Last updated: 5 November 2021
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE PLATFORM OR WEBSITE AND THE CONTENT MADE AVAILABLE VIA THE PLATFORM OR THIS WEBSITE. BY ACCESSING THE PLATFORM OR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS THE PLATFORM, THE WEBSITE OR ITS CONTENT.
- Your Agreement. These Terms govern: (a) your access to and use of the Platform and the Website; and (ii) except as set out below, your access to and use of information, documents and other materials obtained through the Website (including any and all information, software, artwork, text, video, audio, pictures and other content owned by us and by our licensors and made available to you through the Platform or the Website) (Platform Material). By accessing the Platform or Website, you acknowledge that you have read and understood these Terms and agree to be legally bound by them. Where you access the Platform or Website on behalf of your organisation: (a) you represent and warrant that you are authorised to agree to these Terms on behalf of your organisation and to legally bind your organisation to these Terms; (b) your organisation must ensure that all officers, employees, agents and contractors of your organisation who access and/or use the Platform or Website also comply with these Terms.
- Subscription to Platform. To obtain access to the Platform and the Platform Material, you also agree to be bound by the Online Subscription Terms and Conditions.
- Lawful use. You must only access and use the Platform, the Website and the Platform Materials in accordance with all applicable laws. You must use the Platform, the Website and Platform Materials for lawful purposes only and ensure that Your access to, or use of, the Platform, Website and Platform Materials is not illegal or prohibited by law. It is Your sole responsibility to comply with all applicable laws in relation to your use of the Platform Materials.
- Grant of Rights. Subject to your compliance with these Terms, we grant to you the right to access our Website, the Platform and the Platform Material, and to download certain Platform Material that is made available by us for download, solely for your own or your organisation’s internal use and information purposes. Except as expressly permitted under these Terms (or as reasonably contemplated by the normal use of the Website, the Platform or the Platform Material)or expressly as authorised under applicable law, you must not misuse the Website, 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 Website, 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 Website, the Platform or the Platform Material; (iii) reverse engineer, reverse compile or otherwise access the Website, 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.
- The Platform and the Website. From time to time at our sole and absolute discretion, we may implement upgrades to the Website and/or the Platform through 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. We may change or remove a feature of the Website or the Platform at any time without notice or liability to you.
- Your obligations. In accessing and using the Website and accessing and/or downloading the Platform Material, you must not: (a) use the Website, Platform or the Platform Material for any purpose other than as granted by these Terms; (b) use the Website, Platform or Platform Material in a manner that is illegal or fraudulent or facilitates any illegal or fraudulent activity; (c) use the Website, Platform or Platform Material in a manner that may interfere with, disrupt or create undue or unreasonable burden on the Website or on the servers and networks that host the Website, Platform and the Platform Material; (e) access or use the Website, Platform or Platform Material with the assistance of any automated scripting tool or software other than as provided by us; (f) act in a manner that may diminish or adversely impact our reputation (including by linking to the Website on any other website); (g) post or otherwise transmit any images or content that is unlawful, obscene, harmful, hateful, invades the privacy of a third party, contains nudity or pornography or is otherwise objectionable; (h) post or otherwise transmit materials that impact or invade the privacy of a third party without that party’s consent; (i) post or otherwise transmit material that is intentionally false, defamatory, unlawfully threatening or harassing; (j) post or otherwise transmit material that infringes any third party’s intellectual property rights or other proprietary rights; (k) post or otherwise transmit materials that contains any malicious software or other programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (l) use the Website or the Platform to artificially generate traffic or page links to a website or for any other purpose not expressly permitted under these Terms; (m) attempt to penetrate or to breach the security of the Website or the Platform, or to otherwise interfere with the normal functions and performance of the Website or the Platform; or (n) attempt to, or procure, permit or assist any other person to, do any of the foregoing.
- The Platform Material. You acknowledge and agree that: (a) the Platform Material is subject to change at any time without notice to you; (b) we do not agree that any specific Platform Material will be available or continue to be available and we reserve the right to change or remove any existing Platform Material at any time; (c) the Platform Material may include any materials the rights in which are owned by third party licensors and which are made available by us on the Website under licence by the third party to us; (d) whilst we take 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 represent or warrant that the Platform Material is accurate, up-to-date and complete, or that the Platform Material is suitable for your intended use; (e) the Platform Materials are provided for general information only and are not intended to, and do not, constitute professional advice; (f) 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; (g) we are not liable to you for any loss, damage or liability (of any kind) for any errors or omissions in the Platform Material; (h) we are not liable 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; and (i) we expressly reserve all rights (including Intellectual Property Rights) owned or licensed by us in the Platform Material, subject only to the limited licence to access and to use the Platform Material in accordance with clause 4 of these Terms.
- Your data. 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 to otherwise exploit all data and material relating to you and your organisation through your access to and use of the Website and the Platform (User Data), including for the purpose of providing the Website, the Platform and the Platform Material to you and to other users. You retain ownership of your User Data. We will take reasonable measures to protect your User Data from any misuse, interference and loss, as well as from unauthorised access, modification or disclosure. 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 of these Terms. 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.
- Links to third party sites. The Website and/or the Platform Material may contain links or produce search results that reference links to third party websites (Linked Sites). We have no control over these Linked Sites or their content and we do not assume responsibility or liability for any content, opinions or materials available on any Linked Site. A reference to a Linked Site should not be construed as myBIG’s endorsement of the Linked Site or the operator or owner of the Linked Site or their products or services. We do not warrant that a Linked Site is free from harmful or malicious code. By accessing or using the Linked Sites, you agree and understand that such access and use is at your own entire risk. To the maximum extent permitted by law, we are not liable to you and we assume no responsibility to you for any loss or damage which you incur or claim as a result of your visit to or reliance on the content of a Linked Site.
- Intellectual Property. 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 Website, the Platform and the Platform Material. Nothing in these Terms should be construed as conferring on you any right to the Website, the Platform or the Platform Material except as expressly set out in these Terms. “myBIG” and all product names appearing on this Website and the Platform are the trade marks of myBIG or, where indicated, its 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 uurs; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages us, the Platform, the Platform Material or the Website.
- Monitoring; revocation or suspension of use privileges. We reserve the right to (a) monitor your use of the Website, the Platform and Platform Material; and (b) suspend or terminate your use of some or all of the Website, the Platform and Platform Material if you engage in activities that we are reasonably of the opinion do not comply with your obligations in clause 6 of these Terms. Although we do not assume any obligation to monitor all such activities, you acknowledge that we reserve the right to use technology designed to detect and to block inappropriate content. We reserve the right to request edits to any material posted or otherwise transmitted by you, to refuse to post or to remove any information or materials (in whole or in part) that we are reasonably of the opinion do not comply with your obligations in clause 6 of these Terms. To the maximum extent permitted by law, we are not liable or responsible to you for any loss or damage which you incur or claim as a result of our exercise of rights under this clause.
- Disclaimers. To the maximum extent permitted by law, we do not represent or warrant to you that the Website, 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 Website, the Platform or the Platform Material. We provide the Website, the Platform and the Platform Material to you on an “as is” and “as available” basis. When you access the Website, 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 Website, the Platform and the Platform Material are accurate, complete and suitable for Your intended use. The Website, the Platform and the Platform Material are provided for general information only and are not intended to, and do not, constitute professional advice. 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 Website, the Platform or Platform Material. Although we use our reasonable endeavours to ensure that the Website, the Platform and the Platform Material are free from viruses and other harmful code, we do not represent or warrant to you that any material that you access and/or download from the Website 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.
- 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 Website, 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.
- Jurisdiction. The Website, the Platform and 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.
- 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 you access the Website for the first time after the changes to the Terms have been made. 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.
- Assignment. These Terms shall not be assignable by you, either in whole or in part. We reserve the right to assign our rights and obligations under these Terms without notice to you.
- 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.
- Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely: (a) clause 10(Intellectual Property), 12 (Disclaimers), 13 (Limitations of liability), 17 (Assignment) and this clause 19 (Survival).
- Contact us. If you have any questions regarding these Terms, this Website, the Platform or your dealings with us, please contact us at: en[email protected] or 52 Parramatta Rd, Forest Lodge, NSW 2037
- Copyright and Legal Notice. Copyright © 2021 myBIG Australia Pty Ltd. All rights reserved.