Bigmobile Group Pty Ltd (BIG) is an Australian limited liability company, registration number 15119902966.
Through the website BIG explains how its platform works and what services the company provides, and examples of its work.
By accessing and using the website the user fully accepts all the included in these terms and conditions. Please note that these Terms maybe updated in the future and you should check back from time to time to see if there have been any changes. It is the exclusive responsibility of the user to check the terms and conditions each time they visit the website.
Access to the website will be free. Access to BIG’s creative marketplace and Deal ID generator platform is subject to separate Terms and Condition here T&Cs
ACCESS TO EXTERNAL RESOURCES
Through the website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
The website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of the website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to The website or the Service, terminating contracts, reporting any misconduct performed through The website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair the Owner’s legitimate interests;
- offend the Owner or any third party.
All images, information, data, text, software, graphics, video, messages or other content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the Company, are entirely responsible for all content that you use, post, mail, transmit or otherwise make available via the Products. The Company does not control the content you use and as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, for any errors or omissions in the Products, or for any loss or damage of any kind incurred as a result of the use of any Products.
You agree not to use the Product/s or host, display, upload, modify, publish, transmit, update or share information that:
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, threatening, abusive, harassing, vulgar, tort, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of the Company or any third party;
- threatens the unity, integrity, defence, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or prevents investigation of any offence or is insulting to any nation;
- impersonates any person or entity, including, but not limited to the Company, its officials, directors, employees, or falsely state or otherwise misrepresents your affiliation with a person or entity;
- forges headers or otherwise manipulates identifiers in order to disguise the origin of any content transmitted through the Website;
- you do not have a right to make available under any law or under contractual or fiduciary duty/relationships;
- is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interferes with or disrupts the Website or servers or networks connected to the Website, or disobeys any requirements, procedures, policies or regulations of networks connected to the Website;
- edits images and other content in such a manner to replace identities of persons with others wrongfully, illegally and without their consent;
- intentionally or unintentionally violates any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
- collects or stores personal data about other users;
- belongs to any person(s) without their knowledge or consent;
- violates any law for the time being in force; and
- will enable reproduction, duplication, copying, selling, trading, reselling or exploitation for any commercial purposes, any portion of the Website, use of the Website or access to it.
You will not by yourself or through any third party copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the licensed Product/s. You agree not to modify the Products in any manner or form or to use modified versions of the same, including and without limitation for the purpose of obtaining unauthorized access to the Products after the expiry of the license. You agree not to access the Website by any means other than in accordance with the instructions provided by the Company for accessing the Website.
LIMIT OF DAMAGES AND LLIABILITY
You expressly understand and agree that the Company shall not be responsible or liable for any direct, indirect, incidental, special, consequential, exemplary, punitive or other losses or damages, or for any damages pertaining to loss of profits or business, loss of goodwill or reputation, loss of use or data or other intangible damages or losses, even if such party has been advised of the possibility of such damages, under any usage, contract, tort including, without limitation, negligence and strict liability or other legal theory, howsoever caused, arising out of or relating to
- the use of the Product/s and/or any information or content contained on the Website, or any errors or omissions therein, or your use of, or inability to use, or reliance on, the Products or services provided through the Website;
- the failure of BIG Studio in any manner whatsoever;
- the cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Website;
- unauthorized access to or alteration of your transmissions or data;
- uploading of content or (vii) any other matter relating to the Product/s.
Your sole remedy for dissatisfaction with the licensed Product/s is to stop using the Website. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Company to you for all damages, losses, and causes of action whether in contract, tort including and without limitation negligence and strict liability, or otherwise at any time shall be $250 Australian dollars.
You expressly agree that you shall indemnify, defend and hold harmless the Company from and against any and all third party claims, allegations, demands, liabilities, losses, damages, awards, judgments or settlements, including all reasonable costs and expenses related thereto including legal fees, that may be asserted, granted, imposed or brought against the Company for:
- infringement or alleged infringement of any rights in and to registered or pending patents, trademarks service marks, design rights, copyright, rights to extract or re-utilize data from a database or other database rights, confidential information and any other industrial or commercial property right whatsoever, whether existing now or in the future of any third party owing to any images, information, data, text, software, graphics, video, messages or other content used, posted, uploaded or transmitted by you on or via the Website;
- use or misuse of the Products and associated services of BIG Studio as a User or otherwise;
- breach of any of the terms and conditions contained herein by you or your representative;
- any representation and warranty by you being false and misleading in any manner whatsoever; and
- Any offence committed by you in any manner whatsoever and under all applicable laws.
Each party acknowledges and agrees that any and all information emanating from such party’s business, in any form, including but not limited to information relating to the disclosing party’s past, present or future research, development or business activities, the specifications, designs, documents, correspondence, software, documentation, data and other materials and work products provided to the other party in the course of performing the Services is “Confidential and Proprietary Information.” Each party agrees that it will not, during or after the term of these Terms and for a period of 18 (eighteen) months thereafter (save for where such Confidential and Proprietary Information includes a trade secret of the other party, in which case, the obligation to maintain confidentiality will be until such Confidential and Proprietary Information is no longer a trade secret), permit the duplication or disclosure of any such Confidential and Proprietary Information to any person (other than an employee, agent or representative of the other party who needs such information for the performance of the obligations hereunder and/ or who is bound by confidentiality obligations that are at least as stringent as contained herein), unless such duplication, use or disclosure is specifically authorized by the disclosing party in writing. “Confidential and Proprietary Information” is not meant to include any information which
- is publicly available prior to these Terms or is made publicly available by the disclosing party without restriction;
- is rightfully received by the receiving party from third parties without accompanying secrecy obligations;
- is already in the receiving party’s possession and was lawfully received from sources other than the disclosing party; or
- is independently developed by the receiving party.
Each party acknowledges and agrees that, in the event of a breach or threatened breach of any provision of this section, such party may have no adequate remedy in damages and, accordingly, is entitled, without waiving any other rights or remedies, to seek such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
Nothing in this Terms shall be deemed to create a partnership or joint venture between the parties and neither you nor the Company shall hold itself out as the agent of the other. The Company and you shall be independent contractors only.
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of laws provisions. You hereby irrevocably consent to the exclusive jurisdiction of Australian courts for all disputes arising out of or relating to the use of the tools, platform, dashboard and/or its associated services.
Updated December 21, 2020