1. About the Website
(a)
Welcome to Bill Help Hub (Website). The Website refers reliable essential
services for personal and
business (Services).
(b)
The Website is operated by Nevits Projects (ACN 623 493 854). Access to and use of the Website, or any of its associated
Products or Services, is provided by Nevits Projects.
Please read these terms and conditions (Terms)
carefully. By using, browsing and/or reading the Website, this signifies that
you have read, understood and agree to be bound by the Terms. If you do not agree
with the Terms,
you must cease
usage of the Website, or any of Services, immediately.
(c)
Nevits
Projects reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Nevits Projects updates
the Terms, it will use reasonable
endeavours to provide
you with notice
of updates to the Terms.
Any changes to the Terms take immediate effect from the date
of their publication. Before you continue, we recommend you keep a copy of the
Terms for your records.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Nevits Projects in the user interface.
(a)
In order
to access the Services, you must first
register your details
in the forms relating to the service and our patrners will authorise you to a
service of your choice.
(b)
As part of the registration
process, or as part of your continued use of the Services, you may be required to provide personal
information about yourself
and/or your business
(such as identification or contact details), including:
(i)
Name
(ii)
Email address
(iii)
Telephone number
(iv)
Business Name
(v)
Contact Person
(vi)
Contact Details
(vii)
Usage details
(viii)
Current Provider(s)
(ix)
Bill information from provider(s)
(c)
You warrant that any information you give to Nevits Projects in the course of
completing the registration
process will always be accurate, correct and up to date.
(d)
Once you have completed the registration process,
you will be a registered member of the Website (Member) and agree to be bound by the Terms.
(e)
You may not use the Services and may not accept the Terms if:
(i)
you are not of legal age to form a binding contract
with Nevits Projects; or
(ii)
you are a person
barred from receiving the Services under
the laws of Australia or other countries including the country
in which you are resident or from which you use the Services.
(a)
As a Member, you agree to comply with the following:
(i)
you will use the Services only for purposes that are
permitted by:
(A)
the Terms; and
(B)
any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions;
(ii)
you have the sole responsibility
for protecting the confidentiality of your password and/or email
address. Use of your password
by any other person may result in the
immediate cancellation of the Services;
(iii)
any use of your registration
information by any other person, or third parties, is strictly prohibited. You
agree to immediately notify Nevits Projects of any unauthorised use of your password
or email address
or any breach of security
of which you have become aware;
(iv)
access and use of the Website
is limited, non-transferable and allows for the sole use of the Website by you for the
purposes of Nevits Projects providing the Services;
(v)
you will not use the Services
or the Website in connection with any commercial endeavours
except those that are specifically endorsed or approved by the management of Nevits Projects;
(vi)
you will not use the Services or
Website for any illegal and/or unauthorised use which includes
collecting email addresses
of Members by electronic or other means for the purpose of sending
unsolicited email or unauthorised framing of or
linking to the Website;
(vii)
you agree that commercial
advertisements, affiliate links, and other forms of solicitation may be removed
from the Website without notice and may result in termination of the Services. Appropriate legal action
will be taken
by Nevits Projects for any illegal or unauthorised use of the Website; and
(viii)
you acknowledge and agree that any automated use of the Website or its Services is prohibited.
(a)
All payments made in the course of
your use of the Services are made using
. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on their website.
(b)
You acknowledge and agree that
where a request for the payment of the Services Fee is returned or denied, for whatever reason,
by your financial institution or is unpaid by you for any other reason, then you are liable
for any costs, including banking fees and charges, associated with the Services
Fee.
(c)
You agree and acknowledge that Nevits Projects can vary the Services Fee at any time.
(a)
Nevits Projects will only provide
you with a refund of the Services
Fee in the event they are
unable to continue to provide the Services or if the manager of Nevits Projects makes a decision,
at its absolute discretion, that it is reasonable to do so under the
circumstances (Refund).
(b)
Any benefits set out in this Terms and Conditions may apply in addition to consumer's
rights under the Australian Consumer Law.
(a)
The Website, the Services and all of the related products of Nevits
Projects are subject to copyright. The material
on the Website is protected by copyright under
the laws of Australia
and through international treaties. Unless otherwise indicated, all rights
(including copyright) in the Services and compilation of the Website (including
but not limited to text, graphics, logos, button icons, video images, audio
clips, Website code, scripts, design elements and interactive features) or the
Services are owned or controlled for these purposes, and
are reserved by Nevits Projects or its contributors.
(b)
All trademarks, service marks
and trade names
are owned, registered and/or licensed by Nevits
Projects, who grants to you a worldwide, non-exclusive, royalty-free, revocable
license whilst you are a Member to:
(i)
use the Website
pursuant to the Terms;
(ii)
copy and store the Website and the material
contained in the Website in your
device's cache memory; and
(iii)
print pages
from the Website for your own personal and non-commercial use.
Nevits Projects does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Nevits Projects.
(c)
Nevits Projects retains all rights,
title and interest
in and to the Website
and all related Services. Nothing you do on or in
relation to the Website will transfer any:
(i)
business name, trading name, domain name, trade mark, industrial design, patent,
registered design or copyright, or
(ii)
a
right to use or exploit
a business name,
trading name, domain
name, trade mark or industrial design, or
(iii)
a thing, system or process that is
the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
(d)
You may not, without the prior
written permission of Nevits Projects and the
permission of any other relevant rights owners: broadcast, republish, up-load
to a third party, transmit, post, distribute, show or play in public, adapt or
change in any way the Services or third party Services
for any purpose,
unless otherwise provided
by these Terms.
This prohibition does not
extend to materials on the Website, which are freely available for re-use or
are in the public domain.
Nevits Projects takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Nevits Projects Privacy Policy, which is available on the Website.
(a)
Nothing in the Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by
law may not be limited or excluded.
(b)
Subject to this clause, and to the extent permitted
by law:
(i)
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are
excluded; and
(ii)
Nevits
Projects will not be liable for any special, indirect or consequential loss or
damage (unless such loss or damage is reasonably foreseeable resulting from our
failure to meet an applicable Consumer Guarantee), loss of profit
or opportunity, or damage to goodwill arising
out of or in connection with the Services
or these Terms (including as a result of not being
able to use the Services or the late supply of the Services), whether at common
law, under contract, tort (including negligence), in equity, pursuant to
statute or otherwise.
(c)
Use of the Website
and the Services
is at your own risk.
Everything on the Website and the
Services is provided to you "as is" and "as available"
without warranty or condition of any
kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Nevits Projects make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Nevits Projects) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i)
failure of performance, error,
omission, interruption, deletion, defect, failure to correct defects, delay in
operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful
third party conduct,
or theft, destruction, alteration or unauthorised
access to records;
(ii)
the accuracy, suitability or currency of any information on the Website,
the Services, or any of its
Services related products (including third party material and advertisements on
the Website);
(iii)
costs incurred as a result
of you using
the Website, the Services or any of the
products of Nevits Projects; and
(iv)
the Services or operation in respect to links which
are provided for your
convenience.
(a)
Nevits Projects's total liability arising out of or in connection with the Services
or these Terms, however
arising, including under contract, tort (including negligence), in equity, under
statute or otherwise, will not exceed the resupply of the Services to you.
(b)
You expressly understand and agree that Nevits Projects, its affiliates, employees, agents, contributors and licensors shall not be liable to you
for any direct, indirect, incidental,
special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Nevits Projects. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Nevits Projects will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
(a)
The Terms will continue
to apply until terminated by either you or by Nevits Projects as set
out below.
(b)
If you want to terminate
the Terms, you may do so by:
(i)
providing Nevits
Projects with days' notice
of your intention to
terminate; and
(ii)
closing your accounts for all of the services which
you use, where
Nevits Projects
has made this option available to you.
Your notice should be sent, in writing, to Nevits Projects via the 'Contact Us' link on our homepage.
(c)
Nevits Projects may at any time, terminate the Terms with you if:
(i)
you have breached
any provision of the Terms or intend to breach any provision;
(ii)
Nevits Projects is
required to do so by law;
(iii)
the provision of the Services to you by Nevits Projects is, in the opinion of Nevits Projects, no longer commercially viable.
(d)
Subject to local applicable laws, Nevits Projects reserves
the right to discontinue or cancel
your membership at any time and may suspend or deny, in its sole discretion, your access
to all or any portion of the Website or the Services without notice if you
breach any provision of the Terms or any applicable law or if your conduct
impacts Nevits Projects's
name or reputation or violates the rights of those of another party.
You agree to indemnify Nevits Projects, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a)
all actions, suits, claims,
demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with your content;
(b)
any direct or indirect
consequences of you accessing, using
or transacting on the Website or attempts to do so; and/or
(c)
any breach of the
Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a)
Within 28 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually agree;
(b)
If for any reason whatsoever, 28
days after the date of the Notice, the Dispute has not been resolved, the
Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Here is a list of accredited
mediation bodies in Australia - msb.org.au/msb-member-list.
Common choices include the Australian Mediation Association and the Resolution
Institute.;
(c)
The Parties are equally liable for
the fees and reasonable expenses of a mediator and the cost of the venue of the
mediation and without limiting the foregoing undertake to pay any amounts
requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d)
The mediation will be held in Sydney,
Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Services offered by Nevits Projects is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles,
notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.