CONTACT INFO [email protected], LAST UPDATED: 16-02-2016

Definitions

• BAPNet is a collection of websites that are provided and serviced by Niche Digital Holdings Pty Ltd
• “Website” / “Site”= the root domain and all subdomains associated with bapnet.com.au
• Admins = the owners of websites licensed under a .bapnet.com.au subdomain
• Visitors / Users = members of the general public who visit websites at a .bapnet.com.au address

BAPNet is a website platform providing mechanics in Australia with an easy way to get business information up on the internet on their own website. BAPNet does not guarantee the accuracy of any information displayed on subdomains (operated by Admins) of the bapnet.com.au root domain. Niche Digital Holdings Pty Ltd are not liable for any misunderstanding between Users and Admins that may result from using this Site. BAPNet does not accept liability for any costs incurred by any Users through their use of the Website and it’s services. BAPNet relies on Admins to remain honest in their description of their businesses, products and offerings, and in dealing with Users.

Terms of Service

By visiting, signing up and/or using the Website and/or included services, you signify that you have read, understand, and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”). Please read these Terms of Service carefully; they contain important information about your legal rights and remedies. We reserve the right to modify these terms or any additional terms that apply to our Services, reflect changes in the law, or reflect changes to our Services. It is your responsibility to review the terms regularly. Modifications to these terms will be made on this page.

Eligibility

This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorised, and violates this Agreement.

Conditions

You are free to visit and use the Website and provided services and agree to abide by the following conditions

1. You will not use the Website or Services to partake in or support any illegal activities, in any jurisdiction.
2. You will not copy or distribute any part of the Website or Services in any medium without prior written authorization - this includes screenshots or duplication of blog contents.
3. You will comply with all conditions and terms in this Agreement, failure to do so will cause BAPNet to delete your account without notice or explanation.
4. You will not harvest any personally identifiable information, including but not limited to, names, profile pictures, contact details.
5. You will not use provided communication systems for any solicitation of commercial purposes, or unauthorised advertising or promotional materials. I.e., “Spam” or “Junk”.
6. You will provide accurate details on your Products and personal information to the best of your ability.

BAPNet maintains the right to monitor all activity on the Website and can, without notice or explanation remove users or products.

Liability

Business Websites

• When creating your Site, or submitting a product, you must provide true, accurate and complete information.
• You are solely responsible for the activity that occurs on your Site, and you must keep your password secure.
• You agree not to use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity.
• You must notify BAPNet immediately of any breach of security or unauthorized use of your Site.
• While BAPNet will not be liable for your losses caused by any unauthorized use of your Profile, you may be liable to others if your Profile is used in violation of these Terms of Service.
• Admins agree that BAPNet reserves the right to use any public information in your Site, this information may be used for internal or external, publicity, and/or marketing purposes. The content, including pictures or sound bites remain under the ownership of the Admin. BAPNet will never purposely share or distribute your personal, private details (such as your email address) to a third party.
• Admins understand that the information they provide will be available to other Users, and acknowledge that its accuracy is relied upon by other users.
• BAPNet may remove or edit any Site.
• BAPNet may refuse any individual access to the Site and its services.
• Users agree that third parties are not bound by this agreement. Therefore users will not assign any rights to third parties who have not accepted these terms.
• Users acknowledge that BAPNet does not form part of the contract between Users during the use of any Site.
• Users rely on the information provided on the Website at their OWN RISK. BAPNET DOES NOT VERIFY ANY INFORMATION ON SITES.
• BAPNET DOES NOT PURPORT TO VERIFY INFORMATION PROVIDED BY ADMINS, OR CONDUCT BACKGROUND CHECKS ON ADMINS. USERS AND ADMINS CONTRACT AND INTERACT WITH EACH OTHER AT THEIR OWN RISK.

Links

BAPNet may contain links to third party websites. BAPNet has no control over, or responsibility for these third party websites and will accept no liability arising from your use of any third party websites linked to BAPNet.

Privacy Policy

Information about how we gather and use User information is contained with our Privacy Policy.

Intellectual Property Rights

The content on BAPNet Website, including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein, are owned by or licensed to BAPNet, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BAPNet reserves all rights not expressly granted in and to the Site and the content.  You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or Service or the Content therein.

Agreement

These terms represent the entire agreement between BAPNet and its Users and ADMINS. No other agreement, statement, or promise made on or before the effective date of this agreement will be binding.

Users or ADMINS may not assign or transfer any of his or her rights under this agreement, or delegate the performance of any of his or her duties hereunder.

Nothing in this agreement constitutes an employment relationship between BAPNet and its Admins or Users.

Users and Admins agree to these terms by visiting BAPNet.

Governing Law

This Agreement will be governed by the laws of Australia without giving effect to any choice of law rules or principles that may result in the application of the laws of any jurisdiction other than Australia.

Limitation of Liability

IN NO EVENT SHALL BAPNET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF BAPNETS' SITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V), ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BAPNET SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

You agree to defend, indemnify and hold harmless BAPNet, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the BAPNet Site and Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of BAPNets' Site.

DISCLAIMER

YOU CHOOSE TO USE BAPNET SITE(S) AT YOUR OWN RISK