Welcome to the Tdingo Website (www.tdingo.com/ www.tdingo.com.au, the “Website” or “Site”) / Mobile Application (“application”). What follows are the terms of use for our site/ application and everything on it. These terms (the “Terms of Use”) are a legal agreement between you and Tdingo (“Tdingo”, “us”, “we”, “our”). By accessing, registering or installing the application/ website or by using the service in any manner, you agree to all of the terms and conditions contained herein. If you do not agree to these Terms of Use, you are not authorised to use this application/ website. A legal binding agreement between you and Tdingo (“Tdingo”) and govern your use of the application/ website and the information, offers, services, features, content offered through the application/ website.
Tdingo may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of the Application/ website after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.
In addition to these Terms of Use, our Website is also subject to the Privacy Policy at our Privacy Policy Page, which is expressly made a part of our agreement with you. When you agree to these Terms of Use, you also agree to our Privacy Policy. It is important that you read the Privacy Policy and only use the Website if you understand and agree to be bound by our Privacy Policy.
This Website is not for children under 13. We do not knowingly request or solicit personally identifiable information from anyone under the age of 13, nor do we communicate with children under 13 by email, phone or in any other manner without the express written consent of their parent or guardian. If we become aware that we have received personal information from a child under 13, we will delete that information as quickly as is reasonably possible and cease further communication with such individual.
Tdingo reserves the right to suspend / cancel, or discontinue any or all channels, products or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the Application/ website without prior notice.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Application/ website is owned, controlled or licensed by or to Tdingo, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Application/ website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web Site or other medium for publication or distribution or for any commercial enterprise, without Tdingo’s express prior written consent.
You may use information on Tdingo products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Tdingo for downloading from the Application/ website, provided that you
(1) not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and
(4) not make any additional representations or warranties relating to such documents.
In order to access some features of the Service, you will have to create a Tdingo Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Tdingo immediately of any breach of security or unauthorized use of your account.
Although Tdingo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tdingo or others due to such unauthorized use.
As a Tdingo account holder you may submit Content to the Service, including videos and user comments. You understand that Tdingo does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Tdingo all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Tdingo, you hereby grant Tdingo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and Tdingo's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Tdingo may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Tdingo all of the license rights granted herein.
Tdingo will process any audiovisual content uploaded by you to the Service and may upload the content to YouTube. Tdingo will make best endeavours to keep your video unlisted when uploaded to Youtube, but Tdingo will not be liable in the event the video becomes publically accessible via search.
Please see YouTube's Terms of Service here.
Tdingo does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Tdingo expressly disclaims any and all liability in connection with Content. Tdingo does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Tdingo will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Tdingo reserves the right to remove Content without prior notice.
Tdingo challenges intend to make people active while being fun and inspirational. However certain challenges or performances including the following actions but not limited to, are not endorsed by Tdingo.
1. Alcohol related
2. Drug related related
3. Illegal activities
4. Physical or mental abuse
Tdingo may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service. Please see Account Termination Policy for more details.
Tdingo will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
Tdingo reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, violence or excessive length. Tdingo may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
As part of Tdingo's copyright policy, Tdingo will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application/ website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application/ website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application/ website. Tdingo reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Application/ website, or any other systems or networks connected to the Application/ website or to any Tdingo server, or to any of the services offered on or through the Application/ website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Application/ website or any network connected to the Application/ website, nor breach the security or authentication measures on the Application/ website or any network connected to the Application/ website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application/ website, or any other customer of Tdingo, including any Tdingo account not owned by you, to its source, or exploit the Application/ website or any service or information made available or offered by or through the Application/ website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Application/ website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application/ website or Tdingo’s systems or networks, or any systems or networks connected to the Application/ website or to Tdingo.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Application/ website or any transaction being conducted on the Application/ website, or with any other person’s use of the Application/ website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Tdingo on or through the Application/ website or any service offered on or through the Application/ website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Application/ website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Tdingo or others.
You represent that you are a responsible individual (13 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit.
Tdingo endeavors to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter.
By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Application/ website.
You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Application/ website, or other user's ability to engage in real time exchanges.
TDINGO DOES NOT PROMISE THAT THE APPLICATION/ WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE APPLICATION/ WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APPLICATION/ WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE APPLICATION/ WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE APPLICATION/ WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TDINGO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APPLICATION/ WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TDINGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TDINGO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPLICATION/ WEBSITE AND/OR ANY TDINGO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION/ WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TDINGO FOR DISSATISFACTION WITH THE APPLICATION/ WEBSITE OR ANY CONTENT IS TO STOP USING THE APPLICATION/ WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Except where prohibited by law, in no event will Tdingo be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Tdingo has been advised of the possibility of such damages.
You agree to indemnify and hold Tdingo, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Tdingo by any third party due to or arising out of or in connection with your use of the Application/ website.
Tdingo may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Application/ website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Tdingo’s rights or property, or the rights or property of visitors to or users of the Application/ website, including Tdingo’s customers. Tdingo reserves the right at all times to disclose any information that Tdingo deems necessary to comply with any applicable law, regulation, legal process or governmental request. Tdingo also may disclose your information when Tdingo determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Tdingo may preserve any transmittal or communication by you with Tdingo through the Application/ website or any service offered on or through the Application/ website, and may also disclose such data if required to do so by law or Tdingo determines that such preservation or disclosure is reasonably necessary to
(1) comply with legal process,
(2) enforce these Terms of Use,
(3) respond to claims that any such data violates the rights of others, or
(4) protect the rights, property or personal safety of Tdingo, its employees, users of or visitors to the Application/ website, and the public.
You agree that Tdingo may, in its sole discretion and without prior notice, terminate your access to the Application/ website and/or block your future access to the Application/ website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Application/ website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Tdingo, for which monetary damages would be inadequate, and you consent to Tdingo obtaining any injunctive or equitable relief that Tdingo deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Tdingo may have at law or in equity.
You agree that Tdingo may, in its sole discretion and without prior notice, terminate your access to the Application/ website, for cause, which includes (but is not limited to)
(1) requests by law enforcement or other government agencies,
(2) a request by you (self-initiated account deletions),
(3) discontinuance or material modification of the Application/ website or any service offered on or through the Application/ website, or
(4) unexpected technical issues or problems.
If Tdingo does take any legal action against you as a result of your violation of these Terms of Use, Tdingo will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Tdingo. You agree that Tdingo will not be liable to you or to any third party for termination of your access to the Application/ website as a result of any violation of these Terms of Use.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Application/ website, in violation of any applicable laws or regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Tdingo with regard to your use of the Application/ website, and any and all other written or oral agreements or understandings previously existing between you and Tdingo with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Tdingo, Tdingo will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Tdingo’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Tdingo of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Tdingo and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Tdingo provides access to Tdingo international data and, therefore, may contain references or cross references to Tdingo products, programs and services that are not announced in your country. Such reference does not imply that Tdingo in your country intends to announce such products, programs or services.
Any feedback you provide at this Application/ website shall be deemed to be non-confidential. Tdingo shall be free to use such information on an unrestricted basis.