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Terms

Terms & Conditions

These Terms and Conditions of Use (‘Terms of Use’ or ‘Terms’) are an agreement between you (‘the User’) and  Ariel Consulting Pty Ltd (ACN 112 806 836) (‘Ariel’, ‘we’ or ‘us).

1. Acceptance

1.1. These Terms of Use are important and affect your legal rights, so please ensure that you read them carefully. The Terms govern your use of the website located at www.boostyourbd.com.au (‘the Website’). The Terms apply to the services currently offered by Ariel Consulting on that Website as well as services that may be offered in the future (the ‘Services’).

1.2. USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE AND INDICATES YOUR WILLINGESS TO BE BOUND BY THESE.

1.3. Ariel reserves the right, at any time, to modify, alter or update the Terms of Use without prior notice. Modification shall become effective immediately upon being posted herein. Your continued use of the Services after amendments are posted constitutes an acceptance of the Terms of Use and its modifications.

1.4. You are only allowed to use the Services if you are 18 years or older.

2. Use of Services

2.1. In setting up a user account on the Website, you may be required to give us access to or provide login information and password information for accounts or services that you may have with third party providers. By providing such information, you agree that you have read any agreements governing such access, and that you have the necessary contractual and legal rights to give us such access.

2.2. In using the Services, you understand that:

  • (a) you enter and participate in the Services at your own risk;
  • (b) you must keep your login and password details confidential, and you  must notify us immediately in writing if you become aware of any unauthorised use of your user ID or password;
  • (c) if you are, for any reason, unable to access any aspect of the Services, it is your responsibility to contact us to have us remedy the situation;
  • (d) Ariel does not monitor or screen communications on its forum, bulletin board, chat room or any other user interactive area of the Website and, accordingly, Ariel does not assume responsibility for any material posted therein. To that end, Ariel has no obligation to investigate or remove any content based upon a complaint, or otherwise, however has power to do so;
  • (e) Ariel does not endorse, support or lend any credence to any statement made on the Website and, as such, any such statement should not be relied upon;
  • (f) you alone are fully responsible for statements you make and materials you post through your use of the Services;
  • (g) Ariel may, at any time and for any or no reason at all, remove materials or content from the Website, including that which is disruptive, abusive, offensive, illegal, vulgar and/or pornographic.

2.3. In using the Services, you agree not to:

  • (a) use the Services, including, but not limited to, the forum, bulletin board, chat room, for any illegal purpose;
  • (b) place any material in the Website’s forum, bulletin board, chat room, or any other user interactive area of the Website that violates any legal or equitable rights, including that held in copyright, trademarks, trade secrets, confidential information, of any other party;
  • (c) place any material in the Website’s forum, bulletin board, chat room or any other user interactive area of the Website that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses, vilifies or embarrasses any other person;
  • (d) place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of the Website;
  • (e) place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of the Website;
  • (f) assume the identity of another subscriber of the Services, including by using another’s user ID and/or password to access the Services;
  • (g) place materials in the Website’s forum, bulletin board, chat room, or any other user interactive area of the Website that are, amongst other things, disruptive or irrelevant to the content and/or the purpose of the Website;
  • (h) engage in any form of data mining, scraping, crawling, email harvesting or using any process or processes that cause automated queries to be sent to the Website;
  • (i) use the Website to compile a collection of listings, including a competing listing product or service;
  • (j) use the Website or any materials contained therein for any unsolicited commercial email.

2.4. Notwithstanding anything herein to the contrary, Ariel reserves the right to permit or restrict any subscriber’s access to the Services in its sole and absolute discretion, including the termination or suspension of user accounts in the event of a breach of these Terms of Use.

2.5. Ariel may present information and content including, but not limited to, articles, opinions, text, statistics, data, product information, software applications, commentary, advertisements, graphics, photographs, illustrations, calendars, designs, games, reviews, video and audio files, buttons, icons, programs and code, in addition to User Generated Content (collectively, ‘Content’), that is owned or licensed by Ariel. The Services may also include materials, applications and information owned by third parties and made available through the Services by virtue of a license, grant or some other form of agreement between the third party and Ariel.

2.6. You acknowledge that the Services are provided to you purely for your information and education. Accordingly, in providing you the Services, Ariel is in no way presenting you with any sort of business opportunity, distributorship, nor is it making any representations as to potential income you may derive from using the Services. To that end, if any income figures are mentioned, you should not assume that you too will garner that same, or similar, income through your use of the Services. Further, testimonials and statements of individuals are not to be interpreted as representations of average earnings. You should therefore seek legal or other professional advice before acting upon or relying on the Services.

2.7. Except where required by law, Ariel is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy, reliability, timeliness or completeness of Content, including without limitation the description, availability or effectiveness of any product. Other than where required by law, Ariel does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services.

2.8. Ariel does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising from any content posted by any user. User Generated Content submitted through the Services is not necessarily reviewed by Ariel prior to posting or at any time.

2.9. All Services and Content provided by or through Ariel are owned by us and are protected by copyright laws, unless otherwise indicated.

2.10. Ariel reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered and software needed for access or use.

2.11. The Website is integrated with Third Party Applications, websites and services to make available content, products and services to you. These Third Party Applications may have their own Terms and Conditions. You understand and agree that Ariel does not endorse and is not responsible or liable for the behaviour, features or content of any Third Party Application or for any transaction entered with the provider of any such Third Party Applications.

2.12. Where links are provided to other websites owned by third parties, Ariel takes no control or responsibility for services provided by those parties.

2.13. Ariel uses Third Party Applications in providing Services to you. Ariel has no control over, and is not responsible for, any activity occurring within Third Party Applications, including any failures which affect your use of the Services. By agreeing to these Terms of Service, you also agree to the Terms of Service of such third party Applications and confirm your acceptance of such terms.

2.14. Ariel is not responsible for any loss or damage incurred as a result of your use of a Third Party Application, either through the Website platform or outside of it.

3. Costs and Fees

3.1. To engage in the Services, you must subscribe to a membership plan by visiting the Website.

3.2. The term of your subscription will be for one year (‘the Billing Period’).

3.3. Your subscription will not renew automatically at the end of the Billing Period and, as such, you will be reminded (via email) to renew your subscription before the anniversary of your initial subscription.

3.4. The subscription charges are as stipulated on the Website. These amounts, or the basis for determining them, may be varied from time to time, in which case you will be advised thereto via email, although any such variations will not affect any subscription charges for which you have already paid.

3.5. The Services are charged in AUD. You should accordingly be aware that your nominated financial institution may charge you an international transaction fee.

3.6. The subscription charge includes Australian Goods & Services Tax (‘GST’).

3.7. You accept that you are solely responsible for all costs involved in the use of the Services, such as communication costs related to the use of devices, the use of mobile Internet and roaming, and taxes connected to your use of the Services.

4. Intellectual Property

4.1. Ariel, or its licensors, owns all right, title and interest including, but not limited to, intellectual property rights in and to the Services (which include applications, features, software, databases) and, unless agreed otherwise, you may not reverse engineer, decompile or otherwise attempt to extract the source code of the software which Ariel or its licensors provides you, unless this is explicitly permitted.

4.2. Unless we have agreed, or specific guidelines permit, you are not permitted to use any trademark, service mark, graphic or logo used by Ariel or its licensors in connection with the Services.

4.3. You retain any and all rights you already hold in content you post or display. You grant Ariel and any affiliated companies a royalty-free, non-exclusive, perpetual, worldwide license to reproduce, adapt, modify, translate, publish, display and distribute any User Generated Content which you provide or upload on or through the Services, including that which you provide or upload by accessing the Website’s forum, bulletin board, chat room, or any other user interactive area of the Website, and placing any information therein. This license is restricted to the goal of enabling Ariel or its affiliated companies to distribute and promote its Services. You represent and warrant to Ariel that you have all necessary rights, power and authority to grant the license.

5. Warranties

5.1. The Services and Content are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, which are hereby expressly disclaimed to the fullest extent permissible pursuant to applicable law. Ariel shall not be responsible or liable to any user for any acts of fraud, theft, misappropriation, tampering, hacking, interception, piracy, misuse, misrepresentation, dissemination, or other illegal or unauthorised activities of third parties.

5.2. The Australian Consumer Law may imply warranties or conditions or impose obligations upon Ariel that cannot be excluded, restricted or modified or excluded, restricted or modified to a limited extent. These Terms of Use must be read subject to these statutory provisions. Under these provisions your rights as consumers include statutory guarantees that services supplied to you will be provided with acceptable care and skill, be fit for any notified purpose or give the results that you and us agreed to and be delivered within a reasonable time.

5.3. You understand and expressly agree that your use of the Services and the Content is at your sole risk, that any and all Content, material and data uploaded, downloaded or otherwise obtained through your use of the Services are at your own discretion and risk and that to the extent permitted by law, you will be solely responsible for any damage to you, your property or any third party or their property arising from use of the Services or the Content.

5.4. To the extent that the applicable law does not permit the disclaimer of warranties, the products, Services and Content are warranted only to the minimum amount legally required.

6. Limitation of Liability

6.1. You understand that your use of the Services is at your own risk. Ariel shall not be responsible for any damages that may arise in connection with any transaction, your use of the Services or this agreement except to the extent caused by Ariel’s negligence, wilful misconduct or breach of this agreement.

6.2. To the fullest extent permissible by law, Ariel shall not be responsible or liable to you or any third parties claiming through or under you under any circumstances for any lost profits, lost revenue, lost data, equipment downtime, or for any indirect, consequential, special, incidental, punitive, or exemplary damages or losses, arising out of your access, use or inability to use the services or any content, including but not limited to interruptions or delays in transmission, regardless of the type of claim or the nature of the cause of action, even if Ariel has been advised of the possibility of damage or loss.

6.3. To the fullest extent permissible by law, our maximum aggregate liability shall not exceed the amount that you have paid for the Services to which the liability relates. To the fullest extent permissible by law, if you are dissatisfied with the Services, do not agree with any part of this agreement or have any other dispute or claim with or against Ariel related to the Services or any Content, your sole and exclusive remedy is to discontinue use of the services. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy, and to the extent applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, the foregoing limitation may not apply to you. You acknowledge and agree that in the absence of this limitation of liability these Terms of Use would be materially different or you would not be granted access to the Website.

6.4. You agree to be responsible for any and all third party claims, liability, damages, and costs (including, but not limited to, solicitors’ fees, costs and expenses) against or incurred by Ariel that result from, arise out of or are in anyway connected with your breach of these Terms of Use, your negligence, wilful misconduct or your infringement, or infringement by any other person using your account, of any Ariel IP or other right of Ariel or any third party. Ariel shall have the right at its own expense, but not the obligation, to assume the exclusive defence and control of any matter subject to you being responsible for any liability, damages or costs, and you shall not in any event settle any matter without the prior written consent of Ariel. These Terms of Use are for the benefit of the parties and their successors, assigns, licensors and licensees. You covenant to cooperate fully in the defence of any claim.

6.5. You indemnify us from and against all liability, claims, loss or damage arising out of, or in connection with, the publication of User Generated Content on our website and our use of User Generated Content.

7. Termination

7.1. You are entitled to terminate any subscription with Ariel at any time by sending a Notice of Cancellation to admin@boostyourbd.com.au Upon terminating your subscription, you will have access to the Services up to the end of the Billing Period.

7.2. Subject to the terms of this agreement, should you terminate a subscription in accordance with clause 7.1, you forfeit any sums paid by you to Ariel. You will not be entitled to a full refund of the price you paid. Any repeat subscriptions cannot be the subject of a refund.

7.3. No part of any membership may be carried forward, and no credit will be given for the unused portion of any membership.

7.4. All benefits associated with your membership will expire when your membership expires. You will only be able to re-gain access to such benefits when you take out another membership.

7.5. Either party may terminate this agreement if the other party is in material breach of any of its obligations under this agreement and if the breach is capable of remedy fails to remedy the breach for a period of 30 days after receipt of a written notice by the other party requiring rectification of the breach.

7.6. Exercise of the right of termination afforded to either party under this clause will not prejudice the legal rights or remedies which either party may have against the other in respect of a breach of any term, condition or warranty of this agreement.

7.7. The obligations of the parties that by their nature could reasonably construed as being intended to continue to apply beyond the termination of this agreement will continue to apply.

8. Privacy

8.1. Ariel maintains a Privacy Policy that can be accessed on the Website. You will be taken to have accepted that policy when you accept these Terms of Use.

9. General

9.1. Amendments
The Content, the Services and these Terms of Use are subject to change and updating by Ariel and our affiliates, licensees, partners, agents and representatives at any time without prior notice. The changes may include superseding Terms of Use. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of any Services constitutes your acceptance of any change or update, all of which shall become controlling when posted.

9.2. Severability
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.

9.3. Waiver
A failure by either party to take action to enforce its rights does not constitute a waiver of any right or remedy under this agreement unless it is in writing signed by the party granting the waiver.

9.4. Governing Law
The Services along with all products and features are designed for personal and legal uses only. It is your responsibility to comply with all national, state and local laws, rules and regulations when using the Services. The laws of Victoria, Australia will govern these Terms of Use. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. The foregoing shall not preclude Ariel from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of Ariel’s intellectual property.