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Terms and Conditions

Welcome to BackBone!

To make it easier for you to understand the terms on which we provide our Platform, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English. These terms apply to our web application which is a platform which allows businesses to advertise and gain endorsements for their products and services and is further described on our website accessible at www.bizbackbone.com (Platform). We’ve set out these Terms to govern your subscription to the Platform (Subscription). When we talk about “Backbone”, “we,” “our,” or “us” in these Terms, we are referring to Backbone Services Pty Ltd ABN 33 656 180 504. We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned. By clicking the tick box on the Platform, paying for your Subscription, signing up for a Trial or otherwise accepting the benefit of any part of the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you or the company you represent (you) and Backbone. You represent and warrant that you have valid authority to enter into these Terms on behalf of any entity you may represent.

Introduction

These Terms set out the terms and conditions that apply when you use the Platform. By using the Platform or otherwise engaging with the content on the Platform, you represent and warrant that you: (a)Are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these Terms; and (b)Operate a valid business in the jurisdiction you are operating in and have the relevant business ID number for the jurisdiction. Please have a careful read through these Terms before using the Platform. If you don’t agree to these Terms, please do not continue to use the Platform. We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Platform after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.

Disclaimer

By accessing the Platform, you acknowledge and agree that: (a)Backbone is a forum for businesses to interact with each other and provides advertising space to these businesses and to the extent permitted by law, disclaims all warranties in relation to any posts by a Backbone Account user about the products or services they advertised on the Platform (b)Backbone does not represent that any endorsements or advertisements on the Platform will be accurate or guarantee any results; (c)You will make your own enquiries as to the nature and reliability of any products, services or businesses advertised on the Platform; (d)Backbone does not endorse or evaluate any of the advertised products, services and claims posted on the Platform; and

Waitlist & Early Access

(a)You may register for early access to the Platform by completing the sign-up form available on the Platform (Waitlist). (b)By joining the Waitlist, you acknowledge and agree that the information you provide during the Waitlist registration process may be used by Backbone to complete the registration of your Backbone Account. (c)By joining the Waitlist, you are not guaranteed early access to the Platform. You acknowledge and agree that your early access to the Platform will be granted at the sole and absolute discretion of Backbone. (d)Backbone may provide you with free access to the Platform and credit towards your use of the Platform at times and amounts determined by Backbone (Early Access Benefits). (e)You acknowledge and agree that Backbone is not obliged to provide you with any Early Access Benefits. Optional: We may use Google Analytics to collect and process data, including when you use third party websites or apps. To find out more see How Google uses data when you use our partners’ sites or apps.

Account Registration

General

In order to use the Platform, you will be required to sign up for an account (Backbone Account). When you register for a Backbone Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration. You agree that you’re solely responsible for: (a)Maintaining the confidentiality and security of your Backbone Account information and your password; and (b)Any activities and those of any third party that occur through your Backbone Account, whether those activities have been authorised by you or not. You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Backbone Account information or your password.

Verification

(a)(Verification) We may offer or require you to verify your details (including, business, company and credit card details) using our processes or an external identity verification service as applicable (Verification Service). (b)(Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 20. Where a Verification Service is used, you acknowledge and agree that: (i)We may contact and share your personal information with a Verification Service to verify your details; (ii)You consent to us receiving, sharing and using this information to enable us to carry out the Verification Service. (c)(Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform. (d)(Warranty and Indemnity) You acknowledge and agree that: (i)We are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that

Fees

Trial

Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.

Subscription

(a)Subject to 6.1, access to the Platform is available via a paid subscription (Subscription).We may have different subscription periods (Subscription Period). Details of Subscriptions as well as the associated fee for each (Subscription Fees) will be set out on the Platform. (b)The Subscription Fees may be paid via the Platform or as otherwise notified by us to you, depending on our current prices and billing processes. (c)Once you subscribe to the Platform, your Subscription will continue to renew automatically at the end of each Subscription Period, and you will continue to be charged Subscription Fees unless you cancel your Subscription in accordance with clause 19.

Subscription Fees & Payment

(a)(When Subscription Fees are due) You must pay the Subscription Fee at the beginning of each Subscription Period. You may choose your preferred Subscription Period via the Platform. (b)(Automatic recurring billing) Your Subscription will continue to renew after the end of each Subscription Period, indefinitely, and you must pay Subscription Fees in respect of each Subscription Period in advance, unless you notify us before the end of the then current Subscription Period that you want to cancel your Subscription. Otherwise, we will continue to automatically charge the Subscription Fees from your nominated account at the beginning of each Subscription Period. We will not pay any charge back amount if you fail to cancel your Subscription. You acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Subscription. (c)(Failure to pay) If Subscription Fees are not paid when they are due, we may suspend your Backbone Account for 1 month (Suspension Period). If you do no pay the outstanding Subscription Fees within the Suspension Period, we will cancel your Backbone Account and all information and remove all endorsements associated with your Backbone Account. (d)(Third Party Payment Provider) We use third-party payment providers (Payment Provider) to collect Subscription Fees. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

Referral Fees

(a)Backbone may, in its absolute discretion, provide users with referral benefits (Referral Benefits) if this clause 7 is met (Referral Program). A Referral Benefit may take the form of advertising credit or Subscription credit or any other benefit and will not take the form of any currency or money. A Referral Benefit will only be payable to you if you refer to us a new user (New User) who has not previously registered a Backbone Account. (b)The New User must: (i)not be a member of the Platform; and (ii)sign up for a Subscription. (c)Backbone may withdraw, vary, suspend or cancel any part of the Referral Program at any time in its absolute discretion. (d)If your Referral signs up to the Platform, Backbone may provide you with a Referral Benefit as communicated to you by Backbone.

Promotions

Backbone may run one or more promotions, including but not limited to those referred to in these Terms such as Trials, Early Access Benefits and Referral Benefits (Promotions). Additional details on Backbone’s current Promotions will be set out on Backbone’s website accessible here www.bizbackbone.com.

Advertising Space

(a)You may pay for advertising space on the Platform using the functionality provided on the Platform (Advertising Space). (b)Backbone offers the following types of advertising: (i)cost per click (ii)cost per impression; or (iii)targeted ads together referred to as “Ads” (c)Information regarding the payment plans for the Ads is available on the Platform.

Partnerships

(a)As a part of your Subscription, we may introduce you to other businesses which may offer you discounted rates or other benefits in relation to their services (Partners). (b)By engaging a Partner’s services, you acknowledge and agree that Backbone’s participation in this relationship is introductory in nature, and we have no liability for any acts or omissions of the Partner. (c)To the maximum extent permitted by law, we disclaim all warranties regarding the Partner’s provision of services and you should make your own inquiries as to the nature of the Partner’s services before engaging them.

Refunds

Except as otherwise set out on our Platform, we don’t offer refunds for any of our subscriptions and any refunds we issue will be solely at our discretion.

Acceptable Use

(a)We’ll need you to make a few promises about the way you’ll use the Platform. (b)You agree: (i)Not to copy, reproduce, translate, adapt, vary or modify the Platform without our express consent; (ii)Not to use the Platform in a manner that is illegal, fraudulent, sexually explicit, politically or religiously inappropriate or facilitates illegal or fraudulent activity; (iii)Not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment; (iv)Not to attempt to breach the security of the Platform or Backbone’s system security, or otherwise interfere with the normal function of the Platform, including by: (A)Gaining unauthorised access to Backbone Accounts or data about other users of the Platform; (B)Scanning, probing or testing the Platform for security vulnerabilities; (C)Overload, flood, mailbomb, crash or submit a virus to the Platform or Backbone’s system; or (D)Instigate or participate in a denial-of-service attack against the Platform or Backbone’s system; and (c)To ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Platform comply with the Terms. (d)If you breach or are suspected to have breached any of your obligations in this clause 12, Backbone reserves the right to suspend or cancel your Subscription without notice or any refunds.