1.Welcome to our site
- 1.1 www.mybappo.com (our ‘site’) and the Mybappo system, are owned and operated by Nexus Dimensions, a business registered in Victoria, Australian Business Number 58 423 168 989.
- 1.2 Our site provides access to a booking system (referred to as the ‘Services’) for members of the site to book appointments, create events and arrange to catch up.
- 1.3 By accessing or using any of the Services through our site, you accept the application of these terms and conditions (these ‘User Terms’). In these User Terms, when we say “we”, “us” and “our” we mean the owner and operator of Nexus Dimensions. Where we refer to “you” or “your” we mean you, the end user of this site or the system. If you do not agree to these User Terms, please do not use the site.
- 1.4 All notices, enquiries or complaints relating to the Services can be sent to Nexus Dimensions at firstname.lastname@example.org
- 1.5 We may need to change these User Terms from time to time in order to make sure they stay up to date with the latest legal requirements and any changes to our Services or policies. When we do amend these User Terms, the changes will be effective straight away. We'll usually publish information about changes to be made to these User Terms on the site – but it is your responsibility to check any changes to these User Terms.
2. Use and Access
- 2.1 When you accept these User Terms and create an account, you become a Member of the Site. In creating a Member account, you are required to provide us with accurate information about yourself, such as your full name, email address, contact details and other information that may identify you (your ‘personal information’). You must also enter a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.
- 2.2 You must be a registered Member to access the Site content, and use the Services to arrange a catch up or make bookings. Becoming a registered Member is free. Your membership provides you with the benefit of being able to participate in the Mybappo ecosystem and generally contribute to our community forums.
- 2.3 When you register as a Business Member you are able to access certain additional site features and use the Services to create events and manage appointments. Business Members must agree to the Mybappo Subscription Conditions in paragraph 8 below (our ‘subscription terms’).
- 2.4 You may also apply to become an Affiliate Member, which means that you have agreed to the Mybappo Affiliate Program Conditions (our ‘affiliate member terms’) and you are entitled to receive affiliate incentives for referring a new Business Member who joins the site. For details of our affiliate incentives and eligibility criteria, please refer to our affiliate member terms.
- 2.5 All Members are granted a non-exclusive, revocable, limited licence to use the Site functionality and access the relevant Services on the condition that:
- You only use the Site for lawful purposes;
- You do not engage in any improper, indecent or offensive behaviour while using the Site;
- You are not breaking any local, state or national law in your relevant jurisdiction by accessing this Site; and
- You will treat the Site and its users with respect and will not engage in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us).
- 2.6 By using this Site you agree that we accept no responsibility for this Site or any of its Services being unavailable, and we make no warranties or guarantees, implied or express, as to the ongoing availability of the Site or any of our Services.
- 2.7 You agree that we are not liable for any loss or damage that you or any other person may incur by not being able to access this Site or any part of the Services.
- 2.8 We may change, update or otherwise amend the Site at our absolute discretion and without notice..
3. Conditions of access
- 3.1 In order to create a Member account and use the Services you are required to be:
- 18 years of age or older; and
- capable of forming binding contracts.
- 3.2 If you are under the age of 18 years, your parent or lawful guardian over the age of 18 may register on your behalf. Your parent or guardian will then be responsible for all of your actions.
- 3.3 If you are a parent or guardian permitting a person under the age of 18 (a ‘Minor’) to become a Member of the Site, you agree to:
- exercise supervision over the Minor’s use of the Site and the account;
- assume all risks associated with the Minor’s use of the Site, including the transmission of content or information to and from third parties via the internet;
- ensure that the content and information that the Minor may encounter on the Site are suitable for the Minor;
- assume liabilities resulting from the Minor’s use of the Site or the Services;
- ensure the accuracy and truthfulness of all information submitted by the Minor; and
- provide the consents contained in these User Terms on behalf of the Minor.
- 3.4 The information you provide to us when conducting any transaction using the Site must be accurate and complete in all respects. You agree to only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Site.
- 3.5 As a condition of use of the Site, you must not do any act that we would deem to be inappropriate.
- 3.6 You agree to keep us indemnified and hold us harmless in respect of any and all liability, loss, costs and expenses arising from your use of the Site or in connection with any use of our payment provider’s merchant facility.
4. Collection Statement
- 4.2 We may disclose your information where required by law, or to third parties that help us deliver the Services to you (including information technology suppliers, communication providers and our business partners and advisers, who may not be located in the same country as you). If you do not provide your information, we may not be able to provide you with the Services or access to all of the features of the Site.
5. Accuracy of Information on this Site
- 5.1 The information on our website is not comprehensive and you acknowledge that we are not responsible for verifying, nor do we necessarily endorse any Member-generated content. There may be technical or administrative errors in the information available through the Site, including errors with respect to an appointment description, pricing and availability. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Site, to the extent permitted by law we make no warranty regarding the information on the Site.
- 5.2 We are not liable to you or anyone else if interference with or damage to your computer systems occurs from the use of this Site or a linked website. You must take your own precautions to ensure that anything you download is free from viruses or other malicious code (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
- 5.3 Our Site may contain hyperlinks to other websites that are not operated by us. Such links are provided for convenience and we take no responsibility for the content and maintenance of, or privacy compliance by any linked website. By linking to another website, or listing any business, service or product on our Site does not imply our endorsement, support, sponsorship of any third party or the products and services they may provide.
- 5.4 We may, from time to time and without notice, change or add to the Site (including these User Terms) the Services, or the information and Member-generated content described in it. However, we do not undertake to keep the Site updated or to screen or verify Member-generated content. We are not liable to you or anyone else if errors occur in the information on the Site or if that information is not up-to-date.
- 6.1 All content on the Site is the copyright of Nexus Dimensions or used by Nexus Dimensions under licence. You must not, without our the express written permission:
- replicate all or part of the site in anyway; or
- incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.
- 6.2 Nexus Dimensions has intellectual property rights and established goodwill in the Mybappo brand and other trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.
- 6.3 You agree that by using the site you will not copy the Site or our Services for your own commercial purposes. You agree and warrant that you will not solicit our suppliers or the users of the Site to join another competing site, or in anyway to stop using the Site in preference of using another site offering comparable services. You indemnify us for any loss or damage we suffer as a result of your breach of this warranty.
7. Advertising and Promotions
- 7.1 The Site may contain information & advertising from third-party businesses, people and websites (Third-Parties). You consent to receiving this information as part of your use of the Site.
- 7.1 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
- 7.1 For certain campaigns, promotions or contents, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest, which will prevail to the extent they are inconsistent with these User Terms.
8. Subscription Conditions
- 8.1 Business Members can access the Services by placing an order for a subscription through the Site. We offer Silver, Gold or Platinum packages for Business Members, which enable different levels of user engagement and exposure for your business via the site. For further details, please check out our current Pricelist.
- 8.2 Upon our acceptance of your order and activating your account, you will gain access to the Services as a Business Member for the initial term of your subscription. At the end of each subscription period, your subscription will be renewed automatically and you will be charged for a further subscription period and your access extended until you cancel your subscription in accordance with our Cancellation Policy described below.
- 8.3 Once we have confirmed payment we will provide an order confirmation and payment receipt, which may be displayed in your account via the Site or sent to the email address you used to register.
- 8.4 Subscription fees are only payable by credit card using our payment provider’s secure payment gateway. Certain card types may attract a surcharge, and you are responsible for checking any bank charges at the time of payment. If the credit card is not in your name, you must have the permission of the cardholder to use the card to pay the subscription fees.
- 8.5 Communications between our Site and our provider’s payment gateway are encrypted and sent via secure link. We do not store your full credit card information. If you elect to save your payment details, these will be retained within the card vault of our payment provider.
9. Cancellation Policy
- 9.1 Should you wish to cancel your subscription you may do so at any time. Your cancellation will take effect at the end of your current subscription period once your cancellation request is processed. Please allow 5 business days for processing of a subscription cancellation.
- 9.2 Subscription fees are non-refundable and we cannot refund part-used subscriptions, but you will continue to receive access until the end of your paid subscription period. If for any reason our Services are temporarily unavailable to you, you will not receive a refund. We reserve the right to issue a refund or credit in our sole discretion, and if we do so we are under no obligation to provide a similar remedy in the future.
- 9.3 If you wish to seek a refund of any pre-paid subscription fees, you may only do so if the Services you purchased:
- are not of merchantable quality;
- are not fit for purpose; or
- do not match the description provided to you at the time of purchase.
- 9.3 To cancel your subscription or seek a refund for the reasons stated above, you are required to notify us as soon as possible. Please contact our customer services manager via email email@example.com with a description of the fault with the Services, and provide your account information and the means to identify you. Your refund will be processed where required by Australian Consumer Law upon verifying your instructions, and we reserve our rights to reject any refund request or claim unless it meets the above conditions.
10. Orders Placed from Outside Australia
- 10.1 The Services may not be available in certain countries outside Australia.
- 10.2 Where you request us to provide Services outside Australia, you agree to take responsibility for ensuring that your access to the Services is in accordance with local laws and you agree to pay any taxes or charges associated with any payments made in relation to Services provided outside of Australia. These costs will be in addition to the subscription fees we quoted.
- 10.3 All subscription fees are quoted in Australian dollars and orders placed from outside Australia may incur overseas transaction fees and currency conversion charges. You should check with your card issuer or bank to confirm the amount of any such charges when conducting a transaction.
11. Affiliate Program Conditions
- 11.1We have an Affiliate Program to incentivise eligible Members to refer new Members our Services.
- 11.2For information about our Affiliate Program including details of our affiliate member terms, please contact firstname.lastname@example.org
12. Limitation of Liability
- 12.1 You agree that you use the Site at your own risk.
- 12.2 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with any misuse or misconduct by you or any other user in connection with the Site, including but not limited to any breach by you of these User Terms.
- 12.3 Under no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss on account of corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.
- 12.4 Apart from those that cannot be excluded by law, we give no express or implied warranties and our liability for breach of any implied warranty or condition that cannot be excluded is limited, at our option to the re-supply of Services or payment of the cost of re-supply of Services.
- 12.5 You agree that any taxation related to any transactions made via the Site is the sole responsibility of the purchaser under that transaction and that Nexus Dimensions accepts no liability or responsibility for taxation matters in that regard.
13. How we resolve Complaints and Disputes
- 13.1 If you have a complaint in relation to our Services you should report it to us immediately. We may or may not investigate your complaint, depending on its nature.
- 13.2 If you have a dispute with us another user or a product manufacturer in connection with the Services, you must report the dispute to us so that we may investigate and assist in the resolution of the dispute (where possible).
14. Legal Housekeeping
- 14.1 Nexus Dimensions may end any agreement arising under these User Terms immediately for any reason by giving you written notice. Where such agreement has been terminated you must immediately cease using the Site.
- 14.2 We will send you notices and other correspondence to the details that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to notify us of any updated contact details as they change.
- 14.3 Email notice from us to you is effective notice under these User Terms.
- 14.4 You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in these User Terms.
- 14.5 No clause of these User Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
- 14.6 Any agreement arising under these User Terms will be governed by the laws of the state of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts.
- 14.7 Any clause of these User Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these User Terms.
- 14.8 Any agreement arising from these User Terms is part of an ecommerce transaction and the parties agree that the agreement shall be accepted electronically and the agreement formed and validly entered into electronically in accordance with the Electronic Transactions Act 1999 (Cth).
- 14.9 The termination of any agreement arising from these User Terms does not affect the parties’ rights in respect of periods before the termination of this agreement.
© Copyright Nexus Dimensions. Version 2016.09