Terms & Conditions

CDC Website Terms of Use

This website is owned and operated by CDC Data Centres Pty Ltd ABN 59 125 710 394 (we, us and our).

These website terms of use govern your access to, and use of all CDC owned and operated websites, collectively “CDC websites”.

By using a CDC website, you confirm that you agree to these website Terms of Use and to the CDC Privacy Policy. If you do not agree, do not use our websites.
You are responsible for ensuring the security of the personal information held on your computer, mobile or device.

Copyright and Intellectual Property

CDC and its licensors are the owners of intellectual property rights in the CDC websites and in the material published on it. Those works are protected by copyright laws and the names and logos are trademarks and protected by trademark law. All such rights are reserved.

CDC retains all intellectual property rights worldwide to the software, technology, processes, materials (including but not limited to images, photographs, graphics, video, and audio sequences) and products on the CDC websites.

Your use of CDC websites must not infringe the intellectual property rights of any person.

You must not copy, monitor, modify, transmit, store, extract, publish or distribute any material on or accessed via CDC websites without CDC’s prior written consent, or as permitted by law. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from CDC websites.

Privacy Policy

By using CDC websites, you authorise CDC to collect, use and disclose your personal information in accordance with the CDC Privacy Policy and these website terms of use.

Our Privacy Policy

External Third-Party Links

Our websites may contain promotional material about third party products and services and links to third party websites. Links to third party websites or products or services are provided for your information only. CDC does not endorse third party websites or third-party products or services and has no liability in respect of your dealing with third parties. You maintain full responsibility for your dealings with third parties and your use of third-party websites and services. Your access to third party websites is entirely at your own risk and subject to the terms and conditions of use for those websites.

Warnings/Disclaimers

CDC websites are provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of CDC websites.

The content on CDC websites is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on CDC websites, we make no representations, warranties or guarantees, whether express or implied, that the content on CDC websites is accurate, complete, or up to date.

To the fullest extent permitted by law, CDC makes no warranties (express or implied) and makes no representations with respect to: the availability of CDC websites for your use; lack of network coverage or connectivity; website disruptions, defects and technical errors that may occur from time to time; viruses and other harmful elements that may be present on websites, software, and servers, and third party websites, products and services.

Limitation of liability

To the extent permitted by law, in no event will CDC, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable (in negligence, tort, breach of contract or otherwise) for loss or damages (including any direct or indirect loss, loss of data, special or consequential loss) arising out of or in connection with, your use, or inability to use, CDC websites, or third party websites or any services or items obtained through our websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

CDC has no liability in the event of any breach in the security of your computer or other device or the access to any information held on your computer by third parties.

Nothing in these website terms of use excludes liability for death or personal injury caused by negligence or fraud.

Indemnity

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of CDC websites, including, but not limited to, your use of any information obtained from CDC other than as expressly authorised in these Website terms of use.

Access

We reserve the right to restrict any users access, at any time, with no requirement of notice.

Jurisdiction and governing law

These terms of use, their subject matter, and their formation, are governed by the law of New South Wales, Australia. You agree that the courts in New South Wales Australia will have exclusive jurisdiction over any disputes that may arise concerning these Website terms of use.

Changes to our Website terms of use

We may make changes to these terms of use from time to time. When we make changes, we will update these website terms of use on the CDC websites. We will specify the date of the last update.