1 About these terms
These Terms of Use ("Terms") are an agreement between you and Dammad Pty Ltd (ABN [insert]) ("Dammad", "we", "us") and govern your access to and use of dammad.com.au and related services (the "Platform").
By accessing the Platform, lodging a complaint, claiming a business or otherwise using our services, you agree to these Terms. If you don't agree, please don't use the Platform.
2 What Dammad is — and isn't
Dammad is an independent online platform that helps consumers lodge, communicate and track complaints about businesses, and helps businesses respond to and resolve them.
Dammad is not a law firm, ombudsman, regulator or government body. We do not provide legal advice, adjudicate disputes, or guarantee any particular outcome. Where a complaint isn't resolved, we may direct you to an external ombudsman or regulator, but using Dammad is not a substitute for those bodies or for independent legal advice.
We don't take a fee or commission from any refund, compensation or outcome a consumer receives. The Platform is free for consumers; some features for businesses are paid.
3 Eligibility
To use the Platform you must be at least 18 years old and able to form a binding contract. If you use the Platform on behalf of a business or other organisation, you confirm you're authorised to do so and to bind that entity to these Terms.
4 Your account
- You're responsible for the accuracy of the information you provide and for keeping your login details secure.
- You must not share, sell or transfer your account, or impersonate another person or business.
- You're responsible for activity that occurs under your account.
- We may suspend or close accounts that breach these Terms.
5 Lodging complaints
When you lodge a complaint, you agree that:
- The complaint describes your own genuine experience and is true and accurate to the best of your knowledge;
- You won't include statements you know to be false, misleading, or made without an honest belief in their truth;
- You'll keep to facts and your honest opinion, and avoid abuse, threats, or personal attacks on individuals;
- You have the right to share any evidence you upload, and it doesn't infringe anyone else's rights;
- You won't post another person's private or identifying information without their consent.
You retain responsibility for what you submit. Submitting deliberately false or malicious complaints is a serious breach of these Terms and may have legal consequences for you.
6 Moderation & publication
Complaints may be published on a business's public profile page. Before anything is published:
- The business is notified privately and given a response window of 14 days;
- Complaints are moderated — we may edit, redact, decline or remove content to remove abuse, speculation, irrelevant personal information or material we consider unlawful;
- Resolved complaints are marked as resolved, and the business's response (if any) is published alongside the complaint.
We publish consumers' accounts and businesses' responses. We do not independently verify the truth of every statement, and publication is not an endorsement by Dammad of either side. We may decline to publish, or remove, any complaint at our discretion.
7 Business responses & right of reply
A business named in a complaint may claim its profile and respond. Every business has an unconditional right of reply, published alongside the complaint. Businesses must keep responses factual and professional and must not use the Platform to harass, intimidate or retaliate against a complainant.
Claiming a profile does not allow a business to delete genuine complaints. Paid business features provide tools to respond, resolve and analyse complaints; they never include the ability to suppress lawful complaints.
8 Prohibited conduct
You must not:
- Post false, defamatory, harassing, hateful, obscene or unlawful content;
- Lodge complaints you know to be untrue, or on behalf of someone whose experience you're misrepresenting;
- Use the Platform to extort, blackmail or threaten any person or business;
- Post complaints about a competitor while posing as a customer, or otherwise manipulate the Platform;
- Upload malware, scrape the Platform, or interfere with its operation or security;
- Infringe anyone's intellectual property, privacy or other rights.
9 Your content & the licence you grant us
You keep ownership of the content you submit. To operate the Platform, you grant Dammad a non-exclusive, royalty-free, worldwide licence to host, store, moderate, reproduce and publish your content in connection with the services — including displaying complaints and responses on public profile pages and in search results.
This licence continues for content that remains on the Platform and for reasonable archival and legal-record purposes after removal.
10 Reporting content & takedowns
If you believe content on the Platform is inaccurate, defamatory, infringing or otherwise in breach of these Terms, you can report it through our complaints and content-removal process. We aim to assess valid reports promptly and may remove, amend or annotate content, or take other reasonable steps.
We operate a content-complaints mechanism so issues can be raised and resolved quickly. This process is part of how we keep the Platform fair to consumers and businesses alike.
11 Disclaimers
The Platform is provided "as is" and "as available". To the extent permitted by law, we don't warrant that it will be uninterrupted, error-free, or that any complaint will result in a particular outcome.
Content published on the Platform reflects the views of the users who posted it, not Dammad. You rely on any content at your own risk.
Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or other laws that can't lawfully be excluded. Where we're permitted to limit our liability, we do so as set out below.
12 Limitation of liability
To the maximum extent permitted by law, Dammad isn't liable for any indirect, incidental or consequential loss, or for loss of profits, data or reputation, arising from your use of the Platform or from content posted by users.
Where liability can't be excluded but can be limited, our total liability to you is limited, at our option, to re-supplying the relevant service or paying the cost of having it re-supplied.
13 Indemnity
You agree to indemnify Dammad against claims, losses and reasonable costs arising from content you submit or from your breach of these Terms, except to the extent caused by our own breach or negligence.
14 Privacy
Our handling of personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Platform you consent to that handling, including sharing the details necessary for a complaint with the business it concerns.
15 Changes to these Terms
We may update these Terms from time to time. If we make material changes, we'll take reasonable steps to notify you. Continuing to use the Platform after changes take effect means you accept the updated Terms.
16 Governing law
These Terms are governed by the laws of Victoria, Australia. You and Dammad submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.