网站使用协议

Website Terms and Conditions of Use

 

  1. About the Website

 

1.1. Welcome to www.bingotraining.com (the ‘Website‘). The Website provides you

with an opportunity to browse and purchase various products that have been

listed for sale through the Website (the ‘Products‘). The Website provides this

service by way of granting you access to the content on the Website (the

Purchase Services‘).

 

1.2. The Website is operated by Bingo Training PTY. LTD. (ACN 618 887 951).

Access to and use of the Website, or any of its associated Products or Purchase

Services, is provided by Bingo Training. Please read these terms and conditions

(the ‘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

the Purchase Services, immediately.

 

1.3. Bingo Training reserves the right to review and change any of the Terms by

updating this page at its sole discretion. When Bingo Training 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.

 

  1. Acceptance of the Terms

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 Bingo Training in the user interface.

 

  1. Registration to use the Purchase Services

 

3.1. In order to access the Purchase Services, you must first register as a user of the

Website. As part of the registration process, or as part of your continued use of

the Purchase Services, you may be required to provide personal information

about yourself (such as identification or contact details), including:

(a) an email address

(b) preferred username

(c) a password.

 

3.2. You warrant that any information you give to Bingo Training in the course of

completing the registration process will always be accurate, correct and up to

date.

 

3.3. 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. As a

Member you will be granted immediate access to the Purchase Services.

 

3.4. You may not use the Purchase Services and may not accept the Terms if:

 

(a) you are not of legal age to form a binding contract with Bingo Training; or

(b) you are a person barred from receiving the Purchase Services under the

laws of Australia or other countries including the country in which you are

resident or from which you use the Purchase Services.

  1. Your obligations as a Member

 

4.1. As a Member, you agree to comply with the following:

You will use the Purchase Services only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or guidelines

in the relevant jurisdictions;

(c) 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 Purchase Services;

(d) any use of your registration information by any other person, or third

parties, is strictly prohibited. You agree to immediately notify Bingo Training

of any unauthorised use of your password or email address or any breach

of security of which you have become aware;

(e) 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 Bingo Training

providing the Purchase Services;

(f) you will not use the Purchase 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;

(g) 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 Purchase Services. Appropriate legal action will

be taken by Bingo Training for any illegal or unauthorised use of the

Website; and

(h) you acknowledge and agree that any automated use of the Website or its

Purchase Services is prohibited.

 

  1. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through the Website,

you will agree to the payment of the purchase price listed on the Website for the

Product (the ‘Purchase Price‘).

 

5.2. Payment of the Purchase Price may be made through one of the following third

party providers:

(a) Paypal

(b) RoyalPay (微信支付)

(the ‘Payment Gateway Providers‘)

In using the Purchase Services, you warrant that you have familiarised yourself

with, and agree to be bound by, the applicable Terms and Conditions of Use,

Privacy Policy and other relevant legal documentation provided by the Payment

Gateway Providers.

 

5.3. Following payment of the Purchase Price being confirmed by Bingo Training, you

will be issued with a receipt to confirm that the payment has been received and

Bingo Training may record your purchase details for future use.

 

5.4. Bingo Training may, at their sole discretion, provide a refund on the return of the

Products within days where the Product is unused.

 

  1. Warranty

 

6.1. Bingo Training’s Products come with guarantees that cannot be excluded under

the Australian Consumer Law. You are entitled to a replacement or refund for a

major failure of the Product.

 

6.2. You may make a claim under this clause (the ‘Warranty Claim‘) for material

defects and workmanship in the Products within 1 from the date of purchase (the

Warranty Period‘).

 

6.3. In order to make a Warranty Claim during the Warranty Period, you must provide

proof of purchase to Bingo Training showing the date of purchase of the

Products, provide a description of the Products and the price paid for the

Products by sending written notice to Bingo Training at or by email at

enquiries@bingotraining.com.

 

6.4. Where the Warranty Claim is accepted then Bingo Training will, at its sole

discretion, either refund or replace any defective Products.

 

 

  1. Copyright and Intellectual Property

 

7.1. The Website, the Purchase Services and all of the related products of Bingo

Training 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 site content and

compilation of the website (including text, graphics, logos, button icons, video

images, audio clips and software) (the ‘Content’) are owned or controlled for

these purposes, and are reserved by Bingo Training or its contributors.

 

7.2. Bingo Training retains all rights, title and interest in and to the Website and all

related content. Nothing you do on or in relation to the Website will transfer to

you:

(a) the business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright of Bingo Training; or

(b) the right to use or exploit a business name, trading name, domain name,

trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or

copyright (or an adaptation or modification of such a system or process).

 

7.3. You may not, without the prior written permission of Bingo Training 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 Content or third party contact for any purpose. This prohibition does

not extend to materials on the Website which are freely available for re-use or are

in the public domain.

 

  1. Privacy

Bingo Training takes your privacy seriously and any information provided through your

use of the Application and/or the Purchase Services are subject to Bingo Training ‘s

Privacy Policy, which is available on the Application.

 

  1. General Disclaimer

 

9.1. You acknowledge that Bingo Training does not make any terms, guarantees,

warranties, representations or conditions whatsoever regarding the Products

other than provided for pursuant to these Terms.

 

9.2. Use of the Website, the Purchase Services, and any of the products of Bingo

Training is at your own risk. Everything on Website, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates,

directors, officers, employees, agents, contributors, third party content providers

or licensors of Bingo Training make any express or implied representation or

warranty about its Content or any products or Purchase Services (including the

products or Purchase Services of Bingo Training) 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:

(a) 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;

(b) the accuracy, suitability or currency of any information on the Website, the

Purchase Service, or any of its Content related products (including third

party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Purchase Services

or any of the Products;

(d) the Content or operation in respect to links which are provided for the

User’s convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce

transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties

or publication of any materials relating to or constituting such conduct.

 

  1. Limitation of Liability

 

10.1. Bingo Training’s total liability arising out of or in connection with the Purchase

Services or these Terms, however arising, including under contract, tort

(including negligence), in equity, under statute or otherwise, will not exceed the

most recent Purchase Price paid by you under these Terms or where you have

not paid the Purchase, then the total liability of Bingo Training is the resupply of

information or Purchase Services to you.

 

10.2. You expressly understand and agree that Bingo Training, its affiliates,

employees, agents, contributors, third party content providers 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.

 

10.3. Bingo Training is not responsible or liable in any manner for any site content

(including the Content and Third Party Content) posted on the Website or in

connection with the Purchase Services, whether posted or caused by users of

the website of Bingo Training, by third parties or by any of the Purchase Services

offered by Bingo Training.

 

  1. Termination of Contract

 

11.1. The Terms will continue to apply until terminated by either you or by Bingo

Training as set out below.

 

11.2. If you want to terminate the Terms, you may do so by:

(a) notifying Bingo Training at any time; and

(b) closing your accounts for all of the Purchase Services which you use,

where Bingo Training has made this option available to you.

Your notice should be sent, in writing, to Bingo Training via the ‘联系我们 Contact Us’ link

on our homepage.

 

11.3. Bingo Training may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any

provision;

(b) Bingo Training is required to do so by law;

(c) the partner with whom Bingo Training offered the Purchase Services to you

has terminated its relationship with Bingo Training or ceased to offer the

Purchase Services to you;

(d) Bingo Training is transitioning to no longer providing the Purchase Services

to Users in the country in which you are resident or from which you use the

service; or

(e) the provision of the Purchase Services to you by Bingo Training is, in the

opinion of Bingo Training, no longer commercially viable.

 

11.4. Subject to local applicable laws, Bingo Training reserves the right to discontinue

or cancel your membership to the Website at any time and may suspend or deny,

in its sole discretion, your access to all or any portion of the Website or the

Purchase Services without notice if you breach any provision of the Terms or any

applicable law or if your conduct impacts Bingo Training’s name or reputation or

violates the rights of those of another party.

 

11.5. When the Terms come to an end, all of the legal rights, obligations and liabilities

that you and Bingo Training have benefited from, been subject to (or which have

accrued over time whilst the Terms have been in force) or which are expressed

to continue indefinitely, shall be unaffected by this cessation, and the provisions

of this clause shall continue to apply to such rights, obligations and liabilities

indefinitely.

 

  1. Indemnity

 

12.1. You agree to indemnify Bingo Training, 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 any Content you post through the

Website;

 

(b) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so and any breach by you or your agents

of these Terms; and/or

 

(c) any breach of the Terms.

 

  1. Dispute Resolution

 

13.1. Compulsory:

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).

 

13.2. Notice:

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.

 

13.3. Resolution:

On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms

(‘Parties‘) must:

(a) Within 14 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, 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

President of the or his or her nominee;

(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

pre-condition to the mediation commencing. The Parties must each pay

their own costs associated with the mediation;

(d) The mediation will be held in Victoria, Australia.

 

13.4. Confidential

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.

 

13.5. Termination of Mediation:

If 2 weeks 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.

 

  1. Venue and Jurisdiction

The Purchase Services offered by Bingo Training 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

Victoria, Australia.

 

  1. Governing Law

The Terms are governed by the laws of Victoria, 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 Victoria, 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.

 

  1. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent legal

advice and declare the Terms are not against public policy on the grounds of inequality

or bargaining power or general grounds of restraint of trade.

  1. Severance

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.