You are solely responsible for, and indemnify each of us and our third party service provider with respect to, the nature and content of all materials, works, data, statements, and other visual, graphical, video, written or audible communications of any nature submitted by any Authorised User or otherwise Processed through your Account. You must not use or permit the use of the DocuSign service: to communicate any message or material that is defamatory, harassing, libelous, threatening, or obscene; in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability (other than contractual liability of the parties under eContracts Processed through the DocuSign service); in any manner that is likely to damage, disable, overburden, or impair the System or the DocuSign service or interfere in any way with the use or enjoyment of the DocuSign service by others; or in any way that constitutes or encourages conduct that could constitute a criminal offence. You acknowledge that even though we do not monitor the content processed through the DocuSign service, we or our third party service provider may at any time and without prior notice suspend any use of the DocuSign service and/or remove or disable any content. We will use reasonable commercial efforts to provide you with notice of any such suspension or disablement before its implementation, or promptly thereafter. Privacy and personal information Except as required by law, you have sole responsibility for the legality, reliability, integrity, accuracy and quality of the personal Information you provide to us using the DocuSign service. Both we and our service provide will your Personal Information in accordance with our respective Privacy Policies. You acknowledge that the DocuSign service uses data transmissions over the public internet and except as required by law, neither we nor our third party service provider will be responsible for any loss, destruction, alteration or disclosure of Personal Information caused by any third party whose services are used only incidentally and without our direct involvement (for instance, third party network providers over whose networks internet traffic is transported). To the extent we are required to process Personal Information in connection with the DocuSign service, and in addition to the matters set out in our Privacy Policy:
we make no additional representation, warranty, guarantee or condition of any kind, whether express, implied in fact or by operation of law, or statutory as to any matter whatsoever; we expressly disclaim all implied conditions and warranties and statutory guarantees; and do not warrant that the DocuSign service are or will be error-free or meet your requirements or be timely or secure or fit for any purpose. You have no right to pass on any representation, condition or warranty on behalf of us or our third party supplier to any third party. If you are a consumer as defined in the Australian Consumer Law, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You warrant that: you have all requisite rights and authority to use the DocuSign service and to grant all applicable rights herein; the performance of your obligations will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties you will use the DocuSign service for lawful purposes only and in accordance with Our Customer Terms; you are responsible for all use of the DocuSign service in your Account; you are solely responsible for maintaining the confidentiality of your Account names and password(s); agree that we are not liable for any losses incurred as a result of a third party's use of your Account, regardless of whether such use is with or without your knowledge and consent; and you will not attempt to gain unauthorised access to the System or the DocuSign service, other accounts, computer systems, or networks under the control or responsibility of DocuSign or us through hacking, cracking, password mining, or any other unauthorised means.