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Terms and conditions of use

1. Introduction

1.1

These terms and conditions shall govern your use of our BurnerConnect.com Software, Services, and Websites. From now on this will be referred to as simply "the services".

1.2

By using the services, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use the services.

1.3

If you register with the services, submit any material to the services or use any of the services, we will ask you to expressly agree to these terms and conditions.

1.4

The services uses cookies; by using the services or agreeing to these terms and conditions, you consent to our use of cookies.

2. Copyright notice

2.2

Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in the services and the material on the services; and

(b) all the copyright and other intellectual property rights in the services and the material on the services are reserved.

3. Licence to use the services

3.1

You may:

(a) view content from the services;

(b) download content from the services on your computer;

(c) print pages from the services;

(d) stream audio and video files from the services; and

(e) use the services as intended and advertised in marketing materials subject to the other provisions of these terms and conditions.

3.2

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the services.

3.3

Unless you own or control the relevant rights in the material, you must not:

(a) republish material from the services (including republication on another website);

(b) sell, rent or sub-license material from the services;

(c) show any material from the services in public;

(d) exploit material from the services for a commercial purpose; or

(e) redistribute material from the services.

3.4

We reserve the right to restrict access to areas of the services, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the services.

4. Acceptable use

4.1

You must not:

(a) use the services in any way or take any action that causes, or may cause, damage to the hardware or software or impairment of the performance, availability or accessibility of the services;

(b) use the services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use the services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the services without our express written consent;

(e) access or otherwise interact with the services using any robot, spider or other automated means other than what is provided by us BurnerConnect.com as part of the services.

(f) violate the directives set out in the robots.txt file for the services; or

(g) use data collected from the services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2

You must not use data collected from the services to contact individuals, companies or other persons or entities.

4.3

You must ensure that all the information you supply to us through the services, or in relation to the services, is true, accurate, current, complete and non-misleading.

5. Use on behalf of organisation

5.1

If you use the services or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity (unless the context requires otherwise).

6. Registration and accounts

6.1

You may register for an account with the services

6.2

You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.3

You must not use any other person's account to access the services

7. User IDs and passwords

7.1

If you register for an account with the services, you will be asked to choose a user ID and password.

7.2

Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3

You must keep your password confidential.

7.4

You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5

You are responsible for any activity on the services arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1

We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details,

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

9. Subscriptions

9.1

To become a subscriber to the services services, you must pay the applicable subscription fees

9.2

For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on the services in relation to your subscription type.

9.3

We may from time to time vary the benefits associated with a subscription by posting a new subscription description on the services, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you a pro rata amount of the fee paid in respect of your subscription, such amount to be calculated by us using any reasonable methodology.

9.4

At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed if and only if you have previously agreed, or your account will be suspended and data deleted. If your account is suspended your data may be deleted.

10. Fees

10.1

The fees in respect of the services services will be as set out on the website from time to time.

10.2

All amounts stated in these terms and conditions or on the services are stated

10.3

You must pay to us the fees in respect of the services services in advance, in cleared funds, in accordance with any instructions on the services.

10.4

We may vary fees from time to time by posting new fees on the services, but this will not affect fees for services that have been previously paid.

10.5

If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

10.6

If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c) an administration fee of USD 50.00

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.

10.7

If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

10.8

We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

11. Distance contracts: cancellation right

11.1

This Section 11 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

11.2

You may withdraw an offer to enter into a contract with us through the services, or cancel a contract entered into with us through the services, at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the contract is entered into,

subject to other sections of this agreement. You do not have to give any reason for your withdrawal or cancellation.

11.3

You agree that we may begin the provision of services before the expiry of the period referred to in Section 11.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:

(a) if the services are fully performed, you will lose the right to cancel referred to in Section 11.2;

(b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 11.

11.4

In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 11, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

11.5

If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 11, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 11.

11.6

We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

11.7

We will process the refund due to you as a result of a cancellation on the basis described in this Section 11 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

12. Your content: licence

12.1

In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or the services for storage or publication on, processing by, or transmission via, the services.

12.2

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this services and any successor services / reproduce, store and, with your specific consent, publish your content on and in relation to the services.

12.3

You grant to us the right to sub-license the rights licensed under Section 12.2.

12.4

You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2.

12.5

You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

12.6

You may edit your content to the extent permitted using the editing functionality made available on the services.

12.7

Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

13. Your content: rules

13.1

You warrant and represent that your content will comply with these terms and conditions.

13.2

Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

13.3

Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence, in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

14. Report abuse

14.1

If you learn of any unlawful material or activity on the services, or any material or activity that breaches these terms and conditions, please let us know.

14.2

You can let us know by email or by using our abuse reporting form.

15. Limited warranties

15.1

We do not warrant or represent:

(a) the completeness or accuracy of the information published on the services;

(b) that the material on the services is up to date; or

(c) that the services or any service on the services will remain available.

15.2

We reserve the right to discontinue or alter any or all of the services services, and to stop publishing the services, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services, or if we stop publishing the services.

15.3

To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, the services and the use of the services.

16. Limitations and exclusions of liability

16.1

We will not be liable to you in respect of any losses arising out of use of the services

16.2

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

16.3

We will not be liable to you in respect of any loss or corruption of any data, database or software

16.4

We will not be liable to you in respect of any special, indirect or consequential loss or damage

16.5

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the services or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

16.6

Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the purchase or subscription price paid

17. Indemnity

17.1

You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a) any breach by you of any provision of these terms and conditions; or

(b) your use of the services.

18. Breaches of these terms and conditions

18.1

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the services;

(c) permanently prohibit you from accessing the services;

(d) block computers using your IP address from accessing the services;

(e) contact any or all your internet service providers and request that they block your access to the services;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on the services.

18.2

Where we suspend or prohibit or block your access to the services or a part of the services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

19. Third party websites

19.1

The services includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

19.2

We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

20. Trade marks

20.1

Our product names and our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

20.2

The third party registered and unregistered trade marks or service marks on the services are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

21. Variation

21.1

We may revise these terms and conditions from time to time.

21.2

The revised terms and conditions shall apply to the use of the services from the date of publication of the revised terms and conditions on the services, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of the services from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using the services.

22. Assignment

22.1

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

22.2

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

23. Severability

23.1

If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

23.2

If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

24. Third party rights

24.1

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

24.2

The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

25. Entire agreement

25.1

Subject to Section 16.1, these terms and conditions, , shall constitute the entire agreement between you and us in relation to your use of the services and shall supersede all previous agreements between you and us in relation to your use of the services.

26. Law and jurisdiction

26.1

A contract under these terms and conditions shall be governed by and construed in accordance with Australian law.

26.2

Any disputes relating to a contract under these terms and conditions shall be subject to the jurisdiction of the courts of Australia.

27. Statutory and regulatory disclosures

27.1

We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on the services. We recommend that you consider saving a copy of these terms and conditions for future reference.

27.2

These terms and conditions are available in the English language only.

28. Our details

28.1

The services are owned and operated by BurnerConnect.com

28.2

We are registered in Canada

© 2018 BurnerConnect.com. All rights reserved. | Terms & Conditions

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