Introduction

These terms and conditions govern your use of the BIYP App and the BIYP Kiosk App (together the BIYP App)

(BIYP App) which you are being granted the right to use.

The BIYP App is provided by Business in Your Pocket Pty Ltd (ABN: 31 159 186 802) (we, us and our).

Use of BIYP App

In order to use the BIYP App, you must become a registered user by completing the sign-up form in the BIYP App. By doing so you agree to comply with these terms and conditions.

Your Responsibilities

You promise us that your registration details are true, accurate and complete when you submit them and that you will keep them up to date.

You are solely responsible for maintaining the security of your account and any use of BIYP App that occurs in conjunction with your username and password.

You must comply with any acceptable use or other policy published by us on the BIYP App.

You must not:

• attempt to gain unauthorised access to content through the BIYP App;
• use a false email address, impersonate others or misrepresent your affiliation with others;
• share your BIYP App login details with any other person or use the login details of any other person to access BIYP App;
• interrupt or attempt to negatively impact or alter the operation of the BIYP App in any way;
• use the BIYP App or any of the materials made available through the BIYP App in a way that violates applicable laws, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory; or
• modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re­sell any information, content, software, or materials obtained from or made available through BIYP App, other than in accordance with these terms and conditions.

Our Responsibilities

We are responsible for ensuring that BIYP App is suitable for the purposes for which it is made available to you.

We will, to the best of our ability, ensure the BIYP App is available for access at all times but are not responsible if you are not able to access the BIYP App as a result of (i) us undertaking preventative or remedial maintenance or (ii) as a result of any circumstances beyond our control.

Hyperlinks

BIYP App may from time to time contain links to other websites. These are provided for convenience only. We take no responsibility for the content and maintenance of, or privacy compliance by, any linked site. Any link to another site does not imply our endorsement, support, or sponsorship of the operator of that site nor of the information and/or products which they provide.

Intellectual Property

The copyright to all materials on the BIYP App belongs to us or third party licensors.

From time to time materials may be subject to specific usage rights and restrictions. We will notify you of any such rights and restrictions when you access the materials. Of course, you must only use the materials in accordance with those rights and subject to those restrictions.

Privacy

When you become a registered user of BIYP App you will be asked to provide some personal information.

Our Privacy Policy biyp.com/privacy-policy explains how we collect, store and handle your personal information that you provide to us or of which we become aware.

Monitoring Usage

We reserve the right to monitor your use of BIYP App for the purpose of ensuring that BIYP App is functioning as we intended and that you are complying with these terms and conditions.

Disclaimers

Whilst we take all due care in providing BIYP App, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the laws of New South Wales Australia.

Whilst we use our best endeavours to identify and verify the correct source of materials made available through the BIYP App of which we are not the author, we disclaim any responsibility with regard thereto.

Any materials made available through the BIYP App of which we are not the author is provided on an ‘as is basis’. We are not responsible for verifying the originality of any such material nor your use of any such material.

We take all due care in ensuring that BIYP App is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the BIYP App or any linked site.

To the extent permitted by the laws of New South Wales Australia, any guarantees, conditions or warranties which would otherwise be implied into these terms and conditions are excluded.

Limitation of Liability

To the full extent permitted by the law of Australia, our liability for our breach of any guarantee, condition or warranty is limited to the supply of BIYP App again or payment of the costs of having BIYP App supplied again.

We accept no liability for any loss caused in whole, or in part, by your misuse, abuse or improper use of the BIYP App.

We accept no liability for any loss of business opportunities, loss of profit, loss of business information, loss of reputation or goodwill or any other business interruption suffered by you as a result of your use of the BIYP App.

We do not accept liability for anything contained in a post you make on the BIYP App or in any form of communication which originates with you and not with us.

Feedback

If you wish to make any comments (good or bad) about the BIYP App or your experience as a user of the BIYP App please do so by submitting a by sending an email to support@biyp.com.au.

Changes to these Terms and Conditions

We reserve the right to change these terms and conditions at any time. If you use BIYP App following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed.

We will take reasonable steps to let you know about any changes but you should also keep track of whether changes have been made to this policy by referring to the date of publication at the end of this page.

Termination

Your right to use BIYP App will continue until it is terminated by us or you close your account with us.

We reserve the right to suspend or terminate your right to use the BIYP App if, at any time, you breach these terms and conditions.

Notices

Any notice we send to you will be emailed to the email address linked to your registration with BIYP App.

General

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales Australia.

 

Last Updated: December 10, 2017

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