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D-Link Terms of Use

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TERMS OF USE

Last updated: 26/01/2024

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE. These Terms govern your access to and use of www.dlink.com.au, www.dlink.com/au/en and related D-Link Australia websites, including support.dlink.com.au (together, the "Site"), and any content, functionality and services offered on them. The Site is operated for customers in Australia and New Zealand by D-Link Australia Pty Ltd (ABN 49 052 202 838, NZBN 9429035208525) ("D-Link", "we" or "us").

Acceptance: BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use the Site.

1. Content

D-Link makes no warranty as to the information on this Site, including its accuracy, currency, completeness or quality, whether any new products will be released as described, or the availability of any product on a specific date. To the extent permitted by law, D-Link is not liable for any loss or damage arising from the use of information on the Site, including information that is incomplete or incorrect.

Although D-Link has attempted to provide accurate information on the Site, D-Link assumes no responsibility for its accuracy. D-Link may change the programs or products mentioned at any time without notice. All product and brand names are trademarks or registered trademarks of their respective owners and must not be used without their prior consent. Mention of non-D-Link products or services is for information purposes only and is neither an endorsement nor a recommendation. TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO CLAUSE 2, D-LINK IS NOT LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS, including loss resulting from use of or reliance on the information presented, loss of profits or revenue, or the cost of replacement goods.

Products, prices and promotions shown on the Site are invitations to treat and not binding offers. D-Link may extend, change or remove any part of the Site, including offers and information, without separate notice.

2. Your rights under consumer law

Nothing in these Terms excludes, restricts or modifies any right, remedy or guarantee that you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), the Consumer Guarantees Act 1993 (NZ), the Fair Trading Act 1986 (NZ) or any other law that cannot lawfully be excluded or limited ("Non-Excludable Rights"). Every limitation or exclusion of liability in these Terms applies only to the extent permitted by the Non-Excludable Rights. For product warranty information and your consumer guarantee rights, see our Warranty page.

Because the Site includes information supplied by the global D-Link group, not all products or programs mentioned will be available in Australia or New Zealand. Please contact D-Link Australia (see clause 14) for information on products and services available locally.

D-Link is not responsible for the content of third-party websites linked to or referred to from the Site, and a link does not mean D-Link endorses that website or its content. Any loss arising from information on a linked website is a matter for the operator of that website. D-Link is also not responsible for postings or messages published by users of discussion boards, social media channels, guest books or mailing lists linked to or provided on the Site.

The content of the Site, including text, diagrams, images, sounds and software, is owned by or licensed to D-Link and is protected by the Copyright Act 1968 (Cth), the Copyright Act 1994 (NZ) and international treaties. Where third-party material is used, D-Link has attempted to identify its copyright owner. Except as permitted by those Acts, you must not reproduce or use material from the Site in other electronic or printed publications without D-Link's written consent.

D-Link authorises you to copy materials published on the Site solely for non-commercial use within your organisation in support of D-Link products. Any copy you make must retain all copyright and other proprietary notices in the same form as the original. Any software you download is governed by the licence terms accompanying the file, or by the licence agreement that accompanied the original product you are updating.

5. Technical information and confidentiality

The Site contains technical information of D-Link and its suppliers, including engineering documents, manuals, software, program listings, data file printouts and other technical and marketing information. Except to the extent the law permits, you must not alter, decompile, disassemble, reverse engineer or modify any of that information or software.

Any information you provide through the Site, other than personal information, is treated as non-confidential unless we tell you otherwise. Personal information is handled in accordance with clause 9 and our Privacy Policy.

6. Feedback

D-Link welcomes comments and feedback on our products and the Site. Please do not send us confidential information or original creative material, such as product ideas, computer code or artwork, that you want to keep to yourself or be paid for.

By sending comments, feedback, ideas, suggestions, designs or similar material through the Site ("Feedback"), you grant D-Link a perpetual, irrevocable, worldwide, royalty-free licence to use, copy, adapt, disclose and commercialise that Feedback for any purpose, and to permit others to do so, including developing and marketing products and services, without compensation to you. You consent, for the purposes of Part IX of the Copyright Act 1968 (Cth) and Part 4 of the Copyright Act 1994 (NZ), to any act or omission by D-Link in relation to the Feedback that would otherwise infringe your moral rights. This clause does not apply to personal information, which is handled under clause 9.

7. Accounts

Some parts of the Site, including the online store, product registration and redemptions, require an account. You must give accurate information when you register and keep it up to date. You are responsible for keeping your login details secure and for activity under your account, unless that activity results from D-Link's failure to take reasonable care. Please tell us promptly, using the contact details in clause 14, if you suspect unauthorised use of your account. We may suspend or close an account that is used in breach of these Terms.

8. Promotions, redemptions and online purchases

Promotions and redemption offers on the Site are governed by their own terms and conditions, which apply in addition to these Terms and prevail if there is any inconsistency.

Products bought through the online store at www.dlink.com.au are supplied under our [Terms of Sale], which set out pricing, payment, delivery, returns and your rights under Australian and New Zealand consumer law. If these Terms and the Terms of Sale conflict, the Terms of Sale prevail for that purchase.

9. Privacy

Providing personal or business information (such as your name, email address or postal address) through the Site is voluntary. Where it is lawful and practicable, you may deal with us anonymously or using a pseudonym. D-Link handles personal information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles, and the Privacy Act 2020 (NZ).

Our Privacy Policy explains how we collect, use, disclose and store personal information, how you can access or correct it, and how to make a complaint. Please read it before providing personal information on the Site.

You must not use the postal addresses, telephone numbers or email addresses published on the Site to send unsolicited commercial messages. D-Link may report unsolicited commercial electronic messages to the Australian Communications and Media Authority under the Spam Act 2003 (Cth), or to the Department of Internal Affairs under the Unsolicited Electronic Messages Act 2007 (NZ).

10. Data retention

D-Link keeps personal information only for as long as it is needed for the purpose it was collected or as required by law. After that, we take reasonable steps to destroy or de-identify it, consistent with Australian Privacy Principle 11 and Information Privacy Principle 9 of the Privacy Act 2020 (NZ). Retention periods for different types of information are set out in our Privacy Policy. We may periodically remove inactive data, including but not limited to customer registrations, associated product registrations and support cases.

11. Severability

These Terms form part of the Site. If any provision of these Terms is invalid, void or unenforceable in any jurisdiction, it is read down to the extent necessary, or severed if it cannot be read down, and the remaining provisions continue in full force.

12. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from them. If you are a consumer in New Zealand, nothing in this clause limits your rights under New Zealand law or your ability to bring proceedings in New Zealand.

13. Changes to these Terms

D-Link may update these Terms at any time by posting the revised Terms on the Site. The "Last updated" date above shows when they were last updated. Your continued use of the Site after that date means you accept the revised Terms.

14. Additional information

D-Link Australia Pty Ltd (ABN 49 052 202 838, NZBN 9429035208525), Level 9, 123 Epping Road, Macquarie Park NSW 2113, Australia.

General enquiries: 1300 700 100 (Australia) or 0800 900 900 (New Zealand).

 

 

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