This legally binding Agreement is between “You” and “Your” (refers to you and your organsiation) and “DocBlaster” (DocBlaster Pty Ltd. A.C.N. 616534724). DocBlaster and You are together referred to in this Agreement as “the Parties”.
The Parties hereby agree:
1. That DocBlaster offers online and offline services (“Service”, “Services”) some of which are dependent and subject to the availability of third-party Internet and cloud service infrastructures.
2. You acknowledge You should fully test DocBlaster services before You employ any Services to see if they suit your purposes. You acknowledge Your responsibility to monitor that any Services are meeting Your needs. You agree to promptly inform DocBlaster of any problems You may have in relation to any Services.
3. That DocBlaster guarantees (a) the Services are of merchantable quality and (b) fit for the purpose described in DocBlaster ‘s published materials. However, if DocBlaster provides You with hosting Services for open source software (such as Wekan card wall) You acknowledge and accept that DocBlaster only loads, runs and maintains that open source software in a shared environment whereby Your information is handled according to open source code from time to time which You are free to inspect at https://github.com/wekan/. If you are at anytime unhappy with this open source code You shall timely notify DocBlaster so that DocBlaster can take action accordingly. If You require DocBlaster to host open source-based Services in an environment exclusive to You, any such Service will be subject to a separate agreement between the Parties. (The Australian Consumer Law also includes other guarantees which apply to the Services in most cases.)
4. To the maximum extent permitted by law: DocBlaster’s liability to You in relation to the Services for any defect or shortcoming regarding the above-mentioned guarantees and Your primary remedy, is a refund on the fee(s) payable for, or the replacement of, any relevant Service, at DocBlaster’s option; and DocBlaster disclaims any consequential or other liability. However these limitations and disclaimers don’t affect the statutory rights You may have under the Australian Consumer Law (as applicable in most cases including if You are outside Australia).
5. Unless You state otherwise in writing in advance, if You make any suggestion to DocBlaster about improving any Services, You freely and irrevocably grant DocBlaster any rights You may have to fully exploit Your suggestion.
6. DocBlaster’s prices and Services are subject to change but DocBlaster will provide notice of any such changes.
7. You may choose to discontinue using DocBlaster (i.e. all Services) at any time and any money of Yours DocBlaster has for unused Services will be refunded to You less any reasonable administrative costs. However no refund shall be given for any existing portion of Your balance that was the result of a credit to You by DocBlaster.
8. You agree to pay DocBlaster promptly if any money is due to be paid by You to DocBlaster.
9. DocBlaster does not allow, and You agree not to do, anything illegal with any of the Services, and You agree to indemnify DocBlaster and keep DocBlaster indemnified in this regard.
10. If You don’t fully fulfill Your obligations under this Agreement, or DocBlaster reasonably believes You have not or will not, without limitation DocBlaster may restrict, suspend or terminate Your use of any Service. However this clause is not intended to operate as a means of censorship.
11. If any aspect of this agreement is unenforceable or invalid the other aspects shall continue in force as far as possible; and unless the contrary intention applies, things stated in the singular apply in the plural and visa-verse.
12. DocBlaster may modify this Agreement from time to time by giving You notice of any such modifications in writing; but the modified agreement will only apply from that time onward. It’s up to You to download and read such modifications.
13. In the event of any dispute between the Parties regarding any Service, as far as possible the Parties submit to the jurisdiction of the Victorian Civil and Administrative Tribunal (for speedy low-cost hearings) including if You are outside Australia.
15. If DocBlaster has grounds to reasonably suspect You have used any Service in illicit activity (that is activity repugnant to the laws of Australia as if the activities were done in Australia) DocBlaster may cooperate with any lawful authority having a reasonable and legitimate interest, and such illicit activity shall be regarded as a violation of this Agreement.
16. Wherever possible, the laws applying in Victoria Australia apply to the Services and the Parties in relation to the Services. In most cases, You have rights under the Australian Consumer Law (Victoria).
17. By using any of the Services, You agree to all of the Terms of Service which override any previous agreement.
18. If a problem arises in the fulfillment of this Agreement that is beyond the reasonable control of either of the Parties such as caused by malicious or unlawful interference with a Service, failure of any third party required to properly provide any good or service, civil unrest, acts of war (declared or undeclared), natural disasters, pandemic or acts of God, then to the extent that problem substantially affects an obligation under this Agreement, that obligation may at the option of an affected Party, be suspended until a reasonable time after the problem is resolved and the Parties shall make all reasonable efforts to resolve such problems.
Version 1.3, 29 July 2021