Terms of Service

Introduction

Welcome to DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne owned and operated site (the “Site”). By using the Site you signify that you have read, understand and agreed to be bound by these Terms of Use and the accompanying Privacy Policy.

We reserve the right, in our discretion, to change, modify and delete provisions of our Terms of Use and Privacy Policy at any time. If we do so, we will post the changes on this page or email you a notice, in each case indicating the effective date. Your continued use of the Site after such notice constitutes your acceptance of the modified Terms of Use or Privacy Policy.

If you do not agree to abide by these or any future Terms of Use, you are not permitted to use or access the Site. This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorised and in violation of these Terms of Use.

Rules of Conduct

You agree that you may only use the Site for your own personal and non-commercial purposes. You also agree that you will not do or permit to be done through your account or log-in any of the following:

  • violate or infringe the copyrights, rights of privacy or publicity, or any other rights of any person;
  • post or submit libelous, defamatory, pornographic, obscene, harassing or otherwise actionable or objectionable material;
  • post or transmit unsolicited or unauthorised advertising or promotional material or any junk mail, spam or chain letters;
  • use automated scripts, spiders, bots or similar means to harvest or collect member information or other information from the Site; however, you may capture contact data and other information where the Site expressly permits, encourages or requires it;
  • use the Site in a manner that could damage, disable or overburden the Site or violate the law;
  • provide inaccurate or misleading information when registering as a member;
  • impersonate or misrepresent your affiliation with any person or entity; or
  • upload or transmit software viruses, worms, Trojan horses or other computer code or files designed to disable, destroy or interfere with any software or equipment.

You agree that DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne may refuse your registration or terminate your access and account for violating these Terms of Use, for any behavior that is inconsistent with DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne's image or values, or for any other reason, entirely in its discretion.

Site Content

You acknowledge that DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne and its licensors own all rights, title and interest in all content on the Site, including but not limited to the Site’s design, text, graphics and files, and their selection and arrangement (the “Content”), and you agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Content, except as may be expressly permitted by DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne. You may download and print reasonable portions of the Content, solely for your personal, non-commercial use, provided that you leave intact all copyright notices and identifying information appearing on the original. You may not republish Site Content on any other website or business network or incorporate the information into any database or compilation. Any use of the Content not authorised by DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne is prohibited.

All trademarks, logos, trade dress and service marks on Site are trademarks of DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission.

Copyright Policy

It is DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the Content or materials appearing on this Site contains infringing materials or infringing property, please send a notice to us at contact at www.deutscheinmelbourne.net.

Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorised to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links and References

This Site may contain links to websites operated by unrelated parties. These links are provided for your convenience and reference only. DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne does not control these sites and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials or contents available from or on these sites.

This Site may also contain descriptions of or references to products, services, and firms. These references do not imply our endorsement of those products, services or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by a user’s reliance on or exposure to information obtained from or contained on the Site. Rather, you are responsible to evaluate the information, advice, and other content available through the Site, and any products, services or firms referenced here.

If you decide to leave the Site and access these third-party sites, you do so at your own risk. In particular, you should review the terms of use and privacy policies of these sites, as they may differ from ours. Again, we do not control or review the usage terms or privacy practices of linked sites.

Privacy

By clicking the following link, you may review DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne’s Privacy Policy.

Disclaimers

DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne is not responsible for any incorrect or inaccurate Content posted on the Site regardless of the cause or source, or for the conduct, online or offline, of any member or other user of the Site. Without limiting the above, DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne assumes no responsibility for:

  • any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorised access to, or alteration of, user or Member postings or communications;
  • the accuracy, integrity, completeness, or quality of any information, outputs or Content available from or through the Site; rather, responsibility for verification resides with the user of the information, output or Content.
  • problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website;
  • injury or damage to users’, members’ or other persons’ computers or networks resulting from participating or downloading materials in connection with the Site;

Under no circumstances will DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne be responsible for any loss or damage incurred or resulting from anyone’s use, including your use, of the Site, any Content posted on the Site or communicated to members, or any interactions between users of the Site, online or offline. THE SITE AND CONTENT ARE PROVIDED “AS-IS” AND DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Limitation on Liability

IN NO EVENT WILL DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS AND LOST DATA), OR FOR ANY DAMAGES IN EXCESS OF THE MEMBERSHIP FEES PAID BY YOU TO DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne, ARISING FROM YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND EVEN IF DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne WAS AWARE THAT SUCH DAMAGES MIGHT OCCUR.

Governing Law and Venue

If there is any dispute about or involving the Site, you agree that the dispute will be governed by the laws of the State of Victoria/Australia, as they apply to residents situated within the state. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Victoria, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action by you with respect to the Site must be instituted within one (1) month after the cause of action arose or be forever waived and barred.

Indemnity

You agree to indemnify and hold DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne and its subsidiaries, affiliates, officers, agents, partners and employees harmless from any damage, liability, claim, or expense (including reasonable attorneys’ fees) arising out of or in connection with your use of the Site, your violation of these Terms of Use, or your violation of the rights of a third party or any law.

Miscellaneous

These Terms of Use, and the accompanying Privacy Policy, constitute the entire agreement between you and DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne regarding the use of the Site and supersede any prior agreements between us on the same subject. DIAKLA Group Pty. Ltd t/a Deutsche in Melbourne's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held invalid, the remaining terms shall continue in full force and effect.