Bounce Mentoring Pty Ltd (ACN 616 935 393) trading as Bouncement (we, us or our) is the operator of the website www.bouncement.com and any associated mobile websites, apps, tools and other products and services (Website).
- In these General Terms and Conditions, unless the context otherwise requires:
Account means the account you open when you register to use the Website.
Intellectual Property Rights means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (1) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (2) any application or right to apply for registration of any of the rights referred to in paragraph (1), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
Profile means your profile as completed by you for using the Website.
- Headings are for reference purposes only and in no way, define, limit, construe or describe the scope or extent of such section.
2. Using the Website
- Each time you access the Website, you represent and warrant that you will comply with our Code of Conduct and shall not:
- post content or items in inappropriate categories or areas on our websites and services;
- post false, inaccurate, misleading, obscene, defamatory or offensive content;
- post incomplete, false or inaccurate information about yourself or any other individual or entity;
- post content containing the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons, or containing material linked to terrorist activities;
- infringe any laws, regulations, third party rights or our policies, such as the Code of Conduct;
- infringe upon or misappropriate any Intellectual Property Right or proprietary right or right of publicity or privacy of any person;
- circumvent or manipulate our fee structure, the billing process, or and fees owed to us;
- take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
- transfer your Account including associated username to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information from us, the Website or any other users (including relating to their Intellectual Property Rights, privacy and publicity rights)
- download and aggregate listings from our sites for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the sites into any other website without our prior written authorisation;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
- copy, sell, re-sell, distribute, exploit or modify any content or aspect of our Website (other than your own content) without our express written consent. These General Terms and Conditions do not grant you any rights (including Intellectual Property Rights) in our material, trademarks, logos, business names, domain names or other distinctive brand features; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
- You must create and register a user account with us before you can access certain features of our Website. You agree to provide true, accurate and complete information in the registration form (including a valid email address) and you repeat the representations and warranties in clause 2.
- If you are registered as a private individual, you must only have one account and one Profile in your real name. If you are registered as an organisation, multiple users may manage and operate one or more Profile on behalf of the organisation.
- Each user acknowledges and agrees to promptly update their Profile and details if they change and to comply with these General Terms and Conditions at all times. We reserve the right to decline an application or to cancel an existing account at any time.
- We may display your company or business name, logo, images or other media, and public description of your company, as applicable, on our Website and/or other marketing materials relating to the our Website, except where you have explicitly requested that we do not do this and we have agreed to such request.
- Logos and trademarks that are owned by third parties and used on our Website are used with permission and remain the intellectual property of those third parties.
- When you provide us with images or content or post a Profile on our Website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to use, copy, modify, adapt, translate, publish, prepare derivative works and distribute world-wide that content through our Website or in any media known now or developed in the future. This may include developing your ideas and suggestions for improving our Website or other services.
- You acknowledge and agree that: (1) we only act as a portal for the online distribution and publication of user content. We make no warranty that user content is actually made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your user content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify user content at our sole discretion.
- You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Australia. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and may close your Account.
- We provide unmonitored access to third party content, including user feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
- The Website may contain links to other third party websites for your convenience and for information purposes only. We do not control the websites to which we link from the Website or the content, products or services of third party sites (including, without limitation, relating to social networking sites such as Facebook, Twitter or Google+). Use of third party content, links to third party content and/or websites is at your risk. We accept no responsibility for any loss or damage that may arise from your access or use of any third party website.
- If the owner of copyright, trademark rights or other Intellectual Property Rights reasonably believes that a Profile or any posting on our Website infringes their intellectual property rights they may submit a written notice and we will investigate. If a legal representative of the entitled party files a valid written report in relation to a Profile posting that infringes a user’s Intellectual Property Rights we will remove that Profile.
6. Feedback, Reputation and Reviews
- You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a user. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
- You may not do (or omit to do) anything that may undermine the integrity of the Website. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
- All feedback ratings belong to us and may not be used by you without our permission.
- Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website.
- We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements/promotions on the Website or your subsequent dealings with such advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or promotions is protected by proprietary rights, Intellectual Property Rights and laws. Unless expressly authorised by is or third party right holders, you agree not to modify, supply, distribute, appropriate or create derivative works based on such advertisement/promotions.
- You expressly agree for us to display advertisements on different locations on our Website, including on your Profile.
8. Communication between Users
- We do not review any user postings and are not involved in the actual communication between users. All communication takes place directly between them and are their sole responsibility and are independent of our Website. We have no control over and we do not guarantee the accuracy, quality, safety, or legality of Profiles or any other material posted on our Website and cannot be held responsible for them.
- You must not post your email address or other contact information on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.
- Unless you have a prior relationship with a user, you must only communicate with users via the Website, unless we provide a user’s contact information through a feature or function available through the Website.
9. Right to Review
- Without prejudice to clause 8 above, we may at our sole discretion monitor all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for operational (including security) purposes, the purpose of investigating fraud and for risk management and related purposes.
10. Identity / Know Your Customer
- You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; and (3) verify your information against third party databases or through other sources.
11. Inactive Accounts
- Accounts that have not been logged into for a continuous period greater than six months may be deemed inactive and we expressly reserve the right to close any such inactive Account without notice.
12. Right to Refuse Service
- We may close, suspend or limit your access to your Account and Profile at our absolute discretion. Without limiting the foregoing, we may close, suspend or limit your access to your Account and Profile:
- if you breach, or we suspect that you may breach, these General Terms and Conditions;
- you post a Profile that is unsuitable, which is reported to us as inappropriate’ or which we otherwise believe breaches these General Terms and Conditions;
- if we determine that you access or use the Website (or attempt to) in fraudulent, prohibited or unlawful manner;
- you register a user account (or attempt to) in a fraudulent, prohibited or unlawful manner or we are unable to verify your information;
- you do not respond to account verification requests;
- we reasonably consider such action necessary to comply with any law or to protect us, our Website, our personnel and other users; or
- for other similar reasons.
- Without limiting our other remedies, to the extent you have breached these General Terms and Conditions, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
- If we limit, suspend or terminate your Account:
- you may be prevented from posting a Profile, engaging with another user’s profile and/or from accessing all or part of our Website, your Account details or other content contained in your Account;
- we may temporarily or permanently remove or delete any of your content or Profile postings on our Website;
- we may take any technical and legal steps we believe are necessary to protect us, our Website, our personnel and other users; and
- we will not be liable for any loss or damage suffered by you or any third party.
- We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone we or they believe is in breach of these General Terms and Conditions or any applicable law.
- Our rights to limit, suspend or terminate your Account does not limit any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
13. Disputes with other Users
- You acknowledge and agree that in the event that a dispute arises between you and another user you will be responsible for resolving any differences that you have.
- In relation to disputes with any other users of the Website, you hereby agree to indemnify is from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.
- If you have a dispute with one or more users, you release us (and our officers, directors, employees, agents, advisors subsidiaries, joint venturers, related entities and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
14. Disputes with Us
- If a dispute arises between you and us, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at firstname.lastname@example.org
15. Our Liability & Limitation of Liability
- Our Website is provided on an ‘‘as is’, ‘with all faults’ and ‘as available’ basis and your use of our Website is at your sole risk. We do not guarantee that your access to or use of our Website will be continuous or fault free or that the information obtained from our Website will be accurate or reliable.
- The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidently by us or accidentally or purposefully by a third party.
- Any material accessed or downloaded using our Website is at your own risk. You will not hold us responsible for any damage to your computer hardware or system or for any loss of data that results from accessing or downloading any material using our Website or from accessing our Website.
- We accept no liability in relation to any unlawful, threatening, abusive, defamatory, obscene or indecent information or material of any kind posted or published on our Website.
- To the extent permitted by law:
- we do not provide any guarantee or warranties or make any representation of any kind, whether express or implied, in relation to your use of our Website or the profiles posted on our Website or in relation to title, merchantability, fitness for a purpose, quality, suitability and non-infringement; and
- we, and our directors, officers, employees, agents, advisors, related entities and affiliates are not liable to you or a third party for any loss or damage, including, but not limited to, direct loss, indirect loss, consequential loss, loss of profits, loss of goodwill, loss of reputation, loss of revenue, loss of opportunity, loss of anticipated savings and loss of data, arising under or about:
- any Profile,
- a statement, conduct, act or omission (whether negligent or not) of any users;
- access or use of our Website or a failure, delay or inability to use any component of our Website;
- any interference with or damage to computer hardware or systems that occurs about access or use of our Website; or
- any unauthorised access to or alteration of your Account information.
- Without limiting the foregoing, we make no representation or warranty about:
- the Website;
- the accuracy, reliability, availability, veracity, timeliness or content of the Website;
- whether the Website will be up-to-date, uninterrupted, secure, error-free or non-misleading;
- whether defects in the Website will be corrected;
- whether the Website or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website;
- any third party agreements or any guarantee of business gained by you through the Website or us; or
- the Website or infrastructure on which it is based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
- If we are found to be liable, you agree that our total aggregate liability to you or any third party (whether in contract, tort (including negligence), strict liability in tort, under statute or otherwise) is limited to AU$5,000.
16. Access and Interference
- You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
- Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Website without the prior express written permission of us and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Website or any activities conducted on or with the Website; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
17. Closing Your Account
- You may close your Account at any time by emailing us at email@example.com subject to:
- resolving any outstanding matters (such as a suspension or restriction on your Account); and
- paying any outstanding commissions, fees or charges owed to us.
- If you object to your information being transferred or used in this way then you may not use the Website.
- You will indemnify us (and our officers, directors, employees, agents, advisor’s subsidiaries, joint venturers, related entities and affiliates) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these General Terms and Conditions, or your infringement of any law or the rights of a third party in the course of using the Website.
- You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website or your Account and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities).
- You are solely responsible for maintaining the security your Account (including username, password and other confidential information). You must not share your account details with anyone and must notify us immediately upon becoming aware of any unauthorised use of their account. Users are responsible for all consequences resulting from use of their account, whether authorised or not.
21. No Warranty as to Each User’s Purported Identity
- Because user identification on the internet is difficult, we cannot and do not confirm each user’s purported identity. We may provide information about a user, such as endorsements and ratings, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the user submits and we provide such information solely at our discretion and the provision of such information is not an introduction, endorsement or recommendation by us.
22. Notices & Communications
- You consent to receive legal notices and information from us in respect of the Website by electronic communication.
- Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Our email address for the purposes of notices is firstname.lastname@example.org and in your case, we will use the email address you have provided during registration.
- Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
- Any notices to us by post, must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail).
23. Law and Forum for Legal Disputes
- These General Terms and Conditions will be governed in all respects by the laws of New South Wales, Australia. If a dispute cannot be resolved through consultation between you and us then each of you and us irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
- The provisions of these General Terms and Conditions are severable, and if any provision of these General Terms and Conditions is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. These General Terms and Conditions may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by these General Terms and Conditions.
25. No Waiver
- Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
26. Additional Terms
- It is important to read and understand all of our policies as they apply to the Website. It is your responsibility to check our Website to ensure compliance with our policies. Our policies, including all policies referenced in them, are part of these General Terms and Conditions and provide additional terms and conditions related to specific services offered on our websites, including but not limited to:
- Code of Conduct.
- Our policies may be changed by us from time to time and such changes will take effect when we post them on the Website. All such policies or rules are incorporated into these General Terms and Conditions.
- If you have any questions about these General Terms and Conditions, or if you wish to report breaches, please contact us by emailing us at email@example.com