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Terms & Policies

BAXE Operations Australia Pty Ltd

Terms relating to the Platform

1. Introduction to BAXE Operations Australia Pty Ltd, information on how you can contact us and on how we will contact you.

1.1 We are BAXE Operations Australia Pty Ltd. Where these terms refer to “we”, “us” or “our”, this means BAXE Operations Australia Pty Ltd, a company registered in Queensland, Australia (A.C.N. 663 884 893) with its registered address and principal place of business at Level 25, Waterfront Place, 1 Eagle Street, Brisbane, QLD 4000.

1.2 How you can contact us:

Telephone

By calling customer service on 1300 51 3302 or using any other electronic means of us speaking to you that we make available to you.

Text Chat

Using the text chat functionality on our online platform (the “Platform”) or the chatbot functionality on our website.

Email

[email protected]

Web form

www.baxe.com

1.3 “you” and “your” in these terms means you, being the individual(s) or legal person that wishes to use the Platform and has therefore agreed to these terms.

1.4 Please note that you may only open up one account with us unless we explicitly approve the opening of an additional account and you are not allowed to open an account with us jointly with another person.

1.5 How we can contact you:

Platform

We can send you messages directly on the Platform.

Post

Your postal address, as set out on the Platform.

Telephone

Your telephone number, as set out on the Platform.

Email

Your e-mail address, as set out on the Platform.

It is essential that you update your contact details on the Platform as soon as they change. We will not be liable for any losses you incur as a result of your contact details having changed where you have failed to inform us that they have changed.

1.6 All communications between you and us shall be in the English language only.

2. Information on these terms

2.1 Why should you read these terms? You should read these terms carefully as they apply to the services which we will provide to you. They explain your responsibilities to us and our responsibilities to you, how and when these terms can be terminated and the extent of our liability to you. You should accept these terms only if you agree to be bound by them.

2.2 How do you accept these terms? You can accept these terms by ticking the relevant box when signing up to use our services.

2.3 When do these terms come into force and when do they end? These terms come into force when we confirm to you that you are our client and shall remain in force until terminated in accordance with these terms.

2.4 How can these terms be terminated? You can terminate these terms at any time by providing us with notice or by calling us. We can terminate these terms without cause, by providing you with one months’ notice. In addition, we can suspend your access to our services or immediately terminate these terms if:

(a) we suspect that you are behaving fraudulently or otherwise criminally;

(b) you haven’t given us information we need, or we believe that information you have provided is incorrect or not true;

(c) you’ve broken these terms regularly or in a serious way, and you haven’t put the matter right within a reasonable time of us asking you to;

(d) you have died;

(e) you’ve been declared bankrupt (or the equivalent in the country you live in);

(f) you suspend, or threaten to suspend payment of your debts or are unable to pay your debts as they fall due or admit an inability to pay your debts or you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with any of your creditors (or the equivalent in the country you live in);

(g) we have good reason to believe that your use of our services could damage our reputation or business, or badly affect us or any of our services; or

(h) we have to do so by law.

2.5 What happens if these terms are terminated? If these terms are terminated, you will no longer be able to access the services which we provide you under these terms.

2.6 If you access the services of any third parties through the Platform, then we may (entirely at our discretion) provide you with access to the Platform to the extent necessary to access those services although the third party service provider may terminate their terms with you upon termination of these terms.

2.7 Is there anything else you should be aware of when reading these terms? Yes:

(a) these terms are concluded in the English language – if you are reading a non-English language version, please note that this is provided for reference only and that the English language version is the version which applies;

(b) when we refer to a business day, we mean a day other than a Saturday, a Sunday, a bank holiday in Australia.

3. Our services

3.1 What are our services? Our services allow you to gain access to the Platform. On the Platform you can:

(a) create a profile which will include your name and photo;

(b) access our direct services which allow you to communicate directly with other users of the Platform which includes:

   (1) being able to text chat (including sending emojis and GIFs) and having voice and video calls;

   (2) being able to leave audio messages;

   (3) being able to share details of your location.

   You also have the ability to:

   (4) search through your chat history;

   (5) report undesirable content;

   (6) block / unblock other Platform users from being able to communicate with you;

   (7) join “Groups”.

(c) access our shared services which allows you to:

   (1) provide content onto an activity feed , such as messages, photos, videos, stories and live broadcasts;

   (2) view content which other Platform users have posted on the activity feed;

   (3) share content which other Platform users have posted onto the activity feed;

   (4) like, meet and comment upon content on the activity feed; and

   (5) view and search for hobbies and interests.

3.2 Will our services operate all the time? We’ll do as much as reasonably possible to make sure that our services are not interrupted, are secure and virus-free, and are accessible at a reasonable speed. However, we can’t promise that this will always be the case. Sometimes we’ll suspend use of our services so that we can make technical changes and add new features. Please note the limitations to our liability set out in section 7.

3.3 If you select a username or similar identifier for your account, we may refuse to allow you to use it or change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).

4. Services provided by third parties through the Platform

In addition to our service, you are also able to obtain access to services provided by third parties through the Platform, including accessing the payment services provided by FCG Financial Services as payment services agent of Hay Limited.

5. Your obligations

5.1 In return for us providing you with our services, you:

(a) confirm that you are at least 13 years old or the minimum legal age in your country to use our services;

(b) confirm that you are not a convicted sex offender;

(c) confirm that we have not previously disabled your account for violation of law or any of our policies;

(d) confirm that you are not prohibited from receiving any aspect of our services under applicable laws;

(e) agree not to impersonate others or provide inaccurate information;

(f) agree not to do anything unlawful, misleading or fraudulent or for an illegal or unauthorised purpose;

(g) agree not to violate these terms or any of our policies;

(h) if you post branded content, agree to comply with our Branded Content Policy ;

(i) agree not to do anything to interfere with or impair the intended operation of our services;

(j) agree not to create accounts or access or collect information in unauthorised ways;

(k) agree not to sell, licence or purchase any account or data obtained from us or our service;

(l) agree not to post someone else’s private or confidential information without permission or do anything that violates someone else’s rights, including intellectual property rights (for example copyright infringement, trademark infringement, counterfeit or pirated goods);

(m) agree not to modify, translate, create derivative works or reverse engineer our products or their components;

(n) you can’t use a domain name or URL in your username without our prior written consent.

6. Our Liability

6.1 Are there any limitations to our liability? We will not be responsible for losses resulting from failing to meet our obligations because of:

(a) our services not being available;

(b) a legal or regulatory requirement;

(c) events outside our control;

(d) criminal or any other illegal actions of third parties resulting in damage to you or any other person.

In addition, we will only be responsible for any loss that we could have foreseen at the time you agreed to these terms. We won’t be responsible for any of the following, whether direct or indirect, that arise in connection with these terms: (e) loss of income or profit;

(f) loss of goodwill or damage to your reputation;

(g) loss of business contracts or opportunities;

(h) loss of anticipated savings; or

(i) consequential loss .

In the event if we have been advised of the possibility of such damages, our aggregate liability relating to, arising out of, or in any way in connection with our Terms, us or our services will not exceed the greater or one hundred dollars ($100) or the amount you have paid us in the past twelve (12) months.

The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.

Nothing in these terms removes or limits our liability for death or personal injury or any other harm resulting from fraud or fraudulent claims and statements.

7. Your liability

7.1 If you have breached these terms and this has caused us to suffer a loss:

(a) you will be responsible for any losses we suffer as a result of your action;

(b) if your actions result in us losing profits, you may also be responsible for these losses;

(c) you will be responsible for any reasonable legal costs that arise as a result of our losses.

8. Complaints

If you feel that we have not met your expectations in the delivery of our services or if you think we have made a mistake, please let us know. You may let us know via the chat function on the Platform or through the web form on our website www.baxe.com. Please make it clear that you wish to make a complaint. We have internal procedures for handling complaints fairly and promptly. A copy of our Complaints Procedure is available upon request.

9. Data Protection

9.1 Do we collect, use and store your personal data? Yes, to provide services under these terms we need to collect, use and store information about you. For more information about how we use your personal information, see our Privacy Policy, which is available on the Platform.

10. Our duty of confidentiality

10.1 What are our obligations of confidentiality? We shall keep your confidential information (such as your name and address) confidential and shall not use such confidential information except for the purpose of exercising or performing our rights and obligations under these terms or as set out in our Privacy Policy.

10.2 When might your confidential information be shared? We share information with (and receive information from) other companies in our Group (where “Group” means us, any of our related entities, subsidiaries or holding companies (from time to time) or any subsidiary (from time to time) of any of our holding companies), other companies that provide services through the Platform (including Hay, which FCG Financial Services Pty Ltd is a payment services agent of), our employees, officers, representatives or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with these terms. This information will include the fact that you are our client, the services we provide to you, operations performed or being performed on your behalf, circumstances of providing the services to you, other information you have provided to us when opening the account and your activities, plans, debt obligations or transactions with other persons. We may also share your confidential information:

(a) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority;

(b) any third-party suppliers which we work with or you contract with when you are provided with services through the Platform; and

(c) with third party suppliers which assist us in our goal to prevent fraud and/or money laundering and/or terrorist financing.

11. Restrictions on your use of our services.

11.1 Are there any restrictions on your use of our services? Yes. You must not:

(a) use our services for illegal purposes (for example, committing fraud);

(b) use our services in a way that we reasonably believe might harm our ability to provide our services;

(c) control or use an account that is not yours;

(d) allow anyone else to have access to or use your account on the Platform.

12. Intellectual Property

12.1 We do not claim ownership of your content, but you grant us a license to use it. We do not claim ownership of the content that you post on or through the Platform and you are free to share this content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide our services. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our services, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account.

12.2 Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content. You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on the Platform, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on the Platform. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who you have given permission to see that content or follow. We will also respect your ad settings. You can learn more here about your ad settings.

12.3 You agree that we can download and install updates to the Platform on your device.

12.4 All the intellectual property in our services (for example, the content in the Platform, our website and our logo) is owned and/or being used under licence by BAXE Operations Australia Pty Ltd whose registered office is in Australia, and is being used by us and other companies in our Group to provide services to you . You must not use this intellectual property as your own, except to enjoy our services. You also must not reverse-engineer any of our services (that is, reproduce them after a detailed examination of their construction or composition). Any unauthorised use of our intellectual property is strictly prohibited.

12.5 You can only use our intellectual property and trademarks or similar marks as expressly permitted by our brand guidelines or with our prior written permission.

12.6 You must obtain written permission from us to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

13. Content removal and disabling or terminating your account

13.1 We can remove any content or information you share from the Platform (or any part of it) if we believe that it violates these terms, our policies (including our community guidelines), or we are required to do so by law. We can refuse to provide or stop providing all or part of the service to you immediately to protect our community or services, or if you create risk or legal exposure for us, violate these terms or our policies (including our community guidelines), if you repeatedly infringe other people’s intellectual property rights, or where we are required to do so by law. We can also terminate or change the service, remove or block content or information shared on our service, or stop providing all or part of the service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. In some cases when we remove content, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems, or products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please contact us. When you request to delete content or your account, the deletion process will automatically begin no more than 14 days after your request. It may take up to 14 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these terms and our privacy policy . After the content is deleted, it may take us up to another 14 days to remove it from backups and disaster recovery systems.

13.2 Content will not be deleted within 14 days of the account deletion or content deletion process beginning in the following situations:

(a) where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or

(b) where deletion within 14 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or

(c) where deletion would restrict our ability to:

   (1) investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);

   (2) protect the safety and security of our products, systems, and users;

   (3) comply with a legal obligation, such as the preservation of evidence; or

   (4) comply with a request of a judicial or administrative authority, law enforcement or a government agency;

in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

13.3 If you delete or we disable your account, these terms shall terminate as an agreement between you and us.

13.4 Unsolicited Material

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

14. Other important terms

14.1 Do we have a right of set off? Yes, we may at any time or times, without notice to you, set-off any amount we or any member of our Group owe to you against any amount (including without limit any loss) you owe to us or any other member of our Group whether or not any such amount is present or future, liquidated or unliquidated and whether or not the amount we owe to you arises under these terms or any terms you have with any other member of our Group and irrespective of the currency. If the amounts to be set-off are expressed in different currencies, we may convert any such amount at a rate of exchange which we determine to be reasonable for the purpose of set-off. Any exercise by us of our right under this section shall be without prejudice to any of our other rights or remedies.

14.2 Can these terms and associated contracts be transferred to another person? Yes, we may transfer our rights and obligations under these terms and associated contracts to another organisation without your consent. We shall let you know in advance before doing so. You cannot transfer your rights under these terms unless we confirm that you can in writing.

14.3 Do we record telephone conversations? Yes, we record telephone and electronic conversations between us and may use them as evidence if there is a dispute between you and us. We shall destroy our recordings in accordance with our normal procedures.

14.4 Can you obtain a copy of these terms? Yes. A copy of these terms is always available on the Platform.

14.5 What if you or we delay in taking action under these terms? Unless otherwise specified in these terms, if either party breaches these terms but the other party doesn’t enforce its rights, or delays in enforcing its rights, this will not prevent the other party from enforcing those or any other rights at a later date.

14.6 What if something unexpected happens? We shall have no liability to you if we are prevented from or delayed in performing our obligations under these terms by acts, events, omissions or accidents beyond our reasonable control provided that you are notified of such an event and its expected duration.

14.7 If a court finds part of these terms illegal, will the rest continue in force? Yes. Each section of these terms operates separately. If any court or relevant authority decides that any section is unlawful, the remaining sections will remain in full force and effect.

14.8 Will we ever make changes to these terms? Yes. We can change these terms by giving you thirty (30) days’ notice via email. You shall be deemed to have agreed to these changes, unless you tell us that you want to terminate these terms before the date on which the changes come into effect. You are not able to change these terms. If we add a new service that does not change these terms, we may add the service immediately and let you know before you use it.

14.9 Does anybody else have any rights under these terms? No. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.10 Which laws govern these terms? These terms are governed by the laws of Queensland, Australia. Despite this, you can still rely on the mandatory consumer protection rules of the place where you live.

14.11 Where can legal proceedings in relation to these terms be brought? If either you or us wishes to take legal proceedings in court, these can be brought in the courts of Queensland, Australia. In addition, you may bring an action in the courts of any place where you have a statutory right to bring legal action under these terms.