Resources
Terms of Service
Welcome to Cardigan, a software service provided by Disco Development Pty Ltd.
Introduction
These terms and conditions ("terms") govern your membership with the Cardigan application, a product described on our website at https://docs.runcardigan.com ("subscription").
By clicking the tick box below, downloading or installing the software, paying for your subscription or otherwise accepting the benefit of any part of the solution, you agree to be bound by these terms which form a binding contractual agreement between you or the company you represent (the ‘Client’, or ‘you’) and Disco Development Pty Ltd ABN 33 615 639 631 (‘our’, ‘we’ or ‘us’). You represent and warrant that you have valid authority to enter into these terms on behalf of any entity you may represent.
Please note that your subscription will continue to renew indefinitely, and you will continue to incur fees, unless you cancel your subscription by removing the Cardigan application from your Shopify store.
We may change these terms at any time by notifying you, and your continued use of the solution following such an update will represent an agreement by you to be bound by the terms as amended.
Please read these terms and conditions carefully before agreeing to proceed with your subscription.
The Solution
Your subscription and The Solution
(The Solution) The Solution includes, to the extent described in your Subscription, the Software, the Hosted Services and the Support Services. (Scope of Subscription) Your Subscription includes the benefits and limitations set out on our Website for your Subscription, or as otherwise communicated to you when you subscribe for your Subscription (as amended from time to time by notice to you). (Provide Information) As part of registering for, and your continued use of, your Subscription, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, photos and video, audio files, profile information, payment details, ratings and reviews, verified identifications, verified certifications and authentication, and other information as determined by us from time to time. You warrant that any information you give to us in the course of completing the Subscription registration process is accurate, honest, correct and up to date.
The Software
During the Subscription Period, we grant to you a non-exclusive, non-transferable licence to use the Software and Documentation for the Number of Solution Users. If your Subscription on the Website does not specify a Number of Solution Users, your licence to use the Solution under this clause will be limited to one (1) use (i.e. the Number of Solution Users will be one (1)). We may from time to time in our absolute discretion release enhancements to the Software, where enhancements means any upgraded, improved, modified or new versions of the Software. Any enhancements to the Software will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime. We will provide the Software in accordance with all applicable laws and industry standards. Unless otherwise agreed in writing, we may not provide access, or suspend access, to any part of the Solution until you have paid the relevant instalment of Fees.
Hosted Services
We will store User Data you upload to the Software using a third party hosting service selected by us (Hosting Service), subject to the following terms:
- (hosting location) You acknowledge and agree that we may use storage servers to host the Software through cloud-based services, and potentially other locations outside Australia.
- (service quality) While we will use our best efforts to select an appropriate hosting provider, we do not guarantee that the Hosting Service will be free from errors or defects or that User Data will be accessible or available at all times.
- (security) We will use our best efforts to ensure that User Data is stored securely. However, we do not accept responsibility or liability for any unauthorised use, destruction, loss, damage or alteration to User Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
- (backups & disaster recovery) In the event that User Data is lost due to a system failure (e.g. a database or webserver crash), we cannot guarantee that any backup will be available, or if available that such a backup will be free from errors or defects.
Support
If the Solution includes services to provide you with support where necessary to resolve technical issues with the Software (Support Services), the following terms apply unless otherwise specifically agreed in writing:
- We will take reasonable steps to provide Support Services where necessary. You must first endeavour to resolve any issues with the Software internally and we will not assist with issues that are beyond our reasonable control.
- You are responsible for all internal administration and managing access, including storing back-up passwords and assisting your Personnel to access and use the Software.
- You will not have any claim for delay to your access to the Software due to any failure or delay in Support Services.
Third Party Software, Terms and Conditions
You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply to your use of the Solution, including Shopify’s terms and conditions currently located at https://www.shopify.com/legal/terms, as updated from time to time.
You agree to any Third Party Terms applicable to any third party goods and services that are used in providing the Solution, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
You acknowledge and agree that issues can arise with transferring data to software and between software, and when integrating software with other software. We cannot guarantee the integration processes to other software will be free from errors, defects or delay. You agree that we will not be liable for the functionality of any third party goods or services, including any software.