Terms & Conditions

myBIG AUSTRALIA PTY LTD

SUBSCRIPTION TERMS AND CONDITIONS

Last updated: 5 November 2021

These terms and conditions (Terms) apply to your subscription to the myBIG online platform (Platform) accessed via the website located at www.mybig.com.au (Website). The Platform is owned and operated by myBIG Australia Pty Ltd ACN 650 687 924 (myBIG Australia). They are to be read in conjunction with the general terms and conditions of use for the Website (Website Terms of Use) which are accessible via www.mybig.com.au, and myBIG Australia’s privacy policy which is accessible at www.mybig.com.au/privacy (privacy policy). Except where the context requires otherwise, terms that are defined in the Website Terms of Use have the same meaning where used in these Terms.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO A SUBSCRIPTION. BY CLICKING THE ‘I AGREE’ CHECKBOX, YOU ARE DEEMED TO HAVE READ AND AGREED TO THESE TERMS AND CONDITIONS, AND YOU REPRESENT AND WARRANT TO US THAT YOU HAVE VALID AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF THE ORGANISATION YOU REPRESENT.

Please note that, unless otherwise expressly indicated to the contrary, your Subscription will continue to renew indefinitely and you authorise us to debit or to charge your credit card the amount of the applicable Subscription Fees (as determined under these Terms) on the date those Subscription Fees become due and payable. Any cancellation of your subscription must be in accordance with clause 13.2 of these Terms.

  1. Your organisation. Where you access the Platform on behalf of your organisation: (a) you personally represent and warrant to us that you are authorised to agree to these Terms on behalf of your organisation and to legally bind your organisation to these Terms; and (b) your organisation must ensure that all officers, employees, agents and contractors of your organisation who access and/or use the Platform comply with these Terms.
  2. Your Subscription
    1. You may apply to subscribe to access and use certain parts of the Platform Material (Subscription).
    2. Your Subscription is for the package applied for by you on the Website and accepted by us through the Website (Subscription Plans), which provides access to certain functionality and content, together with access to any additional packages offered by myBIG for purchase on the Website (Add-On Packs).
    3. Your Subscription includes, to the extent provided under your Subscription Plan, access for the number of users in your organisation (Platform Users) nominated by you during the Subscription registration process on the Website (Permitted Number of Platform Users) to access:
      1. the general functionalities of the Platform;
      2. the Platform Material available only to subscribers at the same Subscription Tier as you; and
      3. the Platform Material that is made freely available from time to time by myBIG to all users and subscribers (regardless of their Subscription Tier),

for the relevant period of the Subscription (Subscription Period).

    1. The Subscription Period is the period specified on the Website for your Subscription Tier or as otherwise agreed by us and you in writing. If no period is specified, the Subscription Period is one (1) year.
    2. As soon as practicable following confirmation of your Subscription, we will provide you with details on how to create a user account for Platform Users up to the number of the Permitted Number of Platform Users to the Platform (User Account). You agree to allocate each User Account to a specific named individual Platform User, and you must ensure that each User Account is used only by that allocated named Platform User.
    3. You must ensure that each Platform User is a natural person whose role in your organisation requires access to the Platform and is currently employed within your organisation. If a Platform User changes their role (and no longer needs access to the Platform) or ceases employment, then you may substitute another natural person as the relevant Platform User for that User Account.
    4. You must not, and must ensure that none of your Platform Users, share, rent, lease, sell, re-sell, distribute or otherwise provide access to your Subscription, any User Account, the Platform Material or any Add-On Packages.
    5. You must keep, and must ensure that all Platform Users keep, their relevant login credentials confidential and safe from access by unauthorised users. You must not, and must ensure that none of your Platform Users, share any login credentials to your Subscription or any User Account with any other individual or organisation.
    6. You must ensure that, at all times, the number of Platform Users accessing the Website and the Platform does not exceed the Permitted Number of Users.
    7. You must not remove, alter or obscure, and must ensure that no Platform User removes, alters or obscures, any ownership, copyright, trade mark, confidentiality or other marks or legends (including any digital watermark or other digital rights management) (whether made by or relating to us or our licensors) on or in any of the Platform Material.
    8. You must protect the security of the Platform Material in your possession.
    9. The Add-On Packages include functionality and/or content as described on the Website in relation to the particular Add-On Package. You may only access an Add-On Package if you have a valid subscription for that Add-On Package. We may change or remove the availability of any Add-On Package without notice or liability to you.
    10. In order to register for and to purchase a Subscription, you may be required to provide personal information (including your name, email address, preferred username, a secure password, billing details, mobile phone number, and other personal information that we may request from time to time). Such information will be handled by us in accordance with our privacy policy. You represent and warrant to us that all information that you supply to us in the course of completing the Subscription registration process is complete, accurate and up-to-date.
  2. The Platform and the Website
    1. During the Subscription Term, we grant to you the non-exclusive, non-transferable right to access the Website and to access and use the Platform for the Permitted Number of Platform Users. If your Subscription Tier does not allow for a Permitted Number of Platform Users, then you agree that the rights granted under this clause is limited to one (1) Platform User.
    2. From time to time in our sole and absolute discretion, we may implement upgrades to the Website and/or the Platform, through a modification, improvement or provision of a new version of the Website and/or Platform. Any upgrade to the Website or to the Platform will not limit or otherwise affect these Terms. You acknowledge and agree that an upgrade to the Platform may cause downtime or delays from time to time, and that we are not liable to you in any way for any loss of access during such downtime.
    3. We may change or remove a feature of the Website or the Platform at any time without notice or liability to you.
    4. Unless otherwise agreed in writing, we reserve the right to restrict access, or to suspend your access, to any part of the Platform until you have paid any relevant Subscription Fees.
  3. Subscription Fees and Payment
    1. You agree to pay the fees to us in the amounts and at the times specified in the pricing section of the Website for your Subscription having regard to your Subscription Tier and any Add-On Packages in addition to your Subscription or as otherwise agreed by us and you in writing (Subscription Fees). All Subscription Fees must be paid in advance and are non-refundable, to the maximum extent permitted by law.
    2. Unless otherwise agreed in writing, the Subscription Fees are due and payable in advance for the duration of the relevant Subscription Period, with payment being due on or before the commencement of the Subscription Period. Payment may be made via PayPal, Google Pay, or Apple Pay (when available as specified by us when the offer is made) or by debit or credit card.
    3. Any recurring payment for Subscription Fees in respect of a Subscription Tier or any Add-On Package will automatically be charged by us, or on our behalf by our payment provider, in advance, subject to the terms set out in these Terms, until such time as the subscription is terminated in accordance with these Terms.
    4. You acknowledge and agree that your Subscription will renew automatically on the end of your first Subscription Period for a further Subscription Period of the same length indefinitely and you agree to pay the Subscription Fees for each subsequent annual Subscription Period, until you cancel your Subscription in accordance with clause 13.2 of these Terms. We will continue to debit (and you authorise us to debit) the Subscription Fees at the commencement of each subsequent Subscription Period. We will not pay any charge back amount if you fail to cancel your Subscription in accordance with these provisions. By choosing a Subscription Tier or Add-On Package with a recurring payment, you acknowledge and agree that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of the Subscription.
    5. In relation to any GST payable for a taxable supply made by us to you, you must pay to us in addition to, and at the same time as making payment of the Subscription Fees, the amount of GST payable, subject to us providing you with a valid tax invoice.
    6. We reserve the right to charge you credit card surcharges in the event payments are made using a credit, debit or other charge card (including VISA, Mastercard, or American Express).
    7. We reserve the right to change the Subscription Fees from time to time. When we change the Subscription Fees, we will provide you with not less than 7 days written notice of the changes to the Subscription Fees.
    8. We may use third-party payment providers to collect the Subscription Fees on our behalf. The processing of payments by the payment provider will be, in addition to these Terms, subject to the terms, conditions and privacy policy of the relevant payment provider, and to the maximum extent permitted by law, we are not liable to you for the security or performance of the payment provider. We reserve the right to correct, or to instruct our payment provider to correct, any errors or mistakes in collecting your payment.
  4. Direct Debit
    1. You may provide us with a direct debit authority for payment of Subscription Fees in a form notified by us from time to time.
    2. By providing us with your credit or debit card or account details in such authority, you authorise us to charge all amounts payable in relation to your Subscription to the credit or debit card or nominated payment account in accordance with clause 4 of these Terms.
    3. You must ensure that you have sufficient funds in your account to honour the payment. If there are insufficient funds, we may continue to attempt to process the payment multiple times.
    4. It is your obligation to notify us of any changes to your credit or debit card or payment account details.
    5. We may continue to process your payments after the expiry date of your credit or debit card as advised to us.
    6. We may, on providing you with reasonable notice in the circumstances, cancel this direct debit arrangement at any time. The circumstances in which we may cancel the direct debit arrangement include where there have been dishonoured or rejected payments, or if we have a reasonable suspicion that false or fraudulent information has been provided to us in relation to your direct debit arrangement. Where we cancel a direct debit payment method, we will notify you of the cancellation and request that you notify us of alternative payment arrangements for the Subscription Fees that are due and payable to us under these Terms.
  5. General Platform Obligations
    1. You must not, and you must ensure that all your Platform Users of the Platform do not, misuse your Subscription, the Platform or any Platform Material in any way, including, without limitation, by doing any of the following:
      1. use your Subscription, the Platform or the Platform Material for any purpose other than as granted by these Terms;
      2. use your Subscription, the Platform or Platform Material in a manner that is illegal or fraudulent or facilitates any illegal or fraudulent activity;
      3. use your Subscription, the Platform or Platform Material in a manner that may interfere with, disrupt or create undue or unreasonable burden on the servers and networks that host the Platform and the Platform Material;
      4. access or use your Subscription, the Platform or Platform Material with the assistance of any automated scripting tool or software other than as provided by us;
      5. penetrate or to breach the security of the Platform, or to otherwise interfere with the normal functions and performance of the Platform;
      6. circumvent any technological protection measures or other security features of the Platform or relating to the Platform Material; or
      7. attempt to, or procure, permit or assist any other person to, do any of the foregoing.
    2. If you become aware of any actual or suspected misuse of your Subscription by any person, you must contact us as soon as practicable using the contact details or form provided on the Website.
    3. In addition to the rights conferred on us under the Website Terms of Use, we reserve the right to suspend or to terminate your Subscription if we are reasonably of the opinion that any access to or use of the Subscription is in breach of your obligations set out in clause 6.1 of these Terms.
  6. Platform Material
    1. Your Subscription and any Add-On Packages will allow you and the Users (up to the Permitted Number of Platform Users) to access and to use certain materials which are made available by us on the Platform (Platform Material).
    2. You acknowledge and agree as follows:
      1. the Platform Material is subject to change at any time without notice to you;
      2. we do not guarantee that any specific Platform Material will be available or continue to be available on the Platform and we reserve the right to change or remove any existing Platform Material at any time;
      3. the Platform Material may include any materials the rights in which are owned by third parties and which are made available by us on the Platform under licence by the third party to us;
      4. whilst we take all reasonable endeavours to ensure that the Platform Material is accurate, up-to-date and complete, to the maximum extent permitted by law, we do not:
        1. represent or warrant that the Platform Material is accurate, up-to-date and complete;
        2. represent or warrant that the Platform Material is suitable for your intended use;
      5. the Platform Materials are provided for general information only and are not intended to, and do not, constitute professional advice;
      6. you are solely responsible for use of any Platform Material and you should make your own enquiries to check if the Platform Material is accurate, complete and suitable for your intended use;
      7. we are not liable to you for any loss, damage or liability (of any kind) arising out of or in connection with your access to or use of the Platform, including your reliance on the Platform Material;
      8. we expressly reserve all rights (including any Intellectual Property Rights) owned or licensed by us in the Platform Material, subject only to the limited rights to access and to use the Platform Material in accordance with clause 8 of these Terms; and
      9. if any Platform Material is specified as not being available to be downloaded, you must not download that Platform Material and you must ensure that Platform Users do not download that Platform Material.
  7. Intellectual Property
    1. We and our licensors retain full right, title and interest in and to (including all Intellectual Property Rights and other proprietary rights) in and to the Platform and the Platform Material. Nothing in these Terms should be construed as conferring on you any right to the Platform or the Platform Material except as expressly set out in these Terms.
    2. “myBIG” and all product names appearing on this Website and the Platform are the trade marks of myBIG or, where indicated, our licensors. If You use any of our trade marks in reference to us, the Website or the Platform or Platform Material, you must include a statement attributing that trade mark to us.  You must not use any of our trade marks or trade marks of our licensors: (a) in or as the whole or part of your own trade marks; (b) in connection with any business, products or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages us, the Platform or the Platform Material.
    3. Subject to your compliance with these Terms, we grant to you (for the Permitted Number of Platform Users) the right to access and use the Platform Material, solely for your own or your organisation’s internal use and information purposes.
    4. Except as expressly permitted under these Terms (or as reasonably contemplated by the normal use of the Platform or the Platform Material) or expressly as authorised under applicable law, you must not misuse the Platform or the Platform Material including, without limitation, doing any of the following: (a) license, sub-license, sell, re-sell, distribute or otherwise commercially exploit the whole or any part of the Platform and Platform Material; (ii) modify, copy, reproduce republish, transmit or distribute or make derivative works based on the whole or any part of the Platform or the Platform Material; (iii) reverse engineer, reverse compile or otherwise access the Platform or Platform Material in order to build a competitive product or service; or (iv) attempt to, or procure, permit or assist any other person to, do any of the foregoing.
  8. User Data
    1. You grant to us (and to our related bodies corporate) a non-exclusive, fully paid up, worldwide and irrevocable licence (including the right to grant sub-licences) to reproduce, use and otherwise exploit all User Data, including for the purpose of providing the Platform and the Platform Material to you and to Users.
    2. You retain ownership of your User Data.
    3. We will take reasonable measures to protect the User Data from any misuse, interference and loss, as well as from unauthorised access, modification or disclosure.
    4. We reserve the right to remove any User Data where we are reasonably of the opinion that such User Data does not comply with your obligations in clause 6.1 of these Terms or clause 6 of the Website Terms and Conditions.
    5. You represent and warrant to us that you are authorised to provide the User Data to us and that our use of the User Data will not infringe the rights of any third party.
    6. We reserve the right (in our absolute discretion) to review and to remove any User Data at any time without giving any explanation or justification for removing the User Data. Where we exercise such right, you acknowledge and agree that we are not liable to you or to any Platform User for the removal of any User Data. You agree that you are responsible for the keeping of all records and backups of such records in relation to the User Data submitted to us via the Platform.
    7. You acknowledge and agree that User Data may be able to be accessed by other Platform Users on your Subscription.
  9. Privacy

We will collect, hold, use, disclose and otherwise handle personal information received from you and from all Platform Users in accordance with our privacy policy.

  1. Disclaimer. To the maximum extent permitted by law, we do not represent or warrant to you that the Platform or the Platform Material will be error-free or uninterrupted or that they are suitable for your intended purpose, or that you will obtain specific results from your access to or use of the Platform or the Platform Material. We provide the Platform and the Platform Material to you on an “as is” and “as available” basis. When you access the Platform or the Platform Material, you acknowledge that you do so at your own risk, having made your own enquiries to check whether the Platform and the Platform Material are accurate, complete and suitable for Your intended use. Neither we nor any of our related bodies corporate are liable to you for any loss, damage or liability (of any kind) for any errors or omissions in, or your access to, use of and reliance on the Platform or Platform Material. Although we use our reasonable endeavours to ensure that the Platform and the Platform Material are free from viruses and other harmful code, we do not represent or warrant to you that any Platform Material that you access and/or download from the Platform will be free from viruses and from other harmful code. You acknowledge and agree that the internet is an inherently insecure medium, that no data transmission over the internet can be guaranteed as being totally secure and that your data submitted to us is transmitted to us at your own risk.
  2. Limitations of Liability. To the maximum extent permitted by law, neither we nor our related bodies corporate are liable to you for any loss, damage or liability of any kind arising out of or in connection with your access to, use of and reliance on the Platform and/or the Platform Material. To the maximum extent permitted by law, our liability to you under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into these Terms by any legislation (Statutory Warranties) is hereby excluded. Where we are liable under any Statutory Warranties, and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such Statutory Warranties, our liability for any breach of such Statutory Warranties shall be limited, at our option, to one or more of the following: (a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and (b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again. You acknowledge and agree that reliance by us on this limitation of liability is fair and reasonable in all the circumstances.
  3. Upgrades to and termination of your subscription
    1. Upgrades: You may notify us in writing or through the Platform that you would like to upgrade your Subscription Tier at any time. If you do so, then we will take reasonable steps to promptly provide you (and your Platform Users) with access to the new Subscription Tier and, upon providing access to the upgraded Subscription Tier, we will charge the increase in the Subscription Fees to you on a pro-rata basis for the remainder of the then current Subscription Period.
    2. Cancellations: You may cancel your Subscription by not less than thirty (30) days written notice to us, including through the mechanism (if any) provided for such cancellation via the Platform. Your Subscription will end at the completion of the then current Subscription Period. At the end of the Subscription Period, your Subscription, and access to the Platform and your right to access, use and to download the Platform Materials, will be terminated. Upon termination of your Subscription, We will cease storing or retaining any User Data pertaining to your Subscription that we hold.
  4. Termination
    1. Termination by us. We may terminate these Terms and/or your Subscription in whole or in part immediately by written notice to you if: (a) you are in breach of any provision under these Terms; (b) if any of your Platform Users is in breach of the terms and conditions that apply to their access to and use of the Platform; or (c) you, or your organisation, becomes subject to any form of insolvency or bankruptcy administration.
    2. Consequences of termination. With effect on and from the effective date of termination, regardless of the basis on which these Terms have been terminated, your Subscription and your rights to access the Platform, and your rights to access, use and download the Platform Materials, are terminated with immediate effect. Upon termination for any reason, all Subscription Fees may be retained by us.
    3. Survival. The following provisions shall survive the termination or expiry of these Terms and shall apply indefinitely: (a) clause 8 (Intellectual Property), 9 (User Data), 10 (Privacy), 11 (Disclaimer), 12 (Limitations of liability), 17(Assignment) and clause 14.2 (Consequences of Termination) and clause 14.3 (Survival).
  5. Jurisdiction. The Website, the Platform and the Platform Material are intended only for Australian residents. These Terms are governed by the law applying in the State of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of the State of New South Wales and the division of the Federal Court of Australia in that jurisdiction, and the courts of appeal from them. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
  6. Modification to these Terms. We reserve the right to amend, update, modify or replace these Terms from time to time. Any such change to these Terms will not apply retroactively, and any changes made to the Terms will take effect proactively on the date we make the changed Terms available on the Website and/or the Platform. You acknowledge and agree that you are responsible for reviewing these Terms from time to time to ensure that you are familiar with, have read and understood the current version of the Terms.
  7. Assignment. These Terms shall not be assignable by you, either in whole or in part. We rserve the right to assign our rights and obligations under these Terms without notice to you.
  8. Waiver. No party to these Terms may rely on the words or conduct of the other party as a waiver of any right unless the waiver is in writing and is signed by the party granting the waiver.
  9. Severance. Any provision in these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
  10. Entire agreement. These Terms set out the entire agreement between you and us in relation to its subject matter and supersede all prior negotiations, conduct, arrangement, understanding or agreement (express or implied) in relation to the subject matter of this agreement.
  11. Contact us. If you have any questions regarding these Terms, the practices of the Website and the Platform, or your dealings with us, please contact us at: [email protected] or 52 Parramatta Rd, Forest Lodge, NSW 2037

Copyright and Legal Notice. Copyright © 2021 myBIG Australia Pty Ltd. All rights reserved.