Welcome to the BeeCastle website, software, mobile application and BeeCastle community (“BeeCastle”) owned and operated by BeeCastle Pty Ltd (herein referred to as “BeeCastle”). Access to, and use of, this website, software, mobile application and the information contained in this website are subject to the terms and conditions listed below (“Terms and Conditions”). Your use of this website, software, mobile application, including the services provided on this website, signifies your agreement to follow and be bound by these Terms and Conditions.
In general, you can visit this website, and use associated BeeCastle technologies, without telling us who you are or revealing any personal information about yourself. There are times, however, when we may gather information from you. Personal information like your name and e-mail address is obtained only when voluntarily submitted. Technical information, like details about your device and IP address, may be collected by virtue of your use of certain other BeeCastle technologies. BeeCastle collects this information in several ways:
BeeCastle reserves the right to discontinue providing any of the services and information available on this website, to make changes or updates to this website, or to the products or programs described in this website, or to these Terms and Conditions at any time without further notice. Your continued use of this website following such changes signifies your acceptance of the revised Terms and Conditions.
Copyright © BeeCastle Pty Ltd, Sydney, New South Wales, Australia. All rights reserved.
Use of Website
You are hereby authorized by BeeCastle to view, download, copy and print documents and the graphics incorporated therein (“materials”) from this website subject to the following restrictions and in accordance with any written agreement between you and BeeCastle: 1) the materials may be used solely by you for your own personal informational, educational or other non-commercial purposes unless otherwise expressly indicated; 2) all copies you make must properly attribute the appropriate source, including any copyright or other proprietary notices originally shown or included in the materials; 3) you may not modify any of the materials found at this website unless otherwise expressly indicated, nor attempt to pass off any materials found at this website as your own; 4) you may not use, reproduce or publicly display or perform, or distribute any of the materials within this website for any commercial or public purpose, unless BeeCastle has given you prior written consent to do so; 5) you may not “mirror” or “frame” any portions of this website in any other environment without prior written consent from BeeCastle; and 6) you may not display or transmit BeeCastle RSS feed content in a manner that does not permit successful linking to, redirection to, or delivery of the applicable official BeeCastle URL, and you may not insert any intermediate page, splash page, or other content between the BeeCastle RSS link and the applicable official BeeCastle URL. BeeCastle reserves the right to terminate the access of any user in its sole discretion, including users who do not observe these Terms and Conditions or who infringe or otherwise violate the rights of others.
BeeCastle provides proprietary information, including copyrighted materials, about its software and services on this website for the benefit of its customers and not for unrestricted use by the public. You agree that you may not use, or allow any other person or entity to use, any materials found on this website for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim against BeeCastle or its affiliates or for the purpose of developing or using an offering or product directly or indirectly competing with an offering or product from BeeCastle. Your failure to comply with these prohibitions constitutes breach of these Terms and Conditions with respect to the materials at issue. Each instance of noncompliance (e.g., each use of a digital file contrary to these Terms and Conditions) constitutes a separate instance of breach and subjects you to a payment obligation in the amount of $45,000 USD per instance of breach, as liquidated damages and not as a penalty. In addition, BeeCastle reserves the right to seek damages for infringement for copyrighted materials. You agree that damages reasonably anticipated from a potential breach are difficult to ascertain because of their indefiniteness or uncertainty and the amount stipulated is reasonably proportionate to the damages actually caused by the breach.
You are prohibited from posting or transmitting to BeeCastle via this website any material that is unlawful, obscene, pornographic, libelous, defamatory, threatening or otherwise inappropriate.
Accounts, Passwords and Security
If any of the services provided on this website requires you to open an account, you must complete the registration process by providing and maintaining current, accurate and complete information as requested on the applicable registration form, and maintaining the strict confidentiality of your password. If BeeCastle has provided you with login information to enable you to access restricted URLs on this website, be advised that such login information, as well as any content located at or linked from that URL, is confidential and proprietary to BeeCastle, and you are not authorized to share any information you view, download, or otherwise use at that URL. If you are using this website on behalf of your employer, you represent that you are authorized to accept these Terms and Conditions on your employer’s behalf. You are the only person authorized to use your login information, and you are solely responsible for maintaining the confidentiality of your password(s). You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain products. By using this website and registering for such services, you consent to BeeCastle’ display of such information via the services and accept all risks of unauthorized access to such information. You are also fully responsible for all activities that occur through the use of your account and password. You agree to notify BeeCastle immediately of any unauthorized use of your account or password or any other breach of security and ensure that you exit from your account at the end of each session. BeeCastle is not responsible or liable for any loss or damage that may occur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BeeCastle or any other party due to someone else using your account or password. You may not use anyone else’s account at any time. BeeCastle reserves the right to terminate your access to this website should BeeCastle in its sole discretion consider your use of this website to be inappropriate in any way. Upon termination of your access to this website, you must destroy all materials obtained from this website which permit identification of any individual.
Use of BeeCastle Software
Any BeeCastle computer software which may be downloaded or is otherwise available from this website, unless otherwise expressly indicated, is licensed subject to either the written license agreement between you and BeeCastle or the click-on license which you agree to at the time of download or use. Software to which either of these licenses is applicable is subject to the terms of its associated license agreement only, unless expressly stated otherwise. However, if neither a written license nor a click-on license is available, your use of the BeeCastle software will be subject to the following conditions: 1) you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on this website without BeeCastle’ express prior written consent 2) you are granted a personal, non-exclusive license to use such software subject to the foregoing restriction 3) such software is subject to all terms in the Warranties and Disclaimers Section as set forth below; and 4) except as expressly granted elsewhere, BeeCastle and its licensors reserve all rights, title and interest in and relating to such software. This section does not apply to any Third-Party Materials available on this website.
Warranties and Disclaimers
Except where expressly provided otherwise in an agreement between you and BeeCastle, all information, software, products and services are provided “as is” without warranty of any kind including warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall BeeCastle be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, this website, the services provided on this website, or any other hyperlinked website.
If any provision of these terms and conditions is held to be unlawful, void, or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which shall remain in full force and effect.
You agree to indemnify and hold BeeCastle and its affiliated companies harmless for any and all claims or demands, including reasonable attorneys’ fees, that arise from or otherwise relate to your use of this website (including the services provided on this website), any content you supply to this website, or your violation of these Terms and Conditions or the rights of another.
The information published on this website may contain direct or indirect references to products, programs or services that may not be available worldwide. Such references should not be taken as an indication that said products, programs or services are available or will be made available in your country.
Links to Third-Party Websites
Any links to third-party websites found within this website are provided solely as convenience to you. BeeCastle has neither reviewed the contents of these third-party websites nor does BeeCastle claim any responsibility for the content or suitability of these third-party websites and BeeCastle makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such links. The inclusion of links does not imply endorsement of the third-party websites by BeeCastle or any association with their operators.
Unsolicited User Submissions
Neither BeeCastle nor any of its employees accept or consider unsolicited submissions of ideas of any kind from outside parties. Therefore, please do not send any unsolicited original materials, concepts or ideas to anyone at BeeCastle either through this website or via any other means of communication. However, should you choose to ignore this request, please be advised that any unsolicited information or material sent to BeeCastle or any BeeCastle employee will be deemed NOT to be confidential. Your submission of any unsolicited information or material grants to BeeCastle an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information or material and any underlying intellectual property. In addition BeeCastle is free to use, without restriction, any unsolicited ideas, concepts, know-how or techniques that you send BeeCastle for any purposes. The BeeCastle Privacy Statement will govern the disclosure of your name or any other personal information related to any such submissions.
Governing Law and Jurisdiction
This website is controlled by BeeCastle from its offices in Sydney, New South Wales, Australia. All matters relating to your access to, or use of, this website shall be governed by the laws of New South Wales, Australia and all applicable international copyright laws. You and BeeCastle agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
BeeCastle and all other BeeCastle Pty Ltd products or service names are in the process of being registered trademarks or trademarks of BeeCastle Pty Ltd in Australia and other countries. ® indicates registration or pending registration.