Website Terms of Use

Welcome to our website (the “Website”, bigdocloud.com, bigdocloud.com.au and openbig.io), the website owned and operated by BIGDO CLOUD. By using the Website in any way, including any service made available at the Website, you are agreeing to comply with and to be bound by these Terms of Use and all rules, policies, and disclaimers posted on the Website or about which you are notified (collectively, these “Terms of Use”). Please review these Terms of Use carefully before using the Website. If you do not agree with all of the Terms of Use, do not use the Site. The terms “you,” “your,” and “yours” refer to you, the user of the Website. The terms “BIGDO CLOUD,” “we,” “us,” or “our” refer to BIGDO CLOUD.

These Terms of Use are governed by the law in force in the State of New South Wales, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning the Terms of Use.

We may periodically make changes to these Terms of Use. It is your responsibility to review the most recent version of these Terms of Use frequently and remain informed of any changes to it. You agree that your continued use of the Website after such changes have been published to the Website shall constitute your acceptance of such revised Terms of Use.

License to Use the Website

Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Website for your personal use or in connection with our products and service (collectively, the “Service”). Your right to use the Website is limited by the terms set forth in these Terms of Use. Use of the Service is governed by the terms of the BIGDO CLOUD Master Subscription Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Website, including all related intellectual property rights.

Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website; (b) rent, lease, or sublicense access to the Website; nor (c) circumvent or disable any security or technological features or measures of the Website.

Access to the Website; Modifications to the Website

We do not provide you with the equipment to access the Website. You are responsible for all fees charged by third parties to access the Website (e.g., charges by internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Website without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Website at any time, for any or no reason, with or without prior notice, and without liability.

You must be 18 or older to use the Website.

Restrictions

You must comply with all applicable laws, including AU export control laws, when using the Website. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a)store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Website (“Website Content”) or compile or collect any Website Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Website Content; (c) rent, lease, or sublicense your access to the Website to another person; (d) use the Website or Website Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Website; (f) use the Website in a manner that threatens the integrity, performance, or availability of the Website; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website or Website Content.

Privacy Policy

We collect registration and other information about you through the Website. Our collection and use of this information is governed by our Privacy Policy, which is incorporated by reference into these Terms of Use.

Links and Third Party Content

The Website may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

Password Restricted Areas of the Website

Certain areas of the Website may be password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to immediately notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities.

Submissions

In the case that the Website allows you and other third parties to post information to the Website, including reviews and comments, any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Website are those of the respective authors or producers and not of us, or its shareholders, directors, officers, or employees.

Under no circumstances will we, our shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available.

Use Restrictions

You are solely responsible for any content and other material that you submit, publish or display on the Website or transmit to other members and/or other Website users.

You will not use the Website to: (a) upload, post, email, or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing or otherwise objectionable; (b) harm us or third parties in any way; (c) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (d) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, or any other forms of solicitation; (e) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or (g) collect or store personal data about other users.

If you see content on the Website that violates these use restrictions, please contact us.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BIGDO CLOUD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE WEBSITE AND WEBSITE CONTENT, AND YOU RELY ON THE SERVICE, WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIGDO CLOUD OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

BIGDO CLOUD WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIGDO CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL BIGDO CLOUD’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WEBSITE OR WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE ONE HUNDRED DOLLARS ($100).

Updates to this Website and License Agreement

We may occasionally update the Website and these Terms of Use. When we do, we will revise the “last updated” date on these Terms of Use. You should check this Website and these Terms of Use frequently to see recent changes. Your continued use of the Website after such changes will be subject to the then-current terms of use. This version of these Terms of Use shall supersede all earlier versions.

Copyright

Except where necessary for viewing the information on the website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, no information on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of BIGDO CLOUD.

Contacting us

If you have any questions or concerns about the Website or these Terms of Use, please send us a thorough description from Contact .