“I spend a lot of time pulling together research in locations all over the world
, and need to safely store my writings, notes and images while on the move. It’s
critical I have access to this information 24/7, and the ability to selectively
distribute my work to others to / from any location.”
“DocLocker has allowed me to do this with no reliance on a specific technology or
the need for my laptop or any other hardware, software or IT skill.”
“It’s easy to use and costs less than a coffee a day!”
Advertising Executive and Author
Source Marketing Pty Ltd
Terms & Conditions
VERSION DATE: JUNE 15, 2008
This legal notice applies to the entire contents of this website (“Site”) DocLocker.com, which includes all the related URLs. You indicate your acceptance of this agreement by using any part of this website. If you do not agree with any part of these Terms of Use, you must stop using the Site immediately and destroy any Materials you have acquired from it. DocLocker reserves the right to change the Terms of Use. Your use of the Site is regulated by the most current version of the Terms of Use, which is binding on you.
Acceptable Use
You must use the Site in a responsible manner. You must not attempt to breach or circumvent Site security ("Hacking") or use the Site in connection with any Hacking activities. In addition, you must not use the Site to:
- breach any law, third party rights or any applicable codes or regulations;
- send unsolicited or unwelcome messages;
- mislead or deceive;
- post or transmit information that infringes the rights of a third party, including the right of privacy or publicity;
- cause the spread of a virus or another harmful object;
- post or transmit junk mail, "spam" or "chain letters";
- collect or store personal data about others without permission;
- promote in any way illegal or unwelcome activities; and
- undertake promotions or commercial activity.
At DocLocker we don't impose fixed limits to the amount of storage you put on your locker. We don't charge you per GB of storage or for Bandwidth used or for the load that you generate on our systems. In fact, we don't even charge for the number of users who share your locker (only the owner is charged, guests are always free!). Instead we apply a Fair Use Policy.
To date, instances of "unfair use" have been very rare ensuring customers continue to enjoy the limitless qualities of our service.
What does this Fair Use Policy mean?
DocLocker is a shared service and we cannot allow the actions of a few users to negatively influence the system performance for the majority. Some types of activities are obviously violations such as the placing of illegal content on to a DocLocker and we retain the right to shut down the Locker for these purposes. However, some other activities can cause network performance issues. These activities are difficult to summarize in a policy but are usually caused by a combination of items such as file types used, storage capacities, geographic locations, etc. As such, we retain the right to intervene in order to uphold the overall DocLocker high-quality user experience.
When do we invoke the Fair Use Policy?
DocLocker retains the right to limit or halt service to any user placing dangerous or illegal content on a Locker. E.g., don't store illegally downloaded music on your DocLocker. Laws that prohibit accommodating this particular use bind DocLocker.
DocLocker retains the right to limit or halt service to any user imposing excessive load on the DocLocker system so that this will compromise the system performance for the majority. E.g., don't turn your DocLocker into a popular software-sharing site. It's just not meant to be used that way.
DocLocker retains the right to limit or halt service to any user, in the rare event that we are not able to keep up with the overall storage growth.
What happens when we invoke the Fair Use Policy?
DocLocker wishes to keep its customers satisfied, even those who are in violation of the Fair Use Policy, because we acknowledge that this might not be intentional. Therefore, when we invoke the Fair Use Policy, by limiting or halting the service, we will get in touch with the impacted users to find a mutually agreeable solution.
DocLocker may monitor use of the Site
In order to effectively operate the Site, DocLocker may monitor and record certain aspects of your use of the Site. All information collected is regulated by DocLocker’s Privacy Policy, which complies with applicable Australian and European Union laws. You authorise DocLocker to collect, store and use such information and waive any right of action in connection with the collection, storage and use of such information by DocLocker or an authorised associate of DocLocker.
Availability
DocLocker tries to ensure that the Site is available 24 hours a day, however, the limitation of liability and disclaimer set out below apply equally to the availability of the site. DocLocker is not liable if for any reason this Website is unavailable at any time and for any period and for any reason. DocLocker may suspend access to the Site without notice at any time.
Result of Breach
If you breach any part of this notice, your permission to use this Site automatically terminates and you must immediately destroy any Materials obtained from this Site.
1 . SCOPE & APPLICATION
1.1
These conditions of sale ("Conditions") apply to all offers,
sales and purchases of products (including, without limitation, hardware and/or
software) ("Products") or services ("Services") which are sold
through the website on which we post these Conditions ("site") by:
(a) DocLocker Worldwide Limited, I (references to "us",
"we" or "our" being construed accordingly) the seller, to
(b) you, the purchaser (references to "you" or "your"
being construed accordingly). The seller for the purposes of this agreement includes
any authorised reseller of DocLocker worldwide ltd unless specifically provided
otherwise in these terms and conditions.
1.2
All purchases are final, non-cancellable and non-refundable, except as
specified in the applicable returns policy.
2 . OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
2.1
Any prices, quotations and descriptions made or referred to on this Site
are subject to availability, do not constitute an offer and may be withdrawn or
revised at any time prior to our express acceptance of your order (as described
below).
2.2
While we make every effort to ensure that items appearing on the Site are available,
we cannot guarantee that all items are in stock or immediately available when you
submit your order. We may reject your order (without liability) if we are unable
to process or fulfil it. If this is the case, we will refund any prior payment that
you have made for that item.
2.3
An order submitted by you constitutes an offer by you to us to purchase
Products or Services on these Conditions and is subject to our subsequent acceptance.
2.4
Prior to such acceptance, an automatic e-mail acknowledgement of your order
may be generated. Please note that any such automatic acknowledgement does not constitute
a formal acceptance of your order.
2.5
Our acceptance of your order takes effect and the contract concluded at
the point where such offer is expressly accepted by us dispatching your order/commencing
Services and accepting your credit card or other payment ("Acceptance").
2.6
We may keep records of orders received, acknowledgements, acceptances and
other contract records for a reasonable period after Acceptance. We may be able
to provide you with copies on written request; however you must make sure you print
a copy of all such documents and these Conditions for your own records.
3 . YOUR REPRESENTATIONS
3.1
3.2
You are responsible for maintaining and promptly updating your account information with us for accuracy and completeness and keeping such information (and any passwords given to you for the purposes of accessing the Site and/or purchasing Products) secure against unauthorised access.
3.3
Unless agreed otherwise or required by applicable law, any warranties provided in relation to Products or Services only extend to you on the understanding that you are a user and not a reseller of those Products or Services.
3.4
No warranty, commitment or any other obligation should ever be assumed by you on our behalf or on behalf of a Product manufacturer, licensor, reseller or supplier without our express prior written consent.
4 . PRICE AND TERMS OF PAYMENT (NOTE: WE CANNOT CONFIRM PRICES PRIOR TO ACCEPTANCE OF YOUR ORDER)
4.1
Prices payable for Products or Services are those in effect at the time of delivery, unless otherwise expressly agreed. Prices may be indicated on the Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to you on our Acceptance.
4.2
We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labour or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price.
4.3
The places that we deliver to are listed on the Site ("Territory"). Unless otherwise specified, prices quoted are:
4.3.1
exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Site); and
4.3.2
exclusive of GST or VAT and any other tax or duty which (where applicable) must be added to the price payable;
you agree to pay for taxes, shipping or carriage of Products as such costs are specified by us on the Site when you submit your purchase order.
4.4
Payment shall be made prior to delivery and by such methods as are indicated
on the Site (and not by any other means unless we have given our prior agreement).
4.5
Except as expressly provided elsewhere in these Conditions or the Site,
payment may be taken in full or by periodic credit card payment as per our specific
offer.
4.6
We will charge credit or debit cards on dispatch of the Product or commencement
of Services. We reserve the right to verify credit or debit card payments prior
to Acceptance.
4.7
Where the payment is invoiced, each invoice shall be due on and made in
full within thirty (30) days of the date of relevant invoice. If at any time you
fail to pay any amount due on the relevant due date, we may by written notice declare
all invoiced amounts unpaid at that date to be immediately due and payable.
4.8
No counterclaim or set-off may be deducted from any payment due without
our written consent. We may also take action against you for the price of Products
at any time after payment has become due even though property in those Products
may not yet have passed to you.
4.9
Any extension of credit allowed to you may be changed or withdrawn at any
time. Interest shall be chargeable on overdue amounts accruing on a daily basis
at the maximum amount permitted under applicable law from the due date for payment
until our receipt of the full amount (whether before or after judgement). You shall
indemnify us on demand against any out of pocket expenses incurred in relation to
recovery of any overdue amounts.
5 . TERMINATION
5.1
If you commit an act of bankruptcy or enter into a deed of arrangement
with creditors or a court order for winding-up is made against you or you take or
suffer any similar action in consequence of debt or we have cause to believe that
you are unable to pay your debts as they fall due; or you fail to pay any amount
by the due date or breach any of these Conditions then, without prejudice to any
of our other rights, we may:
5.1.1
stop any Products in transit; and/or
5.1.2
suspend further Product deliveries; and/or
5.1.3
stop or suspend provision of Services; and/or
5.1.4
by written notice to terminate your order and all or any other contracts
between us and you.
6 . DELIVERY AND RISK
6.1
Delivery timescales/dates specified on the Site, in any order acknowledgement,
acceptance or elsewhere are estimates only. While we endeavour to meet such timescales
or dates, we do not undertake to dispatch Products and/or commence Services by a
particular date or dates and shall not be liable to you in respect of delays or
failure to do so.
6.2
Delivery shall be to a valid address within the Territory submitted by
you and subject to Acceptance ("Delivery Address"). You must check the
Delivery Address on any acknowledgement or acceptance we provide and notify us without
delay of errors or omissions. We reserve the right to charge you for any extra costs
arising from changes you make to the Delivery Address after you submit an order.
6.3
If you refuse or fail to take delivery of Products provided in accordance
with these Conditions, any risk of loss or damage to the Products shall nonetheless
pass and without prejudice to any other rights or remedies we have:
6.3.1
we shall be entitled to immediate payment in full for the Products or Services
delivered and either to effect delivery by whatever means we consider appropriate
or to store Products at your risk;
6.3.2
you shall be liable to pay on demand all costs of Product storage and any
additional costs incurred as a result of such refusal or failure to take delivery;
6.3.3
we shall be entitled 30 days after the agreed date for delivery to dispose
of Products in such manner as we determine and may set off any proceeds of sale
against any sums due from you.
6.4
Except to the extent required as a result of any mandatory rights you have
as a consumer under applicable law, you shall not be entitled to reject the Products
in whole or in part by reason of short delivery and shall pay in full notwithstanding
short delivery or non-delivery unless you notify us in writing of any claim within
7 days of the latest of the date of receipt of the relevant invoice or delivery
whereupon you shall pay for the quantity actually delivered.
6.5
Where we deliver Products or Services by instalments, each instalment constitutes
a separate contract and any defect in any one or more instalments shall not entitle
you to repudiate the contract as a whole nor to cancel any subsequent instalment.
6.6
Save as otherwise provided in these Conditions, risk of loss of or damage
to the Products passes to you on delivery or when placed in your possession or that
of any carrier or transport provided by you, whichever shall occur first.
7 . REJECTION, DAMAGE OR LOSS IN TRANSIT
7.1
Except as set out above or under any applicable Returns Policy and subject
to any rights you have under applicable law that cannot be excluded or limited by
these Conditions:
7.1.1
we shall not be liable and you shall not be entitled to reject Products
or Services, except for:
(a) damage to or loss of Products or any part thereof in transit
(where the Products are carried by our own transport or by a carrier on our behalf)
where notified to us within 5 working days of receipt of the Products;
(b) defects in Products (not being defects caused by any act, neglect
or default on your part) notified in writing to us within 30 days of receipt of
the Products;
(c) defective performance of Services (not being defects caused
by any act, neglect or default on your part) where notified in writing to us within
5 days of such defect becoming apparent;
7.1.2
we shall not be liable for any damage or losses arising from defective
installation of the Products; from the use of the Products in connection with other
defective, unsuitable or defectively installed equipment; your negligence; improper
use or use in any manner inconsistent with the manufacturer's specifications or
instructions;
7.1.3
where there is a shortage or failure to deliver, or any defect in or damage
to a Product or Service, we may at our option:
(a) (in the case of Product shortage or non-delivery) make good
any such shortage or non-delivery; and/or
(b) in the case of failure to perform or defective performance
of a Service, make good such failure or defective performance; and/or
(c) in the case of damage or any defect(s) in the Product and in
accordance with any applicable Returns Policy;
(i) replace or repair the Product
upon you returning the Product; or
(ii) refund the price paid in respect
of any Products found to be damaged or defective.
8 . Registration
No modification
You must not undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, separation, disassembling or hacking of the whole or part of the Site or Platform.
Limited Licence
The Materials on this Site are protected by copyright and other applicable laws. Unless otherwise stated, all Materials are the property of DocLocker and its licensors. Any rights not expressly granted are reserved. Unless expressly provided herein or in accordance with copyright law, you are only permitted to print and download extracts from this Website on the following basis:
- no documents or related graphics on this Website are modified in any way;
- no graphics on this Website are used separately from accompanying text;
- no third party or end user licenses are breached; and
- DocLocker’s copyright and trade mark notices appear unobscured in all copies.
Links to
The Site may contain links to other web sites ("Linked Sites") that are not under the control of DocLocker. DocLocker is not responsible for the contents or availability of any Linked Site. DocLocker is not responsible for any form of transmission received from any Linked Site. DocLocker is providing these links to you merely as a convenience and the inclusion of any link does not imply endorsement by DocLocker of the Site or any association with its operators. DocLocker makes no representations concerning Linked Sites at all. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
Links from other sites
You may only link to this Site on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following:
- you do not remove, or alter in any way the DocLocker trademarks and branding;
- you do not create a frame or any other browser or border environment around this Site;
- you do not in any way imply that DocLocker is endorsing any products or services other than its own;
- you do not misrepresent your relationship with DocLocker nor present any other false information about DocLocker;
- you do not otherwise use any DocLocker trademarks displayed on this Site without express written permission from a DocLocker company officer;
- you do not link from a site that is not owned by you; and
- your site does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
9 . LIABILITY LIMITATION
To the maximum extent legally permitted, whether or not we were aware or advised
of the possibility of damages, and whether or not the limited remedies provided
herein fail their essential purpose:
(a) our aggregate liability (whether for breach of contract, tort
or any other legal theory) shall in no circumstances exceed the cost of the products
you ordered and that are most closely related to your damages;
(b) we shall not be liable for special, incidental, indirect, or
consequential damages, lost profits, lost revenue, or cost of cover; and
(c) we shall not be liable for any misrepresentation, breach of
contract, misstatements, or actions of any reseller or agent from whom you have
acquired or been advised to acquire the products.
10 . THIRD PARTY RIGHTS
10.1
You shall indemnify us against any and all liabilities, claims and costs
incurred by or made against us as a direct or indirect result of us performing Services
or carrying out any work on or to the Products where this has been done to your
(or your representative's) specific requirements or specifications causing an infringement
or alleged infringement of any proprietary rights of any third party.
10.2
To the fullest extent permitted by law and save where expressly set out
in any Licence Terms or elsewhere, we shall have no liability to you in the event
of the Products or Services infringing or being alleged to infringe the proprietary
rights of any third party. In the event that the Products are or may be the subject
of patent, copyright, database right, registered design, trade mark or other rights
of any third party, you should refer to the relevant terms of the Product manufacturer
and/or licensor/owner. We shall be obliged to transfer to you only such right or
title as we have.
11 . WARRANTY "AS IS" IN GENERAL - WITHOUT REGARD TO SEPARATE WARRANTY
STATEMENTS PACKAGED BY THE MANUFACTURER WITH THE PRODUCTS
11.1
All Product specifications, illustrations, drawings, particulars, dimensions,
performance data and other information on the Site or made available by us are intended
to represent no more than a general illustration of the Products or Services and
do not constitute a warranty or representation by us that the Products or Services
will conform with the same. You must refer to the manufacturer's specifications
or warranty documentation to determine your rights and remedies in this regard.
11.2
You will have the benefit of the manufacturer's, licensor's or supplier's
warranty with the Products supplied and should refer to the relevant documentation
supplied with the Product in this regard. (If applicable, a Returns Policy may also
set out procedures applicable to repairs or replacement of defective Products delivered.)
11.3
Your rights of repair or replacement of any Products or any part or parts
thereof which are found to be defective will (except where agreed otherwise) be
negated or rendered void where:
11.3.1
Products have been repaired or altered by persons other than the manufacturer,
us or any authorised dealer; and/or
11.3.2
Products or Services have not been returned together with full details
in writing of the alleged defects within 30 days from the date on which such Products
or Services were delivered; and/or
11.3.3
Defects are due (wholly or partially) to mistreatment, improper use or
storage or maintenance or installation, or failure to observe any manufacturers'
instructions or other directions issued or made available by us in connection with
the delivered Products or Services.
11.4
Except as expressly stated otherwise in this section 11, we make no express
warranties or representations and we disclaim all implied warranties and representations
whether made directly or indirectly by us or any agent or reseller including, without
limitation, the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. These conditions state your sole and exclusive remedies.
12 . CONSENTS, CUSTOMS DUTIES & EXPORT
12.1
If any licence or consent of any government or other authority is required
for the acquisition, carriage or use of the Products or Services by you, you shall
obtain such licence or consent at your own expense and if necessary produce evidence
to us on demand. Failure so to do shall not entitle you to withhold or delay payment
of the price. Any additional expenses or charges incurred by us resulting from such
failure shall be met by you.
12.2
Products licensed or sold to you under these Conditions may be subject
to export control laws and regulations in the Territory or other relevant jurisdiction
where you take delivery or use them. You shall be responsible for complying with
those laws and will not do anything to breach them.
12.3
Items entering a jurisdiction from outside that jurisdiction may be subject
to customs charges (e.g. where costs are in excess of your personal import allowance)
or other taxes or imposts or duties. You may be subject to customs charges, import
duties and taxes or imposts levied prior to or when the Product or Service reaches
your specified destination. Any such additional charges for customs clearance or
import duties, imposts or taxes must be met by you, since we have no control over
what these charges are. You should contact the local revenue authorities in the
relevant jurisdiction for further information on customs policies or duties.
13 . NOTICES
Any notice or other communications in relation to our contract may be given by sending
the same by hand delivery, pre-paid post, fax or e-mail to the latest address and
contact that one party has notified in writing to the other. This will also be the
address for service of legal proceedings in the manner prescribed by law. Except
as set out above in relation to cancellation of consumer orders, such notices or
communications (where properly addressed) shall be considered received:
(a) in relation to hand delivery, on the date of delivery at the
relevant address (or, if this is not a working date, the first working date thereafter);
(b) if posted, 5 working days after the date of posting;
(c) if by fax, on the date of the transmission as evidenced by
a successful transmission contact report (or, if this is not a working date, the
first working date thereafter;
(d) if sent by email, on the earliest of:
(i) the email being acknowledged
by the recipient as received;
(ii) receipt by the sender of an
automated message indicating successful delivery or the email having
been opened; or
(iii) the expiry of 48 hours after
transmission, provided that the sender has not received notification
of unsuccessful transmission.
14 . PERSONAL INFORMATION AND YOUR PRIVACY
14.1
We will observe applicable data protection laws and will not use information
that does or can be used to personally identify you ("Personal Data")
other than as set out in our Privacy Policy. By submitting
your Personal Data in relation to your order, you consent to such Personal Data
being processed to fulfil your order and in accordance with such Privacy Statement.
14.2
In relation to security of orders that you place with us our secure-server
software encrypts all your Personal Data including credit or debit card number,
name and address. This means that the characters that you enter are converted into
pieces of code that are then securely transmitted over the Internet.
15 . GENERAL
15.1
You shall not assign, transfer, charge or make over or purport to assign
transfer charge or make over your rights under these Conditions.
15.2
We shall not be liable to you nor held in breach of contract for any loss
or damage which may be suffered as a direct or indirect result of us being prevented,
hindered or delayed in the performance by reason of any circumstances beyond our
reasonable control including (but not limited to) any act of God, war, riot, civil
commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out,
trade dispute or labour disturbance, breakdown of plant or machinery, interruption
in the supply of power or materials and in such event we may elect to cancel your
order and refund any payments made.
15.3
You acknowledge that these Conditions supersede and cancel all previous
contracts, agreements and working arrangements whether oral or written, express
or implied, between us. These Conditions prevail over any other terms or conditions
contained in or referred to elsewhere or implied by any law, trade or commercial
custom or course of dealing. Any purported terms or conditions to the contrary are
hereby excluded to the fullest extent legally permitted. To the fullest extent permitted
under any applicable law in the relevant jurisdiction in which a claim is made,
we reserve the right to modify these Terms and Conditions upon prior written notice
to you with effect for the future - subject to your right to reject, by way of written
notice, our modifications to these Conditions with respect to any orders for which
Acceptance, but not yet fulfilment, has occurred.
15.4
No relaxation, forbearance, delay or indulgence by either you or us in
enforcing any of these Terms and Conditions or the granting of time by either party
to the other shall prejudice or restrict such rights and powers.
15.5
No waiver of any part of these Terms and Conditions shall be effective
unless made in writing and signed by us. The waiver of any breach of any Term or
Condition shall not be construed as a waiver of any subsequent breach or condition.
15.6
If for any reason we determine or a court of competent jurisdiction finds
that any provision or portion of these Terms and Conditions to be illegal, unenforceable,
or invalid under applicable law in a particular jurisdiction:
15.6.1
These Terms and Conditions will not be affected in other jurisdictions
to the extent that any determination or finding has no application; and
15.6.2
In the relevant jurisdiction, the remainder of these Terms and Conditions
(to the fullest extent permitted by law) will continue in full force and effect.
16 . GOVERNING LAW
The construction validity and performance of these Conditions shall be governed by New South Wales Law in the Commonwealth of Australia and the parties submit to the exclusive jurisdiction of Courts in New South Wales in the event of legal proceedings arising from any dispute.
16.2
The language of any dispute resolution procedure or any proceedings will be English.