Terms of Service

Last updated: August 29, 2022

Your use of the Website is deemed to be your acceptance of these Terms of Service. Please read them carefully.

These Terms of Service apply to any use of and access to the Services by You, the User and Your Bilby Partner. By accessing or using the Services, you are indicating that you have read this Agreement and agree to be bound by its terms. If you do not agree with all of the terms of this Agreement, you may not access or use any Services.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms or Service:

Account means a unique account created for You to access our Service or parts of our Service.
Agreement means acceptance of these Terms and the Privacy Policy.
Country refers to: Australia.
Bilby referred to as either “We”, “Us” or “Our” in this Agreement refers to the business trading under the name BILBY MANAGEMENT SOFTWARE.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, and other Users.
Designated Domain means the subdomain under mybilby.com that has been assigned specifically to a Partner and through which You and any Users can access the Service.
Partner (also referred to as a Bilby Partner) refers to the club, organisation or association that has purchased a licence to use the Service.
Partner Account refers to a User or Account holder with elevated privileges responsible for a Partner Site.
Partner Site refers to a portal that provides access to Content belonging to a specific Partner.
Service refers to the online club management software solution made available to you by Bilby through the Website, your Designated Domain, and any other applications we may provide from time to time.
Terms of Service (also referred as “Terms”) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
User refers to You and your Account belonging to a Partner.
Website refers to the Service also known as “Bilby”, accessible from https://mybilby.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

Agreement: These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Terms of Service: Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and apply to all visitors, users and others who access or use the Service.
Privacy Policy: Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Age eligibility: You represent that you are over the age of 18. We do not permit those under 18 to use the Service.

1. Overview of Service

Bilby overview: The Bilby Website is an online booking, activity and member management Service designed specifically for Partners. You can access our Service via a Partner Designated Domain on the Website. When a Partner signs up for the Service, Bilby grants the right to access and use the Service via a Designated Domain. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

1.1 Service Disclaimers

Unscheduled downtime: We cannot guarantee that the Service (or parts thereof) will be available at all times. It may be unavailable for maintenance, reasons related to our infrastructure providers, or other events outside of our control.
Scheduled maintenance: We may provide updates to, or new versions of, the Service (or any part of it) and reserve the right to take down applicable servers hosting the Website or Service to conduct scheduled maintenance, or any other urgent maintenance. We will use commercially reasonable efforts to provide prior notification to you if we need to take the Service down for maintenance.
Domain name ownership: We own and control your Partner Designated Domain and may change it if the situation warrants it. If we intend to change your Partner Designated Domain, we will give you advance notice via email.

1.2 Partners Responsibilities

User access: A Partner is responsible for; Determining who is a User and what level of access they have to the Service; Users’ compliance with this Agreement; Revoking User access, or level of access at any time and for any reason; Responding to disputes between the Partner and a User regarding the Service.
Control of content: The Bilby Website acts as a data processor for a Partner. Partner Account holders are responsible for all Content on the Partner Website. Partners are expected to moderate all User contributed Content, and ensure Content follows the Acceptable Use Policy guides in these Terms.
Links to other websites: Our Service may contain links to third-party web sites or services that are not owned or controlled by Bilby. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. We are not responsible for content on other sites or services and We strongly advise You to read the terms of service and privacy policies of any third-party web sites or services that You visit.

2. Acceptable Use Policy

2.1 Your Obligations

Use of Services: You must use the Service for Your own lawful purposes in accordance with this Agreement and all applicable laws (including any applicable privacy legislation in connection with the Content).
Safety for others: You may not use the Services to commit an unlawful activity; use the Services for activities where use or failure of the Services could lead to physical damage, death, mental harm, or personal injury.
No minor access: You may not provide any individual under the age of 13 (or under a higher age as provided in certain countries or territories) with access to the Services.
Digital safety: You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
Content ownership: You may not use the Services to infringe the intellectual property rights of others.
Industry standards: If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance.
Human Users: You must use a valid email address to register an account. You may not register accounts using a disposable or temporary email address, “bots,” or other unauthorised automated methods.
Disinformation: You may not host or transmit content that is or contains false, inaccurate, or intentionally deceptive information that is likely to cause harm to the public or adversely affect the public interest (including health, safety).
Our brand: If We determine, in Our sole discretion, that your usage of the Services causes damage to Our brand or reputation, or results in an excessive volume of complaints, We have the right to suspend or terminate your use of our Websites and the Services.
Email spam: You are responsible for ensuring that the notification messages you send in connection with your activities or any use of our Services do not generate a number of spam complaints or bounce rates in excess of industry standards. If We determine that your level of spam complaints or bounce rate is higher than industry standards, We, at Our sole discretion, have the right to suspend or terminate your use of our Services and Website.
Email spam cont: If you receive low response rates, high abuse rates or high bounce rates, or we receive complaints associated with your use of our Services, we may request additional information regarding your Users to investigate and attempt to resolve the problem, or in some cases we may suspend or remove your email privileges.

2.2 Harassment, Violence and Graphic Material

Community safety: Our Services may not be used to directly or indirectly threaten or attack others, or to organise or incite violence, harassment, terrorism, or property damage.
Individual safety: You may not use our Services to bully or harass others, in furtherance of any criminal activity, or in violation of any applicable law.
Inclusivity and diversity: Our Services may not be used for hate speech, or to promote or fund such acts. Examples of hate speech include attacking or advocating for the abuse or exclusion of people based on their ethnicity, national origin, political or religious affiliations, gender, age, sexual orientation, genetic predisposition, disability, medical or physical condition, veteran status, or any other protected classes under applicable law.
Graphic material: You may not include graphic violent material or pornography in connection with the use of our Services. We strictly prohibit and report to law enforcement any display of sexual or pornographic content (including in cartoon form) involving minors.

2.3 User Content Disclaimer

Content removal: We are under no obligation to moderate or control User Content that You or other Users create and will not be in any way responsible or liable for User Content. Bilby may, however, remove, edit, or block any User Content that in our sole judgement violates these Terms.
Partner moderation: If We are notified to investigate User Content that allegedly does not conform to these Terms, we may investigate the allegation and determine in Our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
Spot checking Content: Bilby does not control and does not have any obligation to monitor User Content or the use of the Service by its Users. However, You acknowledge and agree that Bilby reserves the right to, and may from time to time, perform spot checks or monitor any and all information transmitted or received through the Service for operational and other purposes.

3. Financial Obligations

3.1 Payment Terms

Payment frequency: An invoice for the Service Fee will be issued at the start of each billing period. The first invoice will be issued on the Start Date. All invoices will include the Service Fee for the following period of use. Bilby will continue invoicing you until this Agreement is terminated in accordance with clause 5.
Payment method: All Our invoices will be sent by email, either to the Partner Account holder, or to a Billing contact whose details are provided by the Partner Account holder. Payments are to be made via Bank Transfer to the bank account provided on the invoice, in the currency as specified.
Payment due date: Payments that are not collected automatically are due by the due date specified on the invoice. You must pay or arrange payment of all amounts specified in any invoice by the due date as specified on the invoice, unless a different payment date is agreed upon in writing with us.
Refund policy: There will be no refunds or credits for partial periods or for time unused for Partner Accounts.

3.2 Payment Integration

Payment providers: We provide the ability to pay for financial transactions online through the Service using integrations with third party payment providers included in our Privacy Policy. We may change our payment providers at our discretion. Payment collections from Users are processed by the payment providers directly. Payments are not processed through Bilby’s bank accounts, nor do we store or process credit/debit card numbers directly.
Processing fees: Payment Processing Fees for handling online payments from Users may apply to some payment integrations. These fees can either be sponsored by a Partner, in which case there will be no Payment Processing Fees charged by Us. A Partner is free to decide which method to use and can switch between methods at any time by contacting us in writing.

4. Support Services

Technical support: Unforeseen issues with the Service can and will occur. In the case of technical issues, Users are expected to make a reasonable effort to investigate and diagnose problems before contacting Us by reviewing the help documentation found at https://wiki.mybilby.com. Technical issues must have supporting information such as screenshots and steps to replicate an issue before they can reasonably be investigated.
Limited support: We will only provide technical support directly to Partner Account holders. It is a Partners responsibility to provide support to Users in case of technical problems or any queries related to the usage of the Service that they may have. Partners will make reasonable efforts to resolve support issues from Users before escalating them to Us.
Additional support: Any additional support which You may request from Us and which is not related to technical problems arising due to Service errors in the Service or queries regarding the use of the Service, including any requests related to Content on the Service such as backups or a request to implement a custom feature in the Service, may incur extra charges. Whenever this is the case, we will advise you of the hourly rate or fixed fee prior to providing such support.

5. Termination of Services

Termination for cause: We may immediately by notice in writing to You, terminate this Agreement where: You fail to comply with any term of this Agreement, including failure to pay any applicable fees or charges; required by law; or We consider it necessary or desirable to do so to protect Our interests or the interests of anyone else.
Termination by convenience: Either party may terminate this Agreement by giving the other at least 30 days written notice subject to the Payment Terms (Clause 3) refund policy. For a period of no more than 30 days following a notice of termination, Bilby will make a Partners Content available to a Partner Account holder using a neutral Third-party service such as Google Drive, Dropbox or similar. Access must be granted to Bilby of a storage service and will be provided by the Partner.
Account termination: Upon termination of these Terms, You agree: to immediately cease use of the Service and any Content under your control; to pay all relevant fees up to the date of termination.
Trial periods: Where a trial period applies, you will not be able to keep using the Service at the end of that Trial Period, unless you then go on to subscribe for the Service on a paid basis. No Content will be stored after completion of the trial period unless you then go on to a paid subscription. Services provided during the Trial Period are supplied on an “as is – where is” basis.
Surviving Terms: You agree that the relevant warranty, indemnity and liability provisions set out in these Terms shall survive termination of this Agreement

6. Limitation of Liability

Liability cap: Notwithstanding any damages that You might incur, the entire liability of Bilby and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
Liability exclusions: To the maximum extent permitted by applicable law, in no event shall Bilby or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Bilby or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Universal liability: Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

6.1 Indemnity by you

Indemnity: You indemnify Bilby against all claims, costs, damage and loss arising from your breach of any of your representations or warranties and any of the terms outlined in this Agreement or any obligation you may have to us, including (but not limited to) any costs relating to the recovery of any Fees that are due but have not been paid by you.

7. “AS IS” and “AS AVAILABLE” Disclaimer

No warranty: The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Bilby, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Bilby provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Exclusions: Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

8. Governing Law

Local laws: The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

9. Disputes Resolution

Resolution: If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Us.

10. Changes to Terms of Service

Future updates: We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
Agreement to revisions: By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, You must stop using the services and if applicable notify us of Your Account termination as laid out in Clause 5.

11. Contact Us

If you have any questions about these Terms of Service, You can contact Us by visiting this page on our Website to see how you can get in touch: https://wiki.mybilby.com/contact