Terms of Use

IMPORTANT! PLEASE READ THIS LEGAL STATEMENT, ESPECIALLY THE LIABILITY AND DISCLAIMERS CAREFULLY BEFORE USING OR DOWNLOADING MATERIAL FROM THIS SITE.

Welcome to the DC Strategy site (“Site”). This Site is owned and operated by DCS Research Pty Ltd ABN 97 132 701 216 (“DC Strategy”). This site also represents the services of DC Strategy Services Pty Ltd ABN 36 127 646 655 and DC Strategy Pty Ltd ABN 97 725 151 788 (collectively referred to as “DC Strategy”). It is intended to provide you with information on DC Strategy and our products and services.

Your use of this site and the information available (the “Material”) on this site is subject to the following terms and conditions. Please ensure that you read this carefully, especially the disclaimers and limitations of liability, as in using the Site you will be taken to have agreed with these terms and conditions.

DC Strategy does not intend to make changes to these terms and conditions often, but may change them at any time without notice. You should check whenever you use this site to ensure that you have read and agree with the most current terms and conditions.

Disclaimers

Access to the Site - DC Strategy does not warrant that access to this site will be uninterrupted, or that the services offered on the site will be error-free. We reserve the right to change or discontinue any feature on this Site, hours of availability and equipment or software required for access.

Reliance on information - The information on this site is provided in good faith and DC Strategy has used its best efforts to ensure its accuracy. You should not rely on it without making your own independent assessment of the information. DC Strategy does not guarantee the accuracy, currency, reliability or completeness of any information provided on the Site.

Security - DC Strategy has taken reasonable steps to protect the information on this Site from illegal, harmful or inappropriate use, modification or alteration.

Links - The inclusion of links in this website is not intended as an endorsement or recommendation of any linked site or the content of such sites, and DC Strategy accepts no liability for loss of any kind arising from the information on any linked site. You should read carefully the terms and conditions that appear on any site linked to the DC Strategy website as DC Strategy is not responsible for any practices on linked sites.

Liability

No Liability – To the extent permitted by law, DC Strategy and everyone who helped develop, create and produce or deliver the material and information disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you using this Site (or inability to use this Site), or relying on anything contained in or omitted from this site, unless they acted wilfully or with gross negligence. This exclusion applies even if the loss or liability arises from a negligent act or omission or has been notified to us. The exclusion will not cover liability for death or injury caused by our negligence nor any other liability where that liability may not be lawfully excluded.

No Warranties - The Site and Material are provided on an as is basis without any warranties of any kind. DC Strategy, to the fullest extent permitted by law, disclaims all warranties. The Trade Practices Act 1974 (Cth) and all corresponding state and territory legislation implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusions, restriction and modification of such terms (“Prescribed Terms”). Except as provided by the Prescribed Terms, all warranties express or implied by law in any way relating to access to, or non access to, the Site or the use of or reliance upon the Site or the Materials are excluded. DC Strategy does not warrant that the Site will operate error free or that this Site and its servers are free of computer viruses and other harmful data, code, components or other material. Nor does DC Strategy warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Site, or will give notice of such use, modification or alteration.

If DC Strategy or anyone who developed, created or produced the Site breaches any Prescribed Term, their liability for a breach of the applicable Prescribed Term (other than a warranty implied by section 69 of the Trade Practices Act 1974 (Cth) or corresponding state legislation) is limited to, at DC Strategy’s election the resupply of the relevant advice, service, recommendation or information; or the payment to you of the cost of having the relevant advice, service, recommendation or information supplied again.

Intellectual Property

Copyright - The content of this Site and the Material is owned by, or used under licence by DCS Research Pty Ltd. No part of this website or the Material may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed for any commercial purpose whatsoever without DC Strategy's prior written permission unless expressly permitted under the Act.

Trademarks - All names, logos and trademarks are the property of DC Strategy or the third parties who have contributed to this Site. Nothing on the Site should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of DC Strategy or the relevant contributor. Nothing displayed on the Site should be construed as granting any licence or rights to use any name, logo or trademark without the express written permission of DC Strategy, or the relevant third party contributor.

Clients – Any reference to a client of the firm on the Site are from DC Strategy Pty Ltd ABN 97 725 151 788, DC Strategy Services Pty Ltd ABN 36 127 646 655 or DCS Research Pty Ltd ABN 97 132 701 216. At no time is there an intention to hold out clients as being clients of both DC Strategy Pty Ltd ABN 97 725 151 788, DC Strategy Services Pty Ltd ABN 36 127 646 655 and DCS Research Pty Ltd ABN 97 132 701 216. If you have any questions or queries, or if you have any suggestions or problems, please send an e-mail to growth@dcstrategy.com

Prize Draws

By participating in the “iPod Prize Draw” promotion, you agree to abide by the following terms and conditions:

1. Entry is open to residents of Australia only. Employees and their immediate family members, agencies and suppliers of DC Strategy Pty Ltd (DCS) ABN 97 725 151 788, DC Strategy Services Pty Ltd (DCSS) ABN 36 127 646 655 or DCS Research Pty Ltd (DCSR) ABN 97 132 701 216 are ineligible to enter. Entrants must also be at least 18 years of age.
2. To enter the draw to receive an iPod you must complete the survey and comply with these terms and conditions. Only one (1) iPod is available per draw. DCSR reserves the right to offer the iPod draw at any time, or such times as it deems reasonable or necessary. The completion of one draw does not create any obligation whatsoever for DCSR to offer any later iPod draw or contests.
3. Only one entry per person. Duplicate entries will be disregarded.
4. To qualify for the current draw, your survey must be completed and submitted electronically before 5:00pm, Eastern Standard Time, 15 days prior to the advertised draw on the Site.
5. All participants who have met all of the above criteria will be entered into a draw to win an iPod Nano 8Gb, valued at approximately $200. The iPod is non transferable and is not exchangeable for cash. Winners will be notified via e-mail or telephone.
6. All iPods will be mailed by registered post. Recipients must sign for their iPod and present ID upon delivery. In the event that recipients are not at their address when delivered, Australia Post will leave a card notification, asking recipients to collect their iPod from their local post office. All iPods will be mailed to the address provided by the participant completing the survey. It is the participant's responsibility to verify that the address provided for delivery is correct. DCSR is not responsible for lost orders stemming from incorrect addresses, theft, or erroneous deliveries. In the event that a subscriber has moved or has address forwarding, DCSR is in no way responsible for ensuring delivery. In the event that all address information supplied is correct and the iPod is not delivered, as a registered post mail item, DCSR will make a reasonable effort to track the package, but will not be responsible for lost packages.
7. Any undeliverable or unclaimed iPod will be returned to DCSR and held for a period of 2 months after the close date of that particular drawing. Winners who do not receive their iPod after the stated delivery period, must contact DCSR to check on the status of their delivery. All iPods that have been returned and are not claimed by within 30 days of the drawing, will become the property of DCSR, and any further claims after that date will be considered null and void.
8. DCSR accepts no responsibility if an iPod is found to be defective and will not replace or repair a defective iPod. If an iPod is found to be defective, the recipient should consult the warranty information included with their iPod and contact Apple about any warranty questions or claims.
9. DCSR as referred to in these terms and conditions is DCS Research Pty Ltd, of Level 5, 530 Collins Street, Melbourne VIC 3000, ABN 97 132 701 216. Apple and iPod are registered trademarks of Apple Inc. Apple is not a sponsor of, nor a partner in this promotion.

If you have any questions or queries, please send an e-mail to research@dcstrategy.com

Other

Currency and GST – All prices are displayed in Australian dollars. For orders within Australia all prices are inclusive of Goods and Services Tax (GST).

Pricing and Availability of Items – Although DC Strategy makes every effort to ensure that products sold online are in stock when so indicated and that information and prices concerning products listed on the Site are accurate, the prices and availability of products are subject to change without notice. Similarly the times, dates and locations of programs, seminars and events listed on the Site are also subject to change without notice however DC Strategy will endeavour to contact customers to inform them of any changes prior to the event.

Ordering Products – You may place an order by following the instructions on the Site. Orders will be deemed to have been received by DC Strategy at the time DC Strategy sends an order confirmation to your nominated e-mail address. You may cancel all or part of your order if you contact us before you receive the confirmation email. If a product has been listed at an incorrect price, or for any other reason, DC Strategy reserves the right to refuse or cancel your order for that product even if your order has been confirmed. In the event of DC Strategy cancelling an order any payments processed will be promptly refunded.

Returns, Refunds and Exchanges – DC Strategy has a no return, refund or exchange policy once an order confirmation email has been sent by DC Strategy for any products purchased through the Site. DC Strategy will not refund, credit or exchange the purchase of tickets to programs, seminars and events. The customer may elect to send another person in their place, in which case they must notify DC Strategy of the change by email at least 24 hours prior to the event.

Payment – Products purchased through this Site must be paid by credit card. DC Strategy accepts Visa or MasterCard. You must provide DC Strategy with a valid credit card that you are authorised to use. You authorise DC Strategy to debit the specified amount from your nominated credit card. Credit cards will be charged at the time the order is dispatched. If the payment is declined DC Strategy will not be able to guarantee the delivery of the products, and may contact you to make alternative payment and delivery arrangements.

Delivery – DC Strategy will endeavour to deliver the products to your nominated address within 5-7 business days, however delivery time may vary based upon a) inventory available b) your delivery address c) when you place an order, and d) other circumstances impacting delivery. According, DC Strategy makes no guarantee as to actual delivery time and will not be liable to the purchaser or any third party for any loss incurred due to delay. Shipping of products to overseas addresses may involve additional delivery times and fees. Overseas orders are sent via airmail.

Security – While DC Strategy employs advanced data encryption technology when interfacing with users via the Site users should be aware that there is a minimal inherent risk in transmitting any data electronically which is inherent in all internet dealings. DC Strategy thus cannot ensure or warrant the security of any information transmitted to or from its website, and users do so at their own risk.

Use of Site from Outside Australia - The information on this Site and the terms and conditions have been prepared in accordance with Australian law. If you are residing in or accessing this Site from a country other than Australia (“the User Country”) the information and the terms and conditions may not satisfy the laws of the User Country. Should the information and the terms and conditions satisfy the laws of the User Country, this Site is not intended for your use, and you are not entitled to rely on the information. If you do so, you agree to indemnify DC Strategy for any loss or damage, which may be incurred by DC Strategy as a consequence.

Severability – If any provision of these terms and conditions is found to be void, unlawful or unenforceable for any reason, that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these terms and will not otherwise affect the validity and enforceability of any remaining provisions.

Governing Law – The terms and conditions are to be governed by and construed in accordance with the laws of Victoria,  Australia. You and DC Strategy submit to the exclusive jurisdiction of the courts of Victoria and Australia.

General – This Agreement and any other policies or guidelines on the Site are incorporated herein by reference and comprise the entire agreement between you and DC Strategy and supersede all prior agreements between the parties regarding the subject matter hereof. Any provision hereof that is held to be void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions. Headings are for reference purposes only and in no way define or limit the scope of a section. DC Strategy's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site you consent to receiving electronic communications from DC Strategy including notices about your account and information concerning or relating to DC Strategy's products, newsletters and events.

Feedback, Questions or Problems

DC Strategy welcomes any feedback you may have regarding our Site or these terms and conditions. If you have any questions or queries, or if you have any suggestions or problems, please send an e–mail to growth@dcstrategy.com

Personal Information Management Policy

1. Introduction
DC Strategy respects and upholds your rights to privacy protection under the National Privacy Principles contained in the Privacy Act 1988. The National Privacy Principles apply to us from their introduction in late 2001.

This policy describes how we manage any personal information we have about you.

2. What personal information about me does DC Strategy hold?
DC Strategy may hold the following information about you:

• Name
• Occupation
• Contact details (telephone number(s), address, email address)
• Any information you provided to us in the online employment application form, your resume or covering letter
• Any information provided to us as part of us providing any services
• Any information provided to us by members of the Deacons group and other third parties
• Any information provided to us through our site including on our online ‘call back’ or ‘contact’ form or our ‘receive an update on events’ form
• Any information provided to us through customer surveys and newsletters
  

Our internet service provider may collect information when you access the site including, your internet protocol address, your top level domain name, pages you accessed, previous sites you have visited, type of browser you are using when you visit our web site, for statistical purposes.

This site does not provide facilities for secure transmission of information across the internet. The user should understand that there are inherent risks in transmitting personal information across a public network.

3. What does DC Strategy do with my personal information?
We use personal information about you:

• to assist in providing services to you that are relevant to employment positions and recruitment generally;
• to assist with the reply of any calls you made to us during non–business hours;
• for our internal administrative, marketing, planning, product development and research requirements;
• to communicate promotional offers and special events;
• for purposes of compiling industry data.
  

DC Strategy will not disclose personal information about you to any person except on a confidential basis to agents that we use in the ordinary operation of our business, such as for data processing, printing or mailing.

At any time you may opt out of receiving any communications from us (other than as required for the operation of our business, eg regarding payment of your account).

4. Openness
You may request access to personal information we hold about you by writing to “The Privacy Manager” at the address below. You do not have to provide a reason for requesting access. Where we hold information that you are entitled to access, we will endeavour to provide you with a suitable range of choices as to how you access it (eg emailing or mailing it to you).

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request amendment of it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.
Any questions about this policy, or any complaint regarding treatment of your privacy by DC Strategy, should also be made in writing to the address below.

Our contact details are as follows:
DC Strategy
International Head Office
Level 5, 530 Collins Street
Melbourne VIC 3000
Phone: 03 8102 9200
Fax: 03 8615 7298
Email: growth@dcstrategy.com

5. Miscellaneous
In this policy “personal information” has the same meaning as under the Privacy Act. References to “DC Strategy” are to DC Strategy Pty Ltd ABN 97 725 151 788, DC Strategy Services Pty Ltd ABN 36 127 646 655 and DCS Research Pty Ltd ABN 97 132 701 216, which have issued this policy.
This policy represents our policy as at 1 November 2008. We may change this policy from time to time. Although we intend to observe this policy at all times, it is not legally binding on DC Strategy in any way. From time to time we may regard it as necessary or desirable to act outside the policy. DC Strategy may do so, subject only to any statutory rights you have under the Privacy Act or other applicable legislation.