Terms and Conditions of Subscription
General terms: By signing this Agreement Big Rock Digital and its service suppliers, “Big Rock”, “we”, “us”, “our”) agrees to supply online services as contained and more particularly described on our Site www.bigrockdigital.com.au (the “Service”) to the Subscriber (“Customer”, “Business”, “you”, “your”) and Your Contacts.
Copyright: Information obtained from us has been produced by our own resources and at times supplied freely from the public domain or with consent from third party professionals or organisations.
Subscription Term: The Service will be for an initial period of twelve months or as otherwise agreed and it commences from the date of signing. After that it will be automatically renewed for successive subscription periods (either annually or monthly depending upon the Payment option you nominate) unless terminated by us or you by written notice to the other party at least 30 days before the expiry of the relevant subscription period. Any cancellation notified during the relevant subscription period will only become effective as at the next renewal date and no refunds for any prepaid Fees will be made.
Payment: You agree to pay to us the Fees payable for the Services that you have selected at the agreed payment frequency until this contract is terminated, either via automatic direct debit authority from your nominated bank account or by credit or debit card or via Bartercard. Your payments will be collected by Big Rock Digital Pty Ltd (ABN 12 619 781 083) and will be credited to their nominated bank account. We will suspend access to the Service if payment is not made. Should there be any arrears in payments you authorise us to debit the outstanding balance in order to bring the account up to date. Where any portion of the subscription payment due is outstanding, we shall be entitled to forthwith suspend access to the Service without prejudice to its right to enforce payment of the overdue amount but shall upon payment by you of such unpaid overdue amount restore access to the Service. At any time, we are entitled to change the level of Fee payable for the Service and shall give you not less than 30-days written notice of any change in the Fees payable.
Currency and GST: All prices are Australian currency and GST exclusive unless otherwise stated.
Business: You confirm that you are a business and that this subscription is entered into with us as a business to business (B2B) transaction and that the Consumer Guarantees Act or equivalent consumer protection legislation does not apply.
Social Media, Newsletter, Sales Campaigns, Content Library, Contact Surveys (“Products”): You acknowledge that upon us emailing you the Products preview, (‘Previews”) containing the proposed content we intend to send to your contacts on your behalf, if you do not reply to these Previews advising us of any changes, we shall proceed to forward the content in its presented state to your Contacts. Furthermore, it is for you to advise us if you do not receive the Previews email each month.
Your Contacts and Their Inferred Consent: It is your responsibility to add new contacts to your Contacts database list and to advise us of any Contacts you would like removed from the list. You acknowledge and confirm that all addresses you provide us to send the Products to are business contacts of yours and you have each of the contacts Inferred consent as defined by the Spam Act 2003 – see summary description here and full Spam Act 2003 here: www.bigrockdigital.com.au/spam. We shall, as required by law, automatically remove any of your contacts who Unsubscribe from your list and by doing so they will no longer receive any Products from us on your behalf.
Delivery Estimates: Big Rock makes every effort practical to ensure that delivery time frames given are accurate. However, the delivery times stated for Products assume that the electronic and hard copy stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforeseen events. By signing this Agreement, you agree not to hold Big Rock liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
Law: These Terms and Conditions of Subscription are governed by and will be construed in accordance with the laws of Queensland, Australia and you submit to the jurisdiction of the courts of Queensland, Australia.
Disclaimer: The Products make certain information and material available to you as a Service, either through us, our suppliers, and our associated entities or otherwise. You acknowledge that we do not offer any opinion with respect to the nature, potential value or suitability of any particular transaction or strategy. Use of information contained in the Service is at your own risk and we are not responsible for any adverse consequences arising out of such use. The material provided in the Service has not been prepared by taking into account the particular objectives, situation or needs of you or any individual user.
Limitation of Liability and Indemnity: Although reasonable care has been taken to ensure the facts stated in the Service and Products are accurate and the opinions given are fair and reasonable, we do not give any warranty of accuracy, reliability or fitness for any purpose of the information contained in the Products to you or any other person. To the fullest extent permitted by law, we exclude all responsibility and liability in relation to the Service and we shall not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special, or loss of profits). You will take all necessary action to defend and indemnify us, its officers, employees, contractors and associated entities against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from a breach by you of any of these Terms of Subscription or the Privacy Statement. In the unlikely event that you suffer any loss or damage in connection with the use of this Service our aggregate liability to you and that of our employees, agents and contractors (whether in contract or tort, including negligence) on account of all defaults or other breaches arising from the provision of this Service during each subscription period shall be limited to the amount that you have paid to us to use this Service during that period. While care has been used in analysing the information, we give no warranty that the information supplied is free from error. We shall not be liable for any loss suffered through the use, directly or indirectly, of any information, product, or service provided.
Consequential Loss: In no circumstances are we, our employees, agents, contractors and associated entities liable to you for accidental, indirect, special or consequential damages whatsoever (including loss of profits) even if we have been advised of, knew or should have known of, the possibility of such loss or damage. We encourage you to exercise discretion while browsing the Internet using this Service. We are not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in the Service and Products.
Other: For legal purposes, and without limiting any other provision of these Terms and Conditions of Subscription, the covenants of the contact contained in these Terms and Conditions of Subscription are given for the benefit of Big Rock and each of its employees, agents, contractors and associated entities and are enforceable at the suit of any such person. If any provision of these Terms and Conditions of Subscription is held to be unreasonable, invalid or unenforceable for any reason, that will not affect the validity of the other Terms of Subscription which will continue to be of full force and effect. We may change the Service or these terms at any time. If you use the Service after we have posted the changes you will be bound by the new terms.
Contact: If you have any questions, concerns or complaints in relation to the Site, the Service or these Terms and Conditions of Subscription please contact us via the following details: Big Rock Digital Pty Ltd, [email protected], Ph: 1300 908 908.