TERMS AND CONDITIONS
In these terms and conditions, "us", "we" or "our" means J & N Executive Pty Ltd ATF J & N Executive Trust trading as Brow Bible Academy. It is important to us that you understand these terms and conditions which relate to your use of https://browbibleacademy.com and the App (the "Site &/or App"). If you have any questions, please contact us via the Contact Us page.
2. Licence to Use the Materials in the Brow Bible Academy Portal
a. We have created a Brow Bible Academy library of resources (“BBA Materials”), all of which will remain at all times our intellectual property and over which we exercise our full rights.
b. You have the opportunity to access the BBA Materials on the basis that you create a membership profile and pay the license fee as and when it falls due on an ongoing basis.
c. We reserve the right to amend, add to, update, delete and change the BBA Materials at any time without notice to you. We may notify you of any such changes however are not obliged to. In the event you are not happy with the change to the BBA Materials, you are entitled to discontinue your membership however will not be entitled to a refund of any membership fees already paid.
d. Upon your payment of the License Fee, and continuing to pay the License Fee as and when it falls due, we grant to you a limited use, non-exclusive license to use the BBA Materials for an appropriate purpose which will not cause damage to our reputation or business generally (the “License”).
e. The License will become active upon our receipt of cleared funds and will continue until such time as you or we terminate the Licence, or until the Licence is temporarily suspended for failure to pay the License Fee as and when it falls due.
f. You are not entitled to share your login details with another person or provide the BBA Materials to a third party or any other person as this License is personal to you. Should another person wish to view the BBA Materials, they must create their own account and pay a License Fee to gain a personal right to view the materials.
g. You must not pass off the BBA Materials as being your own materials, nor can you sell your membership to another person or entity.
h. You may only have one account and must not at any point in time create an account that does not have your correct details, nor an account impersonating another person, entity or business.
i. BBA Materials which require streaming will be provided using a third party host such as Vimeo or Youtube, which may be changed at our discretion without notice to you.
3. Service and features
a. To the extent permitted by the Australian Consumer Laws and any other relevant law, we do not warrant that the products or services will be fit for purpose or of a particular merchantable quality.
d. In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you, or any other relevant third party to report such unusual activity.
e. While we use reasonable endeavours to ensure that the Site &/or App are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Site &/or App may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
f. We reserve the right to change or discontinue any service or feature of the Site &/or App in whole or in part any time.
g. Should you choose to transfer funds to an account nominated by us, please ensure that you call us to confirm the account details provided to you if you are transferring an amount over $500 to as to minimize any incidents of hacking or fraud.
h. You understand that we are not a supplier but are an intermediary buying agent for you. As such, you agree to hold us harmless and indemnify us against any costs, claims, liability, legal action and any issues caused (including any consequential loss) as a direct or indirect result of your purchasing products from third parties suggested to you through our service. Although we will provide you with reasonable customer assistance where a third party dispute arises, we are in no way liable for the actions and/or any loss caused by a third party, and by using our service, to the full extent permitted by the law, you agree that you will not join us in any claim or seek compensation from us at any point of time. We agree to facilitate returns for defective goods, however will not be liable for the value of the defective goods, as your contract of purchase will be directly with the third party supplier.
a. We do not facilitate refunds for change of mind, change of your financial situation or circumstances, so please choose carefully.
b. To the extent permitted by the Australian Consumer Laws and any other relevant law, we do not warrant that the products or services will be fit for purpose or of a particular merchantable quality.
c. Where the item you have purchased is faulty or significantly different to the item pictured on the website, please contact us to discuss the situation so that we can reach a suitable outcome in compliance with the Australian Consumer Laws.
d. In the event we sell you a product online, and you have chosen the wrong product, or a different product to what you ordered arrives, provided the item is in merchantable condition complete with tags attached, and wrapping intact, no marks or damage, we will use best endeavours to provide you with an exchange for the correct item. If you chose the wrong item, you will be responsible for postage to return the new item to you once we receive the returned item in merchantable condition. If you chose the correct item but we packaged the incorrect item, we will cover the cost of postage of the correct size to you once we receive the returned item in merchantable condition.
5. Subscriptions & Payment Plans
a. Where we offer you a subscription now or in the future, you must ensure you have the financial means to meet the payments due under the subscription.
b. You may terminate your subscription by cancelling the subscription in your profile at least 5 business days prior to the renewal of the subscription billing period.
c. Where we offer you a payment plan now or in the future, although the payments will be deducted monthly, you will be liable for full payment of the original purchase price plus any fees and interest agreed when entering into the payment plan.
d. For both subscriptions and payment plans, we reserve the right to charge dishonour fees and administration costs incurred where your payment cannot be processed, and interest at the default rate for commercial contracts as notified by the relevant State Law Society on overdue payments where you have a payment plan.
6. Use of the Site &/or App and prohibited activities
a. You agree not to use the Site &/or App (or contact any other member of our Site &/or App) to:
i. defame, abuse, harass, stalk, threaten or otherwise offend others;
ii. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
iii. impersonate or create a profile for any person or entity;
iv. promote, or provide information about, illegal activities or conduct;
v. promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
vi. exploit any person under the age of 18, or to solicit information from anyone under 18; or
vii. solicit money, passwords or personal information from any person.
b. You also agree not to
i. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site &/or App;
ii. "frame" or "mirror" any part of the Site &/or App without our prior written authorization;
iii. use code or other devices containing any reference to the Site &/or App to direct other persons to any other web page;
iv. except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site &/or App or cause any other person to do so.
c. The Site &/or App are for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members. The Site &/or App must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to the Site &/or App is prohibited.
d. We have no obligation to monitor any member's use of our Site &/or App, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
7. Online Payment
a. We may provide a third-party payment facility service provider such as Paypal or Stripe, for you to pay for any services and the License from us and you agree to operate in accordance with the terms of that payment gateway or facility.
b. We will not store any of your financial data such as passwords or credit card numbers on our website or in our systems – if you provide such details to the third party payment facility service provider, they will be wholly responsible for appropriate storage of your data and you hold us harmless for any loss or damage you may suffer as a direct result of your use of that gateway or facility.
c. We will use best endeavours to provide a third-party payment facility that is reasonably priced, secure and easy to use however we cannot warrant their services and we reserve the right to change the third-party payment facility service provider at any time with no notice to you.
d. If you have an issue with the third-party payment facility, please make contact with us and we will assist where possible to have it resolved.
8. Intellectual property
a. We own and retain all proprietary rights in and relating to the BBA Materials, the Site &/or App. Proprietary rights in and relating to the BBA Materials, Site &/or App must not be used in any way without our prior written consent.
b. You warrant that any Content that you post or transmit on the Site &/or App, or otherwise transmit to any other member of our Site &/or App by any other means, will not infringe the intellectual property rights of any third party.
d. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on our Site &/or App, or otherwise transmitted to any member of our Site &/or App, other than their own Content, without the express written permission of the relevant owner.
e. If you believe that any Content has been posted or transmitted on the Site &/or App, or otherwise transmitted to any member of our Site &/or App by any other means, in violation of your rights, please send us an email via the Contact Us page.
9. External activities
a. From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).
b. External Activities may be subject to separate terms and conditions.
c. You acknowledge that you participate in any External Activities entirely at your own risk.
d. In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
10. Third party websites and advertising
a. From time to time, the Site &/or App may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Site &/or App and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave the Site &/or App entirely at your own risk.
b. From time to time, the Site &/or App may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
11. Limitation of liability and indemnity
a. You acknowledge that you use the Site &/or App at your own risk.
b. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Site &/or App, or any other members' or third party suppliers’ use of or conduct in connection with the Site &/or App, in any circumstance.
e. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Site &/or App purchased by you during the term of your membership.
f. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
a. You may become a member of the Site &/or App upon paying the membership fee, which you must continue to pay to stay a member.
b. You must be at least 18 years old to become a member of the Site &/or App. You must not attempt to register if you are under 18 years old.
c. As a member, you will also have the ability toaccess features and services available on the Site &/or App (such as TO COMPLETE or any chargeable service or feature that becomes available from time to time).
d. To make purchases online, you must be a member.
e. When registering as a member of the Site &/or App, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the relevant Site &/or App.
f. As a member of the Site &/or App, you are permitted to create one profile for yourself on that Site &/or App. You must not create multiple member profiles on the one Site &/or App.
h. You are responsible for maintaining the confidentiality and security of your login and password and wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.
14. Member Interaction
a. We do not permit members to interact on the website to protect you.
15. User Posting Content
a. Users are not allowed to post any content.
16. Termination and suspension
a. You may terminate your membership of the Site &/or App for any reason only by providing written notice to us. You can provide notice of termination by:
i. selecting 'cancel account' within your Account settings and following the instructions;
ii. mailing it to our postal address listed on the About Us page; or
iii. emailing us via the Contact Us page.
b. We reserve the right to, without limitation, do any or all of the following in relation to your membership:
i. suspend your membership;
ii. permanently or temporarily hide all or part of your member profile;
iii. modify your member profile;
iv. terminate your membership for any reason by providing notice to you by email;
vi. deactivate your membership if you have not used the Site &/or App for a period of 12 months or more (from the date of last use); and/or
vii. permanently or temporarily block your access to all or part of the Site &/or App.