Terms & CondItions

WEBSITE TERMS OF SALE, USE AND PRIVACY POLICY

TERMS OF USE  |  Last updated April 2018.

These terms of use (Terms) govern your use of the Beyond Billables website located at www.beyondbillables.com (Website) and our supply of services through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, Beyond Billables Pty Ltd ACN 624164898 (Beyond Billables, our, we or us).

We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

The remainder of these Terms are divided into two parts:

  • Part 1 (General), which sets out terms that apply to all users of the Website; and
  • Part 2 (Accounts and Supply), which sets out further terms that apply to users of the Website who register for an account and/or offer to purchase services through the Website (Services).


GENERAL

ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

YOUR OBLIGATIONS

You must not:

  • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Beyond Billables;
  • use the Website for any purpose other than the purposes of browsing, selecting or purchasing the Services;
  • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  • use the Website with the assistance of any automated scripting tool or software;
  • act in a way that may diminish or adversely impact the reputation of Beyond Billables, including by linking to the Website on any other website; and
  • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
  • gaining unauthorised access to Website accounts or data;
  • scanning, probing or testing the Website for security vulnerabilities;
  • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
  • instigating or participating in a denial-of-service attack against the Website.

INFORMATION

ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

  • the Website will be free from errors or defects;
  • the Website will be accessible at all times;
  • messages sent through the Website will be delivered promptly, or delivered at all;
  • information you receive or supply through the Website will be secure or confidential; or
  • any information provided through the Website is accurate or true.

WE RESERVE THE RIGHT TO CHANGE ANY INFORMATION OR FUNCTIONALITY ON THE WEBSITE BY UPDATING THE WEBSITE AT ANY TIME WITHOUT NOTICE, INCLUDING PRODUCT DESCRIPTIONS, PRICES AND OTHER WEBSITE CONTENT (DEFINED IN CLAUSE 1.4).


INTELLECTUAL

PROPERTY

Beyond Billables retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software, and including all of the foregoing that form part of materials provided as part of the Services) (Website Content) and reserves all rights in any intellectual property rights, including copyright, trade marks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights), owned or licensed by Beyond Billables not expressly granted to you. You may make a temporary electronic copy of all or part of the Website or Website Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Beyond Billables or as permitted by law.

LINKS TO OTHER

WEBSITES

The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website

SECURITY

Beyond Billables does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

REPORTING

MISUSE

If you become aware of misuse of the Website by any person, any errors on the Website or in Website Content or any difficulty in accessing or using the Website, please contact us immediately by email on michael@beyondbillables.com


LIABILITY

(Limitation of liability) To the maximum extent permitted by applicable law, Beyond Billables excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these Terms or any goods or services provided by Beyond Billables. This includes the transmission of any computer virus.

All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Beyond Billables’ liability for breach of that non-excludable condition, warranty or guarantee will, at Beyond Billables’ option, be limited to:

  • in the case of goods, their replacement or the supply or equivalent goods or their repair; and
  • in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
  • (Indemnity) You agree to indemnify Beyond Billables and its employees and agents in respect of all liability for loss, damage or injury that may be suffered by any person arising from, or in connection with, you or your representatives’ use of the Website or the Services, or breach of these Terms.
  • (Consequential loss) Under no circumstances will Beyond Billables be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Website, the Services, these Terms or their subject matter.


CONFIDENTIALITY

We respect your confidentiality and we acknowledge that information you provide to us or upload to the Website may be confidential to you.

Similarly, as part of your use of the Website or purchase of Services, you may obtain information about us that is confidential or sensitive, including product roadmaps, designs and technical information about internal systems and processes and Services. You agree that any such information we provide to you is our confidential information.

We both agree that Beyond Billables and you must:

  • treat each other’s confidential information with the same degree of care and protection that we treat our own;
  • use each other’s confidential information only in connection with these Terms and, if applicable, the purchase of Services; and
  • only share the confidential information with others who have a need to know (including our employees, agents and service providers as reasonably required for us to provide the Services or in connection with these Terms).

However, despite the above, you agree that the following information is not confidential:

  • information already known at the time you or we were told about it, other than as a result of a breach of confidentiality;
  • information told received from a third party who had the information other than as a result of a breach of confidentiality;
  • information that is generally available to the public; and
  • Information that was independently developed by you or us without directly using the confidential information.