Terms of Use
These Terms of Use are effective as of 2 April 2024 (‘Terms’).
As a user, your (‘you’ or ‘your’) use of the Plastic Ban Solution Finder website located at bansolutionfinder.org
(the ‘Service’) is subject to these Terms. By using the Service, you agree that these Terms will become a legally binding agreement between you and Boomerang Alliance Incorporated ABN33 484 952 023 (‘BA’). The offering of the Service to you is conditional on your acceptance of these Terms. If you do not agree to these Terms, you must not access or use the Service.
1. OVERVIEW
BA’s Plastic Ban Solution Finder is a website that provides information to help users navigate single-use plastic bans in Australia and find compliant food ware suppliers. When you use the Service, you’ll have access to a variety of content and information provided by BA and other content providers (‘Licensed Content’). Your use of the Licensed Content is subject to these Terms. If you are using the Service as a supplier of compliant food ware products, you may have the option to upload your own product content and information to the Service, such as text, images and files, which you have full ownership, control and responsibility over (‘User Content’).
Your use of the Service and any of your User Content is subject to these Terms and BA’s Privacy Policy located at bansolutionfinder.org/privacy-policy (‘Privacy Policy’). By using the Service, you acknowledge and agree to the Privacy Policy.
You may use the Service only if you can form a binding contract with BA and are legally permitted to do so. By using the Service, you represent and warrant to BA that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.
2. USING THE SERVICE
a. Access to the Service. Subject to your compliance with these Terms, you are granted a perpetual, royalty-free, non-exclusive, limited, non-transferable, freely revocable licence to access and use the Service and the Licensed Content available therein for business or personal use. BA reserves all rights not expressly granted under these Terms.
b. Restrictions on Use of the Service. You shall not yourself, or through any third party: (i) rent, lease, sell, distribute, offer as a service, sub-licence, or otherwise make available the Service to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use the Service to transmit unsolicited emails or engage in spamming; (vii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; (viii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Licensed Content; or (ix) use the Service in a manner which would or would likely incite, promote or support discrimination, hostility or violence.
3. CONTENT
a. User Content. You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and BA, you own all right, title and interest in and to your User Content. You grant BA a perpetual, royalty-free, worldwide, transferable, sub-licensable license to publicly display, transmit, adapt, host, reproduce, creative derivative works of, copy, store and use your User Content solely to the extent necessary to provide the Service.
b. Licensed Content. The Service may include a combination of third party User Content and Licensed Content. While you retain ownership of your User Content, your use of any third party User Content and Licensed Content is subject to these Terms.
c. Sharing and Publishing User Content. When you upload your User Content to the Service, you acknowledge that we may publish or share your User Content with others within the Service. BA maintains no responsibility in relation to such sharing of the User Content and shall not be held responsible if the User Content violates any laws or infringes any intellectual property rights.
d. Prohibited Use. You are prohibited from doing, or authorising the doing of, any of the following with any third party User Content and Licensed Content: (i) sub-license, re-sell, rent, lend, assign or otherwise transfer or distribute the content or the rights granted under these Terms; (ii) use any of the content as part of a trade mark, design mark, trade name or business name or service mark; (iii) use the content for any commercial, promotional, endorsement, advertising or merchandising use; (iv) use the content in a way that is offensive, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the content into disrepute; (v) use the content in a manner that competes with BA’s business including, but not limited to, displaying content in any format for download or export on a website, or offering content for sale; (vi) incorporate the content in any product that results in a re-distribution or re-use of the content or is otherwise made available in a manner such that a person can extract or access or reproduce the content as an electronic file; (vii) to the extent that source code is contained within the content, reverse engineer, decompile, or disassemble any part of such source code; (viii) use the content for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons; (ix) use or display the content in a manner that gives the impression that the content was created by you or a person other than the copyright holder of the content (including without limitation, by claiming ownership of, or exclusive rights to, the content); or (x) otherwise use the content in any way which is contrary to law and not expressly authorised under these Terms.
e. Content Disclaimers. BA will use its best endeavours to ensure the Licensed Content available via the Service is complete, up to date and accurate, but relies on the statements of third parties in creating the Licensed Content and relevant information of third parties being available to BA in a form that can be easily found and accessible, and often does not undertake its own research to verify these statements or information. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, BA does not warrant, guarantee or make any representation: (i) that the Licensed Content, or the Service that makes the Licensed Content available, is free of malicious code; (ii) about the accuracy, reliability, timeliness or otherwise of any information contained or referred to in the Licensed Content; and (iii) that the Licensed Content is complete and exhaustive. BA is not liable to you for any errors or omissions in the Licensed Content and you are required to conduct your own due diligence with respect to all laws and regulations surrounding single-use plastic bans in Australia before relying on the Service.
4. BA’s INTELLECTUAL PROPERTY
Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of BA and its licensors. You assign to BA any suggestions, ideas, enhancement requests, or other feedback you provide to BA relating to the Service. BA owns all content, data, trade marks, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service, excluding any User Content.
5. WARRANTY DISCLAIMER
The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, BA, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. BA does not warrant that: (i) the information available via the Service is exhaustive; (ii) your use of the Service will be uninterrupted or error-free; and (iii) it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service may involve transmission of your data over networks that BA does not own, operate, or control, and that BA is not responsible for any of your data lost, altered, intercepted or stored across such networks outside BA’s reasonable control. BA will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside BA’s reasonable control.
6. THIRD PARTY CONTENT
You acknowledge that the Licensed Content may incorporate third party content which is not owned but is licensed by BA. BA makes no representations or warranties in relation to that third party content and expressly disclaims all liability arising from your use of that third party content. BA will use its best endeavours to verify any third party content it makes available via the Service, including certifications of materials relevant to single-use plastic ban compliance. BA does not accept liability (including fines, penalties and legal action) resulting from your decision to rely solely on the third party content on the Service.
7. YOUR INDEMNITY OBLIGATIONS
You agree, to the extent permitted by law, to defend, indemnify and hold harmless BA and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.If BA suffers harm due to your User Content or your breach of these Terms, or if someone tries to hold BA responsible for your content or your breach of these Terms, you’ll be responsible for any costs incurred by BA and defending BA.
8. LIMITATION OF LIABILITY
a. Liability Cap. In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed AUD$100. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the sections entitled ‘Restrictions on Use of the Service’ and ‘Prohibited Use’.
b. Exclusions. In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, loss of business, loss of data or loss of profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘Restrictions on Use of the Service.’ BA is not responsible for, and assumes no liability for, the contents of User Content.
c. Non-excludable Rights. These terms do not affect consumer rights that cannot by law be waived, limited or excluded. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or wilful misconduct.
9. TERM AND TERMINATION
a. Term. These Terms shall take effect the first time you access the Service and shall continue in full force and effect until you permanently cease use of the Service.
b. Violations. If BA, in its reasonable discretion, determines that you, your use of the Service, or your User Content violate these Terms, BA may delete the prohibited User Content and/or revoke your access to the Service. BA may take these actions where BA reasonably considers that your User Content: (i) is not of acceptable quality; (ii) infringes a third party’s rights; (iii) violates these Terms; (iv) is fraudulent or violates any laws; or (v) would or does subject BA or any users of the Service to legal action. Following any of the foregoing, you must cease using the Service and any Licensed Content. You will lose access to your User Content, and any other information uploaded to the Service (and we may delete all such data unless legally prohibited). If your access to the Service is revoked by us, your User Content may continue to be made available by us as part of the Service.
c. Survival of Terms. Sections titled ‘Restrictions on Use of the Service’, ‘Prohibited Use’, ‘BA’s Intellectual Property’, ‘Your Indemnity Obligations’, ‘Limitation of Liability’, ‘Term and Termination’, and ‘Miscellaneous’ inclusive, shall survive any expiration or termination of these Terms.
10. INFRINGEMENT CLAIMS
If you find out from BA or somewhere else that there’s a claim of infringement of another’s right for which BA might be liable, you have to stop using the Licensed Content or User Content (as applicable) immediately, at your own expense. This applies whether the claim is threatened, potential or actual. You also have to immediately delete or remove the Licensed Content and User Content from your premises, computer systems and storage (electronic or physical) and confirm in writing to BA if requested.
11. MISCELLANEOUS
a. Governing Laws. These Terms will be governed by and construed in accordance with the laws of the state of New South Wales, Australia. All parties hereby submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
b. Assignment. You may not assign these Terms or any of your rights under these Terms without BA’s consent. BA may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.
c. Changes to these Terms. We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on the Service and will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.
d. Changes to the Service. BA may: (i) add, change or remove features or functionality to the Service; (ii) modify or introduce limitations to features; or (iii) discontinue the Service altogether at any time. e. Entire Agreement. These Terms and the terms and policies referenced herein constitute the entire agreement between you and BA with respect to the Service.
