Terms Of Use

Wales Innovation Pty Ltd

Please read these Terms of Use carefully as they apply to your use of the Wales Innovation Pty Ltd’s ( BiteRite) website and/or BiteRite’s applications and other computer technologies ( Services) and the use of those Services.

By using BiteRite’s Services, you agree to be bound by the following terms and conditions ( Terms of Use), including those additional terms and conditions and policies referenced herein. These Terms of Use apply to all users of the website, regardless of their purpose for accessing the Services.

If you do not agree to the terms and conditions set out in these Terms of Use, then you may not access any of the Services.

Any new Services, or any new features or tools which are added to an existing Service, shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. BiteRite reserves the right to update, change or replace any part of these Terms of Use by updating this page. You are responsible for checking this page periodically for any changes. Your continued use of or access to the Services following any changes constitutes acceptance of those changes.

1. Membership

1.1         By registering for membership with BiteRite, including by downloading the Services ( Membership), you agree to be bound by these Terms of Use.

1.2         Each Membership is valid for:

(a)          a period of 12 weeks from the date of subscription for Membership ( Subscription Date); and

(b)          if your membership is renewed in accordance with these Terms of Use, each subsequent period of 12 weeks commencing on the relevant anniversary of the Subscription Date ( Renewal Date),

(each a  Membership Period).

2. Fees

2.1         In consideration for your Membership, you must pay membership fees to BiteRite for the Membership Period ( Membership Fee). The current Membership Fees are listed on the Services.

2.2         BiteRite reserves the right to increase the Membership Fee from time to time without notice to you. Where BiteRite increases its Membership Fee:

(a)          your Membership Fee for your current Membership Period will not increase; but

(b)          the Membership Fee payable by you for any future Membership Period will increase.

2.3         The Membership Fee is payable in weekly instalments on the weekly anniversary of the Subscription Date or the Renewal Date (as the case may be).

2.4         You agree that:

(a)          despite your Membership Fee being payable weekly, your Membership is for the entirety of the Membership Period and you agree to pay the entire Membership Fee for that Membership Period;

(b)          BiteRite may suspend your access to the Services if you fail to pay any instalment of the Membership Fee; and

(c)          the entire Membership Fee is due and payable by you in its entirety in consideration for your Membership, regardless of any suspension of access to the Services due to your failure to pay any instalment.

2.5         BiteRite may at any time in its sole discretion suspend or terminate your Membership for any reason. If BiteRite suspends or terminates your Membership, you acknowledge that you are not entitled to a refund of the Membership Fee.

3. Renewal

3.1         You agree that your Membership will be automatically renewed at the end of the Membership Period by your chosen payment method, unless you cancel your Membership at least two weeks prior to the end of the Membership Period.

3.2         If you do not cancel your automatic renewal with that time, you will be taken to have agreed to a further Membership Period.

4. Refunds

4.1         BiteRite does not generally offer and is not bound to agree to any refunds of the Membership Fee.

5. Content

5.1         Membership grants you access to all such resources and content as BiteRite elects to provide from time to time.

5.2         BiteRite may in its sole discretion modify, remove or restrict access to any of the content contained on the Services at any time without notice to you.

5.3         You acknowledge that access to content and resources may be restricted by BiteRite (in its sole discretion).

6. Access Restrictions

6.1         Your Membership grants you a single user licence to access the Services. You specifically acknowledge and agree that:

(a)          your Membership will only be available for you to use;

(b)          you will not allow any other person to access your Membership;

(c)          you will not print, copy, reproduce, communicate, give access to, share with another person or otherwise use any of the content on the Services except for your own personal use; and

(d)          you are at all times responsible for any use of your Membership by any other person.

6.2         BiteRite does not provide any guarantee that you will be able to access the Services on any particular computer or device.

7. Intellectual Property

7.1         The material provided via the Services, including all information such as text, images, code, photographs, illustrations, artwork and other graphic materials, names, logos and trade marks, videos, music and animations are the property of BiteRite and are protected by copyright, trade mark and other intellectual property laws.

7.2         You agree not to alter, reproduce, reverse engineer, store in retrieval system, transmit, distribute, disseminate, sell, publish, broadcast or circulate the material on the Services or any part thereof, unless the prior written consent of BiteRite is obtained.

8. Accuracy, Completeness and Timeliness of Information

8.1         BiteRite endeavours to ensure that the information published on its Services is as accurate as possible.  However, BiteRite is not responsible if information made available on the Services is not accurate, complete or current. Any reliance on the material on the Services is at your own risk.

8.2         BiteRite reserves the right to modify the Services at any time. However, you acknowledge that BiteRite does not have any obligation to modify the contents of the Services. You agree that it is your responsibility to monitor changes on the Services.

9. Third-Party Links

9.1         The external linked websites within the Services are not within the control of BiteRite. BiteRite does not take responsibility for the content in, or currency of, any externally linked sites. A link on the Services neither implies endorsement by BiteRite of the linked website, nor a relationship with the organisation linked.

9.2         You agree that BiteRite is not liable or responsible in any way for any third-party materials, third party websites, third party products or other third-party material.

10. Prohibited Use

10.1      You are prohibited from using the Services or any of the Services’ contents:

(a)          for any unlawful purpose;

(b)          to solicit others to perform or participate in any unlawful acts;

(c)          to violate any laws;

(d)          to infringe upon or violate any person’s rights;

(e)          to harass, abuse, insult, harm, defame, intimidate or discriminate against any person;

(f)           to submit false or misleading information; or

(g)          to upload or transmit viruses or malware (or similar).

11. Disclaimer & Limitation of Liability

11.1      BiteRite makes no guaranties, warranties or representations about the Services or any of the Services’ contents. Without limitation, BiteRite does not guarantee, represent or warrant that use of the Services will be uninterrupted, timely, secure or error-free.

11.2      You expressly agree that your use of, or inability to use, the Services is at your own risk. The Services and all products and services delivered through the Services are provided ‘as is’ and ‘as available’ (unless expressly stated otherwise) for your use, without any representation, warranties or conditions of any kind, either express or implied.

11.3      To the maximum extent permitted by law, in no case shall BiteRite, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for:

(a)          any injury, loss, claim;

(b)          any direct, indirect, incidental, punitive, special, or consequential damages of any kind; or

(c)          any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise,

arising from your use of any of the Services or any products or services procured using the Services, or for any other claim related in any way to your use of the Services or any product or services procured using the Services.

11.4      To the extent that the law of any state or jurisdiction does not allow the exclusion or limitation of liability as set out above, in those states or jurisdiction, BiteRite’s liability shall be limited to the maximum extent permitted by law.

12. Indemnification

12.1      You agree to indemnify, defend and hold harmless BiteRite and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. Email marketing

13.1      You acknowledge that by providing your email address to us, you agree to receive email marketing from BiteRite and its related entities.

13.2      You may choose to opt out of any email marketing by clicking the appropriate link contained in any such email marketing.

14. User Comments, Feedback and Other Submissions

14.1      BiteRite owns and/or operates various user-generated websites and/or applications that permit users to submit, post, publish, tag or upload (“ Submit”) content, which may include, but is not limited to, comments, graphics, information, photos, reviews, text, videos or any combination thereof (collectively, “ Content”).

14.2      If you Submit any Content, you agree that BiteRite may at any time without restriction edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you Submit to BiteRite.

14.3      BiteRite is under no obligation to maintain any Content in confidence, pay compensation for any Content, or respond to any Content.

14.4      BiteRite may (but is under no obligation to) monitor, edit or remove Content that BiteRite determines in its sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or violates any person’s intellectual property rights.

14.5      You agree that your Content will not violate the rights of any person, including any copyright, trade mark, privacy, personality or other personal or proprietary rights of any person. You also agree that your Content will not contain any defamatory or otherwise unlawful material, or contain any computer virus or other malware.

14.6      You agree that you will not use a false email address, pretend to be someone other than yourself or otherwise mislead BiteRite or any other person as to your identity. You are solely responsible for the Content you provide and its accuracy.

14.7      BiteRite is not responsible for, and assumes no liability in respect of, any Content posted by you or any other person.

15. Breaches of Terms of Use

15.1      You acknowledge that if you breach any part of these Terms of Use, BiteRite may in its sole discretion:

(a)          cancel your Membership; or

(b)          suspend your access to the Services.

15.2      If BiteRite cancels your Membership or suspends your access to the Services in accordance with this clause, you are not entitled to a refund of any part of the Membership Fee.

16. Australian Consumer Law

16.1      BiteRite’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled:

(a)          to cancel your service contract with BiteRite; and

(b)          to a refund for the unused portion, or to compensation for its reduced value.

16.2      You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

16.3      You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

17. Governing Law

17.1      The Terms of Use will be governed by and interpreted in accordance with the laws of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

18. Amendments

18.1      BiteRite reserves the right to update, change or replace any part of these Terms of Use at any time without notice to you, by updating the terms available on its Services.

18.2      Your continued use of the Services following any changes constitutes acceptance of those changes.