1. Overview
1.1. Dazhboards Pty Ltd ACN 669 295 096 (we, us, our) operates the platform named Dazhboards with the domain name https://front.dazhboards.com/ (Platform), a platform developed and owned exclusively by us. These Terms and Conditions (Terms and Conditions) record an agreement between you (you, your), as the user and us for the purpose of your use of the Platform.
1.2. We and our third-party licensors reserve the right to update, modify, replace, limit, and expand the Platform and its functionality.
1.3. Prior to using the Platform, you should read these Terms and Conditions carefully.
2. Acceptance of Terms and Conditions
2.1. By using the Platform, you are accepting these Terms and Conditions and agree to be bound by them.
2.2. We reserve the right to make changes to these Terms and Conditions from time to time without notice.
2.3. These Terms and Conditions apply continuously and anew each time you use the Platform. We reserve the right to make changes to these Terms and Conditions from time to time without notice, and you should check the Terms and Conditions upon each use of the Platform.
3. Use
3.1. To use the Platform, you may be required to supply the following information:
i) Your name;
ii) Your email address;
iii) An address;
iv) Credit card or bank account details for payment purposes;
v) Any other information required to use the Platform;
(User Data).
3.2. Failure to supply correct User Data may result in you being unable to use the Platform as intended.
3.3. We may use the User Data for the purpose of providing the functionality of the Platform and any related purpose. In order to do so, we may share the User Data with other parties, including stakeholders and contractors.
3.4. Our use of any personal information provided within the User Data will be in accordance with our Privacy Policy available at https://front.dazhboards.com/privacy-policy/.
3.5. You must not use the Platform for any unconscionable behaviour or activity, including but not limited to:
i) Engaging in abusive, derogatory, discriminatory, or vexatious behaviour;
ii) Engaging in any activity that disrupts or corrupts the Platform or the networks that host the Platform; or
iii) Attempting to hack, reverse-engineer, disable, circumvent, or otherwise gain access to any security, database, or other secure aspect of the Platform.
3.6. You may link to the Platform only:
i) With our prior express permission;
ii) In a way that is fair, unbiased, legal and does not damage or exploit our reputation; or
iii) In a way that does not suggest either express or implied any association or endorsement by us.
3.7. You must remove or procure the removal of any link to the Platform immediately upon receiving notice from us to do so. We may give such notice at our absolute discretion without justification.
3.8. You must not modify, adapt or hack the Platform or modify another website or software so as to falsely imply that it is associated with the Platform or us. You must use the Platform for its intended purpose. You may not use the Platform for any illegal or unauthorised purpose, including the transmission of malware. You must not use the Platform to violate any laws in any jurisdiction, including but not limited to copyright laws. For the avoidance of doubt, you must not infringe upon the copyrights of any other person in using the Platform.
4. Advertisements
4.1. We may display advertisements by third party sponsors on the Platform (Ads). In doing so, we do not warrant the functionality of the business, product, or service being advertised in the Ad. We do not hold ourselves out as partners, affiliates, guarantors, or as having any other type of legal or professional relationship with the third party sponsors.
4.2. Where Ads link to third party websites, we do not warrant the safety, functionality, or suitability of these websites. We are in no way liable for any loss, damage, risk or liability incurred from you visiting any third party websites accessible through Ads.
4.3. Advertised third party websites may be subject to their own terms and conditions. We do not verify or warrant the legality or suitability of those terms and conditions, and we encourage you to read them before accessing or using the linked site.
5. Fees and Payment
5.1. By accepting these Terms and Conditions you authorise us or any third-party service provider to debit your account at the relevant financial institution connected with the payment details identified and provided in your User Data. This may be for payment of your subscription fee when you first subscribe to the Platform and any subsequent monthly or annual subscription fees (as applicable) and additional product fees (Fees).
5.2. Fees and other amounts payable to us for the Platform are published on our website at https://front.dazhboards.com/price-02/ and are charged in Australian Dollars. We reserve the right to amend pricing rates from time to time at our discretion.
5.3. Where an affiliate facilitates the sale of your product or service, we will be responsible for remitting any commission due to the affiliate (Affiliate Fee). A separate invoice will be issued for the Affiliate Fees, clearly indicating the amounts due.
5.4. Fees are payable monthly in advance and will be direct debited from your nominated bank account or credit card at the time of subscription, and then on each subsequent monthly anniversary of the subscription date.
5.5. Affiliate Fees are payable retrospective of the sale and will be directly debited from your nominated bank account or credit card at the time the Fees are due, provided there are Affiliate Fees payable in that given month.
5.6. If sufficient funds are not available in your nominated financial account at the time of processing a payment:
i) We will issue an email notification to you providing notice of the payment default.
ii) A second attempt to direct debit the fees from your nominated bank account or credit card will occur three days after the failed attempt.
iii) If the payment is declined a second time, your subscription will be temporarily disabled until the payment is successfully made.
iv) All charges are inclusive of Goods and Service Tax (GST) where applicable.
5.7. If there are any disputes regarding the Affiliate Fees, you must notify us within 30 days of the invoice date. After this period, all Affiliate Fees are considered final and non-disputable.
6. Third party payment service
6.1. We use Stripe to process payments on the Platform. Payments processed through the Stripe payment processing service are subject to Stripe’s terms and conditions which can be viewed at www.stripe.com/au.
6.2. From time to time, we may use a payment service provider other than Stripe in which case payment will be subject to the relevant payment service provider’s terms and conditions.
7. Refunds
7.1. If you believe you are entitled to a refund you can contact us through the contact details stated below. Any request for a refund must include, at a minimum:
i) Details of the product or service that you would like refunded;
ii) The reason why you believe you are entitled to a refund;
iii) Evidence of the defect or damage that warrants a refund.
7.2. We will investigate any request for a refund we receive. We may, at our absolute discretion, offer to refund or replace the product or service, offer you a credit for the value of the product or service, or offer a full or partial refund for the product or service.
7.3. Subject to any rights you may have under Australian Consumer Law, all requests for refunds will be dealt with at our absolute discretion.
7.4. Unless we determine otherwise at our absolute discretion, requests for refunds due to a change of mind will not be considered.
7.5. Notwithstanding any other provision of these Terms and Conditions, we are in no way required to refund any amount.
8. API Integrations
8.1. You may integrate the Platform with third-party applications, services, and systems (Third-Party Applications) through our provided Application Programming Interface (API). You are responsible for ensuring that these integrations comply with the terms of this Agreement.
8.2. You are authorised to use the API within the limits established by our Documentation (if any). We reserve the right to modify, restrict, or discontinue the API availability at any time, without notice or liability.
8.3. It remains your responsibility to ensure that the use of the API with Third-Party Applications complies with this Agreement, our instructions, and any applicable laws. You must ensure that all users of the APIs are familiar and compliant with these terms.
8.4. We are not responsible for any damages, losses, or failures that arise from the use of Third-Party Applications integrated through an API. You agree to indemnify and hold us harmless against any claims, damages, or losses that result from such integrations.
8.5. You are liable for and indemnify us against any damage or loss caused by an act or omission in connection with the use of the APIs or Third-Party Applications, including without limitation:
i) Breach of this Agreement; or
ii) Where use of an API or Third-Party Applications is inconsistent with this Agreement, our reasonable instructions, or any applicable law, as determined by us at our discretion.
9. Intellectual Property
9.1. Your use of the Platform is pursuant to a non-exclusive license between you and us, which is granted subject to these Terms and Conditions. Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in the Platform or the Product beyond the ability to use it for its intended use.
9.2. Nothing in these Terms and Conditions or otherwise creates the right for you to sublicense the Platform.
9.3. You undertake not to reverse engineer, replicate, or otherwise copy the Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.
9.4. You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform or any products ordered through the Platform, use of the Platform, or access to the Platform without our prior express written permission. We claim copyright and all other intellectual property rights, including any registered and unregistered trademarks, over the Platform, its other products and services and reserve all of our rights.
9.5. All intellectual property and ownership rights subsisting in the Platform (including the user interface and the software comprising the Platform), the data derived from use of the Platform, and any other documentation, information or materials that are supplied by us to you, remain our or our third party licensors’ exclusive property. For the avoidance of doubt, nothing in this agreement assigns any ownership rights to you.
10. Operation of the Platform
10.1. You warrant that you will comply fully with all the Platform operating instructions. Any failure to comply fully with operating instructions may result in the sub-par or faulty performance of the Platform.
10.2. We accept no liability, and you release us from any such liability, associated with faults or errors caused by your non-compliance with all operating instructions.
10.3. We may suspend the Platform for any one or more periods of time if we are unable to provide the Platform due to a fault or dysfunction with our servers.
11. Modifications to the Platform
11.1. We reserve the right to modify or discontinue, temporarily or permanently the Platform and its other products and services with or without notice.
12. Waiver Suitability
12.1. The Platform may allow you to utilise waiver templates for participant signatures. These waivers can be customised and used by you to manage legal and liability agreements with your customers.
12.2. We do not assume any responsibility for the legal compliance, validity, or enforceability of the waivers uploaded to or generated by the platform. You are solely responsible for ensuring that the waivers meet all applicable legal requirements and are appropriate for your specific needs and circumstances.
12.3. It is your responsibility to seek professional advice as to the waivers you intend to use. We do not provide legal advice or any guarantee regarding the effectiveness of the waivers in protecting you from legal claims.
12.4. We provide waiver templates for your convenience. However, these templates are provided “as is” and without any warranty as to their suitability for any particular purpose. You can modify and customise these templates to fit your specific requirements.
12.5. The platform includes an e-signature feature for collecting participant signatures on waivers. While this functionality is designed to facilitate the waiver signing process, we disclaim any responsibility for the legal recognition or enforceability of electronic signatures collected through the platform.
12.6. Waivers and related data are retained on the platform as part of its CRM functionality. You are responsible for managing your data in accordance with all applicable privacy and data protection laws.
13. Use of Artificial Intelligence
13.1. We use artificial intelligence (AI) to gather insights and analyse various aspects of your business, including but not limited to sales trends and cost efficiency. While these insights are intended to assist in business decision-making, we do not guarantee the accuracy or reliability of any AI-generated information or outputs. You are advised to use these insights at your own risk and discretion. We disclaim all responsibility for any decisions made by or based on AI-generated analysis.
13.2. The Platform may identify reviews from sources including but not limited to TripAdvisor and Facebook and automatically reply with AI-generated responses. We are not liable for the content, accuracy, or appropriateness of AI-generated responses to reviews. You enable this functionality at your own risk and should review and, if necessary, modify these responses.
13.3. We do not warrant that the AI functionalities will meet your specific requirements or that they will be error-free. You acknowledge that AI-generated insights and responses are supplementary tools and should not replace professional judgment or human oversight.
14. Customer Data Extraction and Communication
14.1. We may extract customer data from your booking system to facilitate the provision of our services. This data extraction is performed in accordance with our Privacy Policy and applicable data protection laws.
14.2. If you set up any emails or other forms of communication to be sent to your customers through our platform, you must ensure that all such communications comply with our Privacy Policy and any applicable data protection laws. This includes, but is not limited to, obtaining any necessary consents from your customers for the processing and use of their personal data.
14.3. You are responsible for ensuring that your communications with customers comply with all relevant privacy and data protection regulations. Failure to adhere to these regulations may result in suspension or termination of your account and/or legal action.
14.4. You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising out of or related to your failure to comply with this clause and applicable privacy laws.
15. Automated Invoicing
15.1. The Platform includes functionality for automated invoicing, which is designed to streamline the invoicing process by generating and sending invoices based on data provided by suppliers and other users.
15.2. You acknowledge and agree that the accuracy of automated invoices depends on the accuracy and completeness of the data input by suppliers and other users. As such, we do not warrant or guarantee the accuracy, completeness, or reliability of any automated invoices generated by the Platform.
15.3. It is your responsibility to review all automated invoices for accuracy and to notify us of any discrepancies or errors as soon as possible. We will make reasonable efforts to correct any identified errors in a timely manner.
15.4. We disclaim any liability for any loss, damage, or expenses incurred as a result of reliance on automated invoices generated by the Platform. You use the automated invoicing feature at your own risk.
15.5. Any disputes arising from automated invoices should be reported to us within 30 days of the invoice date. After this period, the invoices will be considered final and non-disputable.
16. Warranties
16.1. You represent and warrant that we will not be liable for any direct or indirect expense, damage or injury (including indirect loss of revenue, profits, goodwill or business opportunity) howsoever caused, including arising directly or indirectly from or in connection with your use of the Platform.
16.2. Subject to any of the rights you may have under Australian Consumer Protection Law, we exclude to the fullest extent possible all implied terms and warranties, whether statutory or otherwise, relating to the Platform or any other matter under these Terms and Conditions.
16.3. The Platform is made available to you on an “as is” basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to:
i) The operation and functionality of the platform;
ii) the accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the software content; and/or
iii) the products and services associated with the Platform or its content.
iv) We further disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and/or non-infringement. No advice or information, whether oral or written, that you obtain from us shall create any warranty, representation or condition not expressly stated herein.
17. Limitation of liability
17.1. We disclaim all liability for any:
i) indirect, special, incidental, punitive, exemplary, reliance or consequential damages;
ii) loss of profits;
iii) business interruption;
iv) network interruptions;
v) loss or damage to reputation of us or any third party;
vi) loss of information or data;
vii) all liability for any loss or damage,
relating to or arising out of your use of the Platform.
17.2. Your use of the Platform is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computer(s) or networks from viruses that may be downloaded to your computer in the course of using the software. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
17.3. To the extent permitted by law, our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to us in connection with the Platform in the 2 months prior to the action giving rise to liability or (ii) $1.00.
17.4. The Platform provides functionalities for budgeting and cost analysis. While these tools are designed to help users assess profitability and financial performance, we disclaim any liability for the financial decisions made based on these tools. You are advised to use any budgeting function at your own risk and discretion. We do not guarantee the accuracy or reliability of any financial insights or recommendations provided by the budgeting function.
18. Indemnity
18.1. You defend, indemnify and hold harmless us, our members, managers, subsidiaries, affiliates, any related companies, contractors, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of:
i) Your access to or use of the Platform;
ii) Your violation of this agreement;
iii) Any infringement by you of any intellectual property or other right of any person or entity.
18.2. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you will cooperate with our defence of these claims. You will not settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
19. Transfer of rights and obligations
19.1. These Terms and Conditions are binding on you and us and on our respective successors and assignees.
19.2. You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
19.3. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
20. Force Majeure Events
20.1. We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
20.2. A Force Majeure Event includes any act, event, non- happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
i) Strikes, lock-outs or other industrial action;
ii) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
iii) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
iv) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
v) Impossibility of the use of public or private telecommunications networks;
vi) Epidemic, pandemic or other health emergency (whether declared or not), including without limitation lockdowns or any other restrictions imposed as a result of the COVID-19 pandemic or any other pandemic or epidemic at any time; and
vii) The acts, decrees, legislation, regulations or restrictions of any government.
20.3. Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
21. General
21.1. To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of the Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Platform, for purposes of search engine optimisation and to drive traffic to the Platform. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.
21.2. We may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, payment gateway and related technology required to run the Platform.
21.3. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers will result in immediate termination of your access to the Platform.
21.4. We do not warrant that:
i) The Platform will meet your specific requirements;
ii) The Platform will be uninterrupted, timely, secure, or error-free;
iii) Any errors in the Platform will be corrected.
21.5. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and us and govern your use of the Platform, superseding any prior agreements between you and us.
21.6. Any part of these Terms and Conditions that is invalid, prohibited or not enforceable will not void the balance of the Terms and Conditions. All other parts will be enforced without regard to the invalid provision and continue to be valid in accordance with their terms.
21.7. We make no representations or warranties that the content of the Platform complies with the laws (including intellectual property laws) of any country outside of Australia.
21.8. Any queries about the Terms and Conditions should be sent to us by email at support@dazhboards.com.
21.9. These Terms and Conditions are governed by the laws of the Victoria in Australia. Disputes arising from your use of the Platform are exclusively subject to the jurisdiction of the courts of Victoria.