Bijingo Terms of Sale

BIJINGO PTY LTD – Australian Business Number 65 114 344 053 (“Bijingo”) provides a comprehensive software as a service Project Management solution via the web.

Your use of the Service (as described below) and your subscription/ payment of our software is governed by the terms and conditions set out below (“this Agreement”). This Agreement forms a binding legal agreement between you and Bijingo. You should read the terms and conditions of this Agreement carefully.

Without limiting the way in which you may be bound by this Agreement, by signing a document agreeing to be bound by this Agreement, by clicking a button on your computer screen including your acceptance of this Agreement, or by proceeding to subscribe to our software, you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.

 

Definitions

  • (“Our Service”) providing You access to the Bijingo hosted service enabling You to utilize the Bijingo applications in accordance with Bijingo Terms and Conditions of sale.
  • (“Production Instance”) the currently available Bijingo environment You access to obtain our Service.
  • (“Bijingo Hosted Service”) providing You Our Service from the Hosted Service Computer Facility via the internet

 

The Bijingo Service

Bijingo will provide you with the following (“Our Service”):

  • A secure payment facility to enable you to pay for your subscription(s) to our software via MindVision, Inc. d/b/a eSellerate (“eSellerate”).
  • The provision of a receipt in respect of the payments you have made.
  • The supply of you access to a “Production Instance” of “Our Service” via ‘Bijingo Hosted Service”

Bijingo may refuse to sell or supply any services to you at any time in its sole and absolute discretion including, without limitation, where you use the Service in an illegal, fraudulent, offensive or unethical manner or make any use of the Service which in Bijingo’s sole opinion is likely to bring Bijingo into disrepute or to impact the use of the Service by Bijingo’s other customers.

Conditions of Sale

The following conditions apply to the sale and use of our services

  1. Account subscription(s) must be paid for by credit card or other alternate payment methods offered by Bijingo from time to time. A purchase will not be processed unless you correctly provide all information requested by Bijingo at the time of purchase.
  2. In addition to the price you pay for your subscription(s), you may be required to pay certain fees and charges which Bijingo imposes from time to time including, without limitation, any maintenance or support charges.
  3. GST and other taxes may apply to the sale/purchase/payment of subscription(s). Unless otherwise stated at the time of payment, the prices of subscription(s) will be inclusive of GST and other applicable taxes.
  4. There is no refund or exchange on any account subscription(s) except as required by law. If a refund is made, Bijingo may, to the extent permitted by law, retain any processing or other fees and charges which Bijingo has been charged.
  5. You may cancel your Account subscription(s) at anytime during the agreed period.
  6. You must not, without the prior written consent of Bijingo, resell or offer for sale any of our software you have subscripted to. You cannot resell Account subscription(s) on an online auction site. If a subscription(s) is sold or used in breach of this condition, the account may be cancelled without a refund

 

Liability and Disclaimer

Account subscription(s) are sold/provided by eSellerate on behalf of Bijingo. Any legal agreement or contract in relation to the sale of account subscription(s) (“Supply Agreement”) is between you and eSellerate. Bijingo’s only obligation to you in respect of a subscription is the provision of the Service in accordance with this Agreement. You agree that Bijingo will not be liable or responsible to you for any act, omission or negligence in connection with eSellerate.

You acknowledge that Bijingo has made no warranties that the Service will be error free.

You agree that Bijingo will not be liable or responsible for any failure in, or delay to, the provision of the Service or in Bijingo complying with its obligations under this Agreement where such failure or delay has a arisen as a direct or indirect result of:

  1. fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
  2. denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
  3. a significant demand being placed on Bijingo’s services which is above the usual level of demand and which results in a failure of Bijingo’s software and hardware to function correctly;
  4. the failure of any third party (including without limitation, any bank or other financial organisation) to fulfil any obligations to Bijingo; or
  5. any other circumstances or event similar to the above which are beyond the reasonable control of Bijingo.

You acknowledge that Bijingo has not made and will not make any express or implied warranties in relation to the Service or any other goods or services provided by Bijingo under this Agreement, other than those warranties contained in this Agreement. Subject to the following, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.

Subject to the following, you agree that Bijingo will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Service or the provision of any other goods or services under this Agreement and whether as a result of any breach or default, by Bijingo. The maximum liability of Bijingo under this Agreement for any and all breaches of this Agreement will not exceed the total amounts paid by you for any subscription(s).

If the Trade Practices Act 1974 (Cth) (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by statute, the liability of Bijingo is limited, at the option of Bijingo, to:

  1. in the case of goods, any one or more of the following:
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of the goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repaired; and
  2. in the case of services:
    • the supplying of the services again; or
    • he payment of the cost of having the services supplied again.

Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of Bijingo will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by statute.

Disputes,Questions and Concerns

If you have any concerns or issues relating to your use of the Service, please contact us at info@bijingo.com

This Agreement is governed by the laws of the State of Victoria, Australia. You agree that you submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia in respect of any dispute arising under this Agreement.

Bijingo