Terms


TERMS OF USE
Please read these Terms carefully as they govern your access to and use of thebeekeeper.org.

  • 1: ABOUT THESE TERMS
    • 1.1: These Terms of Use (“Terms”) are governed by Beeinventive Pty Ltd (“Company”, “Our,” “We”, or “Us.”). By using Company’s website located at TheBeekeeper.org (the “Site”)or any marketplace related service provided in connection with the Site (“Service”), you agree to comply with these Terms. Our Privacy Policy is also a part of these Terms.
    • 1.2: We may at any time appoint subcontractors or licensees to perform all or any portion of our obligations under these Terms. By visiting the Site, downloading, or using the Service, you agree that we may send you direct communications to the email address or phone number you provide from which you may opt out at any time.
    • 1.3: We reserve the right to refuse use of the Site or Service to anyone and to reject, cancel, interrupt, remove or suspend the availability of the Site or Service at any time for any reason without liability. We may amend these Terms at any time, and by continuing to use the Service you accept the Terms as they are updated from time to time.

  • 2: USER ACCOUNTS.
    • 2.1: Accounts: To view and participate in certain aspects of the Site, you will be required to register with the Company by creating a user account (“Account”). By signing up for an Account, you accept the Terms as a condition of joining our Service as a user (“User”). As a User, you agree that:
      • (a) you may not authorise or permit anyone else to access your Account or the Service by using your Account Information. This also includes other private information such as your location, address and financial information (“Private Information”);
      • (b) you are responsible for maintaining the confidentiality of your Account Information and Private Information;
      • (c) you may not impersonate or imitate any person when registering for an Account or messaging any other User;
      • (d) your access to and use of the Site is non-transferable; and
      • (e) you will use the Site only for purposes permitted by the Terms.

    • 2.2: Personal Information: As part of the registration process and a condition of your use of the Service, you must provide us current, complete and accurate identification, field inputs and other information (some of which is not mandatory) including but not limited to your name, phone number and valid email address (collectively, your “Account Information”).
    • 2.3: Minors: Children under the age of 18 are prohibited from registering as Users. By registering as a User, you represent that you are age 18 or older.
  • 3: PRIVACY POLICY: We respect your privacy and permit you to control the treatment of your Account and Private Information. A complete statement of Company’s current Privacy Policy can be found by clicking here.
  • 4: USE OF SITE AND SERVICE: On payment of the monthly/yearly access fee, you are granted a limited, non-exclusive, non-transferrable, non-assignable, non-sublicensable, and revocable license to use the Site and Services by the Company, for your personal, non-commercial, home use only, except where prohibited by applicable laws. We do not transfer either the title or the intellectual property rights of the Site or Services to you in any respect. All trade marks, trade names, marks, brands, logos, and other intellectual property are owned by Company or its licensors and you may not copy or use them in any manner except as otherwise specifically authorized.
    • 4.1: PROHIBITED USE: You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation:
      • (a) copying, renting, leasing, selling, redistributing, reproducing, the Site or Service, nor any component thereof;
      • (b) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access;
      • (c) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
      • (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
      • (e) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
      • (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
      • (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce, underlying ideas, or algorithms, or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site or Service;
      • (h) taking any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;
      • (i) interfering or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
      • (j) bypassing any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
      • (k) running Maillist, Listserv, or any form of auto-responder or "spam" on the Service;
      • (l) using manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; and/or
      • (m) collecting Users’ personal, contact, demographic, or other information.
    • Any violation of system or network security may subject You to civil and/or criminal liability.
    • 4.2: DISPUTES: You are solely responsible for interactions and disputes with other Users on the Site. We will not become involved nor do we take any obligation to become involved in any dispute between Users that may arise for any reason.
    • 4.3: DISCLAIMER: We provide the Site and Service on an “as is” basis. We will not be liable for any errors or omissions in any Content on the Site or Service. All Content you access through the Site or Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party. The Company has no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which Users gain access to the Site; what Users access through the Site; what effects the Content on the Site or Service may have on Users; how Users may interpret or use the content; or what actions Users may take as a result of having been exposed to the content.
  • 5: INAPPROPRIATE CONTENT
    • 5.1: While using the Site, you agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that is:
      • (a) libelous, defamatory, obscene, pornographic, abusive, or threatening;
      • (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
      • (c) advertises or otherwise solicits funds or is a solicitation for goods or services.
      • (d) involves surveys, contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages; use of information provided by us, upload of viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; use of metatag searches of the Site or Service;
      • (e) creates a false identity for the purpose of misleading others;
      • (f) violates any third party copyright, trade mark, or other intellectual property or proprietary rights.
    • 5.2: You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers.
  • 6: LAW ENFORCEMENT: We will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws. We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service or the Site when requested.
  • 7: COPYRIGHT INFRINGEMENT
    • 7.1: ALLEGED VIOLATIONS: We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. We have adopted a policy that provides for the immediate suspension and/or termination of any User who is found to have infringed our intellectual property rights or the intellectual property rights of a third party. Our policy is to investigate any allegations of copyright infringement brought to our attention.
    • 7.2: ACCOUNT TERMINATION: We reserve the right to terminate your use of the Service and/or the Site. To ensure that we can provide a high quality experience for you and for other Users, you agree that we may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorised uses of the Site or the Service. We reserve the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if:
      • (a) you have violated any provision of the Terms;
      • (b) we are required to do so by law;
      • (c) the provision of the Service is, in our opinion, no longer commercially viable.
    • 7.3: ACCOUNT SUSPENSION: We reserve the right to discontinue your account at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Site / Service without notice if we decide that your conduct negatively impacts our reputation or violates the rights of any other User or third party.
  • 8: TRADE MARKS: Our trade marks, service marks, and logos ("Company Trademarks") used and displayed in connection with the Services are registered and unregistered trade marks or service marks of the Company. Other company, product, and service names used in connection with the Services may be trade marks or service marks owned by third parties (the "Third Party Trade Marks", and, collectively with Company Trademarks, the "Trade Marks"). The offering of the Services does not grant, by implication or otherwise, any license or right to use any Trade Mark displayed in connection with the Services without our prior written consent for each such use. The Trade Marks may not be used by you:
    • (a) in or as the whole or part of your own trade marks;
    • (b) in connection with activities, products or services which are not ours; or
    • (c) in a manner which may be confusing, misleading or deceptive.
  • The obligations accepted by you under this clause survive termination or expiry of these Terms.
  • 9: WARRANTIES: To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these Terms, the Site and the Service. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. We do not warrant or represent:
    • (a) the completeness or accuracy of the information published on the Site;
    • (b) that the material on the Site is up to date; or
    • (c) that the operation of the Site or Service will be uninterrupted or error-free.
    • (d) the Site or Service will be secure or available at any time or location;
    • (e) any defects or errors will be corrected;
    • (f) any content or software available at or through the Site or Service is free of viruses or other harmful components; or
    • (g) the results of using the Site or Service will meet your requirements.
  • 10: USE OF THE SITE / SERVICE: Your use of the Site or Service is solely at your own risk. We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site or Service. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on our equipment, transmitted over networks accessed by the Site or Service, or otherwise connected with your use of the Site or Service.
  • 11: AFFILIATED SITES: We have no control over, and no liability for any third-party websites or materials. The Company works with several partners and affiliates whose websites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
  • While using the Site, you may have access to content (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms will govern your use of any and all third-party content in connection with, arising out of, or relating to the Site or Service.
  • 12: INDEMNITY: You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity and all violations of state, federal, local, or foreign law caused by or arising out of your acts or omissions. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable cooperation, at your expense, in defending any such claim, loss, liability, damage, or cost.
  • 13: ADVERTISING AND LINKS: The Site may contain links and other pointers to sites or applications operated by third parties. We do not control these linked sites and are not responsible for the contents of any linked sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the applications or the products or services provided at those sites. Your access to any such site is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.
  • 14: NO WAIVER: No waiver of rights under these Terms or any of our policy, or agreement between us and a User will constitute a subsequent waiver of this or any other right. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
  • 15: ASSIGNMENT: You agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and obligations under these Terms.
  • 16: ENTIRE AGREEMENT: Unless otherwise stated, these Terms and our make up the entire agreement between you and us regarding the Site and Service, and Privacy Policy supersede any prior agreements.
  • 17: LAW: These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning these Terms.
  • 18: SEVERABILITY: If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
  • 19: VARIATION: We may revise these Terms from time to time by updating this posting. The revised Terms will apply to the use of the Site from the date they are published on the Site. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound.
  • 20: FEEDBACK: Your feedback is important to us. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and Service ("Feedback"). You may submit Feedback by contacting us at https://www.thebeekeeper.org/pages/contact.
  • You grant to us the rights to use, copy and otherwise use the Feedback for any purpose, including (but not limited to) advertising and promotional purposes.

Terms last updated 20 May 2019

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