Terms of Use

Trading terms and conditions of Build Live Give ABN 71 151 465 208

These terms and conditions regulate the business relationship between you and us. When you buy from us, you agree to be bound by them.

Please take the time to read these terms and conditions.  By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.


If you purchase products through our Website, there will be additional terms and conditions relating to the purchase.  Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

In this agreement:

“Consumer” means any natural person who accesses Our Website or purchases products or Services from us;

“Content” means any material in any form published on Our Website, any social media account operated by or linked to us or any third party platform, by us or any third party with our consent.

“Confidential Information” means trade secrets; computer hardware, applications and software programs; audio or visual recordings in any format; training material in any format; specifications, templated, general design or layouts; financial or accounting information; client or supplier data and details; market research, research and development materials; together with any information or material that BuildLiveGive or our associated entities in the future may indicate is confidential, or which may be apparent is confidential; and our internal business processes and procedures, unless:

(a) that confidential information is transferred to the public domain through no fault or action of yours;

(b) we give you written authority to release it; or

(c) you are required by a legal process to disclose that information and have provided notice to us of that obligation.

“Our Website” means the entire computing hardware and software installation that is or supports Our Website.

“Material” means Content of any sort posted by you on Our Website

“Services” means any of the services we offer for sale on our Website and include generally available updates and support services so far as specified for each service.

“Terms and Conditions” means these terms and conditions

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.


Use


The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.


If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.


Passwords and logins


You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Price, payment and service provision

All prices listed on Our Website are USD.

  1. It is possible that the price may have increased from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.
  2. You agree to pay the monthly charge for the Services from the credit card you have or will have supplied to us. You authorise us to arrange withdrawal of funds from that account each month without further reference to you. You undertake to keep your payment details up to date and notify us of any changes in a timely manner.
  3. Payments are billed in advance on the same day as your initial order each month. If you have elected an annual subscription, payment will be billed on the date of your order and on the annual anniversary of your purchase date. You will receive notice 30 days prior to your date of annual renewal.
  4. Our Services may be provided by email / made available for you to download / in the way we have explained in our Website.
  5. If we are not able to provide your Services within [10] days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
  6. Once Service provision has started, you may cancel the Services at any time on giving us 21 clear days notice. Payment will be due until the expiry of the notice period.
  7. We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.
  8. If we change the nature or provision of the Services, you may terminate this contract.
  9. If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
  10. We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.

Refund Policy

We do not offer refunds if you change your mind about using our Services. Most products and Services are digitally delivered instantly so you have the full benefit of our Services straight away. Refunds will only be provided in compliance with Australian Consumer Law. We also reserve the right to refuse service jobs in which case we will promptly refund your payment within one working day.

Cancellation of order

Most products and Services are digitally delivered instantly so we do not offer refunds if you change your mind about using our Services.

  1. Recurring transactions can be cancelled at any time by submitting a request at paul@buildlivegive.com
  2. Service jobs can be cancelled before we commence work. If you wish to cancel a service job after we have commenced work you will be charged a reasonable fee for the work completed up until the notice of cancellation.
  3. This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the Services to you.


Indemnification for loss or damage


You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.


Intellectual property and copyrights


We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services.

Once you stop using Our Website or Services or upon earlier demand, you agree to return to us any of our Confidential Information that is in your possession or control, including destroying all electronic files, applications and software stored on your equipment.

  1. Any disclosure of Confidential Information may result in immediate termination of your access to Our Website or Services and prosecution for damages resulting from that breach.
  2. We will defend the intellectual property rights in connection with Our Website and Services including copyright in the Content and Material whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

 

  1. Except as set out below, you may not communicate, copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
  2. You may not use our name or logos or trade marks or any other Content on any website or other medium of yours or that of any other person without our express written permission.
  3. You may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

Trademarks

The trademarks and logos contained on this Website are trademarks of Build Live Give.  Use of these trademarks is strictly prohibited except with Our express, written consent.


Links to external websites


This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites. You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.


Limitation of Liability


We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  Further, all of our Services are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.


Information Collection


Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.


Confidentiality


All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in Melbourne.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.