DS-Live™ Website Terms & Conditions

Last modified: 06 January 2020

In these terms and conditions, “we” “us” and “our” refers to Data Signs Pty Ltd. Your access to and use of all information on this website (also referred as DS-Live™) including purchase of our product/s is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Registered Subscriber

In order to access the services provided on this website, you must become a registered Subscriber. You must complete registration by providing certain information as set out on the Admin / Manage Signs (Purchase Subscriptions). Please refer to our Privacy Policy linked on our pages for information relating to our collection, storage and use of the details you provide on registration.
You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
On initial registration if you purchase a new sign, we provide you with a password. You must change this password from the Manage Users tab immediately after first login.
If you were a WebVMS/WebVMS2 user, this username and password will grant access to the DS-Live™ Platform for the purpose of registering and subscribing earlier Signs.
The username being your valid email address may be used by Data Signs Pty Ltd to communicate information to you or present Data Signs marketing material or promotion of our products.
We accept no responsibility for unauthorised access to your signs or our products by others who have acquired your registration details.
Mobile Network Connection functionality: You agree not to remove the SIM card installed in the Controller other that to return it to Data Signs Pty Ltd.
You agree to not use the SIM card installer in the Sign Controller as part of your subscription service for any purpose other than to communicate from the DS-Live™ Website.
We reserve the right to terminate your registration at any time if you breach these terms and conditions.
We reserve the right to disable access to DS-Live™ or AppVMS™ if you are in arrears of your trading terms or your accounts payable to us.

Our DS-Live™ Website Subscription

Our services are provided as a Subscription Service to adults over the age of eighteen (18) years. By proceeding to register through our website, you acknowledge that you are over 18 years of age.
All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that any price lists are current. We reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

Product Descriptions

We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of an incorrect description, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
All prices are in Australian Dollars (AUD) and are exclusive of GST. We reserve the right to amend our prices at any time.
If required for shipping of the SIM Card(s), Packaging and postage is an additional charge, calculated at time of purchase.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
All risk of loss or damage to the goods passes to you when we despatch the goods.

Order Cancellation Due to Error

Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will refund your credit card for the total amount debited.

Product Returns. Including SIM Cards

We undertake to repair or replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated Help Desk Ticket System.
Once you have notified us that you wish to return faulty, damaged product, you may return the product so long as you provide valid proof of purchase i.e. tax invoice, receipt and/or packaging slip.

DS-Live™ Site Access

When you visit the DS-Live™ website, we give you a limited licence under this subscription agreement to access and use our information for personal or commercial use.
You are permitted to download a copy of the information on DS-Live™ to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 ©, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The Subscription licence to access and use the information on our DS-Live™ website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

This DS-Live™ website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Service Suspension

Data Signs Pty Ltd reserves the right to suspend access to the DS-Live™ Platform if an out of terms, overdue or unpaid business or Company account is in place, further a ‘re activation fee’ may be applicable to resume access again to the platform.

Intellectual Property Rights

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website or otherwise becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Limitation of Liability

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

If a Force Majeure event causing delay continues for more than 60 days, we may terminate this Agreement by giving at least 30 days’ Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of Victoria (Australia) and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria (Australia) and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

Subscription fees and charges

The Subscription fee as published on DS-Live™ as a per Month Payable amount in advance for 1 month, 3 months or 1 year, grants the user the right to access via the SIM card provided by Data Signs Pty Ltd, the DS-Live™ Website and the Controller fitted with the SIM card.
The SIM card shall remain the property of Data Signs Pty Ltd and must be returned if it is no longer required for access to the DS-Live™ Website.
SIM Card SMS Functionality. This is restricted for use by Data Signs Pty Ltd for the purpose of diagnostics. You the subscriber cannot use the SIM card to send or Receive SMS messages.
Cost as indicated is subject to change if Data Usage is exceeded or Intermediary service provider cost change by more than 10%

Guarantees and Warranties

We cannot guarantee 100% uptime as there are multiple levels of communications in the link between the DS-Live™ platform and the actual Sign Controller where the SIM card is housed. Most network providers strive for an uptime of 99% in a year period.

The Data Signs logo is a registered trademark of Data Signs Pty Ltd in Australia, U. K., U. S. A. and a trademark in other countries.