One virtue that we strongly uphold is our utmost respect to ethical dealings with our customers. We also respect the privacy of our valued users.
The following Conditions binds all users and DriveChat as well as its affiliated companies. Should you have any comment or question, you may address your concerns to our customer service department at info@drivechat.com.au
Acceptance of Terms of Service
Every time you use and access DriveChat’s website (referred to as the SERVICE), you agree to be bound by these TERMS OF SERVICE and all modifications thereto, and the other conditions that may be published by DriveChat from time to time with or without notice to you. Your usage of the modified versions of the Service confirms your acceptance of, and therefore is automatically subject to, these Terms of Service. In the event that you do not agree to ALL of the Terms and Conditions contained in these Terms of Service, you may not use the Service in any manner.
Privacy Policy
Your election to use and access DriveChat denotes your acceptance of our Privacy Policy located here. You acknowledge and agree that you hold the sole responsibility for keeping the confidentiality of your account as well as all other personal and sensitive information. You are solely responsible for all data of any kind, whether code, text, software, music, photograph, video, materials or other content that are made available publicly or privately. In addition, it is your sole responsibility to check all activities in your account. You agree to notify DriveChat immediately of any unauthorized use of your account at info@drivechat.com.au
DriveChat assumes no responsibility for any loss or damage to you or any third party incurred as a result of any unauthorized use and/or access of your account.
Conditions and Restrictions
By using the Service, you agree to use it as online communications tool or platform for your personal or professional/commercial benefit.
By agreeing to use the Service, you explicitly concur that:
A. You openly agree that you will provide complete, real, correct and latest information as required.
B. You will not provide, post, upload, transmit, play back or perform in any area of the website, and make available content that may be construed as:
- Unlawful and illegal;
- Pornographic, obscene, indecent, and/sexually explicit;
- Threatening, tortious, extremely violent, harmful, harassing, vulgar, abusive, and hateful;
- Defamatory, libellous, offensive, objectionable, and invasive of others’ publicly and privacy rights;
- Discriminatory based on sex, sexual orientation, age, race, nationality, religion and/or disability;
- Harmful to minors;
- Violates any copyright, trademark, patent, trade secret, propriety and intellectual property rights of third parties;
- Advertising, soliciting and/or promotional materials;
- Interfering or disrupting the Service or the operation of DriveChat;
- Infected with software viruses or other computer files and codes that are deleterious and destructive that can destroy or limit the function of any computer (hardware and software); or
- Impetus to civil rise or criminal liability
C. You may not use the Service to do the following:
- Misrepresent your association with any person or entity;
- Impersonate or forge any content you provided;
- Collect any information about other users;
- Offer any service without prior written permission;
- Any kind of harassment directed to any person or entity;
- Intentionally or unintentionally violate any applicable state, federal, or international laws by performing unlawful activities;
- Link to any third-party sites without their prior consent;
- Transfer any virus or malware or any similar harmful item;
- Pass on unwanted or “spam” mails; or
- Deliver any content or service that would contain chain letters, pyramid schemes or any form of unauthorized commerce, advertising and marketing
D. You are prohibited to do any of the following to DriveChat:
- Copy, modify, adapt, disassemble, decompile, duplicate, reproduce, reverse engineer, and/or translate the source code and/or the content of the Service;
- Merge DriveChat with another program;
- Rent, lease, sublicense the Service or any part of it unless you are an authorized partner of DriveChat who entered into a Partner’s Agreement;
- Reformat DriveChat;
- Create fake user accounts;
- Use devices to index, retrieve and interface the Service;
- Use the Service in any unauthorized commercial purposes other than those contained in this Agreement;
- Use the Service in any manner that would damage, overburden, immobilise, or impair DriveChat;
- Use the Service to harass or interfere with the enjoyment of other users; or
- Disobey any applicable policies of networks affiliated with DriveChat
Disclaimer of Warranties
The Service provided to you on and via this website is on an “AS IS, AS AVAILABLE” basis. There is no warranty of any kind, whether expressed, implied or statutory. Without limiting the foregoing, DriveChat does not warrant you (but not limited to) any of the following:
- A. Any warranties that the Service will be at all times available, timely, secure, error-free, and uninterrupted;
- Any warranties that the Service will meet your requirements and expectations, or any content obtained by you through the use of the Service will be legal, reliable and correct; and
- Any warranties of merchantability or fitness for a particular purpose. DriveChat disclaims any warranties for any damages or injury caused by the use of Service including but not limited to the result of any misdelivery or untimely transmission of information, error, omission, failure ot back up, interruption, deletion, defect, failure of performance and operation, computer malware, theft, fraud, unauthorized access, and alteration of user content. DriveChat similarly disclaims delay and failure in performance as a result of (but not limited to) communication line disruption, acts of God, war, power outage, strikes, orders of domestic or foreign courts, non-performance of third parties, and other causes beyond DriveChat’s control
Intellectual Property Rights
By using the service, you acknowledge and agree that DriveChat is the sole owner of the Service without limitation. DriveChat owns all legal right, title and any intellectual property rights which exist in the Service. You further acknowledge that you are not entitled to use, remove, transfer or alter any of DriveChat’s title, trademarks, trade names, service marks, logos, domain names and other DriveChat distinct brand features. You agree that by using the Service, no title to the Intellectual Property will be transferred to you. The full ownership rights will remain as exclusive property of DriveChat.
Content License
By using the Service, you give DriveChat a permanent, conclusive, universal, royalty-free, and non-exclusive right to use in any manner the content you submit or made available on or through the Service. This irrevocable right is for the sole purpose of enabling DriveChat to provide the Service. However, this right does not encompass DriveChat’s license to make such content available to other people or entities without your consent.
Third Party Content
You acknowledge and agree that DriveChat will not bear responsibility for third party content or services. DriveChat will not be in any manner liable for any of your dealings with third parties.
Limitation of Liability
You explicitly understand and agree that DriveChat will not be responsible for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages including but not limited to damages for loss of business profits, business interruption, loss of programs and the like, or any other intangible losses, resulting from the use of the Service, the inability to use the Service, or any other service-related matters, even if DriveChat has been informed of the possibility of such damages.
Indemnification
You acknowledge and agree to indemnify and hold DriveChat, its site editors, representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders harmless from any claim or demand including reasonable legal fee made or filed by any third party due to or arising out of your conduct or connection with this website or service, use of the website or service, your provision of content, your violation of the Terms of Service or Privacy Policy, or your violation of any rights of other person or party.
Notification of Copyright Infringement
If you believe that your property has been copied in a way that constitutes copyright infringement or a violation of your intellectual property right, please provide DriveChat the following information:
- A physical signature of the authorized person to act on behalf of the copyright owner;
- A clear report of the property that you claim has been infringed;
- A narrative description of the location on the website of the infringed copyrighted work;
- Your mailing address, email address and contact number;
- A statement that the disputed use is not authorized by the copyright owner and that all information in the statement is accurate
Email them to the site administrator at: info@drivechat.com.au
Termination
DriveChat, in its sole discretion, reserves the right to terminate your use of the Service, permanently or temporarily, at any time for any reason immediately upon writing notice to you. Upon termination, you will cease all use of the Service and any documentation provided to you as soon as possible.
Applicable Law
You expressly understand these Terms of Service and any disagreement arising out of your use of the Service will be governed by and applied pursuant to local laws at the applicable domicile. By using the Service, you accept that power is granted to the courts having jurisdiction over the user’s domicile. Any dispute will be heard by the said courts.
Refunds Policy
By using the Service, you acknowledge and agree that:
- All purchases are final;
- No refunds will be given for the unused part of your subscription period;
- No refunds will be given in the event of cancellation of the Service
- No refunds will be given in the event of termination of Service due to violation of the Terms of Service
Miscellaneous
The Terms of Service contains the entire agreement between you and DriveChat, and supersedes any and all previous agreements with respect to the subject matter hereof, either oral or written. If any part of this agreement is held unacceptable or unenforceable, that segment shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining segments shall continue in full effect. DriveChat may assign, sublicense or pledge any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof, or to any third party, without prior notice or consent from you. Any waiver by DriveChat of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement may be waived except by a written instrument expressly waiving such provision and signed by a duly authorized officer of DriveChat. By entering into this agreement, you agree that the statutes and laws of Australia without regard to any principles of conflicts of law, will apply to all matters related to the use of the Service, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts. The failure of DriveChat to exercise or enforce any right or provision of the Terms of Service does not establish a waiver of such right or provision. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the Terms of Service or the Privacy Policy must be filed within one year after the event giving rise to such claim or cause of action or be forever disqualified.