WEBSITE TERMS AND CONDITIONS
These terms and conditions of use (“Website Terms”) form a legal agreement between you and OneFlick Pty Ltd ACN 621 974 203 an Australian incorporated company trading as BILLI.
These Website Terms govern your access to and use of the website (“Website”) owned and operated by BILLI and the related services (“Services”). Your use of the Services will be subject to all applicable terms and conditions referred to collectively as the BILLI Terms as set out in our General Terms on the Important documents page, and as amended by BILLI from time to time.
Please carefully review these Website Terms before using the Website or our Services.
- We will grant you a licence to use this Website and the Services if you:
- register as a user by completing the application process; and
- agree to abide by the General Terms, and all associated terms and conditions and policies (“BILLI Terms”).
- The Licence we will grant you is a personal, non-assignable, non-transferable, non-exclusive licence to use the Website in accordance with the BILLI Terms, as amended from time to time.
- If you do not satisfy each of the requirements set out in clause 1, you must not use the Website.
1.2. Website Use
- You may use the Website to access the following services (“Website Services”):
- To Lock and Unlock your mobile device
- Answer Security Questions
- To Access BILLI® updates
- To Contact Us
- Such other services as we may make available from time to time.
1.3. Your Responsibilities
- We are and will remain the owner of the Website at all times, and you must not otherwise copy, transmit, distribute, reproduce (for compensation or otherwise), license, alter, adapt or modify the whole or any part of the Website in any way.
- Your right to use the Website has been licensed (not sold) to you and, other than a right to use and display the Website (for your personal purposes only) in compliance with these Website Terms, you have no rights in, or to, the Website or the technology used or supported by the Website or any of our Services.
- You must comply with any applicable law and regulation relating to the use of our Website or any of our Services.
- You must not:
- modify, adapt, decompile, reverse engineer, disassemble or develop derivative works;
- remove, obscure, or alter the BILLI brand or the copyright notice or other notices by BILLI on our Services;
- not use the Website or any of our Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Website Terms, or act fraudulently or maliciously;
- not use the Website or any of our Services in a way that could damage, disable, overburden, impair or compromise the Website, our systems or security or interfere with other users;
- disseminate malware or other malicious code that harms or subverts our Services or a user’s enjoyment of our Services by damaging, modifying, deleting, accessing (without express consent) or expropriating any data or functionality directly or indirectly related to our Services or users of our Services;
- create a new account to use our Services after we have terminated your Account due to your breach of the BILLI Terms;
- engage in any action or practice that reflects poorly on us or otherwise disparages or devalues the reputation or goodwill of BILLI;
- use the Website in a country where the use of the Website or any of our Services is unlawful; or
- act in any way that violates these Website Terms.
1.4. Privacy and Security
1.5. COPYRIGHT and Trademarks
- The trademarks, trade names, service marks and other BILLI logos and brand features, and product and service names are the property of BILLI (“BILLI Marks”).
- You must not, without prior written permission, copy, transmit, display, perform, alter, store, licence, distribute or otherwise use the BILLI
- Other featured trademarks, words or symbols, used to identify the source of goods and services, are the trademarks of their respective owners.
- BILLI owns all right, title and interest, including without limitation all Intellectual Property Rights related to your use of our Services including the technology and brand of BILLI including implied licenses, but excluding any items BILLI has licensed from third parties.
- You will not acquire any right, title, or interest in or to our Services except as expressly set forth in these Website Terms.
- Linking to the BILLI Website is only permitted if you receive our prior written consent.
- BILLI reserves the right to change its practices and/or these Website Terms at any time and such new terms and conditions will (regardless of the notice given to you) become immediately binding on you once the changes are posted on our Website.
- If you continue to use our Services after the Website Terms are varied, you are deemed to have agreed to be bound by the variation.
- It is therefore important that you review these BILLI Terms and our policies regularly.
- All of our Services may not be available or accessible in all locations at all times.
- Your eligibility to use our Services is subject to our sole discretion.
- Every effort will be made to ensure information is correct when published. However, we do not undertake any obligation or responsibility to update or amend that information.
- We may at any time change such information, or we may change or discontinue our products or our Services.
- Use of the information on the Website is restricted. There is no intention to solicit a person to use such information, products or our Services in jurisdictions where such use is prohibited by law.
1.8. Third Party Links
- The Website may include advertising by third parties that includes a link to a website and resources provided by a third party.
- Links are only provided for your convenience and any link to a third party website is solely provided to provide useful information or services to you.
- We have no control over the content on websites operated by a third party and we make no representation or warranty in relation to the content of any third party sites.
- If you elect to follow a link on your own initiative, we accept no responsibility for the opinions, ideas, products, information or services offered at such sites, nor do we make any representation concerning such site content.
1.9. No Guarantee
- Our Services are provided on an “as is” and “as available” basis.
- Your use of our Services is at your sole risk and you agree that BILLI is not liable for how you manage your Account or how you elect to use our Services or the outcomes that result.
- We do not guarantee the results you will achieve and BILLI takes no responsibility for your actions, choices or decisions, as they are your responsibility.
- Any information provided on the Services is intended to assist you and that information is not, nor is it intended to be, a substitute for legal, financial or other professional advice.
- We will not be liable or responsible for:
- the Website not meeting your individual requirements or the Website containing defects or errors, as the Website has not been developed specifically for you (as it is your responsibility to ensure that the facilities and functions of the Website meet your requirements); or
- any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer, data or other proprietary material due to your use of the Website or the Services.
- It is a condition of your use of the Website and the Services that you understand, agree and accept that:
- no Internet transmissions may ever be completely private or secure; and
- any message or information you send using the Website or any of the Services may be read or intercepted by others despite any encrypted transmission notice.
- Although BILLI intends to take reasonable steps to protect the integrity and reliability of our Services, BILLI does not warrant and BILLI does not give you any guarantee or representation that:
- our Services or any information or other material accessible through our Services will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;
- there will be any operational stability, availability or continuation of our Services;
- any message, email, notice, post, answer or transmission of information will be successfully delivered or displayed; or
- there will be any continuation of the agreement formed under the BILLI
1.10. Limited Liability
- To the maximum extent permitted by applicable law, we disclaim all warranties, either express or implied, including but not limited to:
- uninterrupted or continuous availability of our Services; and
- implied warranties of merchantability, fitness for a particular purpose with respect to our Services under these Account Terms.
- Under no circumstances (including but not limited to any act or omission on the part of BILLI) will BILLI be liable for any indirect, incidental or, special and/or consequential damage or loss of profits, goodwill or reputation including, without limitation, damages arising out of an action under contract, negligence or any other theory or for any loss or consequential loss including any business profits, business information, business reputation, business opportunity, goodwill or any business interruption or other pecuniary loss or any incidental damages, punitive damages or exemplary damages whatsoever that result from your use of the Services or your inability to use or access the Services (“Damages”).
- Our maximum liability to you in respect of each transaction is to refund the amount paid under that transaction.
- We have no liability for any Force Majeure Event and we warn you that our Services may be discontinued at our sole and absolute discretion or that our Services may be inoperable at times due to:
- your inability to recover funds transferred under Bank Transfer payment if you entered the wrong BSB and/or account number into our system;
- down time and scheduled maintenance;
- outages to any public Internet backbones, networks or servers;
- equipment failure including the failure of third party local access systems; or
- a Force Majeure Event.
- Certain laws may not allow the exclusion of some conditions and warranties in which case some of the above exclusions may not apply to you.
- Nothing in this Agreement limits or excludes our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, and any other liability that cannot be excluded or limited by law.
1.11. Local Laws
- These Website Terms will not be excluded to the extent that such exclusion is prohibited by the laws of the jurisdiction where you reside and where those laws confer rights and remedies and imply terms into these Website Terms that cannot be excluded.
- If a jurisdiction does not allow an exclusion or limitation of liability, but allows a limitation to a certain maximum extent, then the liability of BILLI is limited to that extent.
- If any provision in these Website Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve validity.
- If necessary the invalid provision will be deleted from these Website Terms and the remaining provisions will remain in full force and effect.
- BILLI may refuse to approve or decide to terminate an existing Account or your use and access to our Services at any time and at our sole discretion. That decision may be made without cause or notice (other than any notice required by any applicable law).
- We reserve the right to cease providing our Services or operating the Website at any time without notice.
1.13. Governing Law
- The laws of New South Wales govern any agreement formed under these Website Terms and the parties irrevocably submit to the jurisdiction of the courts of that State.
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