Terms and Conditions
Last updated: November 9, 2020
These Terms of Service (the Terms) govern your use of our website located @ www.bothello.io (the Site) and form a binding contractual agreement between you, the User of the Site and Us, Bothello Pty Ltd (ABN 62 623 487 089). For that reason, these Terms are important and you should ensure that you read them carefully and contact Us with any questions before you use the Site.
1.1. By viewing or browsing the Site, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them.
1.2. If you do not agree to these Terms, you may not access or otherwise use the Site and the Services offered on the Site and should navigate away immediately.
Agreement means these terms and conditions of use and the documents referred to on it.
Content means all content on the Site whether Ours, third party content or User content.
Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
Services means the services we provide to Users governed by the Buyer Terms and Seller Terms.
User means any person or entity who gains access to, views or browses the Site.
You means you, the User.
Us, We, Our means Bothello Pty Ltd (ABN 62 623 487 089).
(a) you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate; and
4.1. You acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.
4.2. All Content and services provided on or through this site are provided “as is” and “as available” for your use. The Content is provided without warranties or conditions of any kind, either express or implied, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this site is solely at your risk.
4.3. We reserve the right to withdraw or amend the Services that we provide on the Site without notice. We may restrict access to some parts of or the entire Site, from time to time.
4.4. You are responsible for making any arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your account are aware of these Terms and that they comply with them.
5.1. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, unauthorized access, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
5.2. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the Content contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Services or that the operation of our Site will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Site or the Services.
6.1. The Services may link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Services. These websites are not under our control and are not maintained by Us. We are not responsible for the content of those sites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those sites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
6.2. We make no representation about any other website you access through this one. Please understand other websites are independent from our sites so we do not accept responsibility for such websites.
7.1. Users agree to be compliant when using Our Site policies, including this Agreement with regard to all local, state, national, and international laws, rules and regulations, as well as any laws regarding the transmission of technical data exported from the Users’ country of residence.
7.2. All Users are responsible for supplying Us with accurate data at all times, including the quality and validity of data entered by the User, as well as the source of the data. The User is also responsible for modifying any User information immediately when changes occur.
7.3. No User shall use the Site for any fraudulent or inappropriate purposes and agree not to promote the unauthorized use of a third party or to encourage the unauthorized use of a third party to use any portion of the Site to transmit or upload any content that is against the law, abusive, unauthorized, harassing, obscene, slanderous, virus containing, or is otherwise distasteful as reasonably determined by Us.
7.4. Users agree not to resell, reproduce or take advantage of any part of our Site by robot, spider, other automated device, or manually to monitor or duplicate any content without our expressed written permission. We reserve the right to seek all remedies available by law and in equity for violation of these Terms.
7.5. We reserve the right to investigate complaints or reported violations of these Terms and to take any action deemed necessary, appropriate, and lawful; including, but not limited to information relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information.
7.6. All Users agree not to conduct the following:
(a) sell, resell, rent or lease any content, marks, or services within the Site;
(b) store or transmit infringing, libellous, unlawful, indirect material, or in violation of third-party privacy rights data;
(c) store or transmit malicious codes;
(d) interfere with the performance of the Site, services or any third-party data; or
(e) try to gain unauthorized access to the Site, User accounts unauthorized to access, services or any related systems.
8.1. Users of this Site agree not to do the following, but are not limited to only these conditions:
(a) Engage in any type of activity that negatively affects the purpose or intention of the Site, including, but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the services, in whole or in part, by, among other methods mentioned or not mentioned, subscribing another person or party without their authorization or registering multiple subscriptions under the same or different names; these activities include:
(i) Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, or explicit or unnecessarily graphic descriptions of accounts of and situations pertaining to sexual acts.
(ii) Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or harm minors in any way.
(iii) Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships. This includes any inside information or proprietary or confidential information.
(iv) Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party; nor any unauthorized advertising or promotional materials. This includes junk mail, spam, chain letters or any other form of solicitation.
(v) Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, or any other computer code, files or programs, designed to maliciously, whether intended to or not, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
(vi) Impersonate any person or entity, falsely state or otherwise misrepresent User affiliation with a person or entity.
(vii) Forge or manipulate packet headers in order to disguise the origin of any content transmitted to or through this Site.
(b) Intentionally or unintentionally violate any applicable local, state, national or international law.
(c) Harvest, collect or store information about the Users of this Site or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
8.2. We are not responsible for Content submitted or posted by a User. We are not responsible for any failure, non-failure or delay in removing such Content. Users acknowledge and agree that the content viewed, submitted or posted is at their own discretion and risk, and the views expressed do not reflect Our views or Our staff. We do not support or endorse contributed Content, whether or not it has been edited by Us and we have the right, at our sole discretion, to refuse, reject, deny or remove any content, in whole or in part, that does not comply with these Terms or any other policy we have posted or otherwise is undesirable, inappropriate or inaccurate. Users will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any contribution we make.
11.1. Our Intellectual Property
(a) Nothing in these Terms constitutes a transfer of any Intellectual Property rights from Us to you.
(b) We own and retain all proprietary rights to the Site, the Services provided through the Site, and all associated Intellectual Property rights, excluding your Content. You are permitted to use the Services only as authorised by Us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site and Services to create, display, use, play, and download Content subject to these Terms.
(c) Our Intellectual Property must not be used in connection with a product or service that is not affiliated with Us or in any way brings Us in disrepute.
(d) You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
11.2. User Generated Content
(a) You must not add any Content to the Site:
(i) unless you hold all necessary rights, licences and consents to do so;
(ii) that would cause you or Us to breach any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(iv) that is unsolicited, undisclosed or unauthorized advertising;
(v) that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(vi) that would bring Us, or the Site, into disrepute; or
(vii) that infringes the Intellectual Property or other rights of any person.
(b) You retain ownership of your Intellectual Property and proprietary rights in any User Content. These Terms do not prevent you from granting non-exclusive rights to use your User Content to others.
(c) We are under no obligation to regularly monitor the accuracy or reliability of User Content appearing on the Site or using the Services. We reserve the right to modify or remove any User Content at any time.
(d) You hereby grant Us a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all Intellectual Property rights without limitation with respect to User Content worldwide or to incorporate User Content in other works in any media now known or later developed for the full term of rights that may exist in User Content.
12.1. You agree that we shall not be liable for any damages suffered as a result of using, copying, distributing, or downloading Content from the Site.
12.2. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
12.3. Any opinions, advice, statements, services, offers, or other information or User Content expressed or made available by Users or third parties, are those of the respective author(s) or distributor(s) and not of Us. We do not act as agent for any Users. We do not endorse any of the Users, and expressly disclaim any and all liability in connection with them and recommends that prior to entering into any agreement, Users must obtain their own independent advice. We do not pre-screen or monitor User Content. In no event shall we be liable for any claims by a third party pursuant to any consumer and competition law, such as the Competition and Consumer Act 2010, including, but not limited to, any misleading statements made and/or incorporated into any User Content. It is your sole responsibility to ensure the accuracy of the data inputted and any other User Content. Users acknowledge that any reliance upon any opinion, User profile, advice, statement or information is the User’s own risk. Please use caution and common sense when using the Site and Services.
12.4. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.
12.5. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
12.6. As a condition of your access to and use of the Site, you agree to indemnify Us and its successors for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
(a) Your access to and use of the Site, Services, and Content; and
(b) Your violation of these Terms and any applicable law or the rights of another person or party.
In the event that you have any claim or action against any other User arising from that User’s use of our Site, you agree to pursue such claim or action independent of and without any demands from Us, and you release Us from all claims, liability and damages arising from or in any way connected to the claim or action. In the event that a claim or action is brought against Us from your activities or use of the Site or the Services, including any breach by you of these Terms or any charges or complaints made by the other parties against you, you agree to pay, hold harmless and defend Us in the claim or action. You also agree to cooperate fully as reasonably required in the defence of any claim and allow Us to assume the exclusive defence and control of the matter at our sole discretion.
14.1. You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your registration, or suspend or block your access to the Site and Services.
14.2. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection therewith.
14.3. If applicable law requires Us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
15.1. By using the Site, you accept that communication with Us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.
15.2. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
15.3. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
(a) For letters, the letter was properly addressed, stamped and placed in the post; and
(b) For emails, the email was sent to the specified email address.
16.1. If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
16.2. If we waive a default, it does not constitute a waiver of any subsequent defaults.
16.3. No waiver is effective unless it is expressly stated by Us to be a waiver and is communicated to you in writing.
If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
18.1. These Terms are governed by the laws of the State of Queensland and the Australian Arbitration laws regardless of your physical location.
18.2. If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Terms will continue to be in full force and effect.
19.1. We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site and Services at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
19.2. Any material on the Site and Services may be out of date at any given time and we are under no obligation to update such material.
19.3. We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.
19.4. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site and Services. Your continued use of the Site and Services will be deemed as your acceptance thereof.
19.5. We may assign or sublicense any of our rights or obligations under these terms and conditions at any time, without obtaining your consent.