2. The Service.
The TPX service is a computer file transfer and printing company search and compare service offered by D2P through the Site. Subject to the other terms and conditions of the Agreement, accepting this Agreement allows you utilize these Services. Additional terms and restrictions applicable to use of Content are specified in this Agreement. Except as specifically stated in this Agreement, no other right or license is granted to you for the Site or the Service, and any other use is strictly prohibited.
3. Your Obligations and Agreements.
As a condition for using the Site and/or the Service, you understand and agree:
Use by Minors. The Service is not available to minors. By accepting these Terms, you agree that you are capable of entering into a binding agreement.
Security. You must comply with and not attempt to disable or circumvent any security device or procedure associated with the Site or the Service. You agree you are responsible for maintaining the confidentiality of the password you choose to use in conjunction with the Service. You may not allow anyone else to use your account without prior, written approval of TPX. You agree that TPX will not be liable for any loss you may incur as a result of someone else using your password, either with or without your knowledge. You agree not to impersonate anyone else, or falsely represent your affiliation with any other person or entity.
Unlawful Use. You will not use the Site or Service, in whole or in part, for any unlawful purpose. It is not the responsibility of TPX to monitor your activities to insure compliance with any federal, state, or local laws or regulations, although TPX reserves the right to do so at its discretion.
Content. You are solely responsible for all your activities when using the Service, including, without limitation, all content you transmit through the Site or with the Service. TPX is not responsible for the content of other persons (including, without limitation, Viruses or content available through links). TPX does not have an obligation to monitor your activities, your content, or the content of other persons, although TPX reserves the right to do so in its sole discretion. TPX may take any action with respect to your activities, your content, or the content of any other person as TPX deems necessary (including, without limitation, accessing, reading, preserving, disclosing, removing, or refusing to distribute the same) in order to, satisfy any applicable law or governmental order, enforce the Agreement or investigate any potential violation of the Agreement, detect, prevent, or otherwise address acts of fraud or security or technical issues, respond to requests for Support Services, protect the rights, property, or safety of TPX or any person or preserve any of the foregoing from liability, or exercise any other right or remedy available to TPX.
Interference with Others. You will do nothing to impair the normal operation of the Site or Service, and you will do nothing to restrict or inhibit any other person from using and enjoying the Site and Service. You will do nothing that will damage or disable the Site or Service. You will not attempt to access unauthorized access to information or content belonging to any other party using the Site or Service.
Prohibited Activities. You will not use the Service to send chain letters, unsolicited commercial email (also known as spam), junk email, or other unsolicited messages; transfer any material that is protected by any patent, trademark, trade secret, copyright or other proprietary rights of any party unless you have sole ownership over that material or have received all necessary consents to distribute that material; transmit files that contain viruses, Trojan horses, worms, corrupted files, or any other software, programs, or code that may damage the operation of another's computer or the data or property of another (a "Virus"); or transmit any material that is harmful to minors. TPX may supplement this list of prohibited activities from time to time, which will be effective upon notice to you and/or posting on the Site.
Disclosure of Information. TPX, in its sole discretion, may disclose any information about you, your account, or your activities regarding the Service that TPX deems necessary to satisfy any applicable law, regulation, legal process or governmental request or enforce the Agreement. The Site and the Service is offered, stored, and processed in Australia. By using the Service, you consent to transfer of information outside of your country.
Data Storage. When using the Service, your personal data is temporarily stored on our servers as part of the normal operating process of providing the Service. Regardless of any encryption used, or other precautions taken, you understand that TPX cannot guarantee complete privacy with regard to the files you transmit over the Service. You agree that TPX has no responsibility or liability for the deletion, corruption, or failure to store any data stored or transmitted by the Service. You understand that TPX does not back up the files on the Site or through the Service, and you agree that you are responsible for keeping back-up copies of all files uploaded to the Service.
You must only use TPX in accordance with the terms and conditions specified and any procedures, instructions or guidelines issued by D2P Pty Ltd. D2P Pty Ltd reserve the right to suspend or cancel your account if you do not comply with these instructions, or instructions given to you by D2P support staff.
4. Disclaimer of Warranties.
D2P Pty Ltd offers no warranties or representations in relation to TPX services and disclaims liability for the results of any transactions entered into that rely on any implied or explicit claim.
You expressly understand and agree that your use of the site and/or the service is at your sole risk. TPX and its suppliers provide the service "as is" and without any warranty or condition of any kind, express, implied, statutory, or otherwise, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. TPX makes no warranty that the site or the service will: meet your requirements or be uninterrupted, timely, properly stored or delivered, accurate, secure, error-free, or free of viruses or other harmful components, and the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations. Any material transmitted or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the transmission of any such material.
5. Limitation of Liability.
Except as expressly set forth in these terms, TPX does not control, endorse or validate any transmissions sent via the service, therefore, TPX specifically disclaims and you hereby release TPX from any liability resulting from your use of the site, participation in the service, your inability to use the service, or the interruption, suspension, or termination of the service. In no event shall TPX and/or its suppliers be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including, but not limited to, damages for loss of use, loss of data or loss of profits (however arising, including negligence) even if TPX or any of its suppliers has been advised of the possibility of such damages, arising out of, or in connection with, the use or inability to use the service, the provision of or failure to provide services, for any content or materials obtained through the site, the service, or otherwise arising out of the same, threatening, defamatory, obscene, offensive or illegal statements or conduct of any other party or any infringement of another's rights, including intellectual property, or any other matter relating to the site or the service. Regardless of the incident, in no case shall TPX be liable for more than the current month's fees paid, if any.
Without limiting the foregoing, under no circumstances shall TPX or its suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
D2P Pty Ltd takes the privacy of your personal data seriously. Any personal information entered into the TPX website will be treated confidentially, and will be used only for the purposes for which it has been collected.
D2P Pty Ltd collects personal information to provide you with:
- access to the TPX website and services
- information on the services you have requested; and
- information on other products and services offered by D2P Pty Ltd.
D2P Pty Ltd will use all reasonable security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you on the TPX website. Should any information be accessed illegally by a third party by negligence or otherwise, D2P Pty Ltd is not liable for any loss, damage, costs, liability or other form of contribution.
7. Availability and Support
TPX is an Internet-based technology. While D2P Pty Ltd will make all reasonable efforts to ensure that the TPX website is available 24 hours per day, 7 days per week, the nature of the Internet is such that this may not always be possible. D2P Pty Ltd do not guarantee that you will be able to access the TPX website at all times.
Our customer service desk is available during business hours to respond to your queries concerning your use of TPX. Customer support includes web-based support and email support.
8. Term, Termination, and Remedies.
TPX Termination. Except as stated below, you agree that TPX may modify, suspend, discontinue, or otherwise terminate the Service or the Agreement, on a temporary or permanent basis, at any time, in whole or in part, for any reason or no reason, with or without notice, and without liability to you. For example and without limitation, TPX may terminate or suspend your access to the Service for lack of use; for maintenance of the Site or performance of Support Services; for failure to follow the rules posted on the Site or in these Terms; for actions outside these Terms; or for any other reason determined by TPX. Notwithstanding the foregoing, TPX may make a material modification that negatively impacts the Service or suspend, discontinue, or otherwise terminate the Service or the Agreement at any time.
Other Remedies. In addition or as an alternative to termination, cancellation, or discontinuance of the Site and/or the Service, TPX may take whatever action is deems necessary or convenient, in its sole discretion, in the event of your breach of Agreement. Such actions may include, without limitation, suspending your access to the Site, the Service, or files or content in your account, deleting your account(s), deleting files you have uploaded, blocking your IP address, or any other technical or legal means at TPX's disposal.
Your Termination. You may cancel your use of the Services and the Site at any time by providing notice to TPX. Except as otherwise stated in these Terms, you shall have no right to a refund of any fees paid, and you shall be obligated to make any payments due TPX through the end of the term of the Services, if any.
Affect of Termination. Upon expiration, termination, cancellation, or discontinuance of the Site and/or the Service to your right to use the Site and/or Service immediately ceases and you will have no right to access your account or any files or other content contained in your account, although residual copies may be retained in TPX's system. TPX may retain any such files or other content at its discretion. The provisions of Sections 4 to 11 of these Terms shall survive the expiration, termination, cancellation, or discontinuance of the Site and/or the Service.
9. Governing Law
This Agreement is governed by and to be construed in accordance with the laws of Victoria, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
10. Intellectual Property Rights.
Except as stated herein, you acknowledge that D2P owns all right, title, and interest in and to the Site and Service, including, without limitation, all content and intellectual property rights therein, which are protected by Australian and international intellectual property laws. Other product and company names mentioned herein may be the trademarks or service marks of their respective owners. You agree that you will not in any way, directly or indirectly copy, reproduce, produce, distribute, transmit, alter, modify, or create derivative works of the Site, the Service, or any content therein. Any rights not expressly granted herein are reserved.