You agree to be bound to these Terms of Service each time you access or use our website, products, services, information or any data within them (collectively, the Products).
Our current Terms of Service are published on our website. If you are a registered Client (other than a day pass holder), where we make a material change to these Terms of Service that is detrimental to you, we will attempt to notify you if possible.
You agree and warrant that you will not resell or otherwise make the Products available to any third party in any manner unless you have our prior written consent. You agree and warrant that you will not data mine, scrape, use an automated or robotic system with, or attempt to reverse engineer, decompile or create derived works from any element of the Products. You agree and warrant that you will not attempt to create a similar service or otherwise disassemble or attempt to extract the source code from the Products.
You agree and warrant that you will not create an API or other deep link into our Products without our prior written consent.
You agree and warrant that you will not overburden, damage, impair the performance of, or interfere with the Products, including by way of any denial-of-service, distributed denial-of-service attack or by any other method. You agree and warrant that you will not misuse the Products in any way as to impair their performance for other users of the Products.
You indemnify and hold us harmless us and our directors, officers, employees, agents and contractors from and against any loss, damage, claims, liability, cost or expense (including legal fees) incurred in connection with a breach of the warranties in clauses 3 - 6 of these Terms of Service.
You indemnify and holds harmless Detective Desk and its directors, officers, employees, agents and contractors from and against any loss, damage, claims, liability, cost or expense (including legal fees) incurred in connection with a breach of these terms by you and any of the users or logins associated with your Client account. It is not necessary for Detective Desk to incur any expense or to make any payment before enforcing a right of indemnity conferred by these terms.
We take reasonable care regarding the accuracy of the Products. However, due to the volume of data sources and the ways that we aggregate and derive additional information, we do not warrant, guarantee or make any representation about the accuracy of our Products and the data contained within them, nor that they are of any particular quality or that they are suitable for any particular purpose. Our Products are provided to you “as is” and on an “as available” basis, and on the condition that you assume responsibility for assessing the accuracy of the information and rely on it at your own risk. We recommend that you verify and cross-reference the data within our Products against your own information to ensure your use of our Products meets your needs and requirements. You acknowledge that we are not liable for any losses incurred which may be wholly or partly caused by any inaccuracy, omission, defect or error in the Products or information or data contained therein, including for any washed or derivative lists or information.
We use reasonable endeavours to maximise the accessibility of our Products. However, we do not warrant or guarantee their accessibility at all times, that they will be uninterrupted or error free, that defects will be corrected, or that there will be no technical problems which prevent your use of our Products.
You acknowledge that the Products rely on data and information from third party suppliers and from time to time, certain data and information may not be available within the Products. You agree that you have no claim of any kind against Detective Desk for the unavailability of any data or information at any particular time, or at all, whether temporarily or permanently. Detective Desk will use reasonable endeavours to ensure that where possible, prior notification of scheduled maintenance will be provided by Detective Desk to the Client.
We exclude all rights, remedies, guarantees, conditions and warranties in respect of our Products whether based in statute, common law or otherwise, to the extent permitted by law except where not permitted by the Australian Consumer Law. Our liability for any breach of a term or condition that cannot be excluded by law is to resupply the Product or refund your payment to us, but only for any impacted parts of our Products. However, we do not limit our liability in this manner if you establish that it would be unfair or unlawful for us to do so.
We may, acting reasonably, change the data sources used within our Products from time to time. We may, acting reasonably, change the way that we compile, aggregate and derive information from time to time. We may, acting reasonably, change the interface and user experience of our Products from time to time.
All intellectual property (including copyright) in relation to our Products remains our property. You obtain no right, title or interest in or to our intellectual property when you use our Products. When you purchase or otherwise use our Products, we grant you a revocable and limited licence to use our Products (in accordance with these Terms of Service and our other contractual arrangements) while you remain a registered Client of ours, and you have not breached any law or any contractual obligation that you have to us.
We have no responsibility or liability in relation to any direct or indirect loss or damage that you incur from the use of our Products including where you have not appropriately assessed the accuracy of the data within our Products and/or where there is damage to your software or hardware.
Other sites may include links to other websites. We may also offer, promote or permit to be advertised or promoted third party products or services on our website. We take no responsibility or liability for the content and activities of these third party websites, products or services. Nonetheless, we seek to protect the integrity of our Products and we welcome any feedback about these third party websites, products or services.
To use our Products, you are required to register with us. These Terms of Service govern your use of the Products and your relationship with us, and will prevail to the extent of any inconsistency with other contractual arrangements.
Updated: 25 February 2023