BLD ACDMY TERMS AND CONDITIONS

1. BLD ACDMY Services

BLD ACDMY products and services, and this website, are provided by BLD GRP Pty Limited – ACN 638 931 656. These terms and conditions (the terms) govern your use of our website at www.bldacdmy.com (the website), apps and the products and services, including all development programs, tools, playbooks and content, offered on the website (together, the services). In using any of the services, you agree to be bound by these terms. If you do not accept these terms, you must refrain from using any of the services. These terms must be read in conjunction with any other applicable terms and conditions governing the use of the services including any policies that we may from time to time publish on the website.

2. Terminology

In these terms, the expressions “we”, “us” and “our” are a reference to BLD GRP Pty Limited.

3. Amendments to Terms

We reserve the right to amend these terms at any time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms as amended.

4. Accelerators

We offer development programs, tools, playbooks and content for professional and personal development termed Accelerators. Accelerators are developed by BLD ACDMY and third party providers.

Without limiting these terms, participation in an Accelerator is subject to payment of the fee applicable for that Accelerator.

Accelerators may be purchased as individual units or as a bundle.

Unless otherwise stated, all fees are in Australian dollars. We reserve the right to change fees at any time at our sole discretion. All fees are inclusive of GST. Payment of the fees in full must occur prior to you accessing the associated Accelerator. Payment may be made by way of any of the methods listed on our website.

Subject to the law, payments made are non-refundable for a change of mind. We reserve the right to cancel, interrupt, reschedule or modify Accelerators, in which case we may in our sole and complete discretion but subject to the law, provide a refund, discount or other consideration to you if you have purchased the rights to but not yet substantially completed participation in an Accelerator that is cancelled or modified.

5. Membership and Account

In order to access all of the services including being eligible to make offers to purchase the right to participate in Accelerators, you must become a member and have an account. To become a member, you must complete your registration details in the manner described on the website and confirm via the relevant prompts that you agree to these terms.

You agree to ensure that your registration details are true and accurate at all times. You must notify us of any change to the registration details as originally supplied.

Upon registration, you will be required to set a password for your account.

You are responsible for your account and everything that happens on that account. This includes that you are responsible for any harm or damage to anybody, including us, caused by you or someone using your account whether with or without your permission.

You must not transfer your account to someone else or use someone else’s account.

You can close your account at any time by emailing us at info@bldacdmy.com.

6. Your Use of the Services

You agree to use the services for lawful purposes only.

You agree not to use the services to:

(a) email or otherwise upload any content that:

(i) infringes any intellectual property or any other rights of any person;

(ii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(iii) poses or creates a privacy or security risk to any person;

(iv) constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes” or any other form of solicitation;

(v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, invasive of another’s privacy, or otherwise objectionable; or

(vi) in our sole opinion, is objectionable or which might expose us or any other users to harm or liability of any type;

(b) extract data from the services for commercial purposes by using automated systems or software;

(c) interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services;

(d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(e) solicit personal information from anyone under the age of 18; or

(f) harvest or collect email addresses or other contact information of other users from the services by electronic or other means for the purposes of sending solicited emails or other unsolicited communications.

You must not:

(a) access, tamper with, or use non-public areas of the platform (including content storage), our computer systems or the technical delivery systems of our service providers;

(b) disable, interfere with or try to circumvent any of the features of the platforms related to security or probe, scan or test the vulnerability of any of our systems;

(c) access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the services.

You must not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense or otherwise transfer or use any of the services (including the licence to any Accelerator granted to you).

Subject to these terms and any policies we publish on the website from time to time, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to access and view the services for which you have paid all required fees solely for your own personal, educational purposes. You may download content from the services only for your personal, non-commercial, educational purposes, unless you obtain our written permission to otherwise use the content.

Using the services does not give you ownership of any intellectual property rights in the services or in the Accelerators you access.

The services, including Accelerators, may enable you to share your content, including homework, quizzes, exams, other assignments you submit, and posts you make in forums (User Content), with us, Accelerator Providers and other users. User Content excludes all content and material made available on or via the services by or on behalf of us, the Content Providers, other users or any other party other than you. You retain ownership of the intellectual property rights in, and are responsible for, your User Content. To the extent that you provide User Content, you grant us a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works, publicly perform, publicly display and otherwise use your User Content. This licence includes granting us the right to authorise third parties to use User Content with other users of the services and learners on other platforms (whether website based or otherwise). We are entitled to remove or modify User Content for any reason, including User Content we believe violates these terms or any of our policies.

7. Information Provided

Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.

Where the information made available over the services contains content from, and/or opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through the services and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

All information provided by us and via the services pursuant to these terms is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice.

We do not make any representations or warranties that the information provided in the services will be suitable for your purposes or that it is reliable, error-free, accurate, or complete or that your access to that information will be uninterrupted, timely or secure. We do not undertake to keep current or update any of the information in the services. To the greatest extent permitted by law, we are not liable for any loss resulting from any action taken or reliance made by you on any information or material made available via the services, including in relation to the accuracy or currency of information contained in the services. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to the services.

Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisement.

8. Limitation of Liability

Nothing in these terms excludes, restricts or modifies any condition, warranty, right or liability implied in these terms or protected by law to the extent that such exclusion, restriction or modification would render these terms or any provision of these terms void, illegal or unenforceable. Subject to that:

(a) we do not accept responsibility for any loss, damage, however, caused (including through negligence) which you may directly or indirectly suffer in connection with your use of the services or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the services;

(b) any condition, warranty, right or liability which would otherwise be implied in these terms or protected by law is excluded; and

(c) except in relation to liability for personal injury (including sickness and death), we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of the services or in respect of any failure or omission on our part to comply with our obligations as set out in these terms.

You acknowledge that:

(a) prior to entering into these terms you have been given a reasonable opportunity to examine and satisfy yourself regarding all of the services and that prior to entering into these terms you have availed yourself of that opportunity; and

(b) at no time prior to entering into these terms have you relied on our skill or judgment and that it would be unreasonable for you to do so.

9. Australian Consumer Law

Pursuant to section 64A of the Australian Consumer Law (under the Competition and Consumer act 2010 (Cth)):

(a) this sub-clause applies in respect of any of the services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;

(b) liability for breach of a guarantee conferred by the Australian Consumer (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by ss 51-53 of that Law, is limited:

(i) in the case of goods, to any one of the following as determined by us:

(A) the replacement of the goods or the supply of equivalent goods; or

(B) the repair of the goods; or

(D) the payment of the cost of having the goods repaired;

(ii) in the case of services, to any one of the following as determined by us:

(A) the supplying of the services again; or

(B) the payment of the cost of having the services supplied again.

10. Specific Warnings

You agree to use the services for lawful purposes only. You must ensure that your access to and use of any of the services is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing the services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the services.

11. Copyright

Copyright in the services (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the services; or

(b) commercialise any information, products or services obtained from any part of the services;

without our written permission or, in the case of third party material, from the owner of the copyright in that material.

12. Termination

Without limiting any rights available to us, we may, in our sole discretion, suspend or terminate your account or your use of the service for any reason. This includes for suspected fraudulent, abusive or illegal activity, lack of use of the services, or if we believe that you have violated or acted inconsistently with these terms and/or any other policy that we publish from time to time on the website. We may discontinue providing the services or any part thereof with or without notice. You acknowledge that if your account is suspended or terminated, all information related to that account and files in your account may be deleted, or you may be barred from accessing such files and information. Subject to any rights you have under any applicable laws, we will not be liable for and you release us from all liability associated with any actions we may take in relation to your account or use of the services.

13. Interactions Between Users

You are solely responsible for your dealings and interactions with any other users including any Accelerator instructors in connection with the services. We reserve the right but have no obligation to become involved in any way with disputes between you and any other user of the services.

5. Indemnity and Release

To the fullest extent permitted by law, you hereby release, indemnify and hold us and our related bodies corporate and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including legal costs and expenses reasonably incurred, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the services, any User Content, your breach of these terms or any conduct of yours that is fraudulent, illegal or negligent.

15. General

The terms constitute the entire agreement between you and us and govern your use of the services. Any prior agreements between you and us are superseded. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These terms are governed by the laws of New South Wales, excluding to the greatest extent possible its conflict of law provisions. You agree to submit to the exclusive jurisdiction of New South Wales, Australia. The failure of us to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect tot eh parties’ intention and the other provisions of these terms remain in full force and effect. We may assign all or any of our rights under these terms without restriction. We may from time to time, update or vary these terms.

16. Our Contact Information

You can reach us at info@bldacdmy.com with any questions or comments.