Terms of Use

Last updated: 5 December 2024

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and DW Data Services Pty Ltd ("DW Data", "we", "us", or "our") governing your access to and use of the website located at dwdata.com.au (the "Website") and any related services.

By accessing or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.

2. About DW Data

DW Data is a data engineering and AI consulting company based in Australia. We provide services including data strategy consulting, cloud analytics, AI implementation, business intelligence, and related professional services.

3. Use of Website

3.1 Permitted Use

You may use our Website for lawful purposes only, including:

  • Browsing information about our services
  • Contacting us through provided contact methods
  • Using our AI consultant feature for general data and AI enquiries
  • Reading our blog and educational content

3.2 Prohibited Conduct

You must not:

  • Use the Website for any unlawful purpose or in violation of any applicable laws
  • Attempt to gain unauthorised access to any part of the Website, systems, or networks
  • Interfere with or disrupt the integrity or performance of the Website
  • Use automated systems, bots, or scrapers to access the Website without permission
  • Transmit any viruses, malware, or harmful code
  • Impersonate any person or entity or misrepresent your affiliation
  • Use the AI features to generate harmful, offensive, or misleading content
  • Attempt to reverse engineer, decompile, or extract source code from the Website
  • Use the Website in any way that could damage our reputation or goodwill

4. AI Features and Services

4.1 AI Consultant ("Frank AI")

Our Website includes an AI-powered consultant feature. By using this feature, you acknowledge and agree that:

  • AI responses are generated automatically and may not always be accurate or complete
  • AI outputs are for general informational purposes only and do not constitute professional advice
  • You should independently verify any information provided by the AI before relying on it
  • We do not guarantee the availability, accuracy, or reliability of AI features
  • Your conversations may be logged for service improvement purposes (see our Privacy Policy)

4.2 Data Analyzer

Our data analysis feature is provided for demonstration and general guidance purposes. You acknowledge that:

  • Analysis results are AI-generated and should be independently verified
  • You should not submit sensitive, confidential, or personal data to this feature
  • The analysis does not constitute professional data consulting advice

5. Intellectual Property

5.1 Our Content

All content on the Website, including but not limited to text, graphics, logos, images, software, and the overall design and layout, is owned by or licensed to DW Data and is protected by Australian and international intellectual property laws.

You may view and download content for personal, non-commercial use only, provided you do not modify or remove any copyright or proprietary notices.

5.2 Trademarks

"DW Data" and associated logos are trademarks of DW Data Services Pty Ltd. Other trademarks appearing on the Website are the property of their respective owners.

5.3 User Content

By submitting any content to us (including enquiries, chat messages, or feedback), you grant us a non-exclusive, royalty-free, worldwide licence to use, store, and process that content for the purposes of providing our services and improving our Website.

6. Disclaimers

6.1 General Disclaimer

The Website and its content are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

  • The Website will be available uninterrupted or error-free
  • Defects will be corrected
  • The Website or servers are free of viruses or harmful components
  • Any information on the Website is accurate, complete, or current

6.2 Professional Advice Disclaimer

Information on this Website, including AI-generated content, is for general informational purposes only and does not constitute professional advice. You should seek qualified professional advice before making any business or technical decisions based on content from this Website.

7. Limitation of Liability

To the maximum extent permitted by law, DW Data and its directors, employees, and agents shall not be liable for any:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages arising from your use or inability to use the Website
  • Damages resulting from any content obtained from the Website

Nothing in these Terms excludes or limits any consumer guarantees or rights that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

8. Indemnification

You agree to indemnify and hold harmless DW Data and its directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of or related to:

  • Your use of the Website
  • Your breach of these Terms
  • Your violation of any applicable law or third-party rights
  • Any content you submit to the Website

9. Third-Party Links and Services

Our Website may contain links to third-party websites or services. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites. Your interactions with third-party websites are governed by their respective terms and policies.

10. Privacy

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Website, you consent to the practices described in our Privacy Policy.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates.

12. Termination

We may terminate or suspend your access to the Website at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Website will immediately cease.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for any proceedings arising out of or in connection with these Terms.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DW Data regarding your use of the Website and supersede any prior agreements or understandings.

16. Contact Us

If you have any questions about these Terms, please contact us:

DW Data Services Pty Ltd
Email: legal@dwdata.com.au
Website: Contact Form