Building Interactive Pty Ltd – Conditions of Use for “Users”

  1. Terms

By accessing the Building Interactive Platform Pty Ltd (Platform) and using the Services of the Platform offered by BI through any device or mobile applications and its (“Services”), the person or organisation entering into these Terms as a User of the Platform or Services, together with all individual Users accessing the Platform or Services on that person’s behalf (together, “you” or “Users”) accept and agree to be bound by these terms of use (“Terms”). Users may only use the Platform or Services in accordance with these Terms. All rights not expressly granted to Users in these Terms are reserved by BI.

These Terms are a legal agreement between a person and or your organisation, or you personally where you are an employee of the organisation, (each “you” or “your”) and us, and by logging in to use the Platform or Services, you agree to be bound by these Terms, so you should read these Terms carefully before logging in to use the Platform and Services. If you do not agree, please do not proceed to access the BI platform.

  1. Definitions

“Software Platform” (Platform) The Software Platform is owned and hosted by BI.

“Users” Any person who access or use the Platform or Services offered.

“Services” Any functions that may relate to or support the Platform.

“Hosted Services Agreement” The agreement that the client or organisation has entered into.

“Content” All information of any kind that can be stored or sent on the Platform (including advertising, videos, blogs, advertising, media, comments, audio, trademarks, logos and publishing)

  1. Non-Compliance with these Terms

If a User does not comply with these Terms, BI may, at its discretion and with or without notice, cancel or suspend that User’s account and refuse access to the Platform and its Services to that User.

  1. Amendments to Terms and Services

BI reserves, the right to amend or update these Terms and the Services it provides at any time with or without notice to Users and may also add new features that will be subject to the Terms. Any User who continues to use the Platform or Services after any changes have been made will be taken to have agreed to those changes. Users should therefore check these Terms regularly. New versions of these Terms will be dated according to the date on which they took effect.

The BI Platform may change depending on Apple’s and Google’s Terms and their changes, some functionality maybe be enhanced and some made redundant depending on the Terms provided by Apple and Android.

 

  1. Personal Information

In order to access and use the Services, Users will need to be 13 years or older be a natural person, as accounts, User logins may not be registered or accessed via bots or other automated methods; and provide certain information about themselves, including a full legal name and email address, mobile phone number, biometric or other personal information (as prompted by BI) (“Personal Information”). All Users agree to provide true, accurate, current and complete Account Information, and to maintain and promptly update their Personal Information in order to ensure that it remains true, accurate, current and complete.

  1. CHILDRENS ONLINE PRIVACY PROTECTION ACT Compliance and Non-Applicability Statement.

The Children’s Online Privacy Protection Act applies to the online collection of personal information from children under the age of 13. BI does not collect any personal information about children under the age of 13. Children under the age of 13 are not authorized to access or use our Platform without the direct involvement of a parent or legal guardian. Personal information about the parent or legal guardian may be collected in accordance with this privacy policy. Any personal information about children under the age of 13 that is inadvertently collected will be purged immediately upon discovery of such information. If you have reason to believe that any personal information about children under the age of 13 has been transmitted to BI, immediately send an e-mail to info@visitorinteractive.com.au reporting this transmittal of information. We will endeavour to purge any such information as soon as possible. If you are a parent or legal guardian of a child under the age of 13 and you have reason to believe that your child has accessed our site in violation of our policies, you should also contact us at info@visitorinteractive.com.au so that we may audit our records in order to remove your child or protector’s personal information from our records.

  1. Responsibility

Each User will be responsible for all activity that results from its use of the Platform or Services. BI disclaims any and all liability in relation to each User’s use of the Platform or Services, and will not be held accountable if a User suffers any loss or damage as a result of its use of the Platform or Services, including (but not limited to) any loss or damage resulting from: any downgrade of the Platform or Services that or Users may opt for through the Platform or Services; and the cancellation of any User’s account.

  1. BI Platform and Services are provided “as is”

The Platform and Services are provided on an “as is” and “as available” basis, and your use of them is at your sole risk. BI does not warrant that: (a) the Platform or Services will meet your specific requirements; your safety or security while at the building; (b) your whereabouts at a building (c) the Platform or Services will be uninterrupted, timely, secure, or error-free; (d) the results that may be obtained from the use of the Platform or Services will be accurate or reliable; (e) the quality of any products, advertising, services, information, or other material purchased or obtained by you through the Platform or Services will meet your expectations; or (e) any errors in the Platform or Services will be corrected. You acknowledge that BI may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Platform or Services. The acts and omissions of those third party suppliers may be outside of BI control, and BI does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier. On behalf of itself and such third party suppliers, BI excludes any other warranties that may be implied or otherwise apply under statute or otherwise under applicable law, to the maximum extent permitted by law.

  1. Liability

BI shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BI has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Platform or Service; (b) the cost of procurement of a substitute Platform and or Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Platform or Services; (c) unauthorised access to or alteration of your transmissions or data; (d) statements or conduct of any third party regarding the Platform or Services; or (e) any other matter relating to the Services. BI will be subject to no relevant User liability under the Terms of condition of use. BI specifically shall not be responsible for any failure of the Platform or Services to issue a pass or to send a message to a User in any circumstances. From time to time, such actions may fail and, or be disrupted which may lead to a failure of the Platform or Services to be provided. BI’s Platform is not a replacement for security or emergency systems installed into any building.

  1. Indemnity

Each User indemnifies, and will keep indemnified, BI against all forms of liability, actions, proceedings, demands, costs, charges and expenses which BI may incur or be subject to or suffer as a result of the relevant User’s use of the Platform or Services.

  1. Responsible Usage of the Platform

Uses are responsible for their actions on the Platform. If you act recklessly or irresponsibly in your use of the Platform or your actions endanger any person or the integrity or security or availability or performance of the platform, your access may be restricted, suspended or terminated, without prior notice.

Uses may not use the Platform to send messages to Authorised Users that are: unrelated to the functional usage of the platform i.e. marketing, promotions, advertising; unrelated to the functional usage of the Platform. Authorised Users may have selected options in preferences to receive messages other than those that are related to the functional usage of the Platform.

Users activities and downloads that cause excessive demand on the Platform may have services suspended.

Users must not post content that contains personal information about you or another individual (including identifying information, email addresses, phone numbers or private addresses) on the Platform; use the Platform for any illegal or offensive purpose, or to retrieve, store, manipulate, process, transmit, display or forward any Content that is illegal or offensive;

  1. No Illegal Use on the Platform

No User may use the Platform or Services for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person, entity or organisation, violate any law, statute, ordinance or regulation.

  1. No Malicious Use on the Platform

Users may only access the Platform and Services through the interface provided by BI, and must not use the Platform or Services for any malicious means, or abuse, harass, threaten, racial discrimination, intimidate or impersonate any other User accessing the Platform or Services.

  1. Branding

No User may publish or use BI’s brand, branding or logos except with BI’s prior written consent on the Platform.

  1. Computer Hardware

BI does not warrant the suitability, safety or performance of any computer hardware, stands, wireless devices or any other equipment being supplied to Users.

  1. Technical Support and Malfunctions of the Platform

BI will try to promptly address (during normal business hours) all technical issues that arise on the Platform or in connection with the Services. However, BI will not be liable for any loss suffered as a result of any partial or total breakdown of the Platform or any technical malfunctions resulting in an inability to use the Platform or Services (either in whole or in part). You agree that BI’s support team may access your account from time to time in order to diagnose and fix problems.

  1. Push Notifications and Email Usage on the Platform

The BI Platform has the ability to Push Notifications and Emails. Push Notifications and Emails when set to active will provide a User the ability to send and receive Push Notifications and Emails. The Host of the notification will receive the notification (if within the notification area) via a Push Notification or Email to their own mobile phone or email address and has the permission to respond to the User via Email.

  1. Content on the Platform

The Platform may offer features that allow Users to post Content and communicate with others (including other Users). By submitting any Content on, to, or through the Platform, you understand and agree that:

You are responsible for your Content. You must: (i) use your best efforts to ensure Content is accurate and up to date; and (ii) ensure your Content is not misleading, complies with all applicable laws, regulations and codes of conduct and does not infringe any third party intellectual property or other rights.

Your Content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, discriminatory, invasive of another’s privacy or similarly inappropriate.

Your Content must not violate any applicable local, state, national, or international law.

You must have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the Platform and these Terms.

You must not use the Platform to send Content to Users that is unrelated to the functional usage of the Platform (i.e. marketing, promotions or advertising).

It is your responsibility to immediately remove any of your Content that does not comply with this section

We are not responsible for any Content posted by third parties on the Platform (including by Users) and we have no obligation to monitor the Content posted. Nevertheless, we may monitor or review any third party Content as we choose and we reserve the right without notice or refund to suspend, alter, remove or delete your Content or to disclose to the relevant authorities any of your Content, without any liability to you. If so, you must not attempt to re-publish or re-send the relevant Content.

You use and, or rely on any Content provided by other Users at your own risk. We are not in any manner endorsing the Content that Users post and cannot and will not vouch for its accuracy or reliability. We do not accept responsibility if your Content is misused by other Users or third parties as this is outside our reasonable control.

You retain ownership of any Content you publish on the Platform. You grant us a non-exclusive, irrevocable, fee- free licence (including the right to sublicense) to use, modify, store, duplicate and reproduce such Content for the purpose of operating the Platform, providing support services for the Platform and for all other related purposes as reasonably determined by us. You also grant each User a licence to use your Content to the extent permitted by the functionality of the Platform and these Terms.

We may use and disclose to third parties’ data relating how you use the Platform provided that we have removed any personally identifying information about you from that data, or have combined it with other data of other Users in such a way that it no longer personally identifies you.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Platform (“Submissions”) that you provide us are non-confidential and shall become BI’s sole property. BI shall own the intellectual property rights in, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  1. Our Content

Any Content which we ourselves or other Users make available on the Platform is intended for general guidance. While every effort is made to ensure that it is accurate and up to date, we cannot guarantee this. We do not accept legal responsibility for such Content. Before acting on it, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on the Content at your own risk.

All trademarks, logos, content (including the Platform’s structure and layout), graphics, images, photographs, animation, videos, text and software used on the Platform is IB’s intellectual property or that of our partners. You may only access and use such material in accordance with the Terms of these Terms.

  1. Transactions on the Platform

The Platform may offer features that allow you to purchase goods and services from the Administrator or Administrators’ authorised suppliers (“Transactions”), and that the contract for each Transaction will be formed directly between you (as purchaser) and the Administrator or Administrators’ authorised supplier (as seller). You acknowledge that BI has no responsibility or liability in respect of any Transaction, and that you will resolve, with the relevant seller, any dispute that may arise in relation to any Transaction.

The Platform may offer features that allow you to participate or facilitate the sale of goods or services to other Users (“Transactions”), and that the contract for each Transaction will be formed directly between the parties that provide the goods or services (as seller) and the relevant User or (as purchaser). You acknowledge that BI has no responsibility or liability in respect of any Transaction, and that if you are a party to a transaction as a seller you will directly resolve, with the relevant purchaser, any dispute that may arise in relation to any Transaction.

You may not use the Platform to promote and/or sell goods and services that: violate any applicable local, state, national, or international law; relate to illegal or restricted goods and services; that promote hate, violence, racial intolerance; that are considered obscene;           that infringe or violate any third party intellectual property or other rights right under the laws of any jurisdiction; are identified by government agencies to have a high likelihood of being fraudulent; and involve gambling, gaming and/or any other activity with an entry fee and/or prize.

  1. Security & Privacy

BI’s Privacy Policy can be obtained on the BI website www.buildinginteractive.com

Users are responsible for maintaining the security of their account and password for the Platform. BI will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure. BI makes efforts to keep content uploaded by Users secure, but will not be liable for any loss or damage that may result from any breach of security, or any unauthorised access or use of that content. BI recommends that you change your passwords monthly to keep your security high, since all data on the system is live and a breach or change can impact your service immediately.

BI will use reasonable efforts to protect the Users Content that is under our care and control from any misuse, loss and unauthorised disclosure, through use of industry accepted security methods and technology designed to protect systems against malicious code. BI will not be responsible to the User for unauthorised access to any of your Content or the unauthorised use of the Platform. BI will use reasonable efforts to meet our security obligations to protect your personal information. The User is responsible for the use of the Platform by any person to whom you have given access to the Platform, and any person who gains access to your Content or the Platform as a result of your failure to use reasonable security precautions, even if such use was not authorised by you.

Your Content will only be available to you during the period that you continue to be a registered User of the Platform using the functionality provided on the Platform for this purpose. Except to the extent otherwise required by law, you acknowledge we have no obligation to provide your Content to you after your right to use the Platform ceases. We will retain one copy of your Content for our verification records to ensure compliance with these Terms, applicable laws, and for our own quality assurance, record keeping and audit purposes.

  1. Intellectual Property

All Users agree that BI owns all of the intellectual property rights existing in the Platform and Services. However, BI claims no intellectual property rights in relation to the information or content uploaded to the Platform by Users.

All Users must not (or authorise any person to):

Use, copy or reproduce the Platform except as expressly authorised under these Terms; create a derivative of, or modify, the Platform; cause or permit reverse compilation or reverse assembly of the Platform, except as expressly provided by applicable law; integrate or link the Platform with other software; use the Platform to compete with us; use your knowledge of, or access to, the Platform to assist any third party to develop any software, products or services that compete with any of our software, products or services; obscure any information displayed on the Platform, re-brand the Platform, or do anything that creates, or may create, any impression that you have any ownership, control or distribution rights in relation to the Platform.

  1. Act of God

Neither you nor BI are liable for failure to perform or delay in performing any obligation (excluding payment) under these Terms if the failure or delay is caused by any circumstances beyond your or our reasonable control including third party telecommunication failures.

  1. Suspension and Termination of the Platform or Services

Should BI suspect that (i) your usage of the Platform poses a reasonable threat to the Platform, to us or to other Users; or (ii) you are in breach of these Terms, then we may suspend your right to use the Platform or Services without notice or liability until such time as the threat is determined to be removed or the breach is rectified.

BI may at any time without cause immediately determinate these Terms including your right to use the Platform or Services.

Following termination of these Terms, your registration for and right to use the Platform will immediately cease. Accrued rights and liabilities are unaffected. All clauses in these Terms which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use the Platform or Services if we have given you notice of termination.

Access to the BI Platform could be limited or suspended if the User fails to pay their license fees as specified in the Payment Terms.

  1. Changes to these Terms

We reserve the right to change these terms or to modify any features of the Platform at any time. The current version of the terms will always be posted on this website. By registering on or continuing to use the Platform after the posting of such changes, you agree to be bound by the changes.

  1. Governing Law and Jurisdiction

These Terms shall be governed by Australian law, and all Users submit to the exclusive jurisdiction of the courts of Victoria Australia for any matter or dispute arising in relation to these Terms.

Disclaimer

You acknowledge that BI are not required to provide you with any documentation or services of any kind with respect to the Platform (including for example software support services, training services and/or telephone assistance), except as expressly set out in these Terms.

BI do not make any representations regarding, nor do we endorse the accuracy, completeness, timeliness, or reliability of any advice, service, opinion, statement, or other material or database displayed, uploaded, or distributed on or through the Platform or available through links on the Platform. BI reserve, the right to correct any errors or omissions on the Platform. Inclusion of any linked website on the Platform does not imply approval or endorsement of the linked website by us. When you access these third-party sites, you do so at your own risk.

Under no circumstances will BI be responsible or liable for any loss or damage resulting from your use of the Platform (inclusive always of the services comprised in or provided through the Platform), the Transactions, the

Content made available through the Platform (including by Users), or from the conduct of any Users of the Platform, whether online or offline. The Platform is made available to you “as is” and “as available”, without warranty of any kind (except for any warranties implied by law that cannot be excluded). We do not warrant that the Platform, or Content made available through the Platform, will be uninterrupted, secure, error-free, correct or available in a timely manner. In particular, we expressly disclaim all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. We cannot guarantee and we do not promise any specific results from use of the Platform. Nothing in these Terms will be construed as excluding liability where precluded by law.

You acknowledge that our liability in relation to any warranty or condition implied into these Terms by law which cannot be excluded, is limited to one or more of the following at our option (a) in the case of goods, the replacement or repair of the goods or payment of the cost of having the goods replaced; or (b) in the case of services, the supply of the services again or payment of the cost of having the services supplied again.

Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses,” or other destructive materials to the Platform, we do not guarantee or warrant that the Platform, the Content or materials that may be downloaded through the Platform do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the Platform or any Content made available through the Platform, you do so solely at your own risk.

You will indemnify us against all loss, cost, damage or expense (including our legal costs and associated costs of investigations and enforcement) directly or indirectly related to your use of the Platform and/or breach of these Terms.

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