Terms & Conditions

These terms and conditions, together with our Privacy Policy, Terms of Business and online affiliate join process and any additional terms, conditions, notices and disclaimers (“Terms”) displayed elsewhere on www.datasafehaven.com.au (“the website”) govern your use of and access to the website.

Please read the Terms carefully and, if you do not accept the Terms, do not use the website.

“Us”, “we” or “our” means iCumulus Pty Ltd (ACN 151 741 892). We may change all or part of the Terms at any time. If we do, the new Terms will be posted on the website. Your continued use of the website will constitute your acceptance of any changes. If you object to any changes to the Terms, you should immediately discontinue your use of the website.

These Terms were last updated on 29th May 2017

Use of the platform

This platform was developed as a mutually beneficial portal for the comparison and washing of data generated via online means between client and publisher. Clients (Advertisers) provide scrub lists, details of consumers that are NOT to receive electronic communication from this client. Publishers compare the members of their databases in preparation for an electronic advertising campaign to its members. Comparing data will determine the consumers who can receive these communications from the publisher on behalf of the client

All data uploaded in the platform is encrypted in such a manner that no party can view the data of the other, client and publisher or iCumulus. iCumulus will not be able to view any data set unless agreed by the owner of the data

Confidentiality

Agreements exist between iCumulum and clients and iCumulus and publishers, for any additional information on these agreements please contact iCumulus

The Platform

1. While we use reasonable endeavours to ensure that the platform is available continuously, we do not make any representations or warranties that your access will be uninterrupted. Your access to the platform may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

2. We reserve the right to change or discontinue any feature or service (or part thereof) on the platform at any time.

Registration

3. We reserve the right, in our sole discretion, to suspend or terminate your registration or access to all or any part of the platform, including if we believe you are abusing the services provided on the platform in any way or have breached the Terms.

Intellectual Property

4. The material contained on our platform is protected by copyright.

5. The platform, products, technology and processes contained in this platform may be the subject of other intellectual property rights owned by iCumulus or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this platform must not in any way infringe the intellectual property rights of any person.

Limitation of liability

6. To the extent permitted by law, we exclude all conditions and warranties relating to your use of the platform that are not expressly set out in the Terms. In particular, subject to any right that you might have under consumer protection laws, we will not be liable:

(a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss) however caused and which is suffered directly or indirectly in connection with the use of this platform;

(b) for disruptions to this platform; or

(c) to you or anyone else if damage to or interference with your computer systems occurs in connection with use of this platform or an external site. You must take your own precautions to ensure that whatever you select for use from this platform is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

7. To the extent that our liability for any breach of any warranty or guarantee cannot be excluded by law, our liability will be limited, at our option to:

(a) the resupply of services supplied or offered by us; or

(b) the payment of the cost of having those services resupplied.

Indemnity

8. To the extent permitted by law, you agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the platform, including any breach by you of the Terms.

Severability

9. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of the provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.

No waiver

10. No waiver of any Term will be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.

Applicable law

11. Your use of this platform is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this platform are subject exclusively to the jurisdiction of the courts of New South Wales, Australia.

12. This platform may be accessed throughout Australia and overseas. We make no representations that the content of this platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access this platform from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.