Terms and Conditions

We are Digital Recall Pty Ltd, ACN 116 824 018 of 41 Hodder Street, Brighton East, Victoria, 3187, Australia. Email: info@digitalrecall.com.au.

"You" are: the person who uses (whether directly or indirectly, and in any way whatsoever) our Software and/or our advert-creation services and or any other service or product provided by us.

These Terms & Conditions are included as part of any and all transactions, services; advice; products, etc we provide you, and you use such products, services etc subject to these Terms & Conditions.

  • 1. Provision of Software
    1. All software and/or related services (including any Add-on options (Additional Features) selected by you) are provided by us and used by you on the basis that no liability whatsoever shall attach to us from any cause whatsoever whether directly or indirectly associated with the use of our Software and/or related services.
    2. You undertake not to deal with our Software or take (or allow others to take) any other action whatsoever in relation to our Software that may result in us being prejudiced as a result of such dealing or action.
    3. You may not alter our software at all without our written permission.
    4. We may alter our Software (and/or Services) and/or discontinue supply of our Software (and/or Services) and/or otherwise deal with our Software (and/or services) at our sole and absolute discretion and without notice to you.
    5. We do not warrant that our Software is suitable for the purposes for which you may wish to use it, and you use it subject to no liability attaching to us.
  • 2. Advice Instructions etc
    1. Any and all advice and/or instructions provided by us is used by you on the basis that no liability whatsoever shall attach to us from any cause whatsoever whether directly or indirectly associated with such advice and/or instructions.
  • 3. Add-on Features
    1. We offer optional Add-on features that Users may elect to purchase (see Home page)
    2. The add-on features are activated by a Registration Code which is provided to you by us on receipt of payment for use only by the registered licensee (i.e. the person who purchased it from us using our website for the transaction & whose name appears as the Licensee).
    3. The registered licensee shall not duplicate, distribute or communicate in any way whatsoever to any other person the Registration Code sent to him. The registered licensee shall ensure that the Registration Code is not so distributed or communicated to anyone else.
    4. The registration code may be entered on only ONE Manager PC at any time.
    5. We may alter the features of our Add-on features and/or otherwise deal with such Add-on features at our sole and absolute discretion and without notice to you.
    6. We do not warrant that our Software is suitable for the purposes for which you may wish to use it, and you use it subject to no liability attaching to us.
  • 4. Hardware
    1. We do not warrant that your hardware will be suitable to use with our Software.
  • 5. Help Services provided by us to you
    1. We will render reasonable service in order to assist with you with your enquiry.
    2. We do not guarantee that we will indeed be able to assist you, or to resolve your problem.
    3. Where you are required to do specified tasks in order to enable us to Help you, (for example where we require access to your computer/s to give Online help), you will do all the things required of you in a thorough & timely manner in order to facilitate us providing such Help.
    4. Where any amount is paid by you for Help, such amount may be based on our estimation of the time that it may take to complete the task.
    5. Any such estimate is indicative only (and is a minimum amount), and may not reflect the final total cost of us providing the Help required by you where more than the initial estimation of time is required.
    6. Where for any reason whatsoever, we cannot complete the task within the estimate, you have the choice of either: paying us an additional fee (calculated in 15 minute "lots") for us to continue providing Help, OR us stopping the provision of Help after the estimated time has elapsed.
    7. Any payments made by you for Help are not refundable either in whole or in part unless agreed to by us.
  • 6. Installers, Contractors, Manufacturers etc. suggested by us
    1. Where/ if we suggest or recommend the use of an Installer, Contractor, Manufacturer, Hardware etc  to you in order to provide you with Hardware and/or Software and/or any services whatsoever in relation to such Hardware and/or Software, we do so in good faith and subject to your agreeing with these Terms & Conditions.
    2. We do not warrant that any such Installer, Contractor, Manufacturer etc  (or their respective agents or employees, etc) will complete the task for which he is employed adequately or at all. Nor do we warrant that the equipment it supplies shall be suitable for the purposes for which it is supplied.
    3. We shall have no liability whatsoever in relation to the products or services provided by anyone whatsoever to you.
    4. Any and all claims which you may have in relation to the products and/or services such Installer/ Contractor delivers or undertakes to deliver shall be pursued solely against him, and we shall not be made a party in any way whatsoever.
  • 7. Publicizing Users Name

    Where you use our Software (either in its Free version, or when you have purchased any Add On Features) and/ or our Services, you agree that we may make use of your name in order to publicize your usage of our Software and/ or Services.

  • 8. Loss & Damages
    1. We shall not be responsible and or liable to you for any direct and/or any consequential damages or loss of whatsoever nature, including any loss or damage whatsoever that may be suffered by you as a result of your using or promoting the use of our products and/or services and/or as a result of any changes we may make to our product and/or services.
    2. In any event, if for any reason whatsoever we are held to be liable for any costs, expenses and/or damages suffered by you, our maximum liability shall be restricted to repayment of relevant amounts paid by you to us for such Product and/or Services.
  • 9. Variation
    1. We reserve the right to vary and/or otherwise amend these Terms & Conditions at any time. You agree to be bound by such variations.
    2. We reserve the right, at our sole & absolute discretion and without notice to you, to change and/or discontinue and/or otherwise alter the Software in whole or in part, and you agree to any and all such changes/ discontinuation etc.
    3. Other than changes made by us as contemplated above, any other proposed or alleged changes by you must be agreed to by us in writing.
  • 10. Jurisdiction

    You agree to the Courts of the State of Victoria in Australia having jurisdiction in regard to any matter connected to or arising out of this Agreement and you shall not object to the Forum on the basis of inconvenience or any other reason whatsoever.

    Before any legal action is commenced, all parties agree to submit to Mediation in Melbourne Australia, before any Accredited Mediation Specialist accredited by the Law Institute of Victoria, Australia. All parties shall act in good faith in order to resolve any disputes in the Mediation.