Last Updated On: 23rd of November 2020
Effective Date: 1st of December 2020
@ Copyright BPN Solutions, . All rights reserved; reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of BPN Solutions.
Welcome to the corporate hub of BPN Solutions.
By accessing and using this Website in any way, including without limitation, browsing this Website, using any information, and/or submitting any content or information of any nature to BPN, You are deemed to be conducting such transactions electronically and You thereby agree to and are bound by the Agreement, including, disclaimers of warranties, damage and remedy exclusions and limitations, and the application of Australian law.
Please read these Terms and Conditions carefully before You commence using this Website. The Terms and Conditions contained herein apply to all users of this Website, whether or not such users are Authorised Clients. If You do not agree to be bound by these Terms and Conditions of use, then You should cease using this Website and exit it immediately.
BPN RESERVES THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS AT ANY TIME, AT ITS DISCRETION, AND MODIFICATIONS ARE EFFECTIVE UPON BEING POSTED ON THIS WEBSITE WITH NOTIFICATION. YOU ARE RESPONSIBLE FOR REVIEWING THESE TERMS AND CONDITIONS REGULARLY TO ENSURE THAT YOU ARE AWARE OF ANY UPDATES AND AMENDMENTS AS YOUR CONTINUED USE OF THIS WEBSITE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. If You do not agree with any subsequent modifications to these Terms and Conditions or the Agreement as a whole, You should not access or use this Website or disclose any information through this Website and should advise BPN of Your decision to withdraw accordingly.
WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR THE USE OF THE WEBSITE, OR TO RETAIN THE CONTENT ON THE WEBSITE, UNLESS EXPRESSLY AGREED. Notwithstanding the foregoing, BPN reserves the right, in its sole discretion, to audit or otherwise monitor any communication transmitted using this Website. BPN further reserves the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or material business need of BPN.
THIS SITE, AND ALL INFORMATION CONTAINED HEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to its Website to reconstruct any lost data.
WE HEREBY DISCLAIM ANY AND ALL LIABILITY RELATED TO THE USE OR TRANSMISSION OF PERSONALLY IDENTIFIABLE INFORMATION IN CONNECTION WITH THIS SITE OR SERVICES PROVIDED ON THIS SITE.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THIS SITE, OR ON ANY THIRD-PARTY WEBSITE LINKED TO THIS SITE.
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE BPN FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE AND/OR YOUR PURCHASE OF PRODUCTS FROM THIS SITE.
IN NO EVENT WILL BPN, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OR OUR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS SITE, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THIS SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, YOU AGREE THAT BPN IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, OBSCENE, HARASSING, OR OTHERWISE UNLAWFUL CONTENT OR INFORMATION RESULTING FROM YOUR USE OF THIS SITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BPN and its affiliates, officers, directors, employees, agents, contractors, licensors, and any information providers, from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation of Your breach of or default under the terms or conditions of this Agreement, any claim arising out of, in connect with, or resulting from Your use of the Website, or any negligence, gross negligence or wilful misconduct by or on behalf of You or Your employees or agents, or any User-Submitted Web Content (or BPN’s use of it) that You provide to this Website as described under Section 4, above. For purposes of clarity, these indemnification obligations apply to Your use of this Website and Your use of this Website’s Web Content and services, other than as expressly authorized in this Agreement, Your use of any information or services obtained from this Website, and any information You provide to this Website.
YOU FURTHER AGREE THAT BPN SHALL RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, and in such case, You agree to cooperate with BPN in the defence of such matter.
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Any notice to be given hereunder by any party to the other may be affected by personal delivery in writing, or by mail, registered or certified, postage pre-paid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in the subscription/membership form. Notices delivered personally shall be deemed communicated as an actual receipt, mailed notices shall be deemed communicated as of five (5) days after mailing.
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable Attorney’s fees, costs and necessary disbursements incurred both before and after judgment in addition to any other relief to which such party may be entitled.
Any controversy between the parties to this Agreement involving the construction or application of any of the terms, provisions, or conditions, of this Terms and Conditions Letter of Agreement, shall on written request of either party served on the other, be submitted first to mediation and then if still unresolved to binding arbitration. Said mediation or binding arbitration shall comply with and be governed by the provisions of the Australian laws unless the parties stipulate otherwise. The parties shall each appoint one person to hear and determine the dispute and if they are unable to agree, then the two persons so chosen shall select a third impartial Arbitrator whose decision shall be final and conclusive upon both parties. The Attorney’s fees and costs of arbitration shall be borne by the losing party, as set forth in paragraph 10, unless the parties stipulate otherwise or in such proportions as the Arbitrator shall decide.
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.
No waiver by BPN of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BPN to assert a right or provision shall not constitute a waiver of such right or provision.
BPN may assign its rights and duties under this Agreement without notice to You. You may not assign your rights and duties under this Agreement, in whole or in part, without the prior written consent of BPN, and any assignment in contravention of the foregoing shall be null and void.
If You believe that Your copyrighted work or the copyrighted work of another party is being infringed, please notify BPN’s designated agent at the contact information below:
BPN Solutions Pty Ltd
PO Box # 243
Petersham, NSW, 2049, Sydney, Australia
Email Address: email@example.com
When notifying Us of the alleged copyright infringement please provide Us with the following:
The period of this Agreement is same as of the main Agreement, unless sooner terminated by BPN Solutions for misuse of services or any other reason deemed sufficient by BPN Solutions for termination or cancellation of subscription/membership. BPN Solutions reserves the right to suspend, cancel or terminate the Agreement any time without assigning any reason.
Letting any other person by allowing him/her to represent you without permission of BPN Solutions and/or any report of inappropriate, fraudulent or negative behaviour or conduct may cause violation of this Agreement. On first reporting of such incident, you will be issued a warning not to misuse the facilities provided by BPN Solutions to you. On second report, you agree to be fined by BPN Solutions up to $200 USD which shall increase up to $500 USD along with blacklisting you for future use of this site, service and entering into any other Letter of Agreement with BPN Solutions.
All comments, complaints, feedback, information or materials submitted by the reporter to BPN Solutions through or in association with provision of your using of our services shall be considered non-confidential and BPN Solutions property. BPN Solutions may use such comments, complaints, information or materials in any way it chooses in unrestricted basis. This information will be forwarded to you for betterment of your services.