Bring Bring User Agreement

1.1. By using the Bring Bring software, related services including phone services or Bring Bring websites (Software), you agree to the terms of this User Agreement (Agreement).

1.2. Use of the Bring Bring software requires you to agree to these terms and Bring Bring may require you to explicitly confirm your agreement to this Agreement in order to continue to use the Software.

1.3. This Agreement is between the user of the Software (Customer or User or You) and with the provider of the software and Bring Bring website Bring Bring Pty Ltd (Bring Bring or the Company) and related entities.

1.4. Bring Bring reserves the right to review and change any of the terms of this Agreement (Terms) at its sole discretion. When Bring Bring updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms and may from time to time, require you to explicitly confirm your agreement to the Terms. Any changes to the Terms take immediate effect from the date of their publication or distribution within the software. Before you continue, we recommend you keep a copy of the Terms for your records.

2.1. Except as otherwise permitted by the Copyright Act 1968 (Cth) or agreed to in writing by Blitzm Systems Pty Ltd, the Customer must not reverse engineer, reverse compile, disassemble, remove, release, disclose, reveal, copy, extract, modify or otherwise reverse engineer all or any part of the Software or any documentation or data related to the Software.

2.2. The Customer represents, covenants, and warrants that the Customer will use the Software only in compliance with Bring Bring‚s published policies then in effect (Policies) and all applicable laws and regulations.

2.3. The Policies will form part of this Agreement.

2.4. Any act of the Customer or usage of the service that violates the terms and conditions or reasonable limitations of, the service providers or suppliers to Bring Bring that are utilised by Bring Bring (Suppliers) in providing the Software and related services, may result in the cancellation of services.

2.5. The Customer hereby agrees to indemnify and hold harmless Bring Bring against any damages, losses, liabilities, settlements and expenses (including without limitation costs and legal fees) in connection with any claim or action that arises from an alleged violation of the terms of this agreement or otherwise from the Customer‚s use of Software.

2.6. The Customer shall be responsible for obtaining and maintaining any equipment, hardware, devices and ancillary services needed to connect to, access or otherwise use the Software.

3.1. Bring Bring may publish Acceptable Use Policies or Fair Use Policies from time to time in relation to the Software in order to address unreasonable user of the Software.

3.2. All usage of the Software must comply with the relevant Bring Bring Acceptable Use Policy or Fair Use Policies. phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Bring Bring or any third party.

3.3.5. To access or search any part of the Service, or any other Service owned by Bring Bring other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.

3.3.6. To post, upload, share, or otherwise circulate content in violation of Bring Bring‚s content policy.

4.1. Bring Bring takes your privacy seriously and information provided through your use of the Software are subject to Bring Bring‚s Privacy Policy, which is available on the Website.

4.2. Bring Bring collects, stores, and processes your data in accordance with the Privacy Policy. The data is used to provide the Software to you, as well as to improve the Software and related services and to facilitate Bring Bring‚s business operations. The Privacy Policy outlines how your data is collected, stored, and processed by Bring Bring.

5.1. The Software and all of the related products of Bring Bring are subject to copyright. The material on the websites and Software is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Bring Bring or its contributors.

5.2. Bring Bring retains all rights, title and interest in and to the Software and all related services. Nothing you do on or in relation to the Software will transfer any:

5.2.1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

5.2.2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

5.2.3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

5.3. You may not, without the prior written permission of Bring Bring and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way any material within or part of the Software or related services for any purpose, unless otherwise provided by these Terms.

6.1. The Customer will at all times indemnify and hold harmless the Company and its officers, employees and agents in respect of any third party claim for any injury, loss, damage or expense occasioned by or arising directly or arising directly or indirectly from:

6.1.1. a breach by the Customer of its obligations under this Agreement;

6.1.2. any wilful, unlawful or negligent act or omission of the Customer.

7.1. Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, condition, warranty, right or remedy which is conferred on the Customer by the Australian Consumer Law (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of Bring Bring for a breach of a non-excludable guarantee referred to in this clause is limited to:

7.1.1. the supplying of the services again; or

7.1.2. the payment of the cost of having the services supplied again.

7.2. To the fullest extent permitted by law, all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied by legislation, the common law, equity, trade, custom or usage or otherwise relating to the provision by Bring Bring of the Software or related services or otherwise in connection with this Agreement are explicitly excluded.

7.3. To the fullest extent permitted by law, Bring Bring has no liability to the Customer for any acts or omission of any of Bring Bring‚s Suppliers or any faults or defects of their services or products.

7.4. Except in the case of death or personal injury caused by the Bring Bring‚s negligence, the liability of Bring Bring under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise, must not exceed the fees paid by the Customer to Bring Bring for use of the Software under this Agreement in the 12 months prior to the act that gave rise to the liability, in each case, whether or not Bring Bring has been advised of the possibility of such damages.

7.5. Notwithstanding any other clause in this Agreement, Bring Bring will not be liable to the Customer or to any other person for:

7.5.1. any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with this Agreement; or

7.5.2. any losses or damages of any kind caused by or resulting from any wrongful, wilful or negligent act or omission of the Customer, or any of their clients, officers, employees, agents or contractors.

8.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

8.2. Notice: A party to the Terms claiming a dispute (‚Dispute‚) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

8.3. Resolution: On receipt of that notice (‚Notice‚) by that other party, the parties to the Terms (‚Parties‚) must:

8.3.1. Within 90 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

8.3.2. If for any reason whatsoever, 90 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Disputes Centre or his or her nominee;

8.3.3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertaking to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

8.3.4. The mediation will be held in Melbourne, Australia.

9.1. Nothing in this Agreement limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law:

9.1.1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

9.1.2. Bring Bring will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.2. The Software may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third-party providers, or because of other causes beyond the Company‚s reasonable control, but the Company shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption. However, the Company does not warrant that the Software will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Software.

9.3. The Company does not warrant that the operation of the Software will be uninterrupted or error free or that any third party components of the Software, will be accurate or error free or that the Software will be compatible with any application, program, hardware, equipment or software not specifically identified as compatible by the Company.

9.4. The Company‚s obligation and the Customer‚s exclusive remedy during any period of paid use or paid subscription in relation the Software (Subscription Period) are limited, in the Company‚s absolute discretion, to:

9.4.1. The Company, at its own expense, using all reasonable endeavours to rectify any non-conformance of the Software by repair (by way of a patch, workaround, correction or otherwise) within a reasonable period of time; or

9.4.2. a refund of the Fees paid if, in the Company‚s reasonable opinion, it is unable to rectify such non-conformance within a reasonable timescale or at an economic cost, whereupon this Agreement will terminate.

9.5. The Customer acknowledges and accepts that it is the Customer‚s sole responsibility to ensure that:

9.5.1. the facilities and functions of the Software meet the Customer‚s requirements;

9.5.2. the Software is appropriate for the specific circumstance of the Customer and are within the laws and regulations of the Customer‚s jurisdiction.

9.6. The Company does not purport to provide any legal, taxation or accountancy advice by providing the Service under this Agreement.

10.1. The Software requires fees for the use of certain functions which include subscription fees and usage based fees (Software Fees) payable by the Customer to Bring Bring.

10.2. You agree to retain registration of a valid credit card with Bring Bring in order for the Software Fees to be automatically charged from you in accordance with any payment schedule or rules published by Bring Bring which includes charging Software Fees in advance.

10.3. You agree to be liable for payment of all accrued usage fees including those relating to incoming calls regardless of whether these calls are wanted or requested by yourself and it is your responsibility to monitor the usage of the service and cancel the service if the related fees are accruing at a greater rate than expected.

10.4. You acknowledge and agree that where a request for the payment of the Software Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Software Fees.

10.5. You agree and acknowledge that Bring Bring can vary the Software Fees at any time as long as those changes are published or communicated to you and that the varied Software Fees will come into effect in the following month.

10.6. Any failure of automated charges to your provided payment method or to pay in a timely manner can result in the cancellation of services or features within the Software.

10.7. Any amounts due for over 30 days (Overdue Fees) are subject to an interest charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service.

10.8. Any costs that Bring Bring may incur costs in recovering Overdue Fees from you, including but not limited to, costs of disconnecting services or legal costs related to recovering fees, may be recovered from you in addition to the Overdue Fees.

10.9. Where applicable, any goods or services tax, charge, impost or duty payable in respect of this Agreement or the supply of any goods or service made under or in respect of this Agreement and any other taxes, duties or levies will be paid by the Customer at the then-prevailing rate.

10.10. If the Customer believes that the Company has charged the Customer incorrectly, The Customer must contact the Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to the Company‚s customer support department.

11.1. Bring Bring will only provide you with a refund of Software Fees in the event they are unable to continue to provide the Services or Bring Bring makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Software Fee that remains unused by the Customer (Refund).

12.1. The Customer may cancel any subscription at any time such that if all relevant fees are paid, within up to 24 hours, no further usage fees will be accrued on the account and the services will be cancelled. Relevant fees include any usage fees accrued on the account and any subscription fees up to and including the current month of cancellation and any other Software Fees accrued.

12.2. Bring Bring may limit or terminate any services or features of the Software to you at any time by providing you 30 days notice in writing, for any reason and without liability.

12.3. The customer acknowledges and is aware that any cancellation or termination of services within the Software may mean that any phone numbers associated with the services may no longer be available for use by the Customer.

13.1. The Software offered by Bring Bring are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Software, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

14.1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia.

15.1. This Agreement is not assignable, transferable or sublicensable by the Customer except with the Company‚s prior written consent. The Company may transfer and assign any of its rights and obligations under this Agreement without consent.

16.1. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the Customer does not have any authority of any kind to bind the Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and legal fees.

17.1. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognised overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

18.1. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.