1. ABOUT THESE TERMS
These Website Terms of Use (Terms) govern your access to and use of the websites operated by Bhalekar Pty Ltd (ABN 22 642 063 385) (Bhalekar, we, us or our) at onboard.bhalekar.ai, bhalekar.ai and any other Bhalekar-controlled domains (the Website).
By accessing or using the Website you agree to be bound by these Terms. If you do not agree, you must not use the Website.
Important: These Terms cover your use of the Website only. If you have entered into a separate agreement with us for use of our software products (such as the Onboard Customer Licence Agreement), that agreement governs your use of the relevant software, not these Terms.
2. PERMITTED USE
You may access and use the Website to:
- learn about Bhalekar and our products and services;
- request a demonstration, contact us, or apply to become a customer or partner; and
- access information that we make publicly available on the Website.
You must use the Website lawfully and in good faith.
3. PROHIBITED CONDUCT
You must not:
- use the Website in any way that breaches any applicable law or regulation;
- attempt to gain unauthorised access to the Website, the systems on which it runs, or any associated networks, accounts or data;
- introduce viruses, trojans, worms, ransomware, logic bombs or other malicious code to the Website;
- conduct denial-of-service or distributed-denial-of-service attacks against the Website;
- scrape, harvest, mirror, frame, or systematically extract content from the Website without our prior written consent, except as required for ordinary search-engine indexing;
- use the Website to transmit unsolicited commercial electronic messages or to harvest contact information for that purpose;
- upload, post or transmit through any Website form any content that is unlawful, defamatory, obscene, harassing, infringing of intellectual property, or otherwise objectionable;
- impersonate another person, misrepresent your affiliation, or provide false information through any Website form;
- reverse engineer, decompile, or disassemble any portion of the Website or attempt to derive source code; or
- use the Website to compete with us, including to develop a competing product or service or to assist any third party in doing so.
4. INTELLECTUAL PROPERTY
4.1 Our content
All content on the Website (including text, images, logos, graphics, branding, designs, photography, videos, audio and software) is owned by Bhalekar or its licensors and is protected by copyright, trade mark and other intellectual property laws. Onboard, the Onboard logo, the Bhalekar name and logo, and the three-bar mark are trade marks of Bhalekar.
4.2 Limited licence
We grant you a limited, non-exclusive, non-transferable, revocable licence to view and use the Website for your personal or internal business purposes, in accordance with these Terms. No other rights are granted. You must not reproduce, distribute, modify, create derivative works from, publicly display, publish, sell, or commercially exploit any Website content without our prior written consent.
4.3 User submissions
If you submit content to us through any form or contact channel on the Website (including comments, feedback, ideas, demo-request information, or partner-application information), you grant us a perpetual, worldwide, royalty-free, sublicensable licence to use, reproduce, modify and incorporate that content for any business purpose (other than Personal Information, which we use only as set out in our Privacy Policy). You warrant that you have all rights necessary to grant this licence and that the content does not infringe any third party rights.
5. FORMS, CONTACT AND COMMERCIAL MESSAGES
5.1 Demo requests and contact forms
When you submit a demo request or other contact form on the Website, the information you provide will be used to respond to your request and provide related product information you have consented to receive. We handle that information in accordance with our Privacy Policy and the Spam Act 2003 (Cth).
5.2 Consent to commercial electronic messages
You may consent during sign-up to receive commercial electronic messages from us by email or phone. You can withdraw your consent at any time using the unsubscribe mechanism in any commercial electronic message we send, or by contacting us using the details at the end of these Terms.
5.3 Accuracy of information
You must provide accurate, current and complete information when filling in any Website form. You must not impersonate another person or misrepresent your affiliation with any organisation.
6. THIRD PARTY LINKS AND SERVICES
The Website may contain links to third party websites or display content from third party services (for example, a Stripe payment widget, an embedded calendar booking tool, or social media links). We do not control, endorse or assume responsibility for the content, products, services, privacy practices or terms of any third party. Your use of any third party website or service is at your own risk and is governed by that third party's terms.
7. PRIVACY AND COOKIES
7.1 Privacy Policy
Our handling of Personal Information collected through the Website is described in our Privacy Policy, which is available at onboard.bhalekar.ai/privacy and forms part of these Terms. By using the Website you acknowledge our Privacy Policy.
7.2 Cookies and analytics
The Website uses cookies and similar technologies to operate, secure, measure and improve the service. You can configure your browser to reject cookies; however, parts of the Website may not function properly if you do. Further detail is provided in our Privacy Policy and any cookie notice presented when you first visit the Website.
8. DISCLAIMERS
8.1 Information provided "as is"
Information on the Website is provided for general information only. While we take reasonable care to keep information accurate and up to date, we do not warrant that Website content is current, complete, accurate or error-free, or that the Website will be available without interruption. You should not rely on Website content as professional, legal, accounting, tax or compliance advice.
8.2 No advice
Nothing on the Website constitutes professional advice. Australian Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) compliance, Privacy Act 1988 (Cth) compliance, and tax practitioner obligations are matters on which you should obtain your own qualified professional advice. References to AUSTRAC, Tranche 2 commencement dates, or compliance obligations on the Website are general statements only and are not a substitute for advice tailored to your circumstances.
8.3 ACL consumer guarantees
Where you are a "consumer" within the meaning of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), certain consumer guarantees may apply that cannot be excluded, restricted or modified. Nothing in these Terms excludes or limits those non-excludable rights. To the maximum extent permitted by law, all other warranties (express or implied) are excluded.
9. LIABILITY
To the maximum extent permitted by law, Bhalekar is not liable for any loss or damage (including indirect, consequential, special or punitive loss, loss of profit, revenue, business or data) arising out of or in connection with your use of the Website. Nothing in these Terms excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot lawfully be excluded.
If you are dissatisfied with any aspect of the Website, your sole and exclusive remedy is to stop using the Website.
10. SUSPENSION AND CHANGES
We may, at any time and without notice:
- modify, suspend or discontinue all or part of the Website;
- restrict your access to the Website if we reasonably believe you have breached these Terms; or
- change these Terms by posting an updated version on the Website. Your continued use of the Website after changes are posted constitutes acceptance of the changed Terms.
11. GENERAL
11.1 Governing law
These Terms are governed by the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria.
11.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect, and the invalid or unenforceable provision is to be read down only to the extent necessary to make it valid and enforceable.
11.3 Entire understanding
These Terms (together with our Privacy Policy and any specific agreements you have entered into with us) constitute the entire understanding between you and Bhalekar in relation to your use of the Website.
11.4 Contact
Questions about these Terms can be sent to info@onboard.bhalekar.ai or by post to Bhalekar Pty Ltd, Williams Landing, Victoria, Australia.
Effective date: [to be set on deployment]
Onboard Website Terms of Use v1.0 DRAFT · Bhalekar Pty Ltd · ABN 22 642 063 385