These terms and conditions apply to the use of this website, including the purchase of any Member Services offered over this website. In using this web site for these or any other purposes, 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 or Member Services. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the website and Member Services including the Billcue Anti Spam Policy.
In these terms and conditions, the expressions we, us and our are a reference to Billcue.
Member Service means the Billcue online member service, including but not limited to the proprietary or administration software provided by us to any Licensee or Member, or any rights of access to our website and its products.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website or within the members services area. Your continued use of the website and members services following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Grant of Licence
Billcue grants to the member a non-exclusive right during the term of this agreement to use the Member Services pursuant to the terms and conditions set out herein. Your use of the Member Services confers no title or ownership in the Member Services. All ownership rights remain in Billcue.
In order to be able to access the information offered in the Member Services area, you must become a member. To become a member, you must complete your registration details in the manner described on the website.
We reserve the right to terminate your membership at any time if you breach these terms and conditions or for extended non-payment of fees.
You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
You agree not to use our products or services for any unlawful purpose (whether known or not) or in any manner which may infringe or violate any third parties rights. You further agree that you will not use our service to transmit or upload any harmful files or unsolicited email addresses. You further agree that you will not use our service to transmit any unsolicited messages.
In the event that you, or any one logged into your account causes any IP address owned by Billcue to be listed on any mail server blacklist (e.g. SORBS), ie, our mail server becomes blacklisted due to your using our software to send spam emails, thus preventing others from sending email - you irrevocably agree to pay USD$150 per IP address listed and all fees associated with its removal. Current removal fees from SORBS are USD$150 per IP address.
You agree to use our services in an acceptable manner where your use is concurrent with the expected usage of our member services. You further agree not to upload files for distribution via other electronic means or any other usage that may be considered unfair, deceptive or illegal or which contains prohibited or potentially prohibited content which is (or would be) classified RC or X by the Classifications Board or classified R by the ABA and which must comply with any other applicable law.
You agree that you are solely responsible for complying with any law (whether in existence now or in the future) which may apply to you or us, which is in any way is connected with the use, or otherwise, of our products or services.
Upon registration, you will choose a password and account designation. You must not disclose any user ID, password or other log in information to any person.
Pricing and payment of your account
You agree to pay for our services in the manner specified on the website or any other document that specifies pricing. Billcue reserves the right to adjust any pricing for any of its products and services. Billcue will inform members of such adjustments at which time the member has the option to terminate their membership as described under 'Termination of Access' within these Terms and Conditions.
Payment for usage of Billcue is via credit card only which you can manage from within your account. A credit card not required to sign up with Billcue, it is only required if you decide to extend your account past the 30 day free trial period and continue using Billcue.
SMS text messaging
If you choose to send invoice notifications by SMS text messages, then you will need to maintain a balance in your SMS credit to pay for such texts. The system will check prior to sending and if there is insufficient funds then the text will not be sent. Billcue is not responsible for the sending of texts and does not guarantee that the texts will be sent. Billcue uses a 3rd party to send the text messages. Any unused credit can be refunded at any time as long as your account is still active.
All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our 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. In addition, we do not make any representation or warranty that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service. You agree to use our information service for lawful purposes only.
You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) on a full indemnity basis, which may be instituted against us arising out of a failure by you (or by any person using your password or ID, whether or not you have authorised that person to use your password or ID) to comply with these terms and conditions.
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.
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 your Membership Services or this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If 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:
- (i) the supplying of the services again or
- (ii) the payment of the cost of having the services supplied again; .
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of services supplied pursuant to membership on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
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.
Whilst we have no reason to believe that any 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.
We make no warranty that goods or services acquired from us over this web site will meet your requirements.
Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in this website (including text, graphics, logos, business names, icons, sound 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: adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website; without our written permission.
This website includes trade marks which may be the subject of registration applications.
You must not use any of our intellectual property:
- in or as the whole or part of your own trade marks or business name or company name;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this website).
You must not authorise or assist any person to do any of the acts specified above.
By using the member services, you agree that company Trade Marks may accompany information or services being accessed, viewed and/or sent from our servcies.
Unless we agree otherwise in writing, you are provided with access to this website only for your personal 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.
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.
We are not responsible for the content or privacy practices associated with linked websites.
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 web sites, 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.
How we handle emails
We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected. All email content sent to media two or Billcue remains the property of the recipient and not the site operators and we reserve the right to email content on the internet.
Security of Information
Unfortunately, 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. You should keep a backup copy of any files you upload to us on your own computer.
Termination of Access
Access to this website and our services may be terminated at any time by us without notice. Members may terminate his/her or its access at any time by using the option on the bottom of the settings page.
Accounts not logged into for 12 months will be deemed no longer required and terminated. If you wish to use the system less frequently than every 12 months, simply log in no less than 12 months apart.
If an account is in credit at the time of account termination, a $30 administration fee will apply and any remaining credit will be reimbursed to the Member on request. Our disclaimer and indemnity nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in Queensland. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Billcue’s commitment to maintaining your privacy
The Billcue website and Media Two Pty Ltd (owners) are bound by the Australian Privacy Principles under the Privacy Act 1988 (Cth) when Billcue deals with personal information. We value our users and recognise their right to keep personal information private. This statement discloses our information collection, handling and disclosure practices for all sites managed by Billcue.
Collecting information on Billcue Registered Users
If you register with Billcue, we collect personal information about you in order to facilitate use of the full featured version of the Billcue software.
Registration allows you to take advantage of the services we provide. When you register, the information we collect includes your contact details. You may access, amend and delete this information at any time.
Email communications from Billcue
Billcue may, via email, provide you with selected information about new features and added benefits. We will allow you to opt out from receiving any further information from us when we send this type of information to you.
We do not disclose information about you to third parties for the purpose of allowing them to provide marketing material to you.
Storage & Security of Personal Information
Billcue takes reasonable steps to protect your personal information from unauthorised access, use or loss. These steps include the use of encryption systems, Secure Socet layer (SSL) passwords and firewalls.
Billcue allows you to access your information at any time to keep it accurate and up to date. Any information which we hold for you is stored on secure servers that are protected in controlled facilities.
In addition, Billcue employees and contractors are obliged to respect the confidentiality of any personal information held by Billcue.
Despite the steps we take to protect information, Billcue will not be held responsible for any loss or events arising from unauthorised access of your personal information.
What is a cookie?
Cookies are indispensable for websites that have huge databases, need logins, have customisable themes, other advanced features.
Cookies don't contain much information except for the url of the website that created the cookie, the duration of the cookie's abilities and effects, and a random number. Due to the little amount of information a cookie contains, it cannot be used to reveal your identity or personally identifying information.
There are two types of cookies: session cookies and persistent cookies. Session cookies are created temporarily in your browser's subfolder while you are visiting a website. Once you leave the site, the session cookie is deleted. On the other hand, persistent cookie files remain in your browser's subfolder and are activated again once you visit the website that created that particular cookie. A persistent cookie remains in the browser's subfolder for the duration period set within the cookie's file.
Access to Your Information
Unless you become a registered member, Billcue does not collect information that identifies you personally. If however, you become a Billcue registered user, you are able to change and update your registered profile at any time. Should you require assistance with updating your account or removing your details from the site, this can be requested via the contact us page. You can cancel your account at any time and all your details will automatically be removed from the site and the site's database.
If you have any comments or suggestions about any aspect of our site please feel free to provide it. Billcue website will use your feedback to improve its service.
If you have any questions about this privacy statement, the practices of this site, or your dealings with Billcue, please contact us.
More Information About Privacy
For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner's website.