do not intend to, or are unable to comply with these Terms of Use.
6.1 Didgly uses Third Party Providers to offer geo referenced imagery on the website and/or app, for sharing boundary related information for different States and for storing the data. You agree that you will comply with all requirements and restrictions that Third Party Providers may impose on directly, or indirectly by imposition on Didgly in relation to their respective products and/or services, at the time of, or after, these Terms of Use. You acknowledge that provision of the No Charge Products is subject to, and dependent upon, adequate delivery of products and services by the Third-Party Providers. In accordance with clause six of these Terms of Use, Didgly.com's liability will to be reduced to the extent that loss or damage of any kind is caused, or contributed to, by Third Party Providers. For your convenience, Didgly has set out in this clause six links to the terms and conditions of these Third-Party Providers with which you and any Authorised Users are required to comply. You further acknowledge that, by using the Licence and entering these Terms of Use, you agree to comply with the respective terms and conditions of Third-Party Providers, which currently include the Third-Party Providers set out below. Third Party Providers and their terms of supply may change from time to time during your use of Licence.
(a) Google and Apple: Didgly engages Google and Apple to supply navigation and geo-location data, and related content. By entering into these Terms of Use, you agree to the Google Terms of Service as they apply to you.
(b) Land Systems of different States and Territories
Didgly uses online land information systems of various States and Territories for offering existing boundary information in these States. By using our website, you are thereby confirming to adhere to all terms and conditions laid by the following third parties in the following States and Territories:
(c) Amazon Web Services (AWS)
Didgly engages Amazon Web Service, Inc. to store the data. By entering these Terms of Use, you agree to comply with the AWS Customer Agreement as it applies to you. Use of the No Charge Products are also subject to your compliance with the AWS policies.
7.1 Exclusion of Warranties: The Website and/or the mobile app and the No Charge Products are provided "as is", and as uploaded by various users, Didgly and its content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates, any warranties as to any files you upload or download from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into these Terms of Use whether by law, statute or otherwise.
7.2 No Representations: While Didgly uses reasonable efforts to ensure the accuracy, correctness and reliability of the imagery uploaded on the Website, Didgly makes no representations or warranties as to the accuracy, correctness or reliability of any No Charge Products or content contained on the Website. The No Charge Products and the Website are subject to errors, omissions, inaccuracies, and distortions and Didgly will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the No Charge Products or the Website or the mobile app.
7.3 No Liability for Claims: To the extent permitted by law, in no event will Didgly, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the No Charge Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from didgly.com.
7.4 Aggregate Limit: In no event will the aggregate liability of Didgly, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the No Charge Products and Website exceed $100.
7.5 Third Party Providers: You acknowledge that Didgly relies on the services of Third- Party Providers in order to supply the geo referenced imagery, title information and storage services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Didgly will not be liable for any loss, damage, or cost of any kind, that is caused, or contributed to, by a third-party service provider.
7.6 Indemnity: You agree to indemnify and hold Didgly and its director(s), officer, employees, agents and subcontractors, harmless from and against any third party Claims, and must pay on demand all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by Didgly, which arises out of your use of the Website, the Mobile App and the No Charge Products.
In these Terms of Use:
Claim means any claim, cost (including legal costs on a solicitor and client basis), damages, debt, expense, tax, liability, loss, obligation, allegation, suit, action, demand, cause of action, proceeding or judgment of any kind however calculated or caused, and whether direct or indirect, consequential, incidental or economic.
Commercial Purpose means to distribute, transfer, sell, sub-licence or pass possession of any No Charge Products (in whole or in part) for the purpose of direct commercial benefit or gain by you.
Corporations Act means the Corporations Act 2001 (Cth).
Intellectual Property Rights includes all industrial and intellectual property rights throughout the world including copyright, moral rights, trademarks, patents, rights to protect confidential information and any similar rights.
Didgly means Didgly Pty Ltd (ABN 48 672 504 933)
Related Parties has the meaning given in the Corporations Act
Subsidiaries has the meaning given in the Corporations Act
Third Party Providers means third party providers of products and services to Didgly.
Unlawful Purpose means any unlawful purpose, including but not limited to stalking, harassing, or intimidating any person or engaging in misleading or deceptive conduct.
Website means all webpages and sub-sites available within the didgly.com domain:https://didgly.com/
You, your or you mean the person or entity who or which is acquiring the right to use the Website under these Terms of Use.
