We specialise in using emerging technology to build meaningful experiences and solve problems across different industries. We hope you enjoy your time on our website!
This website (Site) is operated by Devika Opsco Pty Ltd (ABN: 91 603 610 975) (we, our or us). It is available at: devika.com and may be available through other addresses or channels.
How you consent to these terms of use
If you access and/or use our Site, you agree to be bound by these terms of use (Terms). Please read these Terms carefully – if you don’t agree to them, then you must cease using our Site immediately. If you are under 18, please review these Terms with a parent or guardian before using our Site.
When we make changes to these terms of use
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials, blog posts, articles and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Privacy
We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on our Site) sets out how we will collect and handle your personal information. Our Privacy Collection Notice provides a summary of how we handle your personal information.
Your licence to use our Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Conduct we don’t accept
When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes:
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using our Site to defame, harass, threaten, menace or offend any person;
- interfering with any user of our Site;
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
- using our Site to send unsolicited electronic messages;
- facilitating or assisting a third party to do any of the above acts; or
- using any automated means, including bots, scrapers or similar technology, to access, monitor or copy any part of our Site without our prior written consent.
Competitors are excluded from using our Site
You must not use our Site, including our Content, to directly compete with our business or to develop a competing product or service.
Our Site is for your personal use only
We’ve designed our Site for you to use it personally, and not on a commercial basis. You must not use our Site, or any of our Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.
Information
Please note that our Content is factual information only, is not comprehensive and is for general information purposes only. Our Content is not advice, including legal, tax or risk management advice and you cannot rely on it as such. We use reasonable attempts to ensure the accuracy and completeness of our Content, we provide our Content in good faith, make no representation or warranty in relation to it, and are not liable for any loss arising from reliance on our Content.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site, all of our Content and any copyright, registered or unregistered designs, patents or trade mark rights and domain names (Our Intellectual Property). Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to Our Intellectual Property. You must not:
- copy or use, in whole or in part, any of Our Intellectual Property;
- reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
- breach any intellectual property rights connected with Our Intellectual Property, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.
Content you upload
You may be permitted to post, upload, publish, submit or transmit relevant information, comments and content (User Content) on our Site. If you provide us with User Content, you grant to us a worldwide, non-exclusive, royalty-free, transferable, perpetual licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites
Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.
What happens if we discontinue our Site
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses; or
- our Site will be secure.
You should exercise your own judgement when reading, using and acting on our Site and our Content.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
Our liability is limited
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site, our Content, Our Intellectual Property, any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.
Where our liability cannot be excluded under applicable law (including the Australian Consumer Law), our total aggregate liability to you for all claims arising under or in connection with these Terms is limited to, at our option, the resupply of the relevant services or the payment of the cost of having the relevant services supplied again.
Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us to the extent arising from or in connection with: (a) your breach of these Terms; (b) your violation of any applicable laws; or (c) your wilful or negligent use of our Site. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Terminating these terms
These Terms are effective until terminated by us, which we may do at any time by providing reasonable notice to you (except where we reasonably consider that immediate termination is necessary to protect our rights or comply with applicable law). In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Dealing with a problem
If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (Dispute), please contact us using the details below. We will use reasonable efforts to resolve the matter promptly. If we are unable to resolve the Dispute within a reasonable time, either party may refer the Dispute to litigation. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If a part of these Terms isn’t right
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Cookies and tracking technologies
Our Site uses cookies and similar tracking technologies to improve your experience, analyse usage and assist with our marketing efforts. For details on the cookies we use and how to manage your preferences, please refer to the Cookies section in our Privacy Policy. You can manage your cookie preferences through your browser settings, although disabling cookies may affect the functionality of our Site.
Use of artificial intelligence and emerging technology
Our Site and Services may incorporate artificial intelligence, machine learning and other emerging technologies. Content generated or assisted by such technologies is provided for general informational purposes only and may not be complete, accurate or current. We do not warrant the accuracy, reliability or suitability of any AI-generated or AI-assisted content. You should independently verify any such content before relying on it. Our use of personal information in connection with AI and automated decision-making is described in our Privacy Policy.
Users under 18
If you are under 18 years of age, you should review these Terms with a parent or guardian to ensure they understand and agree to these Terms on your behalf. We may collect, use and disclose personal information of users under 18 in accordance with our Privacy Policy and applicable law. If you are a parent or guardian and believe your child has provided personal information without your consent, please contact us using the details below.
Which laws govern these terms of use
Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you are responsible for complying with the laws of the jurisdiction where you access our Site.