My D3 Terms of Use
These terms apply to your use of MyD3, Data#3’s eCommerce platform. By using or registering for use of MyD3, you accept and agree to be bound by these Terms of Use and warrant that you have the authority to accept these terms and use MyD3 on behalf of your organisation in accordance with these terms. The organisation agrees that Data#3 may rely on that authority and that all orders submitted through MyD3 are binding on the organisation, regardless of any internal approval processes, spending limits or any other internal restrictions. If you do not agree with any part of these terms, please do not access or use MyD3 or allow anyone to access or use MyD3 on your behalf.
In these terms ‘us’, ‘our’ or ‘we’ mean Data#3 and ‘you’ or ‘your’ includes any organisation, entity or person on whose behalf you access or use MyD3. Other words with specific meanings are capitalised and defined at the end of these terms.
- Licence
- Data#3 (or its third-party licensors) grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence during the Licence Period to access and use MyD3 for the Permitted Purpose in accordance with these terms and all applicable laws.
- Any rights not expressly granted in these terms are reserved.
- Prohibited use
- Except as expressly permitted under these terms, you must not, and must not allow any person or entity to do or attempt to do the following:
- distribute, resell, copy, reproduce, disclose, market, publish, rent, lease, license, assign, incorporate into any database, sublicense or otherwise transfer MyD3 or any part of MyD3 to a third party, commercialise or otherwise exploit MyD3;
- alter, modify, adapt, create any derivative work based on whole or any part of MyD3 or otherwise incorporate any portion of MyD3 into any other materials, products or services that are not intended for the Permitted Purpose;
- use MyD3 on behalf of or for the benefit of any third party without Data#3’s prior written consent;
- remove or alter any copyright, trade mark, logo or other proprietary notice or label appearing on or in MyD3;
- decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of MyD3, including any source code, object code, algorithms, methods or techniques used or embodied therein, whether by scraping, harvesting or some other means;
- data mine, scrape, crawl, email harvest or use any process or processes that send automated queries to MyD3;
- interfere with, damage, alter, misuse or gain unauthorised access to the Data#3 Environment (and/or MyD3), or interfere with the ability of any other user of Data#3’s Environment (and/or MyD3) to use MyD3;
- use MyD3 in any way that would or may constitute a misuse of any person’s confidential information, infringe upon any person’s rights (including Intellectual Property Rights and moral rights).
- MyD3 must not be used for any unlawful or unauthorised purpose, including:
- transmitting any viruses, malware, or any other code that may damage, interfere with, or intercept MyD3; or
- engaging in any harmful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, vulgar, obscene, intrusive or otherwise objectionable behaviour.
- User Authorisation
- Only an authorised signatory of an organisation may create a company account in MyD3 (“Authorised Signatory”). The individual that initiates MyD3 onboarding by creating its organisation’s company account will be deemed to have the organisation’s required authority to act as its Authorised Signatory in this context.
- The Authorised Signatory is solely responsible for authorising other users within its organisation to become Permitted Users and access and use MyD3 in the MyD3 Identity Portal. For the avoidance of doubt, the Authorised Signatory and all other Permitted Users are bound by these Terms of Use.
- Each Permitted User is authorised to make and approve any changes to its organisation’s environment requested through MyD3 and to approve charges for goods and/or services ordered in MyD3 on behalf of its organisation. It is each Permitted User’s responsibility to communicate and manage use of MyD3 and approval processes within its organisation.
- Permitted Users may only access MyD3 for the Permitted Purpose and in accordance with these terms or as otherwise notified by Data#3 in writing from time to time (e.g. by notice on the Data#3 website or within MyD3).
- User Access and Login Details
- If Data#3 provides you with (or allows you to generate) any Login Details, you acknowledge and agree that you and your organisation:
- bear sole responsibility for protecting and keeping confidential all Login Details and ensuring your current and past Authorised Users comply with these terms as if subject to the same obligations as you;
- must not share or provide such Login Details to any other person; and
- are, and will remain, fully responsible and liable for any authorised or unauthorised use of any Login Details.
- must have a process to ensure that access to MyD3 is promptly removed when any Permitted User’s employment or other engagement with your organisation ceases.
- You must notify Data#3 as soon as possible if you suspect or are aware:
- that Login Details have been compromised or become known by a third party;
- that there has been any unauthorised use of your Login Details or account.
- For security reasons, you acknowledge and agree that Data#3:
- may reset or require you to update Login Details whenever Data#3 considers it appropriate under its internal security protocols; and
- may require you or an Authorised User to re-authenticate from time to time. Data#3 is not responsible for any information that you may lose if Data#3 terminates your browser session.
- Terms of Sale
- Purchases made by you in MyD3 will be subject to the Terms of Sale presented at the time you submit an order.
- These Terms of Sale are specific to purchases made in the eCommerce platform and, unless otherwise expressly agreed in writing, take precedence over any other terms that may be in place between the organisation and Data#
- If your organisation does not agree to the Terms of Sale, you should use the Contact Information below before submitting any order.
- Where you place an order through MyD3 under credit terms agreed with Data#3, you are responsible for ensuring that the order complies with those credit terms, including any applicable credit limits. If Data#3 determines that an order exceeds or otherwise breaches the applicable credit terms, Data#3 may, at its discretion, require amended credit terms to be agreed before processing the order, or require immediate and upfront payment for all or part of that order.
- Changes to MyD3
- Data#3 reserves the right to:
- modify the method of delivery of, or access to, MyD3 at any time;
- change or refine the features and functionality of MyD3 from time to time;
- require you to obtain and use the most recent version of MyD3;
- make temporarily unavailable or otherwise suspend access to MyD3, due to any scheduled or emergency maintenance, system updates, changes to MyD3 or for any other reason without notice (but will endeavour to undertake any scheduled outages outside of working hours).
- You acknowledge that Data#3 has entered into agreements with various Service Providers and may at any time be required to amend or suspend MyD3 under those Service Provider agreements.
- Customer Materials
- If you or any Authorised User provides any Customer Materials to Data#3, you hereby grant to Data#3 and its Service Providers a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to access, use and store such Customer Materials to provide MyD3 and for related purposes, including providing products and/or services to you.
- You represent and warrant to Data#3 and its Service Providers that:
- you have the right and authorisation to grant the licences and the access, use and storage rights referred to above;
- use of the Customer Materials as permitted by this clause will not infringe the rights of you, your Authorised Users, your personnel or any third parties including Privacy Laws or any person’s Intellectual Property Rights; and
- the Customer Materials are free of worms, viruses, trojan horses, malware, spyware and any other code or program that could be harmful, disabling or allow unauthorised access or changes to the Data#3 Environment or any third party environment.
- You acknowledge and accept that access to and use of MyD3 depends on the accuracy and quality of information and materials, including Customer Materials, provided by you to Data#3 and its Service Providers, and you are solely responsible for managing the accuracy, correctness and quality of such information and material provided to Data#3 and its Service Providers.
- APIs
- Data#3 reserves the right to place limits on access to the Data#3 APIs (e.g. limits on numbers of calls or requests over a given period).
- You will be responsible for generating the API Key and ensuring its proper handling.
- Data#3 will not provide resources to perform integration services. Resources to integrate will need to be provided by you.
- Data#3 will use commercially reasonable efforts to provide reasonable notice prior to deprecating or retiring a Data#3 API.
- Without limiting any other provision in these terms, any data accessed or retrieved from the Data#3 APIs remains our property. You are granted a limited, non-exclusive, non-transferable licence to use the data for the Permitted Purpose. You must not share, distribute, or otherwise make such data available to any third party without our prior written consent.
- Data#3 Warranties
- To the full extent permissible by law, Data#3 and its Service Providers expressly disclaim all warranties:
- that MyD3 will meet your requirements or be fit for any particular purpose;
- that MyD3 will be free from errors or defects, correct, accurate, complete, reliable, current and up to date;
- that MyD3 will function in an uninterrupted manner, be available at all times or at any given time, or be fully secure or otherwise compatible with your computer equipment, systems, environment, hardware or software; and
- that errors or defects will be corrected, although Data#3 will endeavour to correct errors within a reasonable time.
- Except as otherwise expressly provided in these terms, MyD3 is provided on an ‘as is, as available’ basis without any representations or warranties of any kind, either express or implied.
- Customer obligations and warranties
- You agree to cooperate fully and act promptly, reasonably and in good faith to assist in the timely progress and fulfilment of our obligations under these terms including, but not limited to, not unreasonably withholding or delaying the provision of any agreement, acceptance, information, assistance or other resource required by us.
- You warrant that all information pertaining to your hardware, software or service requirements and specifications is complete and accurate. You agree to promptly update us if you uncover any errors or incompleteness in the information you have supplied to us.
- You are responsible for maintaining and keeping up to date your account(s) with the relevant Service Providers to access MyD3 and/or the relevant services. Failure to do so may impact the delivery and/or accuracy of MyD3 and/or the relevant services.
- You agree to notify Data#3 in writing as soon as practicable of the details of any suspected error or unexpected outcome encountered when using MyD3 or any Security Incident, and consent to Data#3’s use and disclosure of those details for its internal business purposes and as required or permitted by law.
- Third party material
- You acknowledge that any Data#3 website, platform or app may include advertising and other information submitted by parties other than Data#3, and links to other sites operated by advertisers and third parties. To the full extent permissible by law, Data#3 disclaims all responsibility for any error, omission or inaccuracy of such information or its failure to comply with any relevant standards, laws or regulations.
- Data#3 has no responsibility regarding your access or use of or any information you obtain from or disclose to any other website or platform, even if you access it via a link from a Data#3 source.
- You acknowledge and accept that we use third-party products to provide access to MyD3 and/or some or all of Data#3 services, including public cloud-based products, to store certain data, including Customer Materials. You agree to comply with all terms and conditions applicable to the use of any such third-party products, where we will take commercially reasonable steps to notify you of such terms.
- Confidentiality and privacy
- We and you both agree to maintain in confidence and respect the Confidential Information of the other and to abide by the restrictions on use and disclosure of another’s Confidential Information to the extent permitted by law.
- Data#3 is committed to protecting your privacy. Data#3’s Privacy Policy, available on our website https://www.data3.com/privacy/, explains how we collect, use, and disclose your Personal Information. By using MyD3, you consent to the practices described in the Privacy Policy.
- You have obtained consent from any person for the use and disclosure of their Personal Information as contemplated by these terms.
- Termination
- Either of us may terminate these terms:
- on 30 days prior written notice, without cause; and
- immediately if the other party is in breach of these terms.
- If these terms are terminated or expire, all your rights to use MyD3 will immediately end, and you will at your expense promptly return, or at Data#3’s election destroy, any Data#3 Materials that are either in your possession or under your control.
- After 30 days after termination, Data#3 will have no obligation to store and/or make available the Customer Materials and may delete the same.
- Termination or expiry of these terms does not constitute termination or expiry of an agreement for the purchase of goods and/or services established in MyD3, unless Data#3 provides notice to the contrary.
- Liability
- You assume the risk in using MyD3 as well as total responsibility for establishing and maintaining such procedures for data backup, virus checking and any information security generally as you consider necessary.
- EXCEPT IN RESPECT OF PERSONAL INJURY OR DEATH CAUSED BY A PARTY’S NEGLIGENCE, NEITHER PARTY IS LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES WHETHER SUCH LOSSES OR DAMAGES ARE ALLEGED AS A RESULT OF TORTIOUS CONDUCT (INCLUDING NEGLIGENCE) OR BREACH OF CONTRACT OR OTHERWISE AND WHETHER OR NOT IN THE CONTEMPLATION OF THE PARTIES AT ANY TIME.
- Except in respect of personal injury or death caused by our negligence, our maximum liability to you in aggregate for all claims made against us in contract, tort (including negligence) or for any other common law or statutory cause of action or otherwise in connection with the subject matter of these terms shall be limited to $1,000.
- A party’s liability to the other party for a claim will be reduced proportionately to the extent that any act or omission of the other party, its officers, agents, employees or contractors or any third party causes or contributes to the relevant liabilities, losses, damages, costs or expenses.
- General Provisions
- Assignment: Data#3 may at any time transfer or assign any or all our rights, obligations, benefits or interests under these terms. You may transfer or assign any or all your rights, obligations, benefits or interests under these terms only with the prior written consent of Data#3, which shall not be unreasonably withheld.
- Severance: The provisions in these terms are enforceable independently of each of the others and if a provision of these terms is, or becomes, illegal, invalid, void or deemed unenforceable by any court of competent jurisdiction, it shall not affect the legality, validity or enforceability of any other provisions of these terms. If any of these provisions is so held to be illegal, void, invalid or unenforceable but would be legal, valid or enforceable if some part of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it legal, valid or enforceable.
- Waiver: Failure or delay by either party to enforce any provision of these terms shall not be deemed a waiver of future enforcement of that or any other provision, unless agreed in writing by the relevant party.
- Entire Agreement: Where these terms apply, they constitute the entire agreement between the parties with respect to their subject matter and supersede and replace any prior agreement or understanding between the parties.
- Governing law: These terms shall be governed by the laws of Queensland, and each party submits to the non-exclusive jurisdiction of the courts of Queensland.
- Force Majeure: We are excused from performing our obligations to the extent we are prevented by circumstances beyond our reasonable control including, but not limited to, acts of God, natural disasters, acts of war, riots and strikes.
- Updates: We may change these terms from time to time. These terms are available on our website. We will make commercially reasonable efforts to notify you of material changes to these terms. Your continued access or use of MyD3 following such changes being made will constitute your acceptance of the updated terms. If you do not accept our updated Terms of Use, please email us using the contact details below.
- Contact Information
- If you have any questions or concerns about these Terms, please contact us at LARA@data3.com.au.
- These Terms are effective as of: 28 May 2026
Definitions and Interpretation
API Key means the individual key or credentials allocated to you and any additional security measures which may be introduced from time to time, enabling access to MyD3 via a Data#3 API.
Confidential Information means any trade secrets embodied in any information relating to, but not limited to, the commercial activities, product pricing, technologies, business processes, client relationships, strategic information and any other information related to the conduct of each party’s business.
Customer Application means the software application, website, or digital platform owned or licensed by you.
Customer Materials means any data, information, content, metadata and other materials provided or that may be supplied to Data#3 by you (or obtained by Data#3 from you), directly or indirectly, but does not include the Data#3 Material supplied under or in connection with the Data#3 services and any materials that independently come into the possession of Data#3 (other than through you).
Data#3 means the entity Data#3 Limited ABN 31 010 545 267 or any of its wholly owned Related Bodies Corporate as specified as the seller or supplier, of Level 1, 555 Coronation Drive, Toowong, QLD 4066.
Data#3 API means the application programming interfaces owned and/or licensed by Data#3, which allows you to access MyD3 or integrate a Customer Application.
Data#3 Environment means any hardware, software, information, networks, systems or other technology solutions owned or controlled by Data#3 (in the ordinary course of operating its business).
Data#3 Materials means all Intellectual Property Rights (of Data#3, its Related Bodies Corporate, its Service Providers, and/or any other third party suppliers to Data#3), Data#3 Confidential Information, Data#3 API, Data#3 services, the Data#3 Environment, databases, platforms and models, including any other material provided or supplied by Data#3 to you, or otherwise accessed by you in the use of Data#3 services, and includes all modifications to those materials.
Intellectual Property Rights includes copyright, trade mark, design, patent, semiconductor or circuit layout rights, trade, business or company names, any right to have confidential information kept confidential or other proprietary rights or any rights to registration of those rights whether created before or after the date of accessing MyD3 as the context admits and whether existing in Australia or otherwise.
Licence Period means the period commencing the first time you access or use MyD3 and until terminated.
Login Details means any user names, passwords, tokens, API Keys, encryption keys and other authentication credentials for use by a Permitted User for the purpose of accessing MyD3.
Permitted Purpose means your internal business purposes related to the purchase and monitoring of your use of products and/or services from Data#3 or any other purpose as agreed in writing between the parties.
Permitted User(s) means any person or entity authorised to access or use MyD3 on behalf of their organisation or its related entities, including any Authorised Signatory.
Personal Information means ‘personal information’ as defined in the Privacy Laws.
Privacy Laws means any applicable laws relating to privacy, including the Privacy Act 1988 (Cth) and any instruments made under it (as amended, replaced or substantially substituted, if applicable).
Related Body Corporate has the meaning given to the term in the Corporations Act 2001 (Cth).
Security Incident means any actual, alleged or suspected unauthorised or unlawful use of, access to, or alteration of MyD3 or any of our digital environments, including any notifiable data breach (under the Privacy Laws) or any virus, malware, spyware or other unauthorised or harmful code or program encountered by you.
Service Providers means third parties, including third party vendors, that may provide services to Data#3 or you in connection with, or for you to access, receive or use, MyD3.
