Terms of Use

By accessing any web site operated by ecellardoor pty ltd (ecellardoor) or by using our services in any other way, you are accepting the practices and policies described in our Privacy Policy and Terms of Use. If you do not agree to both of these documents, then you must not use our services, and ecellardoor accepts no responsibility for anything that may or may not result from your use of our web site(s) or services.

Copyright

All content included on our web site(s) including text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations, and software are the property of ecellardoor, our third party suppliers, corporate partners or other entities, and are protected by Australian and international copyright laws. Unless otherwise noted, all content on our web site(s) is the exclusive property of ecellardoor.

All software, HTML, CFML, JSON, XML and JavaScript code and other technologies used on the ecellardoor web site(s) or used to deliver our services are the property of ecellardoor and are protected by Australian and international copyright laws.

Any third party use or re-publishing of our copyrighted material is subject to our express written authorisation.

Software License

Corporate clients of ecellardoor are granted a limited license to use our software systems. The terms of this licence are covered under a separate Service Agreement between ecellardoor and the client.

Conflicting Clauses

If you or your employer, business, company or other corporate entity has a separate Service Agreement with us, where a clause in these Terms of Service conflicts with one in that Service Agreement, the clause in the Service Agreement will prevail.

Your Obligations

  • You and your administrators must keep your login information secure. That means your administrative username(s) and password(s) and any FTP or other account details that may be used to access Your data
  • You must notify Us immediately if You become aware of any security breach by one of Your own administrative contacts, someone else, or something else
  • You must keep Your account payments up-to-date at all times. Late payments will attract standard penalty interest rates as outlined in Your Service Agreement from the day they become overdue. In addition to the penalty interest rates, any payments that remain overdue for more than 30 days may also result in suspension of Your Service until your account is rectified.
  • You must not breach Our copyright in any way at any time. If we suspect that you have breached our copyright or intellectual property rights in any way, we reserve the right to terminate your Service without notice and commence legal action against you.
  • You must only use Our web site(s) e-commerce platform, software and other services in accordance with Your Service Agreement with Us, these Terms of Use and our Privacy Policy. If you breach your Service Agreement, the Terms of Use or Privacy Policy at any time we reserve the right to terminate your Service without notice and commence legal action against you.
  • Our copyright and Intellectual Property rights survive the termination of any Service Agreement between Us, regardless of the reason such termination is initiated.

Our Obligations

  • We will seek to keep your data secure from unauthorised access at all times. We employ multiple and linked security measures which together are designed to protect our systems, and your data, from unauthorised access or use
  • We will act reasonably and quickly to respond to any security threat or incident which We become aware of
  • We will always act in accordance with Our current Privacy Policy, as updated from time-to-time and made available on our main website, ecellardoor.com.au

User Submissions

If you submit ideas, suggestions or other material through or in some way related to our software, unless we indicate otherwise, you grant ecellardoor a non-exclusive, royalty free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media at ecellardoor's sole discretion.

You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ecellardoor for all claims resulting from our use or publishing of content you supply to us.

ecellardoor has the right but not the obligation to monitor and edit or remove any activity or content on our web site(s). ecellardoor takes no responsibility and assumes no liability for any content posted by you or any third party on our web site(s).

Network Activity

ecellardoor cannot and does not exercise full control over the information passing through its network or through the Internet. While ecellardoor implements multiple layers of securty and protection, ecellardoor is in no way responsible for any data loss or damage arising from viral or other infections from the Internet whether initiated on your computer, our servers, or elsewhere.

Terms of Use, Other Legal Notices and Revisions

If you choose to visit the ecellardoor web site(s) or use our related services, your visit or use of services and any dispute arising therefrom is subject to our Privacy Policy and our Terms of Use, and if you are a corporate client, your Service Agreement. This will include but is not limited to, limitations on damages and arbitration of disputes. Any dispute between you and ecellardoor will be subject to the applicable laws of New South Wales.

Our business changes constantly, and our Privacy Policy and our Terms of Use will be amended from time to time. You should revisit our web site for from time to time to check for amendments. Unless stated otherwise, our current Privacy Policy and Terms of Use apply to all information that we have about you, your account and your use of our web site(s) or other services. We stand behind the promises we make and will never materially change our policies and practices in a manner that makes them less protective of customer information collected in the past without your consent.

This Document is version 1.3 and came into effect on 28 January 2010