Terms and Conditions Australia

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Terms and Conditions Australia

1. Definitions

1.1 The following definitions apply in this Agreement:

Authorised User has the meaning given at clause 3.2.Bug Control refers to the activities carried out by the Bug Control Group, Infection Prevention Services, and associated companies on behalf of the BCP Trust (Company).

The Company comprises of the following companies/businesses:
- BCP TrustBug Control (Aust) Pty Ltd (BCA).
- Bug Control IPC Resources Limited.Infection Prevention Services (IPS) T/A BCA
- Customer means you, the party receiving access to the Software.

GST means:
(a) the same as in the GST Law.
(b) any other goods and services tax, or any tax applying to this agreement similarly; and
(c) any additional tax, penalty tax, fine, interest or other charge under the law of such a tax.

GST Law is the same as the "GST law" in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Initial Term has the meaning given in clause 5.1.

Intellectual Property means all intellectual property, including (but not limited to) copyright, reports, software, trademarks, or any other intellectual property prepared or created by Bug Control concerning the Software.

Interpretation means words importing the singular include the plural and vice versa, and words importing one gender will include all other genders. Headings are for ease of reference only and will not affect the interpretation of this agreement.

Rollover Term has the meaning given in clause 5.2.
Software means the HUB, which includes the Bug Control knowledge base, Bug Control learning management system (LMS) and Bug Control policies and procedures, etc., developed by Bug Control IPC Resources Limited and available online at the Website www.ipservices.care

Subscription Period means, as applicable:(a) the Initial Term, and(b) any Rollover Term.

Terms means these Software Licence Terms and Conditions

Website means Bug Control's website at https://ipservices.care

1.2 Words importing the singular include the plural and vice versa, and words importing one gender will include all other genders. Headings are for ease of reference only and will not affect the interpretation of this agreement.

2. Application

2.1 These Terms apply to Bug Control's supply of provision of access to the Software by the Customer, except to the extent that Bug Control and the Customer agree otherwise in writing.

3. Account

3.1 Bug Control will create an account on behalf of the Customer to enable the Customer to access the Software.
3.2 During the registration process, the Customer will be required to provide Bug Control with specific information for everyone authorised to use the Software on the Customer's behalf (an Authorised User). The Customer agrees to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current and complete. Bug Control reserves the right to suspend or terminate a Customer's account if any information provided during that registration process or thereafter proves inaccurate, not current or incomplete.
3.3 The Customer is responsible for:
(a) safeguarding its password(s);
(b) ensuring that only appropriate and authorised staff members are given access to the Software.
(c) monitoring staff usage of the Software to ensure compliance with these Terms.
(d) ensuring that logins and passwords are only used by the individual Authorised User to whom they have been issued, and are not shared with or disclosed to other individuals; and
(e) any activities or actions under its account, whether the Customer has authorised such activities or actions or not.
3.4 If Bug Control has reason to suspect that the Customer is in breach of these Terms or there has been unauthorised access to the Customer’s account, Bug Control reserves the right to immediately terminate, cancel or suspend the Customer’s account and revoke the Customer’s access to the Software.

4. Price

4.1 The price payable by the Customer for access to the Software is specified in the price list available on the Website.

4.2 After the expiry of the Initial Term, the Customer acknowledges and agrees that the price payable for access to the Software will automatically increase by 5.0% per annum, with effect from the anniversary of the initial Term each year.

4.3 Bug Control reserves the right to change its pricing occasionally. Price changes will be effective from the beginning of the Subscription Period immediately following notification to the Customer using the email address that Bug Control holds on file for the Customer or its accounts department.

4.4 If Bug Control notifies the Customer of an increase in its prices and the Customer wishes to terminate these Terms because of that increase, the Customer may provide written notice to Bug Control. The Customer will be able to continue to use the Software and must continue to pay any outstanding component of the price payable by the Customer for access to the Software until the expiry of its current Subscription Period.

4.5 All prices are in AUS dollars and are inclusive of GST.

5. Term and Payment

5.1 The Customer subscribes to access the Software for an initial term of 12 months (Initial Term).
5.2 Following the Initial Term, the Customer's subscription to the Software will renew:
(a) monthly, quarterly, or annually
(b) at the election of the Customer,
until terminated in accordance with these Terms (each renewal being a Rollover Term).

5.3 Bug Control will invoice the Customer for the price for access to the Software at the commencement of each Subscription Period.

5.4 The Customer must pay Bug Control's invoice in full, without deduction or setoff, on or before the date that is 14 days after the date of Bug Control's invoice. However, Bug Control may withdraw the provision of access to the Software to the Customer until payment has been made if Bug Control considers, at any time, that the Customer's creditworthiness is unsatisfactory.

5.5 If the Customer does not pay any invoice when due, then (without prejudice to any other rights Bug Control may have) Bug Control may:
(a) charge interest on the outstanding amount at 12% per annum (calculated daily) until payment is made in full.
(b) charge any collection costs and legal costs on a solicitor/own client basis; and/or
(c) suspend the Customer’s access to the Software under clause 11.3(a).

5.6 Words defined in the GST Law have the same meaning in this clause unless the context clarifies that a different meaning is intended.

5.7 In addition to paying the price for access to the Software and any other amount payable or in connection with this agreement (which is inclusive of GST), the Customer will:
(i) pay to Bug Control an amount equal to any GST payable from any supply by Bug Control in respect of (which is exclusive of GST) or any other amount payable under this agreement; and
(ii) make such payment either on the date when the price for access to the Software is due or within five (5) days after the Customer is issued with a tax invoice, whichever is the later.

5.8 Bug Control must issue a tax invoice (or an adjustment note) to the Customer for any supply under or in connection with this agreement within five (5) days of the Customer's request.

5.9 Bug Control will promptly create an adjustment note for (and apply to the Commissioner of Taxation for) a refund and refund to the Customer any overpayment by the Customer for GST but the Supplier need not refund to the Customer any amount for GST paid to the Commissioner of Taxation unless Bug Control has received a refund or credit for that amount.

6. Licence to use the Software

Subject to the Customer's compliance with these Terms, Bug Control grants the Customer a non-exclusive licence, with no right to sublicense, to access and use the Software for the Customer's internal purposes. This licence will terminate at the expiry or termination of these Terms. This licence includes the right to use any documentation and other materials provided by Bug Control to enable the Customer to access and use the Software.

6.1 The Customer agrees to only use the Software in a way that complies with all applicable laws and regulations, does not infringe the rights of Bug Control or others, and does not inhibit or restrict other user's enjoyment of the Software. Without limiting the foregoing, the Customer will not (and will not allow any third party to):

(a) damage or harm the Software or any underlying or connected network or system;
(b) modify, adapt, translate, or otherwise create derivative works based on the Software;
(c) rent, lease, sell, assign, distribute or otherwise transfer rights in the Software, allow any third party to use the Software, or otherwise commercially exploit them in any way;
(d) use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of the Software;
(e) use the Software to do anything unlawful, misleading, malicious, or discriminatory; or
(f) attempt to view, access, modify or copy any data or content other than that which the Customer is expressly authorised to access.

7. Use of the Software

7.1 The parties agree that the Customer may view or use content available on the Software for the Customer's business purposes only and may only download and print extracts from the Software:
(a) on an infrequent, irregular, and ad hoc basis; and
(b) where downloading or printing content from the Software is reasonably necessary for addressing, and relevant to, a specific query that the Customer seeks to address.

7.2 For the avoidance of doubt, the Customer must not download or print all, or a substantial part of, the content from the Software or download or print content from the Software to such an extent that the downloaded or printed material could act as a substitute for the Customer's subscription to the Software.

8. Intellectual Property

8.1 The Customer agrees that Bug Control must always own and retain all intellectual Property, including following termination of these Terms.
8.2 Except for the licence granted in clause 6.1, Bug Control does not grant any other licence to the Customer regarding Intellectual Property.
8.3 That clause 8 will survive the termination of this Agreement.

9. Disclaimer

9.1 To the extent permitted by law, Bug Control does not warrant that the Software will:
(a) always be available, uninterrupted, secure, free from bugs and viruses, or
(b) compatible with any device or software.

10. Liability

10.1 Subject to clause 10.2, any condition or warranty which would otherwise be implied in this agreement is excluded.
10.2 Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited:
(i) in the case of goods, to any one of the following as determined by the Supplier:
(A) the replacement of the goods or the supply of equivalent goods.
(B) the repair of the goods.
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods or
(D) the payment of the cost of having the goods repaired; and
(ii) in the case of services, to any one of the following as determined by the Supplier:
(A) the supplying of the services again, or
(B) the payment of the cost of supplying services again.

11. Suspension or Termination

11.1 Subject to clause 4.3, the Customer may end its subscription at the expiry of its then-current Subscription Period by giving written notice to Bug Control at least one month before the expiry of the Subscription Period. If the Customer ends its subscription in accordance with this clause 11.1, then the Customer will be able to continue to use the subscription and must continue to pay any outstanding component of the price payable by the Customer for access to the Software until the expiry of the relevant Subscription Period. 
11.2 Bug Control may also cancel a Customer's use of all or any part of the Software immediately if:
(a) it is reasonably necessary to do so for operational or technical reasons or
(b) Bug Control believes (on reasonable grounds) that the Customer is using the Software in breach of these Terms.
11.3 Bug Control may suspend the application of these Terms and the Customer's access to the Software, if:
(a) the Customer does not pay an invoice when due.
(b) any credit limit Bug Control have agreed to grant to the Customer is or is likely to be exceeded.
(c) Bug Control has any concerns about the Customer’s creditworthiness or
(d) Bug Control otherwise determines that suspending these Terms and the Customer’s access to the Software is necessary.
11.4 These Terms may be terminated immediately by either party giving written notice to the other because of:
(a) the other party's default under these Terms or
(b) the other party becomes insolvent or is subject to the appointment of a receiver, manager, liquidator, or statutory manager, or committing an act of bankruptcy or making a scheme of arrangement with its creditors.

12. Force Majeure

12.1 Neither party will be obliged to perform, nor liable for any failure to perform, an obligation under these Terms if it cannot do so because of anything beyond its reasonable control (Force Majeure Event).
12.2 If a Force Majeure Event continues for more than one month, either party may suspend or terminate the operation of these Terms by giving written notice to the other party.

13. Dispute Resolution

13.1 A party to this contract claiming that a Dispute has arisen out of or concerning this contract must give written notice (“Notice”) to the other party specifying the nature of the Dispute.
13.2 If the parties do not agree within 7 days of receipt of the Notice (or such further period as agreed in writing by them) as to:
13.3 the dispute resolution technique (e.g. expert determination) and procedures to be adopted;
(a) the timetable for all steps in those procedures; and
13.4 the selection and compensation of the independent person required for such technique,
the parties must mediate the Dispute under the Mediation Rules of the Law Society of New South Wales and of the Law Society of New South Wales or the President's nominee will select the mediator and determine the mediator's remuneration.
13.5 No party may initiate legal proceedings relating to a dispute unless it has complied with the procedure set out in this clause unless it is seeking urgent and declaratory relief from any court.

14. Variations to these Terms

14.1 Bug Control reserves the right to change these Terms. Bug Control will email the updated Terms to the Customer at least one month before the change takes effect. Any changes will apply to the subsequent Subscription Period after the expiry of such notice.
14.2 If Bug Control notifies the Customer of a change to these Terms and the Customer wishes to terminate these Terms because of that change, the Customer may do so by providing written notice to Bug Control. The Customer will be able to continue using the subscription until its current Subscription Period expires.

15. No Waiver

15.1 Neither party will be deemed to have waived any right under these Terms unless the waiver is in writing and signed by the relevant party. A failure to exercise or delay in exercising any right by a party under these Terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or any other provision in these Terms.

16. No Assignment

16.1 Neither party may assign or transfer any rights or obligations under these Terms without the other party's prior written consent.

17. Miscellaneous

17.1 These Terms constitute the entire agreement and understanding between the parties. They supersede and replace all prior oral or written understandings or agreements between Bug Control and the Customer regarding providing access to the Software contemplated by these Terms.

18. Governing Law and Jurisdictio

18.1 This agreement will be governed by and construed in accordance with the laws for the time being in force in New South Wales, and the parties agree to submit to the jurisdiction of the courts and tribunals of New South Wales.

19. Notices

All notices required to be given under this agreement must be in writing and sent to the recipient's address set out in the Order Form or such other address as the recipient may designate by notice given in accordance with this clause. Any notice may be delivered by hand or by prepaid letter or email. Any such notice will be deemed to have been served when delivered (if delivered by hand) or 48 hours after posting (except by prepaid letter) or on transmission by the sender (if sent by facsimile) or (if sent by email and unless agreed otherwise) when the email enters the recipient's mail server.

20. Entire agreement

This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the Software. No addition to or modification of any provision of this agreement will be binding upon the parties unless made by written instrument signed by a duly authorised representative of the party.
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Terms and Conditions for

New Zealand

1. Definitions

1.1 The following definitions apply in this Agreement:
Authorised User has the meaning given in clause 3.2.
Bug Control refers to the activities carried out by the Bug Control Group, Infection Prevention
Services and associated companies on behalf of the BCP Trust (Company).
The Company comprises of the following companies/businesses:
BCP Trust
Bug Control New Zealand Limited (BCNZ). 1811088
Bug Control IPC Resources Limited. 8213792
Infection Prevention Services Limited (IPS) 9046653
Customer means you, the party receiving access to the Software.
Initial Term has the meaning given in clause 5.1.
Intellectual Property means all intellectual property, including (but not limited to) copyright, reports, software, trademarks, or any other intellectual property prepared or created by Bug Control in relation to the Software.
Rollover Term has the meaning given in clause 5.2.
Software means the IPS HUB infection prevention platform developed by Bug Control IPC Resources and available online at the Website.
Subscription Period means, as applicable:
(a) the Initial Term; or
(b) a Rollover Term.
Terms means these Software Licence Terms and Conditions
Website means Bug Control’s website at https://ipservices.care

2. Application

2.1 These Terms apply to Bug Control’s supply of provision of access to the Software to the Customer, except to the extent that Bug Control and the Customer agree otherwise in writing.

3. Account

3.1 Bug Control will create an account on behalf of the Customer to enable the Customer to access the Software.
3.2 During the registration process, the Customer must provide Bug Control with certain information for each individual authorised to use the Software on the Customer’s behalf (an Authorised User). The Customer agrees to provide accurate, current, and complete information during the registration process and update such information to keep it current and complete. Bug Control reserves the right to suspend or terminate a Customer’s account if any information provided during that registration process or thereafter proves to be inaccurate, not current or incomplete.
3.3 The Customer is responsible for:
(a) safeguarding its password(s);
(b) ensuring that only appropriate and authorised staff members are given access to the Software.
(c) monitoring staff usage of the Software to ensure compliance with these Terms.
(d) ensuring that logins and passwords are only used by the individual Authorised User to whom they have been issued and are not shared with or disclosed to other individuals; and
(e) any activities or actions under its account, whether the Customer has authorised such activities or actions.
3.4 If Bug Control has reason to suspect that the Customer is in breach of these Terms or there has been unauthorised access to the Customer’s account, Bug Control reserves the right to immediately terminate, cancel or suspend the Customer’s account and revoke the Customer’s access to the Software.

4. Price

4.1 The price payable by the Customer for access to the Software is specified in the price list available on the Website or as agreed by the Customer.
4.2 After the expiry of the Initial Term, the Customer acknowledges and agrees that the price payable for access to the Software will automatically increase by 5.0% per annum, with effect from the anniversary of the initial Term each year.
4.3 In addition to the automatic increase described at clause 4.2 Bug Control reserves the right to make changes to its pricing from time to time. Price changes will be effective from the beginning of the Subscription Period immediately following notification to the Customer using the email address Bug Control holds on file for the Customer or its accounts department.
4.4 If Bug Control notifies the Customer of an increase in its prices and the Customer wishes to terminate these Terms because of that increase, the Customer may do so by providing written notice to Bug Control. The Customer will be able to continue to use the Software and must continue to pay any outstanding component of the price payable by the Customer for access to the Software until the expiry of its current Subscription Period.
4.5 All prices are in New Zealand dollars and are inclusive of GST.

5. Term and Payment

5.1 The Customer subscribes to access the Software for an initial term of 12 months (Initial Term).
5.2 Following the Initial Term, the Customer’s subscription to the Software will renew monthly, quarterly or annually or until terminated in accordance with these Terms (each month/quarter/year being a Rollover Term).
5.3 Bug Control will invoice the Customer for the price of access to the Software monthly, quarterly, or annually.
5.4 The Customer must pay Bug Control's invoice in full, without deduction or setoff, on or before the date that is 14 days after the date of Bug Control's invoice. However, Bug Control may withdraw the provision of access to the Software to the Customer until payment has been made if Bug Control considers at any time that the Customer’s creditworthiness is unsatisfactory.
5.5 If the Customer does not pay any invoice when due, then (without prejudice to any other rights Bug Control may have) Bug Control may:
(a) charge interest on the outstanding amount at 12% per annum (calculated daily) until payment is made in full.
(b) charge any collection costs and legal costs on a solicitor/own client basis; and/or
(c) suspend the Customer’s access to the Software under clause 11.3(a).

6. Licence to use the Software

6.1 Subject to the Customer’s compliance with these Terms, Bug Control grants to the Customer a non-exclusive licence, with no right to sublicense, to access and use the Software for the Customer’s internal purposes. This licence will terminate at the expiry or termination of these Terms. This licence includes the right to use any documentation and other materials provided by Bug Control to enable the Customer to access and use the Software.

6.2 The Customer agrees to only use the Software in a way that complies with all applicable laws and regulations, does not infringe the rights of Bug Control or others, and does not inhibit or restrict other user's enjoyment of the Software. Without limiting the foregoing, the Customer will not (and will not allow any third party to):
(a) damage or harm the Software or any underlying or connected network or system;
(b) modify, adapt, translate, or otherwise create derivative works based on the Software;
(c) rent, lease, sell, assign, distribute or otherwise transfer rights in the Software, allow any third party to use the Software, or otherwise commercially exploit them in any way;
(d) use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of the Software;
(e) use the Software to do anything unlawful, misleading, malicious, or discriminatory; or
(f) attempt to view, access, modify or copy any data or content other than that which the Customer is expressly authorised to access.

7. Use of the Software

7.1 The parties agree that the Customer may view or use content available on the Software for the Customer’s business purposes only and may only download and print extracts from the Software:
(a) on an infrequent, irregular, and ad hoc basis; and
(b) where downloading or printing content from the Software is reasonably necessary for addressing, and relevant to, a specific query that the Customer seeks to address.

7.2 For the avoidance of doubt, the Customer must not download or print all, or a substantial part of, the content from the Software or download or print content from the Software to such an extent that the downloaded or printed material could act as a substitute for the Customer's subscription to the Software.

8. Intellectual Property

8.1 The Customer agrees that all Intellectual Property shall be and remain owned by Bug Control at all times, including following termination of these Terms.
8.2 Except for the licence granted in clause 6.1, Bug Control does not grant any other licence to the Customer in respect of the Intellectual Property.
8.3 This clause 8 will survive the termination of this Agreement.

9. Disclaimer

9.1 To the extent permitted by law, Bug Control does not warrant that the Software will:
(a) always be available, uninterrupted, secure, free from bugs and viruses; or
(b) compatible with any device or software.

10. Liability

10.1 The Customer agrees that the Consumer Guarantees Act 1993 will not apply in relation to the supply of access to the Software to the Customer in accordance with these Terms as the Customer is a business acquiring access to the Software for the purpose of its business.
10.2 If Bug Control is liable to the Customer for any reason, then Bug Control’s liability will be limited, at Bug Control’s discretion, to the re-supply of the Software or an amount equal to the price paid by the Customer for access to the Software.
10.3 Bug Control will not be liable for any loss of profits or any indirect or consequential loss or damage arising out of these Terms or Bug Control’s dealings with the Customer.
10.4 The parties acknowledge that Bug Control may update the content available on the Software from time to time, in particular to reflect current standards and legislation. Bug Control will not be liable to the Customer in relation to the Customer’s use of non-current versions of any content which was previously available on the Software.

11. Suspension or Termination

11.1 Subject to clause 4.3, the Customer may end its subscription at the expiry of its then-current Subscription Period by giving written notice to Bug Control at least 14 days before the expiry of the Subscription Period. If the Customer ends its subscription in accordance with this clause 1.1(a), then the Customer will be able to continue to use the subscription, and must continue to pay any outstanding component of the price payable by the Customer for access to the Software, until the expiry of the relevant Subscription Period .
11.2 Bug Control may also cancel a Customer’s use of all or any part of the Software immediately if:
(a) it is reasonably necessary to do so for operational or technical reasons or
(b) Bug Control believes (on reasonable grounds) that the Customer is using the Software in breach of these Terms.
11.3 Bug Control may suspend the application of these Terms, and the Customer’s access to the Software, if:
(a) the Customer does not pay an invoice when it is due.
(b) any credit limit Bug Control has agreed to grant to the Customer is or is likely to be exceeded.
(c) Bug Control has any concerns about the Customer’s creditworthiness or
(d) Bug Control otherwise determines that it is necessary to suspend these Terms and the Customer’s access to the Software.
11.4 These Terms may be terminated immediately by either party giving written notice to the other because of:
(a) the other party's default under these Terms; or
(b) the other party becomes insolvent or is subject to the appointment of a receiver, manager, liquidator, or statutory manager, or committing an act of bankruptcy, or making a scheme of arrangement with its creditors.

12. Force Majeure

12.1 Neither party will be obliged to perform, nor liable for any failure to perform, an obligation under these Terms if it cannot do so because of anything beyond its reasonable control (Force Majeure Event).

12.2 If a Force Majeure Event continues for more than one month, either party may suspend or terminate the operation of these Terms by giving written notice to the other party.

13. Variations to these Terms

13.1 Bug Control reserves the right to change these Terms. Bug Control will email the updated Terms to the Customer at least one month before the change takes effect. Any changes will apply to the subsequent Subscription Period after the expiry of such notice.
13.2 If Bug Control provides notice of a change to these Terms to the Customer and the Customer wishes to terminate these Terms because of that change, the Customer may do so by providing written notice to Bug Control. The Customer will be able to continue to use the subscription until the expiry of its current Subscription Period.

14. No Waiver

14.1 Neither party will be deemed to have waived any right under these Terms unless the waiver is in writing and signed by the relevant party. A failure to exercise or delay in exercising any right by a party under these Terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.

15. No Assignment

15.1 Neither party may assign or transfer any rights or obligations under these Terms without the other party's prior written consent.

16. Miscellaneous

16.1 These Terms constitute the entire agreement and understanding between the parties. These Terms supersede and replace any and all prior oral or written understandings or agreements between Bug Control and the Customer regarding the provision of access to the Software contemplated by these Terms.

17. Governing Law and Jurisdiction

17.1 New Zealand law will apply, and New Zealand courts will have jurisdiction in relation to these Terms and any claims arising out of any transaction between the Customer and Bug Control.


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Terms and Conditions EU

This agreement applies as between you, the user of this Website and Bug Control (Aust) Pty Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a confirmation email to you indicating that your order has been accepted.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, payment Information and credentials used by users to access paid content and / or any communications system on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Bug Control (Aust) Pty Ltd makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Bug Control (Aust) Pty Ltd proprietary e-learning platform;
"Payment Information": means any details required for the purchase of services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means our place(s) of business located at [ADDRESS];
"System": means any online communications infrastructure that Bug Control (Aust) Pty Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Bug Control (Aust) Pty Ltd Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (www.ipservices.care) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; 
"We/Us/Our": means Bug Control (Aust) Pty Ltd, a company incorporated in [COUNTRY] with Company registration Number [123456] , located at [Address].

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring services in the course of business.

4. Intellectual Property

  • 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all content included on the Website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bug Control (Aust) Pty Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable [COUNTRY] and International intellectual property and other laws.
  • 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given our express written permission to do so.

5. Third Party Intellectual Property

  • 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
  • 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Bug Control (Aust) Pty Ltd or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.ipservices.care without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more please contact us by email at chantelle@infectioncontrol.care or call us in the following number: your_number.

9. Use of Communications Facilities

  • 9.1 When using any system on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your account being suspended or closed:
  • 9.1.1 You must not use obscene or vulgar language;
  • 9.1.2 You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • 9.1.3 You must not submit content that is intended to promote or incite violence;
  • 9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
  • 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  • 9.1.6 You must not impersonate other people, particularly employees and representatives of Bug Control (Aust) Pty Ltd or our affiliates; 
  • 9.1.7 You must not use our system for unauthorised mass-communication such as "spam" or "junk mail".
  • 9.2 You acknowledge that Bug Control (Aust) Pty Ltd reserves the right to monitor any and all communications made to us or using our system.
  • 9.3 You acknowledge that Bug Control (Aust) Pty Ltd may retain copies of any and all communications made to us or using our system.
  • 9.4 You acknowledge that any information you send to us through our system may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

10. Accounts

  • 10.1 In order to procure services on this Website and to use certain other parts of the system, you are required to create an account which will contain certain personal details and payment information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
  • 10.1.1 all information you submit is accurate and truthful;
  • 10.1.2 you have permission to submit payment information where permission may be required;  10.1.3 you will keep this information accurate and up-to-date. Your creation of an account is further affirmation of your representation and warranty.
  • 10.2 It is recommended that you do not share your account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser.
  • 10.3 If you have reason to believe that your account details have been obtained by another person without consent, you should contact us immediately to suspend your account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
  • 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your account.

11. Termination and Cancellation of Accounts

  • 11.1 Either Bug Control (Aust) Pty Ltd or you may terminate your account. If We terminate your account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
  • 11.2 If we terminate your account, any current or pending orders or payments on your account will be cancelled and provision of services will not commence.

12. Services, Pricing and Availability

  • 12.1 Whilst every effort has been made to ensure that all general descriptions of services available from Bug Control (Aust) Pty Ltd correspond to the actual services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether. Please refer to sub-clause 13.8 for incorrect services.
  • 12.2 Where appropriate, you may be required to select the required Plan of Services.
  • 12.3 We neither represent nor warrant that such services will be available at all times and cannot necessarily confirm availability until confirming your order. Availability indications are not provided on the Website.
  • 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
  • 12.5 In the event that prices are changed during the period between an order being placed for services and us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13. Orders and Provision of Services

  • 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending to you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between Bug Control (Aust) Pty Ltd and you.
  • 13.2 Order confirmations under sub-clause 13.1 will be sent to you before the Services begin and shall contain the following information:
  • 13.2.1 Confirmation of the services ordered including full details of the main characteristics of those services;
  • 13.2.2 Fully itemised pricing for the services ordered including, where appropriate, taxes, delivery and other additional charges;
  • 13.2.3 Relevant times and dates for the provision of the services;
  • 13.2.4 User credentials and relevant information for accessing those services.
  • 13.3 If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
  • 13.4 Payment for the services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) and / or as indicated in the order confirmation you received.
  • 13.5 We aim to fulfill your order within 2-3 working days or if not, within a reasonable period following your order, unless there are exceptional circumstances. If we cannot fulfill your order within a reasonable period, we will inform you at the time you place the order by a note on the relevant web page or by contacting you directly after you place your order. Time is not of the essence of the contract, which means we will aim to fulfill your order within any agreed timescales but this is not an essential term of the contract and we will not be liable to you if we do not do so. If the services are to begin within 14 calendar days of our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
  • 13.6 Bug Control (Aust) Pty Ltd shall use all our reasonable endeavours to provide the services with reasonable skill and care, commensurate with best trade practice.
  • 13.7 In the event that services are provided that are not in conformity with your order and thus incorrect, you should contact us immediately to inform us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
  • Additional terms and conditions may apply to the provision of certain services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your order.
  • 13.8 Bug Control (Aust) Pty Ltd provides technical support via our online support forum and/or phone. Bug Control (Aust) Pty Ltd makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

14. Cancellation of Orders and Services

We want you to be completely satisfied with the products or services you order from Bug Control (Aust) Pty Ltd. If you need to speak to us about your order, then please contact customer care on [PHONE NUMBER], or by email at chantelle@infectioncontrol.care or write to us at our address (see section 1 above). You may cancel an order that we have accepted or cancel the contract. If any specific terms accompanying the service contain terms about cancelling the service, the cancellation policy in the specific terms will apply.
  • 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Bug Control (Aust) Pty Ltd and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the services within this period and wish to cancel your order, please inform us immediately using the following email: accounts@infectioncontrol.care. Your right to cancel during the cooling off period is subject to the provisions of sub-clause 14.2.
  • 14.2 As specified in sub-clause 13.6, if the services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
  • 14.2.1 If the services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the services are complete.
  • 14.2.2 If you cancel the services after provision has begun but is not yet complete you will still be required to pay for the services supplied up until the point at which you inform us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the services and the actual services already provided. Any sums that have already been paid for the services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform us that you wish to cancel.
  • 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those services and may be subject to a minimum contract duration.

15. Privacy

Use of the Website is also governed by our Privacy Policy (www.ipservices.care/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

16. How We Use Your Personal Information (Data Protection)

  • 16.1 All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
  • 16.2 We may use your personal information to:
  • 16.2.1 Provide our services to you;
  • 16.2.2 Process your payment for the services; and
  • 16.2.3 Inform you of new products and services available from us. You may request that we stop sending you this information at any time.
  • 16.3 In certain circumstances (if, for example, you wish to purchase services on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
  • 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Disclaimers

  • 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our service or services.
  • 17.2 No part of this Website is intended to constitute advice and the content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  • 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
  • 17.4 Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If we are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Website

  • 19.1 The Website is provided “as is” and on an “as available” basis. Bug Control (Aust) Pty Ltd uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  • 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

  • 20.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its content at your own risk.
  • 20.2 Nothing in these Terms and Conditions excludes or restricts .
  • 20.3 Nothing in these Terms and Conditions excludes or restricts Bug Control (Aust) Pty Ltd's liability for any direct or indirect loss or damage arising out of the incorrect provision of services or out of reliance on incorrect information included on the Website.
  • 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Bug Control (Aust) Pty Ltd.

24. Communications

  • 24.1 All notices / communications shall be given to us either by post to our premises (see address above) or by email to chantelle@infectioncontrol.care. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  • 24.2 We may from time to time, if you opt to receive it, send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.

25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Bug Control (Aust) Pty Ltd shall be governed by and construed in accordance with the Law of England and Wales and Bug Control (Aust) Pty Ltd and you agree to submit to the exclusive jurisdiction of [COUNTRY].