Terms and Conditions
of Website Use
1 Binding Terms
1.1 These terms constitute a binding agreement (Terms) between us and you. In these Terms the words “us”, “we” or “our” refer to the BCC Group. The words “you” or “your” refer to the user (or the potential user) of this website.
1.2 These Terms shall strictly apply to you and your use of the website and the Information and shall prevail over any other terms and conditions in any other document or communication. As such, please carefully read these Terms and if you are in any doubt as to their meaning or you do not accept them, do not use or immediately cease using the website and notify us in writing at email@example.com.
1.3 By using or continuing to use the website to warrant and represent to us that you agree to be bound by these Terms.
In these Terms the following definitions and interpretation shall apply:
2.1 BCC Group means each of Bond and Credit Company Pty Ltd (ACN 609 018 840), BCC Trade Credit Pty Ltd (ACN 608 296 233), BCC Transactions Pty Ltd (ACN 609 528 761) and NewSurety Pty Ltd (ACN 163 415 610) and each of their respective affiliates and related bodies corporate from time to time.
2.2 Information means any and all information (in whatever form and whenever provided) provided by or on behalf of us to you through the website or you become aware of through your access to the website or any other dealings you may have with the website including all:
(a) proprietary information, confidential information, personal information, business information and technical information;
(b) information contained in, provided or available through or which forms or constitutes the website;
(c) documents that may be downloaded through the website;
(d) links contained on the website;
(e) the terms and conditions of these Terms and all documents and information relating to the provision of insurance and related products and services; and
(f) Intellectual Property that may arise or subsist in relation to any of the foregoing.
2.3 Intellectual Property means any:
(a) copyright, patents, database rights and rights in trade-marks, client lists, designs, data, know-how and any secret or technical information (whether registered or unregistered);
(b) applications for registration, and rights to apply for registration, of any of the foregoing rights; and
(c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
2.4 Law means any law, statutes, legislation, by-laws, regulations, directives, rules, codes, circulars, guidance, common law, notices, judgements, orders and decisions and their respective interpretations by any authority in any jurisdiction.
2.5 Representative means each shareholder, contractor, employee, agent, licensor, content producer and consultant of any member of the BCC Group.
2.6 In these Terms:
(d) the singular includes the plural and vice versa, and a gender includes other genders;
(e) another grammatical form of a defined word or expression has a corresponding meaning;
(f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re‑enactments or replacements of any of them;
(h) a word or expression defined in the Corporations Act 2001 (Cth), and not otherwise defined in these Terms, has the meaning given to it in the Corporations Act 2001 (Cth);
(i) the meaning of general words is not limited by specific examples introduced by “including”, “includes” or similar or analogous expressions; and
(j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of them.
3 Products and Services
3.7 The Information does not constitute a solicitation or an offer of any kind to any person. The Information is illustrative only and not intended to be a full or complete description of any product or service. You must not rely on any Information and the Information must not be construed as any form of legal, tax, business, financial or accounting advice.
3.8 Products and services may or may not be available to certain persons due to legal and regulatory restrictions (which may differ from jurisdiction to jurisdiction) as well as the commercial appetite and capacity of the BCC Group.
3.9 We give no assurance, warranty or representation of any kind or nature (howsoever arising) that any product or services will be available to any person or as to the terms on which any product or services may be offered to any person. The provision of any products and services (and the terms on which they are provided) is at the sole discretion of the BCC Group and subject to the execution of binding documentation in relation to that product or service.
4.10 We may amend the website, the Information and these Terms at any time, without the requirement for notice and at our sole discretion.
5 Ownership of Information
5.11 BCC Group (or any person who has granted it a license as the case may be) will retain exclusive ownership of all Information. Any Intellectual Property that is created in the course of the use or provision of the Information will vest absolutely in BCC Group. You must not assert any proprietary right or interest in relation to any Information or assist any person in doing so.
6 Disclaimer and liability
6.12 BCC Group shall not be liable for and we exclude and disclaim any and all liability (of any kind or nature) to any and all persons (including any loss of profit or revenue, loss of goodwill or any special, incidental, direct, indirect or consequential loss or damages) arising in relation to the use of this website or the Information or for any error, inaccuracy, omission, defect or other deficiency in the website or the Information.
6.13 You use the website at your own risk and on an “as is” basis. We provide no assurance, warranty or representation of any kind or nature (howsoever arising):
(k) as to the availability of or your ability to access the website or the Information at any time;
(l) that the website or Information is free from defect, virus or any technical deficiency;
(m) as to the accuracy, correctness, completeness or timeliness of any Information;
(n) that the website and Information complies with any Law applicable in any given jurisdiction;
(o) that the website or Information may be fit for any purpose or appropriate for your use; or
(p) as to the non-infringement on any rights of any third party.
6.14 You warrant and represent that you use the website and Information at your own risk, that you will independently evaluate all Information and that you agree that there is no assumption of a duty of care by us to you and you will not bring (and you expressly waive all rights to bring) any claim, action or proceedings (of any kind or nature) against us or our Representatives in relation to the use of this website or the Information or for any error, inaccuracy, omission, defect or other deficiency in the website or Information.
6.15 To the extent permitted by Law, we exclude and gives no condition, representation or warranty (express or implied) other than those expressly set out in these Terms.
6.16 Without prejudice to foregoing provisions of this section 6, our maximum aggregate liability, if any, (including the liability of our Representatives) for any claim, damage, loss or other liability arising in relation to these Terms, the website or the Information shall be A$1,000.
7 Linked websites
7.17 We do not guarantee that the links set out on the website will be accurate or complete or free from virus, defect or deficiency at the time of your access. The linked websites may be developed and maintained by persons not related to us and whom we do not control. We do not monitor, approve, endorse or certify the linked websites and we assume no responsibility for the content of any linked website.
8 General provisions
8.18 You agree and acknowledge that the Representatives have relied on and will be entitled to have the full benefit of and enforce all these Terms.
8.19 No provision of these Terms shall apply to the extent that the application of such provision would constitute a breach of Law. If any part of these Terms is or becomes invalid, illegal or unenforceable in any respect then such happening shall not affect or impair the remainder of these Terms in any way.
8.20 No assignment or transfer of any right, entitlement or obligation arising under these Terms may occur without our written consent.
8.21 These Terms constitute the entire agreement between you and us in relation to the subject matter of these Terms.
8.22 A person does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. Any approval, consent or discretion may be given or withheld (with or without condition) at the absolute discretion of the relevant party.
8.23 These Terms are governed by the law of New South Wales, Australia and each party irrevocably and unconditionally submits to the non‑exclusive jurisdiction of the courts of New South Wales, Australia.