BIPlan Terms of Use

The BIPlan System Terms of Use

  1. ABOUT THESE TERMS

The BIPlan System Application at https://app.biplan.co/ is provided by exclusive license through The Better Business for Good Company Limited A.C.N. 636 243 733 trading as BB4G.co and through approved distribution partners who have entered into an agreement with The Better Business for Good Company to provide access to the BIPlan System as a part of their services.

Please read these Terms carefully.
If You:

  • browse, read or use the Website ;
  • set up an Account;
  • use the Application; or
  • undertake any activities through the Application, including using or making a request to use the Services,

You will be deemed to have read, understood and accepted these Terms.

If You do not accept these Terms, You must immediately cease from:

  • browsing, reading or using the Website;
  • setting up an Account;
  • using the Application; and
  • undertaking any activities through the Application, including using or making a request to use the Services.
  • In these Terms, the terms “You” or “Your” shall refer to You.

 

  1. DEFINITIONS AND INTERPRETATION

Unless the context otherwise requires:

  • references to a party to these Terms includes the executors, administrators, successors and permitted assigns of that party;
  • references to any statute, ordinance or other law includes all regulations and other instruments thereunder and all consolidations, amendments, re-enactments or replacements thereof;
  • words importing the singular include the plural and vice versa, words importing a gender include other genders and references to a person must be construed as references to an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-governmental and local authority or agency;
  • where any word or phrase is given a defined meaning in these Terms, any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning;
  • headings included in these Terms are for convenience only and must be disregarded in the construction of these Terms.

In these Terms:

“Account Maintenance Period” means period of time for which You maintain the Account;

“Account” means an account created by You to use the Application.

“Application” means the application named or styled ‘BIPlan’ or “The BIPlan System” and provided and operated by The Better Business for Good Company or their approved distribution partners available on the Website and includes any Updates, upgrades and New Releases;

“Australian Privacy Principles” means the principles contained in Schedule 1 to the Privacy Act;

BB4G means The Better Business for Good Company Limited (A.C.N. 636 243 733) and its licensors, and partners approved by The Better Business for Good Company to distribute the BIPlan System.

 “Business Day” means a day other than a Saturday, Sunday or public holiday in Victoria, Australia

“Claims” includes actions, suits, causes of action, arbitration, debts, dues, costs, claims, demands, interest, verdicts and judgments at law or in equity or arising under the provisions of statute;

“Commencement Date” means the earliest date on which You:

  • first accept the Terms, either by:
  • written correspondence indicating Your acceptance; or
  • electronic indication such as ticking an online checkbox or clicking on “I Agree” (or similar button); or
  • undertake one or more of the following activities:
  • browse, read or use the Website;
  • set up an Account;
  • use the Application; or
  • undertake any activities through the Application, including using or making a request to use or using the Services;

 “Device” means an electronic device, including but not limited to a mobile phone, tablet and tablet computer;

 “GST Acts” means A New Tax System (Goods and Services Tax) Act 1999 and related imposition Acts of the Commonwealth;

“GST” means the tax imposed or sought to be imposed by the GST Acts;

“Indirect or Consequential Loss” includes lost revenues, lost profits, lost business, lost goodwill or anticipated savings, incidental, indirect, consequential, special, economic or punitive damages whether arising from or in connection with any breach of contract, negligence or any other cause of action in connection with or relating to these Terms, or the Application.

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in, or in relation to, any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, Moral Rights and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields;

 “Moral Right” has the meaning as defined in the Copyright Act 1968 (Cth); which is conferred by statute, and which exists or comes to exist anywhere in the world in a deliverable form comprised within these Terms;

“New Release” means software which has been developed by BIPlan.co and made available to You to effect an extension, enhancement, alteration, improvement or additional functionality to the Application.

“Personal Information” has the same meaning as ascribed to that term in the Privacy Act;

“Privacy Act” means the Privacy Act 1988 (Cth), including as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth);

“Privacy Policy” means the privacy policy of The Better Business for Good Company from time to time, available on the Website and the Application and forming part of these Terms;

“Services” means the Subscription Services;

“Subscription Fee” means the advance annual or monthly fee payable by You to The Better Business for Good Company in relation to your use of the BIPlan System during any particular year or calendar month, as advertised on the Website and/or the Application from time to time;

“Subscription Services” means the following services available through the Application, being allowing You to:

  • review your business practices
  • create a business improvement plan

 “Term” means the period commencing on the Commencement Date and ending on the Termination Date;

“Terms” means these terms and conditions, being terms and conditions for the use of the Application, the Licence and the Services;

“Termination Date” means the date on which one of the following occurs first:

  • the Account Maintenance Period ends;
  • the Terms are terminated in accordance with clause 9;

“Update” means additional software which may be produced for the BIPlan System from time to time to overcome defects or to provide enhancements in the Application;

“Website” means the website accessible through the domain name https://BIPlan.co and all associated biplan.co sub-domains including but not limited to https://app.biplan.co

“Website Terms of Use” means the website terms of use of  from time to time, available on the Website and the Application and forming part of these Terms; and

“You” means the individual or entity using the Application or the Services.

 

  1. YOUR ACCOUNT

When you set up a BIPlan account you are entering into an agreement with The Better Business for Good Company, either directly, or indirectly through an approved distribution partner, to provide you with access to The BIPlan System (The Application).

To set up an Account:

  • You are not permitted to set up an Account on behalf of another person.
  • You warrant to BB4G that all information provided by You in the set up of, and in relation to, your Account is complete, true and accurate.

If You become aware of any actual or potential unauthorised use of access of your password or your Account, You must notify The Better Business for Good Company immediately.

Except to the extent otherwise required by law, BB4G will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:

  • your Account information being incomplete or inaccurate; or
  • any unauthorised use of your password or Account which takes place before You notify The Better Business for Good Company of such use, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

If BB4G suffers any loss, damage, cost or expense as a result of any unauthorised use of your password or Account which takes place before You notify The Better Business for Good Company of such use then You must pay BB4G the amount of that loss, damage, cost or expense upon demand by BB4G.

 

  1. YOUR USE OF THE APPLICATION

You agree to hold harmless BB4G from any claim or any damage resulting from the inability of You to use the Application.

Except as otherwise specified or agreed between the parties,  BB4G shall not be obliged to support the Application, whether by providing advice, training, error correction, modifications or enhancements or otherwise.

You acknowledge that You have no title or ownership of the Application or any modifications or enhancements, including rights to claim or register any Intellectual Property Rights.

You warrant that You will only use the Application for the Services and will not use the Application for any fraudulent activity or to sell or promote any illegal business activities or prohibited products or services and acknowledge that BB4G will not have any liability whatsoever in relation to any improper use of the Application by You.

You must not copy or modify the whole or any part of the Application or combine or incorporate the whole or any part of the Application in any other program or system.

Except as permitted by the law, You must not modify or copy the layout or appearance of the Application nor any computer software or code contained in the Application, nor may you decompile or disassemble, reserve engineer or otherwise attempt to discover or access any source code related to the Application.

 

  1. Intellectual Property Rights

You acknowledge that any intellectual property rights, including graphics, logos, trade marks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to the Application and/or this Website, are owned by BB4G, a related body corporate of BB4G, or a third party, and that these remain the property of those respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms of Use gives you a right to use any of them.

Nothing contained on the Application and this Website is to be interpreted as a recommendation to use any information on the Application and this Website in a manner which infringes the intellectual property rights of any person. BB4G makes no representations or warranties that your use of the information on the Application and this Website will not infringe such intellectual property rights.

You may view the Application and this Website and its contents for personal and non commercial use only and subject to the Copyright Act 1968(Cth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Application and/or this Website or commercialise any information obtained from any part of the Application and this Website without the prior written consent of BB4G or, in the case of third party material, from the owner of the copyright in that material.

You may not modify or copy the layout or appearance of the Application and/or this Website nor any computer software or code contained in the Application and/or this Website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Application and/or this Website.

If you correspond or otherwise communicate with BB4G, you automatically grant to BB4G an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Application and this Website and developing your ideas and suggestions for improved products and services.

 

  1. INFRINGEMENT

You must immediately notify The Better Business for Good Company of any infringement, counterfeit or unfair competition by any third party against the Application or Intellectual Property Rights in the Application (Infringement Notice), as soon as such infringement, counterfeit or act, comes to Your attention.  After receipt of the Infringement Notice from You, BB4G will take such action to stop such infringement, counterfeit or act as BB4G deems reasonably necessary to protect the Application and/or Intellectual Property Rights in the Application. You must fully cooperate with BB4G to stop any infringement, counterfeit or unfair competition against the Application, Intellectual Property Rights relating to the Application or interests of BB4G associated with the Application.

 

  1. TEMPORARY UNAVAILABILITY OF APPLICATION

You acknowledge and confirm that:

  • the Application or any part of the Application may be temporarily unavailable;
  •  BB4G is not responsible for the suspension or interruption to the Application or any part of the Application, regardless of the cause of such interruption or suspension; and
  • BB4G may change the Application or any part of the Application at any time without notice to You.

 

  1. INDEMNITY AND LIMITATION OF LIABILITY
  • You must indemnify and keep indemnified BB4Gand the servants and agents of BB4G against all Claims made upon or against BB4G arising out of a breach of these Terms by You or any person claiming through or under You.
  • Subject to law, BB4G  has no liability to You, or any person claiming through or under You for Indirect or Consequential Loss.
  • Subject to law, BB4G makes no representation and gives no warranty to You in relation to the Application. You acknowledge that You have not relied upon any representation or warranty made by or on behalf of either BB4G  in relation to the Application.

 

  1. TERMINATION

Subject to law, The Better Business for Good Company reserves the right to terminate these Terms and discontinue or cancel the provision of the Services at any time and may suspend or deny, in its absolute sole discretion, your access to all or any portion of the Application or the Services without notice to You, including where:

  • You have breached any provision of these Terms or threaten to breach any provision of these Terms;
  • The Better Business for Good Company is required to do so by law;
  • The Better Business for Good Company ceases to be licensed to provide access to the Application;
  • You have been provided access to the application through an agreement with an approved distribution partner and that distribution partner withdraws their agreement.
  • You fail to make payment of a monthly or annual subscription fee by the due date;
  • You become insolvent; or an administrator, receiver or receiver and manager or liquidator or trustee in bankruptcy is appointed in respect of You or all or any of the assets of You.

For the avoidance of doubt, upon termination of these Terms, all amounts owing by You to The Better Business for Good Company under these Terms are immediately payable by You to The Better Business for Good Company.

 

  1. IMPLIED TERMS
  • Subject to clause 10(2), any condition or warranty which would otherwise be implied in these Terms is hereby excluded.
  • Where legislation implies in these Terms any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying application of or exercise or liability under such condition or warranty, the condition or warranty will be deemed to be included in these Terms.
  • To the full extent permissible by law, BB4G provides no guarantee in relation to the performance of the Application and/or Your business as a result of the use of the Application.

 

  1. PRIVACY POLICY

The Better Business for Good Company takes its obligations under the Privacy Act very seriously.  The Privacy Policy of The BIPlan System and The Better Business for Good Company is available on the application and on the Website,  and explains how your personal information is collected and managed in accordance with the Australian Privacy Principles and the Privacy Act.  The Privacy Policy forms part of these Terms and your acceptance of these Terms shall also be taken to be confirmation that You have read, understood and agree to the terms of the Privacy Policy.

 

  1. INVALIDITY

If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction.  The remainder of these Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected and remains valid and enforceable.

 

  1. ENTIRE AGREEMENT

These Terms, the Privacy Policy and the Website Terms of Use comprise the entire agreement between You and The Better Business for Good Company and no earlier agreement, understanding or representation, whether oral or in writing, in relation to any matter dealt with in these Terms will have any effect from the date of these Terms.

 

  1. GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of Victoria, Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.

 

  1. VARIATION

BB4G may amend, vary or modify any one or more these Terms, Privacy Policy, or Website Terms of Use at any time without notice to You.  BB4G will post a revised version of the Terms, Privacy Policy, Website Terms of Use on the Website and/or on the Application as soon as practicable after their amendment, variation or modification. The amended, varied or modified Terms, Privacy Policy, Website Terms of Use will become effective upon posting (“Effective Date”).  The continued use of the Application, the Website and/or the Services, by You after the Effective Date will be deemed to be an agreement by You to be bound by these Terms, Privacy Policy, Website Terms of Use and/or any other policies as amended, varied or modified.