Terms & Conditions

1. These Terms of Use govern your use of our website located at www.bygroup.com.au (and any associated subdomains) (“Website”) and form a binding contractual agreement between the user of the Website (“you” or “your”) and BY Group Pty Ltd (ABN 88 168 458 302) (“BYG”, “we” or “us”).
2. By accessing or using the Website, whether through a mobile, computer or other device, you acknowledge that you have read and agree to be bound by these Terms of Use. Please read the Terms of Use carefully.
3. You should also read the BY Group Privacy Policy (“Privacy Policy”), which is incorporated by reference into the Terms of Use and available via the Website. The Privacy Policy describes our collection, use, disclosure, transfer and processing of information and data. If you do not accept and agree to be bound by all of the terms of these Terms of Use, including the Privacy Policy, do not access or use the Website. Please contact us at info@bygroup.com.au with any questions regarding the Terms of Use.
4. References to the “Terms of Use” are to the Terms of Use as updated from time to time.

Acceptance of Terms of Use

1. By accessing or using the Website, you accept the Terms of Use and agree to the terms, conditions and notices contained or referenced herein and consent to have the Terms of Use and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Website. We recommend that you print or save a copy of the Terms of Use for your records. We may modify the Terms of Use from time to time, such modifications to be effective upon posting by us on the Website.

Licence to use the Website

1. Subject to the Terms of Use, we grant you a non-exclusive, worldwide, non-transferable, revocable licence to use the Website in accordance with these Terms of Use.
2. You acknowledge and agree that:
   1. we may alter, amend or cease the operation of the Website at any time in our sole discretion; and
   2. the Website will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

Term and termination

1. The Terms of Use will remain in full force and effect while you use the Website. We may terminate or suspend your use of the Website at any time without notice if we believe that you have breached the Terms of Use, or for any other reason, with or without cause, in our sole discretion.
2. These Terms of Use terminate automatically if, for any reason, we cease to operate the Website.
3. After expiry or termination for any reason, all terms of the Terms of Use survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. Expiry or termination shall not affect either party's rights or liabilities.

Proprietary rights

1. We own and retain all proprietary rights in the Website, and in all data, text, software, photographs, images, graphics, interfaces, content, trademarks, logos, trade names, service marks and other intellectual property rights related thereto.
2. Nothing in these Terms of Use constitutes a transfer of any intellectual property rights.
3. The Website contains copyrighted material, trademarks, and other proprietary information belonging to us, our related entities and licensors. You agree to not copy, modify, adapt, upload, link, post, frame, translate, transmit, create any derivative works from, make use of, or reproduce, republish or distribute in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website or any part of the Website, without first obtaining our prior written consent.
4. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Prohibited activities

1. To use the Website, we expect you to abide by a certain standard of behaviour. You agree that you will not do, or attempt to do, anything that is unlawful, prohibited by any laws applicable to the Website, anything which we would deem inappropriate or which might bring us or the Website into disrepute.
2. The following is a non-exhaustive list of the type of actions that you may not engage in with respect to the Website. You will not:
   1. do anything that would breach another person’s privacy (including by uploading or submitting information to us about an individual without their consent), or any other legal rights;
   2. impersonate any person or entity;
   3. interfere with or disrupt the Website, the servers, networks or sites/applications connected to the Website or any other person's use or enjoyment of the Website;
   4. email or otherwise transmit any material that 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;
   5. “frame” or “mirror” any part of the Website, without BYG’s prior written authorization;
   6. use meta tags or code or other devices containing any reference to BYG or the Website (or any trademark, trade name, service mark, logo or slogan of BYG) to direct any person to any other website for any purpose;
   7. breach the security of the Website, test or scan the vulnerability of the Website or make any unauthorised access or use of any part of the Website;
   8. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website, its contents or any software used on or for the Website;
   9. post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website other than solely in connection with your use of the Website in accordance with the Terms of Use;
   10. use the Website or its content in any way that is unlawful, illegal or breaches the rights of BYG or any third party;
   11. use the Website in any way that otherwise breaches the Terms of Use; or
   12. facilitate or assist a third party to do any of the above acts.
3. You are prohibited from using the Website and any content posted on the Website for any purpose and in any way that competes with our business.
4. We may investigate and take any available legal action in response to illegal or unauthorized use of the Website. We may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of the Terms of Use or is in breach of law or other regulation. BYG reserves its rights to identify or bring legal action against any person who is breaching the Terms of Use, including obtaining injunctive relief.

Customer service

1. When communicating with us, including via our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behaviour towards us, any of our customer care representatives or other employees is at any time threatening or inappropriate, offensive, we reserve the right to immediately terminate your use of or access to the Website.

Testimonials

1. We appreciate your feedback. If you review us, or provide us with a testimonial, you permit us to post or otherwise transmit the review or testimonial on our social media or other channels. You can email us at info@bygroup.com.au and ask us not to do this.

Modifications to Website

1. We may at any time modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. To protect the integrity of the Website, we reserve the right at any time in our sole discretion to block users or IP addresses from accessing the Website.

Warranties and disclaimers

1. You represent and warrant to us that you have the legal capacity to enter these Terms of Use.
2. BYG provides the Website on an “as is” and “as available” basis and, to the maximum extent permitted by law, excludes all warranties of any kind, whether express, implied, statutory or otherwise with respect to the Website (including all content contained therein), including without limitation any implied warranties of satisfactory quality, fitness for a particular purpose, accuracy or completeness or non-infringement.
3. BYG does not represent or warrant that the Website will be uninterrupted or error free, secure, free of viruses or other contamination or that any defects or errors on the Website will be corrected.

Limited liability

1. To the maximum extent permitted by law, neither BYG nor its affiliates and/or third party partners are responsible, and shall not have any liability for any loss, damage or expense howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability), suffered by you or any third party arising from or in connection with:
   1. your use of the Website and/or its content;
   2. any incorrect, inaccurate, or out of date content posted on the Website;
   3. any inaccessibility of, interruption to or outage of the Website; and/or
   4. any loss or corruption of data.
2. Any material downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of or access to any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the Website.
3. BYG does not hold the information posted or made available through the Website as impartial and it should not be viewed as wholly objective. BYG does not: (i) guarantee the accuracy, completeness, or usefulness of any content provided through the Website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will BYG or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted on the Website, or transmitted to or by any users, to the maximum extent permitted by applicable law.

Third-party links

1. The Website may contain links to other websites, applications or resources. You acknowledge and agree that BYG is not responsible for such external websites, applications or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources to the maximum extent permitted by law. We recommend that you make your own enquiries to ensure those websites are suitable for you.

Indemnity by You

1. To the maximum extent permitted by law, you indemnify us, and hold us harmless, against any Liability suffered or incurred arising from or in connection with your use of the Website or any breach of these Terms of Use or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms of Use and continues after these Terms of Use end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms of Use.

Notice

1. We may provide you with notices, including those regarding changes to the Terms of Use, using any reasonable means now known or hereafter developed, including by email, SMS, text message or postings on the Website. Such notices may not be received if you violate the Terms of Use by accessing the Website in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Website in an authorized manner.

Entire agreement and other general terms

1. The Terms of Use, with the Privacy Policy and any specific guidelines or rules that are separately posted on the Website, contain the entire agreement between you and BYG regarding the use of the Website.
2. If any provision of the Terms of Use is held invalid, illegal or unenforceable, the remainder of the Terms of Use shall continue in full force and effect.
3. Any failure by BYG to exercise or enforce any right, remedy or provision of the Terms of Use, or any partial exercise of any right, remedy or provision, shall not constitute a waiver of such right, remedy or provision or prevent any further exercise or enforcement or exercise of any other right, remedy or provision.

Amendment

1. We will occasionally update these Terms of Use from time to time. We recommend that you check the Website from time to time to inform yourself of any changes to these Terms of Use or any of our other policies. Any data or information will be governed by the most current version of these Terms of Use.

Governing law

1. The Terms of Use is governed by the laws of New South Wales in Australia, and any dispute in relation to the Terms of Use or your access or use of the Website will be subject to the exclusive jurisdiction of the Courts of New South Wales.
2. If you access the Website and you are based overseas, we do not represent that the Website complies with the laws (including intellectual property laws) of the country in which you reside (if you reside outside Australia). You are responsible for complying with the laws of the jurisdiction where you access the Website and please note that you access the Website at your own risk.