Website Terms and Conditions
These terms and conditions apply to the use of this Website and our services. In using our services, you agree to
be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from
using the Website. We reserve the right to refuse or withdraw services as Bendicom sees fit.
1. Definitions In these terms and conditions:
1.1 “Content” means any content and information that a client uploads to the Website, including any logos,
images, documents and any audiovisual material emailed to Bendicom;
1.2 "we", "us" and "our" are references to Beyond R&D Pty Ltd ACN 117 159 289;
1.3 “the Website” means our website located at http://bendicom.com and unless the context requires
otherwise, related services and sites; “your website” refers to the website we create for you; and
1.4 “you” and “your” are references to you as the user of the services (whether as a client, prospective client, as
the context dictates).
1.5 “Late Fee” is $5.00 plus GST per calendar month.
2. Our Roles
2.1 In providing your Website and the services offered at the Website, our role is as a neutral facilitator and we
are not involved in and assume no liability in respect of any transactions between Clients and their Customers.
3.1 Upon sign up, you will be provided with an account number. You agree to pay for our services in the manner
specified on the Website.
3.2 We reserve the right to suspend or terminate your account at any time if you breach these Terms and
3.3 You agree to ensure that your registration details are true and kept up to date and accurate at all times.
3.4 You must ensure the security and confidentiality of your account details, including any email addresses,
passwords, user names and other details that may be assigned to you. You are entirely responsible for activities
and transactions that occur using these details. Your account and its details are not transferrable to any other
person with out written approval from Bendicom.
3.5 Upon sign up we will negotiate initial setup with you. Initial setup is subject to content availability.
4.1 The responsibility for your Website Content rests solely with you the client. We make no representation to any user as to the accuracy of that Content.
4.2 The responsibility for the copyright of content used on your website is entirely your liability.
4.3 Content material of a pornographic or sexually explicit nature, material in breach of any third party’s intellectual property rights (including but not limited to pirated materials), material which is vilifying or defamatory, misleading or deceptive, or which promotes or incites unlawful activities, the dissemination of unsolicited email or text messages, computer hacking, or which contains or promotes any virus will result in the immediate cancellation of the account.
4.4 Client is to provide content to Bendicom in the following formats: .jpg .png .txt .doc or richtext. If theses formats are not available to the client Bendicom can offer graphic design services for additional cost as agreed upon with the client.
4.5 The responsibility for your Content rests solely with you. You must ensure that the Content is accurate, reliable, not misleading or otherwise in breach of these Terms and Conditions.
4.6 You the client must proof-read and check all Content to be placed on your Website.
4.7 You may alter or remove Content as required, subject to compliance with these terms. We will endeavour to activate any changes to Content that you make as soon as practicable but cannot guarantee that these changes will be made within any given time.
5.1 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free. The use of Bendicom services is at client’s sole risk. Neither Bendicom, its employees, affiliates, agents or the like, warrant that service will not be interrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of the hosting services for generating business for the client.
5.2 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this service or any linked website.
5.3 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
a) if the breach relates to goods;
5.5 We make no warranty or guarantee of the success of SEO or Google ranking for your website.
6. Exception to Disclaimer
6.1 This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
6.2 If under 18 years old you affirm that you have legal parental or guardian consent to use the Website and accept these terms and conditions. You warrant and undertake to the extent possible that you have the legal capacity and power to enter into a legal agreement with us on the terms and conditions contained herein and perform your obligations under it.
7. Specific Terms
7.1 You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.
7.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
7.3 Whilst we have no reason to believe that any particular information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website.
7.5 All information contributed by us and appearing at the Website is provided in good faith. You accept that any such information provided by us is general information and is not in the nature of advice. We derive such information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
7.6 We do not verify and assume no liability for the accuracy of the content of client websites and we have no liability for the quality, safety or legality of your content or the truth or accuracy of the Content provided to us by you.
7.7 We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted on your website. We will not be liable for any loss arising from any action or decision that you make regarding the Content of your Website.
7.8 You acknowledge that we are a distributor, not a publisher, of content on your Website. We are not responsible for and accept no liability in respect of any material therein, Our editorial control is limited to the selection of materials you make available, although we reserve the right to review any Content submitted by you. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
7.9 Where the information made available on your Website contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice. We do not accept liability for loss or damage caused by the users reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
8. Payments and Refunds
8.1 When making payment for any service offered by us you will pay by direct deposit, cheque or money order. You are solely responsible for complying with our terms and conditions. Refunds will only be available in the event of an erroneous double charge or as otherwise required by law.
Registration Name Beyond R&D Pty/Ltd
Place Registered Victoria, Australia
PO Box 1060 Bendigo 3550
Registered Number 117 159 289
Telephone Number 61 3 5448 4476
Email Address email@example.com
8.2 Initial fee upon setup is $20.00 plus GST due no later than 7 days after signup. Each successive payment is due on the 1st of the month there after. All payments must be made in Australian Dollars.
8.3 If payment default occurs the following action may be taken:
9.1 Copyright in the Bendicom Website (including text, graphics, logos, icons, sound and audiovisual recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
10.1 “Bendicom” and various trade marks appearing at the Website are owned by us.
10.2 If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
11.1 Unless we agree otherwise in writing, you are provided with access to this Website only for your personal or business’ own use. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website.
11.2 You must not use your Website:
a) upload, post, transmit or otherwise make available on your Website any content that:
12.1 You affirm that if you are aged 18 years or over if you have not yet turned 18 years old, that you have legal parental or guardian consent to use Bendicom Services and to accept these terms and conditions.
13.1 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of your Website and any breach of these Terms and Conditions.
14. Linked Websites
14.1 This Website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
14.2 We are not responsible for the content or privacy practices associated with linked websites.
14.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
16. Security of Information
16.1 No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
17. Termination of Access
17.1 The operation of, and your access to your Website may be terminated (whether temporarily or permanently) at any time by us without notice if a breach of these terms and conditions occurs. Those terms and conditions capable of surviving termination will survive any such termination.
18.1 Our failure to take action with respect to any breach by you or others do not waive our rights to take action with respect to subsequent or similar breaches.
19. Governing Law
19.1 To the extent permissible at law these terms and conditions are governed by the laws in force in Victoria, Australia.
20. Amendments to Terms and Conditions
20.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on our Website. Your continued use of your Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
21.1 By using the services of Bendicom, you acknowledge that you have read, understood and accept the above terms and conditions.
This policy comes into effect on 01 January 2012.
This policy provides information as to the kind of information that we collect and the ways we use it.
We are bound by the National Privacy Principles contained in the Privacy Act (1988) (Cth) which govern the handling of personal information.
Types of information we collect
We collect information on visitors to the Website, including information on which areas of the Website are most often accessed and how long visitors visit those areas.
We utilise "cookies" which enable us to monitor such traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. Rejecting cookies may have the effect of limiting your access to parts of the Website.
Personal information (such as your telephone number, address) may be collected if you choose to use the services on the Website. The purpose of the collection of such information is clear from the context in which it is collected. Where you are required to pay to use the services of the Website, we will also collect financial information such as bank account information.
Protection of personal information
We use reasonable endeavours to protect personal information and to use and disclose it only as set out below. The Website uses a login process to promote the security of personal information. The Website’s servers are located in a secured Data Centre with security measures in place.
Access, use and disclosure
Our employed staff and contractors engaged by us (including Call Centre staff) may have access to personal information that you provide and may access it for purposes that include the audit of content on the Website for quality control purposes and for compliance with our Website Terms and Conditions.
We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this website. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.
We may disclose personal information, and you consent to us doing so, to third parties who are engaged by us to perform functions or provide products and services on our behalf, such as financial institutions processing credit cards, and our agents, business partners, joint venture entities or partners. We may also need to disclose it if required to conduct any investigation into you or your activities, if for example there is reason to believe that you have committed a breach of any of our Terms and Conditions. We may also disclose such information as required or permitted by any law.
If you request us not to use personal information in a particular manner at all, we will adopt reasonable measures to observe your request but we may still use or disclose that information if:
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.
Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Personal information which we collect may be aggregated for analysis but except in circumstances where you expressly or impliedly indicate that you wish to make the information available to others and to identify you; we would ensure that individuals would remain anonymous.
Access to your personal information
You are entitled to have access to any personal information relating to you which you have previously supplied to us over this website. You are entitled to edit or delete such information unless we are required by law to retain it.
If at any time you provide personal or other information about someone other than yourself, you warrant that you have that person’s consent to provide such information for the purpose specified.
We consider it is the responsibility of parents to monitor their children's use of the website. [Nevertheless it is our policy not to require personal information from persons known to be under the age of 15 years or offer to send any promotional material to personal in that category.]
Changes to this policy
We reserve the right to make changes to this policy. Such changes will be notified to you upon your attempt to log-in to the Website following the making of such changes.
If you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact:
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