Warning: Use of the Bizar Shop Software (“Bizar Shop”) is conditional upon you agreeing to the terms set out below.

Do not use Bizar Shop until you have read and accepted all the terms of this End User Licence Agreement.

 

Licence

The copyright in Bizar Shop and its documentation is owned by Bizar Software Pty Ltd ABN 34 094 351 596 (“Bizar Software”). Subject to the terms of this licence, you are granted a non-exclusive right for the Licence Period to use Bizar Shop.

 

Your obligations

You hereby undertake: not to copy, reproduce, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-licence, loan or distribute Bizar Shop or its documentation other than as expressly authorised by this licence; not to use Bizar Shop for or in connection with a service bureau operation; to supervise and control the use of Bizar Shop in accordance with the terms of this licence; to ensure that your officers, employees, subcontractors and other agents who have authorised access to Bizar Shop are made aware of the terms of this licence; not to provide or otherwise make available Bizar Shop in any form to any person; and to advise Bizar Software in writing within seven (7) days of you becoming aware of any person using Bizar Shop who is not licenced by Bizar Software to do so. You acknowledge that copyright subsists in Bizar Shop and any documentation and belongs to Bizar Software. You shall not during or any time after the expiry or termination of this licence permit any act which infringes that copyright. You shall indemnify Bizar Software fully against all liabilities, costs (on a solicitor and own client basis) and expenses, which Bizar Software may incur to a third party as a result of your breach of any of the provisions of this agreement.

 

Support

Bizar Software may from time to time make available support and other assistance in relation to Bizar Shop. Bizar Software shall provide email and phone support for Bizar Shop and should you wish to use these support services, then you agree to pay the then published rates of Bizar Software in relation to such services which are supplied pursuant to the terms and conditions set out in this agreement. Bizar Software reserves the right to suspend the provision of services unless its accounts are promptly paid.

 

Upgrades

Other than that set out under Support, nothing in this agreement imposes an obligation on Bizar Software to rectify any software or documentation errors in Bizar Shop or to provide you with any corrections, modifications, enhancements or other form of upgrades in relation toBizar Shop.

 

Disclaimer and Acknowledgments

You acknowledge that: Development, design and integration of e-commerce websites is a complex process; Bizar Shop incorporates the information as provided by You and by other software systems without checking the accuracy or compatibility of that information; Bizar Software is not responsible for the accuracy of the information supplied by You nor the compatibility of Bizar Shop with other software and data used by You; Supplied with Bizar Shop are certain operating instructions and a failure to follow these instructions carefully could result in errors in the design and operation of the website being produced by Bizar Shop; You should check all results provided by Bizar Shop for any anomalies; Bizar Shop is licenced to you on the understanding that, subject to the warranties below, Bizar Software is not responsible for the results of any actions taken, either by you or a third party relying on results supplied or not supplied by Bizar Shop.

 

Limited Warranty

Bizar Software warrants that Bizar Shop will comply with its published documentation from time to time. Bizar Software shall repair or replaceBizar Shop subject to notification of the defect within thirty (30) days of the date of the commencement of this licence and this shall be your sole remedy for any such defect. Bizar Shop and any documentation are provided “AS IS” and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement or to this agreement generally, including without limitation, warranties as to: quality; fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or virus free are excluded. Where any legislation implies in this agreement any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this agreement. However, the liability of Bizar Software for any breach of such term shall if permitted by that legislation be limited, at Bizar Software’s option, to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services: the supplying of the services again; or the payment of the cost of having the services supplied again.

 

Limitation of Liability

Except for personal injury (including sickness and death) and the Limited Warranty and to the extent permitted by law, Bizar Software shall not be under any liability (contractual, tortious or otherwise) to you in respect of any loss or damage (including, without limitation, consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to this agreement or the act, failure or omission of Bizar Software.

 

Duration

If this Agreement is extended then the terms and conditions of this Agreement shall apply with the necessary modifications. This Agreement may be terminated without notice in the following circumstances: if you breach any term of this agreement; if you become the subject of insolvency proceedings; if you, being a firm or partnership, are dissolved; or if you destroy Bizar Shop and documentation for any reason. Upon termination, you or your representative shall destroy any remaining copies of Bizar Shop and documentation or otherwise return or dispose of such material in the manner directed by Bizar Software. Termination pursuant to this clause shall not affect any rights or remedies, which Bizar Software may have otherwise under this licence or at law.

 

Fees

To the extent permitted by law and stated expressly to the contrary, Fees do not include any taxes, charges, levies or duty which may be payable on the supply of such goods and services including without limitation any GST, stamp duty or otherwise. To the extent permitted by law, you are responsible for such taxes, charges, levies and duties and shall pay same to Bizar Software upon request.

 

Assignment

You may only transfer all your rights and obligations under this licence to another party if you supply to the transferee a copy of this agreement, the licence information and all other documentation including proof of ownership. Your licence is then terminated.

 

Waiver

Failure or neglect by Bizar Software to enforce at any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of Bizar Software’s rights under this Agreement.

 

Severability

If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision or part provision, which shall be deemed deleted.

 

Entire Agreement

This agreement constitutes the entire agreement between the parties for the subject matter referred to in this agreement. Any prior arrangements, agreements, representations or undertakings are superseded. No modification or alteration of any clause of this agreement will be valid except in writing signed by each party.

 

Governing law

This agreement will be governed by and construed according to the law of the State of Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia.

 

Hosting Agreement

Definitions
In this Agreement unless the context otherwise requires:
(a) Agreement means this agreement, its recitals, clauses and any schedule of this agreement and any subsequent Services Request;
(b) Clause means a clause of this Agreement;
(c) Confidential Information means Bizar Software’s confidential information, which is not in the public domain and includes, without limitation:
(i) information relating to the design, specifications, computer programs, and content of the Internet Services;
(ii) information relating to the personnel, policies or business strategies of Bizar;
(iii) information relating to the terms upon which the Internet Services are offered pursuant this Agreement;
(d) Force Majeure means a circumstance beyond the reasonable control of the Bizar Software, which results in Bizar Software being unable to observe or perform on time an obligation under this agreement. Such circumstances shall include, without limitation, telecommunications and internet failures;
(e) Intellectual Property Right includes, without limitation, any right arising from or capable of arising from: the Circuits Layout Act 1989 (Cth); the Copyright Act 1968 (Cth); the Designs Act 1906 (Cth); the Patents Act 1990 (Cth); the Trade Marks Act 1995 (Cth); any similar legislation outside the Commonwealth of Australia, any similar unregistered right; and Confidential Information;
(f) Party means a party to this Agreement and its successors, trustees and permitted assigns;
(g) Services Request means a request by Customer for Bizar Software to supply or procure Internet Services for Customer;
(h) Sub-clause means a sub-clause of this Agreement;
(i) Internet Services means internet services, including, without limitation, web site hosting, domain name services, and Development Work.
(j) You means the Customer of Bizar Software.

 

Your Bizar Shop Hosting Responsibilities and Obligations

You shall, unless agreed otherwise in writing signed by Bizar Software: be responsible for, and without limitation, backup, any data owned by You that is stored on Bizar Shop or any data transmitted or caused to be transmitted over the Internet; keep its password and user account details confidential and not disclose same to any other party. Should any such disclosure occur You shall report same to Bizar Software in writing as soon as possible; properly train itself and its staff in the use of the Internet; provide equipment which Bizar Software considers suitable to use Bizar Shop; fully comply with Bizar Software’s Publishing Policy which may be updated and changed from time to time; comply with all relevant legislation; release, indemnify and keep indemnified Bizar Software, its servants and agents against all liability, claim, action, suit, demand, loss, cost (including legal costs on a solicitor and own client basis) or expense arising out of or in any way connected with this Agreement or Bizar Shop, including without limitation, defamation,

 

Intellectual Property Right infringement.

You shall not: interfere with the network or disrupt any other user, service or equipment; install, upload or execute any computer programs which have not been checked and are not expressly specified in a completed Bizar Software Product/Service Request Form; use Bizar Shop for any illegal, unauthorised or dangerous purpose; publish any material for which You are not the the Intellectual Property Right owner or is so authorised to publish; and transfer, assign, sell to or share with any other person any right under this Agreement. You also acknowledge that Bizar Software does not and cannot monitor or control the content and information accessed via the Internet and shall not hold Bizar Software responsible in any way for any content or information accessed via the Internet.

 

Bizar Shop Hosting Rights

Bizar Software may, whilst being under no obligation to do so and at its sole discretion, without notice or giving any reason or incurring any liability for doing so: delete any material found on its equipment and/or refuse to publish any material which is, in Bizar Software’s opinion, unauthorised; illegal or possibly illegal; unlawful; obscene; infringes any Intellectual Property Right of any third party; defamatory; excessive in volume; uncollected for an excessive period; in an unauthorised area; dangerous; or in breach of Bizar Software’s Publishing Policy which may be updated and changed from time to time; take action if it suspects that malicious, illegal or unacceptable usage of Bizar Shop is occurring or has occurred, including without limitation loss, destruction or disposal of access passwords; Suspend Bizar Shop immediately if You are in breach of Your Bizar Shop Hosting responsibilities and obligations; and use copies of any websites developed using Bizar Shop in Bizar Software’s advertising material and link to or frame the website for the purpose of demonstrating a sample of Bizar Software’s projects.

 

Limited Warranty

Bizar Software shall supply Bizar Shop Hosting with all due care and skill. Bizar Software cannot and does not warrant that Bizar Shop Hosting will be available 24 hours a day or that any fault will be corrected within a specific time frame.

 

Exclusions and Limitation of Liability

Except as expressly provided to the contrary in this Agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this Agreement or to this Agreement generally, are excluded. Unless Bizar Software otherwise agrees in writing, Bizar Software is not responsible for, without limitation: ensuring that Bizar Shop Hosting is suitable for Your requirements or fit for any purpose; any interruption to Bizar Shop Hosting due to, without limitation, equipment failure, the need for routine maintenance, peak demand and so on; the supply or maintenance of Your equipment, software or telephone lines; monitoring, controlling or ensuring the accuracy, appropriateness or content of any information on the Internet and does not do so; and any software available on the Internet. Bizar Software does not endorse or approve of any materials on the Internet and shall not be liable in any way for such materials. Bizar Software shall not be under any liability to You in respect of any loss or damage (including, without limitation, consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or Bizar Shop pursuant to this Agreement or the failure or omission on the part of Bizar Software to comply with its obligations under this Agreement.

 

Waiver

Failure or neglect by Bizar Software to enforce at any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of Bizar Software’s rights under this Agreement.

 

Severability

If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision or part provision, which shall be deemed deleted.

 

Termination

Without limiting the generality of any other Clause in this Agreement Bizar Software may terminate this Agreement or any Services Request immediately by notice in writing if: any payment due from You to Bizar Software pursuant to this Agreement remains unpaid for a period of 14 days; You breache any Clause of this Agreement and such breach is not remedied within 14 days of written notice by Bizar Software; You are otherwise no longer capable of complying with its obligations under this Agreement; or You become, threaten or resolve to become or are in jeopardy of becoming subject to any form of insolvency administration; You, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; You being a natural person, dies; or You cease or threaten to cease conducting its business in the normal manner.

If this Agreement or any Services Request is terminated then Bizar Software may in its sole discretion: retain all moneys paid, which is agreed to be a genuine estimate of part of Bizar Software’s loss and damage suffered; charge a reasonable sum for Internet Services performed in respect of which no sum has been previously charged; be regarded as discharged from any further obligations under this Agreement; and pursue any additional or alternative remedies provided by law. Where a Services Request refers to periodic Internet Services (eg per annum or per month) then such Internet Services shall automatically be supplied again for a similar period unless You provide a written notice that You do not require such Internet Services 30 days prior to the expiration of such a period. The covenants, conditions and provisions of this Agreement which are capable of having effect after the expiration of this Agreement shall remain in full force and effect following the expiration of the Agreement.

 

Entire Agreement

This agreement constitutes the entire agreement between the parties for the subject matter referred to in this agreement. Any prior arrangements, agreements, representations or undertakings are superseded. No modification or alteration of any clause of this agreement will be valid except in writing signed by each party.

 

Governing law

This agreement will be governed by and construed according to the law of the State of Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia.

 

Publishing Policy

Websites – Users shall NOT:

a. Publish a website that is unlawful, obscene, vilifying, or contains libelous content.

Illegal Activities – Users shall NOT:

a. Engage in illegal activities including cracking, probing, or analysing security systems.
b. Attempt to crash or interfere with any Bizar Software computer systems.
c. Breach the Trade Practices Act.
d. Breach the Classification (Publications, Films and Computer Games) (Enforcement) Act (Vic) 1995.
e. Breach the Copyright Act.
f. Breach the Broadcasting Services Amendment (Online Services) Act 1999.

 

General

a. Harassment or abuse, whether physical, verbal or written, of other users or Bizar Software staff members, may, by the sole discretion of Bizar Software, result in the cancellation of the user’s Bizar Software account(s).
b. Users must not display inappropriate materials or use inappropriate language whilst using Bizar’s services (see Illegal Activities above).
c. All site content and designs featured on the Bizar website are copyright. They may not be copied without the express permission of Bizar Software, which reserves all rights. Reuse of any of Bizar Software editorial content and graphics online for any purpose is strictly prohibited.
d. It is prohibited to copy or adapt the HTML or code that Bizar Software creates to generate pages.
Bizar Software reserves the right to alter this document at any time and it is the responsibility of Bizar Software Users to have read the most up-to-date Bizar Software Publishing Policy.

 

Privacy Policy

Bizar Software is committed to your privacy and security. We will not sell, share or rent your personal information to others in ways different to those stated in this statement. This Privacy Statement sets out:

* what information we collect and how we collect it;
* how we use that information;
* who the information is provided to;
* what procedures are in place to prevent the loss, misuse or alteration of information under our control; and
* how you can correct any inaccuracies of personal information collected by us.

 

We will not collect any personal information about you except when you knowingly provide it. Personal information is information that can identify you personally, for example your name or email address. We will only collect personal information if you:

 

* sign up for on-line publications including the Totally Bizar newletter; or
* make a purchase from online store; or
* download Bizar Shop; or
* register for an online trial of Bizar Shop.

 

We will not reveal personal information we collect to any third parties.

 

Cookies

When you visit www.bizarsoftware.com.au, we do collect information about your visit using a feature called a “cookie”. A cookie is a small text file containing a unique identification number that is transferred from a web site to the hard drive of your computer so that the site may identify your computer and passively track its activities on the web site. This unique number identifies your web browser, but not you, to our servers whenever you visit our online store. Transfering cookies to our server is completely optional. If you want to be totally anonymous during browsing and selecting products, you may do so by turning cookies off in your browser options.

 

Online Store

For us to process your order, we need to know your name, delivery address and possibly credit card details. We will never collect sensitive information about you without your explicit consent. When you purchase any items in our online store and select to pay by credit card, the information you give us passes via our secure server using SSL encryption and then forwarded onto our accounts department for processing. Credit card details provided in the course of shopping, is never stored on any web or email server. All personal information collected by Bizar Software is stored in a database on a secure server. For more information on information security, please refer to the Security Help page.

 

Newsletters

You can always change your preferences about emails you receive and update your personal information by visiting the web page where you signed up and log in. You may always unsubscribe from newsletters to which you have subscribed. If there is any inaccuracies or questions in any of your personal information, please contact us.

 

Questions

All questions regarding this policy should be directed to:
Bizar Software Pty Ltd
113 Kangaroo Road
Hughsdale
Vic 3166

 

Terms and Conditions

Websites – Users shall NOT:

1. publish a Website that is unlawful, obscene, vilifying, or contains libellous content.

Email – Users shall NOT:

1. send Emails or post messages which are unlawful, excessively large (> 5Mb), obscene, vilifying, or contain libellous content. b. send unsolicited advertisements (“Spam”), chain letters or similar Emails.
2. use Bizar as a relay for Email without Bizar’s express permission
3. modify the sender, time, server or other header information of Emails.
4. send large numbers of Email to one address with the purpose of interfering with the use of that address.
5. Accumulate email in a mailbox to a volume larger than 20 Mb on the Bizar server without downloading it. In such circumstances, Bizar may, amongst other things and in its sole discretion, return or bounce all emails sent to such a mailbox.

 

Spam

Bizar may in its sole discretion and without notice remove any domain which either by support or inaction allows the sending of Spam.

Illegal Activities – Users shall NOT:

1. engage in illegal activities including cracking, probing, or analyzing security systems.
2. attempt to crash or interfere with any computer systems.
3. breach the Trade Practices Act.
4. breach the Classification (Publications, Films and Computer Games) (Enforcement) Act (Vic) 1995.
5. breach the Copyright Act.
6. breach the Broadcasting Services Amendment (Online Services) Act 1999.

General

1. Harassment or abuse, whether physical, verbal or written, of other users or Bizar staff members, may in the sole discretion of Bizar result in the cancellation of the user’s Bizar account(s).
2. Users must not to display inappropriate materials or use inappropriate language whilst using the services (see Illegal Activities above).
3. All site content and designs featured on the Bizar Software website are copyright. They may not be copied without the express permission of Bizar Software, which reserves all rights. Re-use of any of Bizar Software’ editorial content and graphics online for any purpose is strictly prohibited.
4. It is prohibited to copy or adapt the HTML or code that Bizar Software creates to generate pages. It also is covered by Bizar Software’ copyright.

Bizar Software reserves the right to alter this document at any time and it is the responsibility of Bizar Users to have read the most up-to-date Bizar Publishing Policy.