Terms & Conditions
Welcome to the Website of Burdi Pty Ltd (ACN 40 097 190 620) trading as “Burdi” (“we” “us” or the “Company”) an online job management service designed for trade businesses. This Website is located on the web via the domain https://burdi.com.au/ and includes all of the files located in that domain.
“Burdi” means Burdi Pty Ltd (ACN 40 097 190 620), any holding company or companies for the time being of the Company and any subsidiary or subsidiaries for the time being of the Company or of any such holding company or companies.
“Burdi Software” or “Software” means all and any software as developed by Burdi, including but not limited to the Site, programs or download and/or mobile applications.
“Confidential Information” means all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding:
Information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement; and
Information developed independently by a party.
“Data” refers to written and graphical content provided by or through the Service, including, without limitation, text, photographs, illustrations, and designs, whether provided by you, another customer of the Service, or any other third party.
“Documentation” means any and all proprietary documentation made available to you by Burdi for use with the Licensed Software, including any documentation available online.
“Fees” means all fees payable to Burdi including but not limited to subscription fees, Usage Fees, training fees, licensing fees, or service-based fees.
“Force Majeure Event” means any event beyond the control of the relevant party.
“Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
“Invited User” means any person or entity, other than you, that uses the Service with your authorisation from time to time.
“Member” means any user who has registered and obtained a Member Account for the use of the Services.
“Member Account” means the account registered by a Member which allows the Member full access to the Services.
“Moral Rights” has the meaning given under the Copyright Act (Cth) 1968 and includes any similar rights existing in other countries.
“Service” means the online job management services made available (as may be changed or updated from time to time by Burdi) by Burdi to Members.
“Site” or “Burdi Site” or “Website” means the Burdi Website burdi.com.au, or any other such Website that may supersede it in the future.
“Usage Fee” means a monetary fee for your use of and access to the Service, based on your level of usage or pricing plan, plus any additional costs associated with overages or add-ons activated within the Burdi service, payable by you, in accordance with the fee schedule set out on the Website or within your Burdi service.
“Users” means any person who makes use of any Burdi Software, the Burdie application, and/or the Burdi Site.
“You” means the user using this Service, and where the context permits, an Invited User. “Your” has a corresponding meaning.
“Website” means the Internet Site at the domain https://burdi.com.au/ or any other Site operated by Burdi.
Agreement to these Terms and Conditions
By accessing this Site or by downloading and/or using a Burdi program and/or mobile app (“App”), you agree to be bound by these terms and conditions (“Terms and Conditions”). These Terms and Conditions constitute a binding agreement between you and Burdi and govern your use of this Site. If you do not agree to these Terms and Conditions, you should not use this Site or programs, or download and/or use the Burdi App.
Burdi is online software management system created by tradies for tradies. Members are invited to upload invoices received and insert other User Content in order to allow the system to intercept, review, and report on wholesaler invoices. The Services enable Burdi to advise you of any discrepancies, comparisons, and other data tracking analytics.
You understand and acknowledge that the Service is made available on an “as is” and “as available” basis for the primary purpose of the provision of comparison and invoice management to Members. Whilst Burdi will use reasonable endeavours to provide the Service to you, you acknowledge that it may not be continuous or fault-free, and may not be available at all times. Events which are outside our reasonable control may also affect the Service. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers, computers, tablets and smart phones) connected thereto. You assume all risks and all costs associated with your use of the Service, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your devices and peripherals, and any damage to any equipment, software, information or data. In addition, Burdi is not obligated to, and will not provide you with any maintenance, technical or other support for the Service.
You acknowledge and agree that Burdi may access, use, preserve and/or disclose your Burdi Member Account information if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:
- comply with legal process or request;
- enforce this Agreement, including investigation of any potential violation thereof;
- detect, prevent or otherwise address security, fraud or technical issues; or
- protect the rights, property or safety of Burdi, its users or the public as required or permitted by law.
Burdi will continue invoicing you Usage Fees in accordance with your pricing plan and service usage until this Agreement is terminated. All Burdi invoices will be sent to you, or to a Billing Contact whose details are provided by you, by email. You must pay all amounts specified in any invoice by the due date.
You must only use the Service for your own lawful internal business purposes, in accordance with these Terms and Conditions and any notice sent by Burdi or condition posted on the Website. You may use the Service on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorised to do so, and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to you.
It is the Member’s responsibility to make payments for Fees in a timely manner. All Fees are invoiced on the first day of the month, and payment should be made within fourteen (14) days. Fees are subject to change, and Users will be given advance notice of any impending fee changes.
Payment of account fees will be made through debiting the Member’s credit card, details that will be provided to Burdi by you prior to the Services being provided. Accounts that are not paid for within fourteen (14) days of being invoiced are subject to account suspension. Suspended accounts may be reactivated upon payment of all outstanding Fees on the account.
Restrictions on use
Your use of this Site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to Burdi at law or in equity, Burdi reserves the right to, without notice:
temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide services to you if:
you breach any provision of these Terms and Conditions;
Burdi is unable to verify or authenticate any information that you provide to us; or
Burdi believes that your actions may cause damage and/or legal liability to Burdi, any of its customers or suppliers or any other person; and
remove or block access to any information and/or materials (in whole or in part) that Burdi, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Terms and Conditions.
You indemnify and hold harmless Burdi and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
any material or information that you submit, post, transmit or otherwise make available through this Site;
your use of, or connection to, this Site; or
your negligence or misconduct, breach of these Terms and Conditions or violation of any law or the rights of any person.
You agree not to access or use the Software in any manner that could damage, disable, overburden, or impair any Burdi accounts, programs, computer systems or networks. You agree not to attempt to gain unauthorised access to any parts of the Software or any Burdi accounts, programs, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Software or any Burdi accounts, programs, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Software or any Burdi accounts, programs computer systems or networks without express written permission from Burdi.
It is prohibited to link directly to individual resources on Burdi servers without prior written consent. Framing of any content available through the Site without Burdi’s prior written consent is also prohibited. Burdi reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other web site reached by links to or from the Site.
Access to and use of password protected or secure areas of the Software is restricted to authorised Members only. You agree not to share your password(s), account information, or access to the Software. You are responsible for maintaining the confidentiality of password(s) and account information, and You are responsible for all activities that occur under Your password(s) or account(s) or as a result of your access to Software. You agree to notify Burdi immediately of any unauthorized use of your password(s) or account(s).
These Terms do not grant you a licence under any patent, trademark or copyright of Burdi or any third party.
Registration and account security
Requirement for registration
Burdi reserves the right to make any parts of this Site accessible only to Members who have registered and created a member account (“Member Account”).
In order to use the Services you will need to accept the terms of this Agreement, be registered as a Burdi member (“Member”) and hold a current Member Account.
Username and password
Upon registration with this Site and signing up to the Burdi Services, you will be issued with a username and password to access your Member Account. You are responsible for maintaining the security of your password for this Site. Burdi will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Burdi will be entitled to assume that any person using this Site with your username and password is you or your authorised representative.
You must notify Burdi immediately of any known or suspected unauthorised use of any password or any other breach of security.
In order to register a Member Account with this Site, you must agree to these Terms and Conditions and provide Burdi with:
a valid email address;
accurate contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
any other information that may be required by Burdi during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to Burdi that all information provided to Burdi by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this Site. Accounts registered by “bots” or other automated methods are not permitted.
Approval of registrations
Burdi reserves the right to accept or reject any application for registration of an account with this Site at its discretion.
Dealings with third parties
Content supplied by third parties
The Site provides links to websites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
any loss or damage that results from any dealings that you may have with such third party content.
Third party goods/services and Websites
We do not recommend or endorse any third party content, or goods or services that are listed, advertised or referred to in this Site or the content of any third party Websites. We are not responsible for the content of linked third party Websites, Websites framed within this Site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with Websites containing information that some users may find inappropriate or offensive. Your use of any third party Websites is at your own risk and subject to their respective terms and conditions of use.
You acknowledge that Burdi does not:
check the truth or currency of any of the material or information that users and third parties provide or make available through this Site;
offer professional advice on the quality or suitability of any information supplied by any such users or third parties; or
endorse or recommend any third party supplier or any user or third party content and/or information, including where details of the relevant supplier are provided by Burdi to you or otherwise become known to you through this Site.
In these Terms and Conditions, the term “Proprietary Content” means:
all of its content (including all of the text, graphics, designs, software, data, sound and video files, and other information contained in this Site, and the selection and arrangement thereof); and
all software, systems and other information owned or used by Burdi in connection with this Site (whether hosted on the same server as this Site or otherwise).
All Proprietary Content is the property of Burdi or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms and Conditions or with the prior written consent of Burdi or other copyright owner (as applicable).
You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Burdi. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Burdi.
In these Terms and Conditions, the term “User Content” means any and all content that is submitted, posted or otherwise added to this Site by any user, such as invoices, pricing information and data, information comments, forum posts, chat room messages, reviews, ratings and feedback.
This Site contains some features that enable you and other users to upload User Content. Burdi reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
represent and warranty to Burdi that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
grant to Burdi a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Burdi’s absolute discretion.
If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party Website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within fourteen (14) days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further fourteen (14) days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Case Studies and Aggregate Data
You grant Burdi a perpetual, worldwide, irrevocable, licence to use, reproduce and display any case studies (“Case Studies”) created using results received in relation to the Services carried out, and that such Case Studies may be used for both marketing and promotional purposes and/or further studies, including but not limited to Burdi’s research, publications, website, proposals, marketing materials, the press, and on any other websites owned and/or operated by Burdi, provided always that the Case Studies shall remain anonymous and that each shall be approved in writing by the Client.
You also agree that Burdi may incorporate your data into Aggregate Data (where Aggregate Data means data which is collected from multiple sources and/or on multiple measures, variables, or individuals and compiled into data summaries or summary reports), and agree that Burdi may retain the right to use, sell, disclose, transfer, or rent that Aggregate Data.
A party must not, without the prior written consent of the other, use or disclose the other party’s Confidential Information unless expressly permitted by this Agreement or required to do so by law or any regulatory authority.
A party may –
Use the Confidential Information of the other party solely for the purposes of complying with its obligations and exercising its rights under this Agreement; and
Disclose the Confidential Information to its personnel or advisers to the extent necessary for them to know the information for purposes related to this Agreement, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.
Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party’s Confidential Information whilst it is in the receiving party’s possession or control.
Each party must return, or at the other party’s option destroy, all Confidential Information of the disclosing party in the receiving party’s possession or control, on the earlier of Burdi’ request or on termination of this Agreement for any reason.
Media content ownership
You own all of the content and information you add to your Burdi account. In addition:
For content that is covered by intellectual property rights, such as but not limited to documents, photos and videos (“IP Content”), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you upload, add or include on your account. This grant ends when you delete your IP content or close your account with Burdi.
When you delete IP Content, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BURDI AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This Site is provided strictly on an “as is” basis. To the maximum extent permitted by law, Burdi and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
this Site will meet your requirements or expectations;
anything on this Site, or on any third-party Website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
the quality of any information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
errors or defects will be corrected; or
this Site or the servers that make it available are free of viruses or other harmful components.
Exclusion of liability
To the maximum extent permitted by law, Burdi and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms and Conditions or the use of this Site by you or any other person.
To the maximum extent permitted by law, Burdi and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Burdi’s sole discretion):
in the case of goods, to any of the following:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
You agree that your use of this Site is at your own discretion and risk. You agree to release Burdi and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms and Conditions or the use of this Site by you or any other person. Burdi may plead this release as a bar and complete defence to any claims or proceedings.
To the maximum extent permitted by law, and without limiting any other provision of these Terms and Conditions, Burdi excludes liability for any delay in performing any of its obligations under these Terms and Conditions where such delay is caused by circumstances beyond the reasonable control of Burdi, and Burdi shall be entitled to a reasonable extension of time for the performance of such obligations.
To the maximum extent permitted by law, Burdi makes no representation, warranty or undertakings about the accuracy and completeness of the information contained on this Site. Burdi will not be liable for any inaccuracies or omissions or any direct, indirect, or consequential damages or loss caused by the use of any of the information contained on this Site or uploaded by any user or third party. While due care has been used in preparation of all information contained on this Site and provided by Burdi, actual results may vary materially. Forecasts and hypothetical examples are subject to uncertainty and contingencies outside Burdi’s control and for which Burdi accepts no liability.
In these Terms and Conditions, the following rules of interpretation apply:
headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms and Conditions;
these Terms and Conditions may not be construed adversely against Burdi solely because Burdi prepared them;
the singular includes the plural and vice-versa;
a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Burdi may provide any notification for the purposes of these Terms and Conditions by email and/or by adding the notification into your Member control panel.
Except as specifically provided in these Terms and Conditions, each party must bear its own legal, accounting and other costs associated with these Terms and Conditions.
You may not assign, transfer or sub-contract any of your rights or obligations under these Terms and Conditions without Burdi’s prior written consent. Your registration with this Site is personal to you and may not be sold or otherwise transferred to any other person.
Burdi may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions at any time without notice to you.
Waiver of any power or right under these Terms and Conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Burdi to act with respect to a breach by you or others does not waive Burdi’s right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these Terms and Conditions are severable and, if any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Burdi reserves the right to amend these Terms and Conditions and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site.
You may only vary or amend these Terms and Conditions by written agreement with Burdi.
Governing law and jurisdiction
These Terms and Conditions will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.
Schedule 1 – Prohibited conduct
YOU MUST NOT:
use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
use this Site by any automated means;
use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this Site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
falsely imply that any other Website is associated with this Site;
do anything that leads, or may lead, to a decrease in the value of Burdi’s intellectual property rights in this Site;
use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Burdi without Burdi’s prior written consent; or
use this Site to transmit any information or material that is, or may reasonably be considered to be:
abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
in breach of any person’s privacy or publicity rights;
a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
containing any political campaigning material, advertisements or solicitations; or
likely to bring Burdi or any of its staff into disrepute.