Nadrama Website Terms & Conditions

Last modified: 19th March 2025

Welcome to https://nadrama.com (Website), operated by Nadrama Pty Ltd (ACN 674 881 924) ("Nadrama", "we", "our", or "us").

Our Website provides information about, and access to, the Nadrama Software-as-a-Service (SaaS) container management platform (Services) and information about the Nadrama business and our operations.

This page sets out the terms and conditions (Terms) on which you may make use of our Website.

• Acceptance of the Terms
  1. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
• Changes to the Terms
  1. Nadrama reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Nadrama updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
• Data Use & Privacy
  1. Nadrama takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Nadrama's Privacy Policy, which is available on the Website at https://nadrama.com/privacy
  2. Nadrama collects, stores, and processes your data on the Website and the Services. The data is used to serve the Website to you and to provide Services, as well as to facilitate Nadrama's business operations. The Privacy Policy outlines how your data is collected, stored, and processed by Nadrama. The Privacy Policy also addresses Nadrama's processes, policies, and obligations in respect of data encryption and removal requests.
• Copyright and Intellectual Property
  1. The Website, the content, the Services, and all of the related products of Nadrama are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, source code, scripts, design elements and interactive features) or the content or the Services are owned or controlled for these purposes, and are reserved by Nadrama or its contributors.
  2. All trademarks, service marks and trade names are owned, registered and/or licensed by Nadrama, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
     1. use the Website pursuant to the Terms;
     2. copy and store the Website and the material contained in the Website in your device's cache memory; and
     3. print pages from the Website for your own personal and non-commercial use.
  3. Nadrama does not grant you any other rights whatsoever in relation to the Website or the content the Services. All other rights are expressly reserved by Nadrama.
  4. Nadrama retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
     1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
     2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
     3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
  5. You may not, without the prior written permission of Nadrama and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
• General Disclaimer
  1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  2. Subject to this clause 5, and to the extent permitted by law:
     1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
     2. Nadrama will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  3. Use of the Website and the content and the Services is at your own risk. Everything on the Website and the content and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Nadrama make any express or implied representation or warranty about the Website or content or any products or Services (including the products or Services of Nadrama) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
     1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
     2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
     3. costs incurred as a result of you using the Website, the Services or any of the products of Nadrama; and
     4. the Services or operation in respect to links which are provided for your convenience.
  4. The Website and content may contain hypertext links, frames or other references to other parties and their websites. Nadrama cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. Nadrama does not necessarily approve of, endorse, or sponsor any content or material on such sites. Nadrama makes no warranties or representations that material on other websites to which the Website is linked does not infringe the intellectual property rights of any person anywhere in the world.
  5. Nadrama is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing links to, this website to such material on other sites.
• Limitation of Liability
  1. Nadrama's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
  2. You expressly understand and agree that Nadrama, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  3. You acknowledge and agree that Nadrama holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
• Termination of Contract
  1. The Terms will continue to apply until terminated by either you or by Nadrama as set out below.
  2. If you want to terminate the Terms, you may do so by:
     1. providing Nadrama with 30 days' notice of your intention to terminate; and
     2. cancelling all Subscriptions and closing all Accounts for all of the Services which you use, where Nadrama has made this option available to you.
  3. Any notices pursuant to Clause 7.b above should be sent, in writing, to Nadrama via email to legal@nadrama.com.
  4. Nadrama may at any time, terminate the Terms with you if:
     1. you do not renew the Subscription at the end of the Subscription Term;
     2. you have breached any provision of the Terms or intend to breach any provision;
     3. Nadrama is required to do so by law;
     4. Nadrama is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
     5. the provision of the Services to you by Nadrama is, in the opinion of Nadrama, no longer commercially viable.
  5. Subject to local applicable laws, Nadrama reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Nadrama's name or reputation or violates the rights of those of another party.
  6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Nadrama have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
• Indemnity

  You agree to indemnify Nadrama, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
  2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  3. any breach of the Terms.
• Dispute Resolution
  1. Compulsory:

     If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  2. Notice:

     A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

  3. Resolution:

     On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

     1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
     2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;
     3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
     4. The mediation will be held in Victoria, Australia.
  4. Confidential

     All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

  5. Termination of Mediation:

     If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

• Venue and Jurisdiction

  The Website and the content and the Services offered by Nadrama is intended to be viewed and used by residents of any country globally. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

• Governing Law

  The Terms are governed by the laws of Victoria. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

• Severance

  If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.