TERMS AND CONDITIONS OF USE

Empowering Bricklaying Businesses

TERMS AND CONDITIONS OF USE

1. Scope of Terms

1.1 The Terms include all statutory rights conferred on you that we are not capable of excluding, restricting, or modifying.
1.2 Our Privacy Policy is incorporated into the Terms, as are all policies published on the Website, including any Community Standards.
1.3 The Terms, as amended from time to time, apply to the exclusion of all prior discussions, representations, understandings and arrangements, and all conditions and warranties (written or oral, express or implied) and other representations (contractual otherwise) whether or not endorsed or delivered with or referred to in any correspondence or communication with us.
1.4 By accessing the Website, you are deemed to be bound by the Terms. If you object to any of the Terms, you should immediately cease using and accessing the Website.
1.5 We reserve the right to amend the Terms at any time without notice to you. You should regularly review the Terms. Your continued access of the Website constitutes your agreement to the latest Terms published.
1.6 A term or definition with a capital letter which is defined in clause 10, has the meaning given in clause 10.
1.7 The interpretation in clause 11 sets out the rules of interpretation for the Terms.

2. Use of the Website

2.1 We provides a community for parties working in the brick laying industry, including the offer of membership plans.
2.2 You acknowledge and agree that by accessing the Website, you will only use the Website for the Website’s intended purpose and you will not use it for any purpose that is unlawful or prohibited by the Terms.
2.3 Your use of the Website must not:
(a) be false, misleading or inaccurate;
(b) be deceptive or fraudulent;
(c) create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other users of the Website, our Members or any prospective Members;
(d) damage our credibility or reputation; and
(e) copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by the Terms.
2.4 In using the Website, you must not act in a way which may compromise the security or integrity of the Website, including but not limited to any attempt to breach our security protocols or obtain data stored on the Website.

3. Intellectual Property Rights

3.1 We own or have a licence to use all Intellectual Property Rights and Confidential Information subsisting in or arising in connection with the Website and they remain our property at all times. This includes but is not limited to any templates, guide or other resource or educational material made available through the Website (including videos).
3.2 You must only use the Website for your own personal use and for its intended purpose. You must not duplicate, adapt, modify, copy or publish any part of the Website (including all templates, guides or other resources or educational materials made available through the Website) or allow any other party to do so.
3.3 You indemnify and must hold us harmless against any Loss which we incur as a result of or in connection with a breach of clause 3.1 or 3.2.

4. Limitation of Liability

4.1 You use the Website at your own risk.
4.2 To the extent permitted by law, we make no representation and give no warranty or guarantee as to the suitability, accuracy, quality, performance or fitness for purpose of the Website and any implied warranties and conditions are hereby excluded. You acknowledge and agree that all such warranties and conditions are excluded.
4.3 To the extent permitted by law, we exclude all liability of any kind, however arising, for any Loss incurred by you connected with your use of the Website in any way, including without limitation for any defects or errors, inaccuracies or omissions on the Website.
4.4 You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from all Loss suffered by you or any other person relating to, or arising out of our provision of, the Website or the Terms.
4.5 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise and applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms or your use of the Website.
4.6 To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our sole option, to the cost of re-supply of the relevant services, or the amount paid by you to us in the month prior to the liability arising.
4.7 We are not liable for any direct or Consequential Loss or expenses suffered by you or any third party, however caused, including but not limited to, loss that you my experience as a result of submitting information to us or our use of your information.
4.8 Nothing in the Terms is to be interpreted as excluding, restricting, or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the use of the Website which cannot be excluded, restricted or modified.

5. Disclaimer

5.1 You acknowledge and agree that any of the information contained on the Website is general information only.
5.2 You acknowledge that:
(a) you have not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by us in relation to the Website or its use or application;
(b) you have not made known, either expressly or by implication, to us any purpose for which you require the Website, and you have the sole responsibility of satisfying yourself that the Website is suitable for your use; and
(c) that any information published on the Website is general information only, does not (and is not intended to) constitute legal or finance advice, may not be appropriate to your specific needs or circumstances and is not a substitute for professional legal, financial or other advice.
5.3 You should seek professional advice from suitability qualified professionals regarding your own specific needs.
5.4 We may include link to third party sites from the Website, we have no responsibility once you enter a third party site and you will be subject to their terms and conditions and policies.
5.5 We reserve the right to receive valuable consideration from third parties in relation to referrals made.
5.6 This disclaimer applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms or your use of the Website.

6. Indemnity

You fully indemnify and hold us and our related bodies corporate , officers, directors, agents, and employees harmless for any Loss, claim or damage of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and against any claims made by third parties arising out of or in connection with, directly or indirectly:
(a) any misuse of the Website;
(b) any misuse or unauthorised use or distribution or our Intellectual Property;
(c) any breach of the Terms including any Community Standards or other policies published on our Website;
(d) your violation of any law or of the rights of a third party; or
(e) any other Loss, claim or damage otherwise arising, directly or indirectly, from your use of the Website.

7. Security

Whilst we use best endeavours to maintain the security of the Website, we do not guarantee the security of the Website, our records, or your information. We disclaim all liability for any computer virus or technological problems that you suffer as a result of your use of the Website, or any Loss suffered due to any data breach or compromise/misuse of your data that is provided to us in connection with the Website.

8. No waiver

Failure by us to enforce any of the Terms should not be construed as a waiver of any of our rights here under or a waiver of a continuing breach.

9. Governing law

These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that jurisdiction in connection with all matters concerning these Terms. You may not object to the jurisdiction of any of those courts on grounds that it is an inconvenient forum or that it does not have jurisdiction.

10. Definitions

In the Terms:

(a) Community Standards

means any community standards or guidelines published by us on the Website from time to time that relate to the use of the Website or communication with other persons through the Website (as amended, removed or replaced by us in our sole discretion).

(b) Confidential Information

means all information, ideas, knowledge or communication of any kind (orally, in writing or through any other medium) provided by or on behalf of Brickies including in particular formulae, methods, know how, processes, and marketing or business plans, but excluding information that has entered the public domain other than as a result of a breach by you of your obligations under these Terms.

(c) Consequential Loss

means any loss, damage or costs incurred by a party or any other person that is indirect or consequential, as well as loss of revenue, loss of income; loss of business; loss of profit; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third-parties; loss of or damage to credit rating; loss of anticipated savings and/or loss of or denial of opportunity.

(d) Intellectual Property Rights

means any and all intellectual and industrial property rights anywhere in the world including but not limited to rights in respect of or in connection with trademarks, service marks, patents, designs, trade secrets, copyright (including future copyright) and analogous rights, and any associated goodwill, now or in the future, including any modifications or derivatives, and any right to register such rights, whether registered Intellectual Property Rights or unregistered and whether registrable or not.

(e) Loss

means any losses, liabilities, damages, costs, interest, charges, fines, penalties or expenses (including lawyer's fees on a full indemnity basis) whether direct, indirect, special, consequential or otherwise and includes Consequential Loss.

(f) Member

means a person who has purchased a membership plan offered by us, as described on our Website (regardless of whether such membership plan was purchased via our Website or by any other means, eg face to face or over the telephone).

(g) Privacy Policy

means the privacy policy available on the Website from time to time.
(h) We or Us means Brickies Network Pty Ltd (ACN: 668 755 977).
(i) Terms means these terms and conditions and any Community Standards or other policies published on our Website from time to time including our Privacy Policy (as amended, removed or replaced by us in our sole discretion).
(j) Website means the website hosted at https://www.brickiesnetwork.com.
(k) You or Your means you are accessing the Website pursuant to these Terms.

11. Interpretation

In the Terms, the following rules apply, unless the context requires otherwise:
(a) headings are for convenience only and do not affect the interpretation of the Terms;
(b) the singular includes the plural, and the plural includes the singular;
(c) any gender includes any other gender;
(d) reference to a person includes a natural person, corporation, partnership, association or other legal entity;
(e) reference to legislation includes that legislation as amended or modified or re-enacted;
(f) reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
(g) reference to a party to the Terms includes the party's successors, permitted substitutes and permitted assigns (and, where applicable, the party's legal personal representatives);
(h) reference to dollars or $ is to Australian currency; and
(i) reference to a right or obligation of any two or more people comprising a single party confers that right, or imposes that obligation, as the case may be, on each of them severally and each two or more of them jointly. A reference to that party is a reference to each of those people separately (so that, for example, a representation or warranty by that party is given by each of them separately).

March 2024