Terms of Use

This document details the terms of use of the DiGii Social Platform (DiGii@School and DiGii@Home) and forms a legally binding agreement between DiGii (Pty Ltd) and its Registered Subscriber.

Access to the Platform is permitted upon acceptance of the Terms of Use as detailed below. DiGii reserves the right to modify the terms of use at its discretion. The latest Terms of Use is available on the DiGii Social website – digiisocial.com/terms-of-use/ (this page).

Privacy

DiGii operates under a Privacy Policy that can be accessed via digiisocial.com/privacy-policy/.

Data Content

• All content input and or introduced to the Platform remains the responsibility of the Registered Subscriber.
• DiGii cannot guarantee content can be removed/deleted once input.
• Use of inappropriate content remains the responsibility of the Registered Subscriber.
• DiGii uses Amazon Web Services (AWS) to host the Platform. School data stored for DiGii@School is stored in Australia for Australian schools and the UK for the rest of the world.
• Home use data stored for DiGii@Home is stored in Singapore.

What is not permitted?

• Access to the Platform is solely for the purpose(s) of using the services provisioned as part of the registered Subscriber permissions.
  DiGii reserve the right to suspend, ban or delete Registered Subscriber account/s and/or prevent access to the Platform or any part of it if it is deemed that the acceptable Terms of Use have been breached.
• DiGii’s rights under the previous clause may be exercised due to (but not limited to) the following items:
  1. False information provided
  2. Direct security breaches
  3. Failure to pay subscription fees
  4. Inappropriate content
• DiGii does not take any responsibility for unauthorised use or access to the Platform, or any data transmitted or stored by such unauthorised access to the Platform.
• Usage of the platform for communications is subject to possible outages (scheduled maintenance etc) and other unforeseen circumstances that could result in messages not reaching the intended destination and/or recipients.
• DiGii is not liable for any loss or damage (including loss or damage for personal injury or death, financial loss or any other type of loss or damage) associated with any failure of a communication sent via the Platform to reach the intended destination or recipient.

Subscriber Accounts/Registration

• DiGii reserves the right to deny and/or grant access to the platform and the level of access required by the Registered Subscriber.
• Password sharing is not required for an account of higher authority to access a delegated account.
• Passwords are encrypted and stored securely within the Platform and treated as highly confidential.
• Any account breaches must be immediately reported to DiGii.

Subscriber plans

• Registered Subscribers on the Platform with a valid User Account may access the Platform.
• Subscriber Plans could consist of the following or a combination thereof:
  1. School Platform (DiGii@School) – School based subscription model per student per school
  2. Home Platform (DiGii@Home) – Home based subscription model per family
• As a Registered Subscriber you are entitled to a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Platform included as part of the registered account.

Service Charges

• DiGii provides a subscription-based service consisting of:
  1. DiGii@School
  2. DiGii@Home
• DiGii@School subscription service can be procured an annual basis. Payment for the service is required in advance. If the subscription is cancelled by the Registered Subscriber, the service will remain available until the end of the paid period. Pricing for the school service is based on a per student count as provided by the school with a maximum cap applied.
• DiGii@Home service can be procured on a per month or annual basis. Payment for the services is required in advance and can be cancelled at any time. If the subscription is cancelled by the Registered Subscriber, the service will remain available until the end of the paid period. Any introductory offers such as first month free will be accounted for in the first billing period. Pricing for the home service is based on family members limited to parents and direct dependants.

Platform Availability

• The Platform will be accessible and/or available at most, if not, at all times.
• Planned/scheduled and/or unscheduled maintenance, unforeseen circumstances and force majeure will potentially impact its availability.
• Availability of the platform will be subject any planned and unplanned maintenance of the Platform and/or the hosting providers.
• Availability of the platform impacted by unforeseen circumstances such as internet connections and hosted services and/or force majeure events are not the responsibility of DiGii.
• DiGii cannot guarantee that the Platform, Services or Registered Subscriber content including access will be uninterrupted or error-free.
• DiGii is not responsible for any loss and damage that may be incurred as a result.

Acceptable Use Policy

• Usage of the Platform is permitted by these Terms of Use and Registered Subscribers must not sell or resell access to the Platform or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the Platform or any content obtained via the Platform (other than Registered Subscriber user content).
• Registered Subscribers must not use the Platform or any part of the Platform in any way which is in breach of any statute, regulation, law or legal right of any person.

Intellectual Property Rights

Registered Subscribers agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to the Registered Subscriber in any form. Registered Subscriber user content is not considered Intellectual Property in terms of the Platform.

Third Party Tools

• The Platform may include access to third party software, applications, products and platforms.
• Any access provided to Registered Subscribers of the Platform to Third Party applications with User content and/or User Account information indemnifies DiGii against any loss and/or damage that may be incurred as a result of Registered Subscribers’ use thereof and/or interfacing therewith.
• Providers of Third Party Tools are not DiGii’s representatives or agents and any link to any Third Party Tool from the Platform and/or interfacing and/or integration of the Platform with a Third Party Tool does not imply that DiGii are affiliated with or sponsor, endorse or approve the Third Party Tool and/or its provider.
• DiGii may have commercial arrangements with providers of Third Party Tools which include the payment of commissions or other benefits pursuant to those arrangements for Third Party Tools.
• DiGii do not represent, recommend or endorse any websites that may have hyperlinks provided from the Platform.

Notices

• All notices from DiGii will use known Registered Subscriber details.
• Registered Subscribers may contact us or send a notice to us using our contact details:
  1. Mailing address: 6 Alford Rise, Leeming, Western Australia 6149; or
  2. Email address: hello@digiionline.com
• All notices issued by DiGii (in a form deemed appropriate by DiGii) will be deemed to have been received at the point of being sent.

General

• Amendment: These Terms of Use may be amended by us at any time. Disagreements with the amendments may result in a Registered Subscriber cancelling the subscription. If written notice is received within 14 days of the amendment, DiGii, at its discretion, may refund any part of the service charges paid for access to the platform in advance in respect of a period of time that has not expired as at the date of cancellation.
• Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.
• Relationship: Registered Subscribers and DiGii are independent entities and these Terms of Use do not create any relationship of partnership, agency, joint venture, fiduciary, or employer and employee or otherwise.
• Australian Consumer Law: The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but DiGii do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, DiGii do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.
• Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between Registered Subscribers and DiGii and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between Registered Subscribers and DiGii regarding its subject matter.
• Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in Western Australia. Registered Subscribers and DiGii irrevocably submit to the non-exclusive jurisdiction of the courts situated in Western Australia.