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 selected by you) is 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. 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.
    4. 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. 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.
    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.
  • 4. Hardware
    1. We do not warrant that your hardware will be suitable to use with our Software.
  • 5. Advert Creation

    Note: In order to provide you with adverts at such affordable prices, we need you to entrust us with the creation & supply of the adverts with no "to & fro" interaction. We always attempt to exceed customer expectation. You therefore agree as follows:

    1. You shall accept the advert as produced by us: a) where, in our sole & absolute discretion it's substantially according to the Sample Advert Type that you select, or b) where in our sole & absolute discretion, the advert produced is substantially suitable for the purposes of advertising your product/service.
    2. You must render all assistance necessary and in an expeditious manner (including the provision of Material; Information etc.), to enable us to produce the advert
    3. We shall have the right to refuse to Create an advert which has been ordered, in which event we shall refund the amount paid by You in respect of such advert creation
    4. You indemnify Digital Recall against any and all claims and/or damages whatsoever, from any party whatsoever, arising from or in relation to any advert we create for you.
    5. We shall deliver the completed advert to you in .swf format within 7 days of receiving your order.
    6. The source files remain our property.
    7. Only you may use the advert that we have created for you, and only in the format in which it is provided to you.
    8. Delivery shall be by email or such other method as expressly agreed to by us.
    9. The period within which we undertake to deliver your completed advert to you is based on us receiving complete and accurate information from you at the beginning. You agree that in the event that we exceed the period for delivery, you will not cancel an Order unless and until you have given us 4 days notice of your intention to do so, and us failing to deliver your advert to you within those 4 days.
    10. We reserve the right to change our prices in respect of the adverts we create. You agree to be bound by such changes in respect of any adverts ordered by you after such change is made.
  • 6. 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.
  • 7. Managing the content on your network
    1. In consideration of the monthly fee, and subject to your fulfilling your obligations (see below) we shall:
      1. i) Compile & maintain the Schedules of adverts that you want played at each of your Locations.
      2. ii) Make changes to such Schedules as you require with a maximum of 2 changes/ additions per month for any specific location included in the fee. This is not transferable between Locations. Additional changes may be requested for an additional fee as stipulated by us from time to time.
      3. iii) Transmit the Schedule from the Manager to our ftp within 4 business days (being Monday to Friday) of receiving your request in the prescribed format.
    2. Your obligations are:
      1. i) To ensure that the PC & screens at each Location are properly connected and operating as they should at all times
      2. ii) To ensure that there is an active internet connection at each of your Locations that successfully connects to our ftp 24 hours per day, and 7 days per week.
      3. iii) To ensure that your Player PC's at each Location are properly set up & operating in accordance with the Procedure set out in We'll Manage Your Network For You on our website.
      4. iv) Ensure that you provide us with your Schedules (or the changes that you require to them) no less than 4 business days before you require such Schedule/ changes to take effect.
      5. v) Where we are not creating the content/ adverts for you that you require to be displayed, to ensure that any content that you require us to Schedule into the Schedule is in a format supported by our Software, and is of a size suitable for downloading to your Player PC's
      6. vi) To pay the fee as stipulated on our website for managing your network in accordance with our directions on our website.
      7. vii) To follow the procedures on our website relating to Managing your Network as they may appear from time to time.
      8. viii) To comply with our procedural processes from time to time
      9. ix) We reserve the right to change our prices without notice. You agree to be bound by the new prices in respect of any periods for which you have not yet paid.
  • 8. Installers and Contractors suggested by us
    1. Where we suggest or recommend the use of an Installer or Contractor 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 (or his agent or employee, 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 such Installer (or its agent etc) 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.
  • 9. 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.

  • 10. 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.
  • 11. 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.
  • 12. 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.