Legals

Our Refund Policy includes, and does not seek to exclude or limit, the rights you have under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

In the event that any products or services purchased from us do not meet the Consumer Guarantees, we will gladly meet our obligations to provide a refund, repair or replacement at our own expense.

We may at our absolute discretion choose to refund, credit, replace or repair goods returned within a reasonable time (generally 14 days) for any reason other than breach of the Consumer Guarantees, provided the goods are in original condition, current version and not a special order, hardware, peripheral or clearance item. In these circumstances, we may make our best effort to arrange exchange with the manufacturer or accept the goods back for resale. In this case, if the return is authorised by Dorks Delivered, a restocking fee may apply.

Please note that except in the case where a Consumer Guarantee is breached, where the plastic seal or shrink wrap of a license agreement is broken, the return or exchange cannot be accepted due to copyright and licensing restrictions. In this case we will help the Customer obtain a working copy. Also “special order” goods are goods that are not in stock at the time of an order and therefore especially ordered to meet a client order.

Exchange of computer hardware and peripherals is sometimes not possible due to third party constraints on Dorks Delivered. In the event of a breach of the Consumer Guarantees, we will however gladly provide a refund.

Unless there is a breach of the Consumer Guarantees, the right to refuse the return or exchange of products is at the discretion of Dorks Delivered and a restocking fee may apply to returned goods.

Privacy Policy

Dorks Delivered respects your individual privacy. This Privacy Policy (‘Policy’) embodies our commitment to its protection through adherence to fair electronic information practices. This Policy puts you, the individual, in control of how your personal information is processed. You have our promise that we will not electronically process your personal information in any way that is incompatible with this Policy. If you have questions or concerns regarding this statement, you should first contact Dorks Delivered using the online form or call us on 07 3166 5465.

This Privacy Policy protects your privacy by Informing you about:

• The types of personal information Dorks Delivered collects about you through its web sites
• How it collects that information
• The general purposes for which it collects such information

Dorks Delivered assures you that

It takes reasonable precautions to protect personal information from loss, misuse, unauthorised access, disclosure, alteration or destruction. Implements reasonable policies and procedures to ensure that personal information is kept only for the purposes for which it has been gathered; Uses reasonable measures to ensure that we have accurately and completely recorded the personal information you have provided; and Provides you reasonable access to your personal information as well as procedures for correcting or modifying that information where appropriate. Ensuring accountability to individuals who believe that Dorks Delivered has not complied with these privacy principles.

Getting to Know Our Customers

Dorks Delivered is in the business of supplying goods and services to our customers. That requires more than simply offering innovative technical services. It also requires that we understand you, our customer, and your needs.

We get to know you primarily through the information you provide to us when you contact us to use one or more of our services. The information you provide ranges from basic contact information to payment information. All of the information we request from you when purchasing our goods and/or services is obligatory. When you purchase our goods and/or services, you agree to provide us with complete and current information.

After you have purchased any of our goods and/or services, we may communicate with you about your account, answer questions you may have about what we provided you, or any other relevant matter. Those communications are essential to our relationship with you and to our ability to provide you with quality service that is responsive to your needs. At the same time, those communications give us helpful insights about you, your preferences and the ways in which we might improve our services. We therefore may maintain this information for future use by Dorks Delivered.

The information we receive from or about you is stored on systems designed to prevent the loss, misuse, unauthorised access, disclosure, alteration or destruction of that information. We also encrypt your transmission of sensitive information to us (e.g., credit card numbers, account passwords) in the interest of heightened privacy protection and information integrity.

Third Party Advertising and Cookies

We use links to some of our suppliers on our website. In the course of providing these links, some of these companies may place or recognise a unique ‘cookie’ on your browser, and may use information (not including your name, address, e-mail address, or telephone number) about your visits to their and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you. Please also examine the Privacy Policies of these companies.

Information Corrections or Changes

You have the ability to correct or change certain information in our records, such as your address and contact information. The process for changing your information begins on the Your Account page. You may change this information at any time and as often as necessary. If you need assistance or have questions about correcting information, you can contact us by using our online form or by calling us on 07 3166 5465.

How We Put Information to Good Use

We use any information about you for purposes of monitoring and improving our internal operations, as well as to ensure we bill you properly, administer your account in accordance with good and proper accounting practices, and properly supply the goods and/or services you have requested.

We also use the information we collect to monitor and improve our internal operations For example; we may correlate Web site traffic information with data about individual users. This data helps us to determine how much our customers use parts of the site, allowing us to enhance it to fit the needs of as many of our customers as possible. We may also break down overall usage statistics according to customers’ domain names, browser types, and MIME types by reading this information from the browser string (information contained in every user’s browser).

Another example of our use of information to enhance the experience of users in our network of sites is our reliance on cookie files. We use cookie files to make it easier for users to access our site or services. A cookie file is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited. However, the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. We use cookies to track user traffic patterns (as described above) when you register for Dorks Delivered services. When you register, we may use a cookie to store a unique, random user ID. We use this ID to identify you anonymously in our database and to track the pages you visit on our site. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You may refuse cookies by turning them off in your browser.

Finally, we use the information we collect to direct important notices and information affecting your account or services, as well as to provide general information that may be of interest to you, including newsletters, surveys, and information about our services or product offerings. You may opt-out of receiving information from us simply by notifying us of your desire in accordance with the opt-out instructions contained in any information message you receive from us. Note, however, that in order to fulfil our service obligations to you, we must continue sending you notices and other important information affecting your account or services.

With Whom We May Share Information

We value you as our own customer and we do not share or disclose any information about you to any external company or organization. The information that you supply to us is used to conduct business transactions with you and to enable us to better meet your needs and requirements. Your information is not sold or given to any other organization.

When you supply us with a credit card number that is used to make a payment to us we securely transmit this to our bank where the credit card transaction is either accepted or declined by the bank. We do not store your credit card details on any of our sites or systems. The bank stores any necessary details about our transaction/s with you, we do store a payment authorisation reference number associated with your transaction/s. It is not possible for this reference number to be used for any other purpose other than recording the fact that we conducted a credit card transaction with you.

Our Accountability to You

By purchasing our goods and/or services, you obtain the protections of, and consent to the data processing practices described in, this Privacy Policy. When you purchase our services, you also represent to us that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us with regard to:

• the purposes for which such third party’s personal data have been collected,
• the intended recipients or categories of recipients of the third party’s personal data,
• which of the third party’s data are obligatory and which data, if any, are voluntary, and
• how the third party can access and, if necessary, rectify the data held about them.

In addition to the privacy protections that we provide, our employees, agents and business partners are independently responsible for ensuring compliance with this Privacy Policy, as described below.

Employee Accountability

Only those Dorks Delivered employees that have a legitimate business purpose for accessing and handling information obtained by us are given authorization to do so. The unauthorised access or use of such information by a Dorks Delivered employee is prohibited and constitutes grounds for disciplinary action. Additionally, our information management systems are configured in such a way as to block or inhibit employees from accessing information that they have no authority to access.

Security

This website takes every precaution to protect our users’ information. When users submit sensitive information via the website, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number), it is encrypted and protected with SSL encryption. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Google Chrome and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ‘surfing’.

While we use SSL encryption to protect sensitive information online, users’ information is restricted in our offices and is only accessible by certain authorised staff. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected.

Changes to this policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Terms of Service

This website is operated by Dorks Delivered Pty Ltd: ABN 89 023 607 782 trading as Dorks Delivered (“Dorks Delivered”) . Throughout the site, the terms “we”, “us” and “our” refer to Dorks Delivered. Dorks Delivered offers this website, including all information, tools and services available from this site to you, the user (customer), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The Customer acknowledges agreement with these Terms and Conditions by the placement of an order to purchase products from Dorks Delivered.

All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for Dorks Delivered has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.

Pricing

Unless specifically advertised, all prices on this website are quoted excluding Goods and Services Tax (GST). GST will be added upon ordering goods and must be paid.

Prices promoted on the Purchasing Portal are at RRP or SRP until you log in to obtain the discounted pricing as arranged with Dorks Delivered. Discounts will be automatically applied for online orders. Note some special bid items and some licensing may not be available for online ordering. Please contact your account manager or call 07 3166 5465 to order items unavailable online.

Warranty Information

In addition to the Consumer Guarantees, all products sold by Dorks Delivered are covered by the manufacturers’ warranty that accompanies the product. Dorks Delivered makes no additional or independent warranty in addition to the Consumer Guarantees or those offered by the manufacturer of a product.

Delivery of Goods

We place great importance on the fast and reliable delivery of Customers orders, however please note that delivery times are estimates only and Dorks Delivered shall not be liable for delays.

If the Customer fails or refuses to take delivery of the goods, then in addition to all other rights and remedies of Dorks Delivered , the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by Dorks Delivered as a result thereof and Dorks Delivered , at its discretion may charge a restocking fee.

If Authority to Leave is selected at checkout, you must specify where you would like the goods left (at the front door, next to the garage, etc). Dorks Delivered and our couriers cannot be held responsible for goods being left unattended that go missing if an order has been authorised to leave. *Australian Air Express (AAE) will not leave goods at the door, and will leave a card instead so that you can pick up your order at the nearest post office/depot if selected.

Title of Goods

The goods shall be at the Customers risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to Dorks Delivered of any defect within five (5) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer.

Payment

The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of Dorks Delivered in delivering any part of the goods) on or before the payment date. In addition to any other rights or remedies of Dorks Delivered in the event of the Customer’s default hereunder, Dorks Delivered shall be entitled:

1. To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonor fees, interest at the current bank overdraft rate plus two per cent per annum from the due date for payment until payment in full;
2. To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licenses Dorks Delivered, its employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after seven (7) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by Dorks Delivered as a result of the Customer’s default;
3. At the sole discretion of Dorks Delivered charge a restocking fee of up to 25% of the purchase price.

Errors and Omissions

At Dorks Delivered, we work hard to offer you the most competitive pricing and accurate product information. Because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice. All images are for illustrative purposes only. Actual product may differ. Please be assured of our every effort to ensure the accuracy of information; however, the documents and graphics published may contain technical inaccuracies or typographical errors. Dorks Delivered makes no representations about the suitability of this information; it is provided “as is” without warranty of any kind. If an error is made or a product is listed at an incorrect price, Dorks Delivered shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your account or credit card, Dorks Delivered shall immediately issue a credit or refund.

Limitation of Liability

Dorks Delivered shall under no circumstances, except where the consumer guarantees apply, be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.

Governing Law

All sales shall be deemed made in the state of QLD, regardless of the location of the Customer. The Customer agrees that any dispute with Dorks Delivered shall be governed by the QLD law and the Customer irrevocably submits to the exclusive jurisdiction of QLD courts and courts hearing appeals from those courts.

Order Cancellation Policy

If you would like to cancel a back order simply use our online form or notify us on 07 3166 5465. Other than “special orders” (an order where goods ordered are especially ordered to meet specific to customer requirements or cannot be refunded by Dorks Delivered to its supplier), an order may be cancelled before it has left our warehouse with no cancellation fee. If the order has left our warehouse, a fee may apply to cover courier and restocking costs.

Vouchers & Certificates

1. Dorks Delivered Gift Vouchers entitle the holder to goods/services equal to the value displayed on the card or remaining after partial redemption.
2. Gift Vouchers are only redeemable online with Dorks Delivered.
3. Gift Vouchers cannot be exchanged (wholly or partly) for cash.
4. Multiple Vouchers can be used per purchase/ transaction: i.e. a. If the item purchased = $245, b. Two vouchers may be used and the balance paid by any of the accepted payment forms accepted. (Refer point 5.)
5. Maximum of 10 Vouchers per Customer.
6. Value shown on this voucher is inclusive of tax.
7. Gift Vouchers are partially redeemable and any unused balance will remain on the card and cannot be redeemed for cash.
8. If order exceeds value of Gift Voucher, the holder will be required to pay the difference in price between the value of Gift Voucher and price of the goods/services.
9. Gift Vouchers valid for 12 months from issue date.
10. Should Dorks Delivered suspect any fraud relating to a Gift Voucher, Dorks Delivered may refuse to redeem the Voucher until Dorks Delivered is satisfied that no fraud has occurred.
11. Dorks Delivered is not liable for any lost/stolen Gift Vouchers. Please contact a Dorks Delivered store immediately if your Voucher has been lost/stolen. Lost/stolen Vouchers can only be replaced if satisfactory proof of purchase is provided and the Voucher has not been redeemed. 

General

To the extent any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall as far as practicable be read down or stricken from the Terms and Conditions of Sale, so that the remaining terms can continue in full force and effect.

Changes to this policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. It is the responsibility of the customer to read and understand these terms and conditions each time an order is placed.

Links

Acceptable Use Policy

Critical Information Summary nbnTM broadband

Critical Information Summary Fibre 400

Critical Information Summary Fibre 1000

Network General Terms and Conditions

Standard Form of Agreement

Podcasts and Copyright

What are podcasts?

The word ‘podcasts’ is an amalgamation of the words ‘pod’ from iPod and ‘cast’ from broadcast. Podcasts originated as digital recordings of radio broadcasts that could be downloaded for personal MP3 players such as the Apple iPod. Podcasts now include images, text and video as well as audio, and can be downloaded as digital files from a website for a variety of devices, including personal computers, mobile phones and MP3/MP4 players. Podcasts that contain audio and visual materials are sometimes called ‘vodcasts’.

(Apple and iPod are trademarks of Apple Inc., registered in the US and other countries.)

The appeal of podcasting

‘Podcasting’ offers users both flexibility and portability. Once they have downloaded their chosen podcast, users can view/listen to it whenever and wherever they choose.

Generally, users download software from podcasting websites that allow them to sign up or subscribe (usually free of charge) to a particular podcast series. This means that, when connected to the internet, the software will search for new editions of the user’s favourite podcasts, download them to selected files on their computers and display these as new items on their desktops. Alternatively, users can use online podcast ‘directories’ (provided as part of podcasting software) to search for podcasts on particular topics and listen to them online before deciding to subscribe.

Classroom use: podcasts of programs broadcast on free-to-air television or radio

The statutory broadcast licence (Part VA) covers WA State Training Providers (STPs), allowing them to:

• copy programs from both free-to-air and subscription radio and television;

• copy podcasts from free-to-air radio and television programs available on the broadcaster’s website; and

• communicate the material to staff and students.

This means that podcasts of programs that have been previously broadcast on free-to-air radio and television, and made available on the broadcaster’s website, can be downloaded by staff for use in the classroom. There is a wide range of podcasts, listed by subject, available from the websites of broadcasters such as the ABC and SBS.

Teaching staff may copy and communicate (eg post on an intranet, provide access on a network or email) these podcasts as long as:

• the copying is carried out by an educational institution;

• it is for educational purposes; and

• it complies with the notice requirements.

The term ‘communicate’ allows activities such as posting on the internet or an intranet, sending material via email and providing access via a network or content management system. If a podcast is being made available on the internet or intranet, it should be password-protected and accessible only to staff or students from their STP.

Classroom use: podcasts of programs not broadcast on free-to-air television or radio

If a podcast is made available (for no fee) on the internet but is not from a program that has been previously broadcast on free-to-air television or radio, STPs may still be able to use it. This will depend on whether:

• the copyright owner has given permission; and

• a statutory exception applies, such as for flexible dealing, fair dealing or another statutory exception.

Some examples of such programs could be:

• a podcast available on the Discovery Channel website;

• a podcast (available on the ABC website) containing additional ‘web only’ content associated with a television program broadcast by the ABC; and

• a podcast available on a website other than a broadcaster’s website, such as Screen Australia.

Again, if a member of the teaching staff is making a podcast available on the internet or intranet, they should make sure it can only be accessed by staff and students from their STP.

Permission from copyright owner

Teaching staff will have permission to use a podcast where the website states that educational use is permitted. This may take the form of a notice stating that the material is:

• able to be used freely;

• free for school or educational use; and

• able to be used ‘in your organisation’.

Alternatively, teaching staff may obtain permission directly from the copyright owner to use a podcast. Permission can be sought by asking the person or organisation listed in the ‘Contact us’ section of the website.

Teaching staff use of podcasts under flexible dealing exceptions

Under flexible dealing exceptions, teaching staff can use podcasts for non-commercial teaching purposes if the use is not covered by another exception, or statutory or voluntary licence. To work out if an exception would be applicable, teaching staff must assess whether:

• the proposed use is narrow;

• it would conflict with a normal way the copyright owner exploits the material; and

• the use would unreasonably damage the interests of the copyright owner.

Student use of podcasts under fair dealing exceptions

A student may be able to use a podcast without the permission of the copyright owner if a fair dealing exception applies.

The fair dealing exceptions most relevant to students are:

• research or study, eg students downloading a podcast for their own research and study;

• criticism or review, eg students reviewing a podcast for an assignment (the source material, the author and copyright owner [if different] must be identified); and

• parody or satire, eg students using part of a podcast to include in a parody or satire (such as in another podcast)

. To rely on a fair dealing exception, students must ensure that the portion of the podcast used is reasonable, otherwise its use might not be deemed ‘fair’.

Creating podcasts

STPs may wish to produce their own podcasts in order to create assessment tasks, monitor student progress, facilitate self-paced and distance learning and assist students with disability. Furthermore, students may decide to create their own podcasts when they write scripts, present news, conduct interviews, play music and tell stories. However, there are copyright issues associated with creating podcasts.

Copyright issues: using third-party material

If teaching staff want to include third-party text or artistic works in a podcast, they should include the following notice with or on their podcast, eg in a pop-up box where the podcast is available on the STP’s intranet.

COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING

This material has been reproduced and communicated to you by or on behalf of [insert name of STP] pursuant to Part VB of the Copyright Act 1968 (the Act).

The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act.

Do not remove this notice.

If teaching staff want to include television or radio broadcasts in a podcast, the television and radio broadcast licence (Part VA) may be applicable. Teaching staff must include the following notice with or on their podcast.

COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING

This material has been reproduced and communicated to you by or on behalf of [insert name of STP] pursuant to Part VA of the Copyright Act 1968 (the Act).

The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act.

Do not remove this notice.

“A student may be able to use a podcast without the permission of the copyright owner if a fair dealing exception applies.”

Seeking permission

Generally, permission must be obtained for the use of music tracks or film owned by other parties.

Whilst it can be time consuming to obtain direct licences, copyright owners are often prepared to negotiate little or no payment for the use of their material when it is for not-for-profit educational use. For advice on whether a licence is needed, contact the intellectual property (IP) unit at [email protected].

STPs should always obtain the written consent of anyone performing or being interviewed in a podcast.

A sample letter to copyright owners can be obtained from the IP unit.

Permission to use copyright material for podcasts

There are different ways that copyright owners can give permission for their material to be included in a podcast. This will depend on the format and source of the copyright material, including content from the internet, a CD-ROM, CD, DVD, television or radio.

Note that if the source material is protected by a technological protection measure (TPM), for example on a commercial DVD or CD, under the provisions of the Copyright Act, STPs are not permitted to disable this measure to use the protected content.

If the copyright material is available from the internet, STPs have permission to use the material where the website states that educational use is permitted. For example, a notice may state that the material is able to ‘be used freely’, is ‘free for school or educational use’ or is able to ‘be used in your organisation’.

Another option for copyright material sourced from the internet is that an STP or member of its teaching staff may receive direct permission from the copyright owner to use the material. Permission may be obtained by asking the person or organisation listed in the ‘Contact us’ section of the website.

For all other sources of copyright material, STPs need to contact the copyright owner and obtain permission to use their content.

‘Free for education’ sources

An alternative source of material to feature in STP-produced podcasts are ‘free for education’ sources – or ‘open educational resources’ (OERs) – such as Creative Commons. Wherever possible, these materials should be used as third-party content. The beauty of material from these sources is that copyright permission has already been given by the creator/copyright owner for a range of uses that may include use in a podcast. Generally, there is a requirement to attribute (acknowledge) the copyright owner in the final product as part of the licence agreement.

Websites offering ‘free for education’ material include:

• Creative Commons creativecommons.org.au

• Wikimedia Commons commons.wikimedia.org

• OER Commons oercommons.org

• Freesound freesound.org.

Teaching the process of podcasting

The use of ‘free for education’ resources can be useful for STP staff teaching the process of podcasting. Some copyright-protected items, particularly specific musical recordings and film material, may be too expensive for STPs to use and may not be available from ‘free for education’ sources. In these instances, STPs should think about using free generic material; for instance, using a track featuring simple piano music may illustrate a teaching point just as well as a more expensive track by a well-known artist.