User Terms and Conditions
For Use of Our Lost and Found Services
These terms and conditions (Terms) apply to the use of the website bacpoc.com, the associated mobile application and any other website on which our Services are provided (together, ‘the Website’). By using the Website for these or any other purposes, you agree to be bound by these Terms. If you do not accept these Terms, you must refrain from using the Website. These Terms must be read in conjunction with any other applicable terms and conditions governing the use of the Website and our Services.
In these Terms, the expressions “we”, “us” and “our” are a reference to BACPOC PTY LTD ABN 12 613 924 388, bacpoc.com and all directors, employees and contractors from time to time.
“Advertisement” means the Content describing the lost or found property.
“Content” means any and all material, goods, links, words and images any User submits or links to the Website including, but not limited to, any copyright material or any registered trade marks or unregistered trade marks.
“Services” means the advertising of any lost or found property by Owners and Finders and for Users to find and contact one another for the purpose of returning any lost or found property.
“Finder” means any User who uses the Services provided by the Website to return property to its owner.
“Owner” means any User who uses the Services provided by the Website to recover their lost property.
“Transaction” means the connection of Owners with the Finders through the use of the Services provided on the Website and includes the payment of a reward to a Finder for the return of lost property to an Owner.
“User” means any person accessing the Website and/or using the Services provided on the Website, which includes any Finder and Owner.
“You” “your” means any User.
2. AMENDMENTS TO TERMS
We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon publication on the Website. Your continued use of the Website following such publication will represent an agreement by you to be bound by the Terms as amended. The amended Terms will take effect from the next time you log into the Website or use the Website. If you do not agree with the amendments, then you must stop using your account and the Website. Your continued use of the Website is subject to our current Terms as amended from time to time.
3. REGISTERED USER
- You must register in order to gain access to the Website and the Services. You must first fill in registration details that are required to gain access as well as pay any subscription fees according to the subscription you choose from our subscription tiers: Essential, Essential Plus and Premium (https://bacpoc.com/business-lost-and-found/pricing.html).
- Subscription quoted fees and amounts are inclusive of goods and services tax and taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods and services (where applicable).
- Your security while using the Website is extremely important to us, and we have taken all reasonable measures to ensure your personal details and credit card information are kept safe at all times. Your payment information is shared with our payment processing provider Stripe. Your credit card information is not stored on the Website or our personal servers. We use the payment service provided by Stripe.com which has been certified to PCII Service Provider Level 1. You can find out more about their data protection and security processes here: https://stripe.com/docs/security
- You agree to ensure that your registration details are accurate and up to date and that you will keep your user name and password (the ‘login information’) confidential and private at all times.
- By posting any Content using our Services, you represent that you have the right to publish the Content. You also represent that any information included as part of the Content is accurate and does not misrepresent what is being advertised, mislead and is up-to-date.
- We can delete your Content and/or suspend or terminate your account at any time at our sole discretion for any reason or if you breach any of these Terms and we are not obligated to return any subscription fees or any other fees for the Services.
4. ADVERTISEMENTS AND CONTENT
- we are a third-party facilitator only for the purposes of providing the Services and permitting Users to post Content on the Website for the purpose of connecting Owners with Finders, however we do not guarantee the recovery of lost property or the payment of a reward for the return of lost property to the Owner;
- when you post any Content with status as lost, found or otherwise on the website to be claimed, you are fully responsible for the advertisement, the process involved to make any successful claim by an Owner and any results of this process. For the sake of clarity, you agree to hold us harmless, fully indemnify us and take over any legal claim that may result from your posting of Content, and/or any process relating to any claim by any Owner or Finder;
- that any Transactions related to any lost property that may occur using our Services is done directly between the Owner and the Finder and disputes, issues, dealings, complaints are to be dealt with by the Owner and the Finder. We are at no time to be involved in such disputes; and
- we have a non-exclusive, worldwide, royalty-free, perpetual licence to use, edit, reproduce and exploit the Content in any form, format or media for any purpose related to the Website or our Services and to grant others the right to reproduce your Content in any form, format or media for any purpose related to the Website or our Services.
5. TRANSACTION PROCEDURE
- Owners and Finders contact each other through the messaging function of the Website and arrange a method of delivery of the property to the Owner.
- You need to choose the level of privacy you wish the items you list as lost or found to be accessed. If you do not choose to have a private listing using our Service, the default applies as public. All persons who view our website then may access the items you have posted in your Advertisement.
- You may choose to have the lost property delivered to the Owner by a courier service under the terms of business of such courier company or the Owner may arrange to collect the property directly. We are not responsible for any harm, loss or damage whatsoever that the Users are exposed to during this process. This delivery and collection process is done at the User’s own risk.
- If you are Premium member, you may be provided with access to use our widget. Please note: this widget service and embed is provided and available on a best efforts basis and may not be available on an uninterrupted basis, for example, if we are updating, modifying or otherwise working on this service. Any additional service such as our widget embed contains information input and provided by you, as a user and we are not responsible for the content or data, nor how or where you may embed this code. You are solely responsible for use and placement of this code.
- Only Owners and Finders who can make legally binding contracts will be able to participate in Transactions. You must be 18 years or older to use our Services.
6. USE OF THE WEBSITE
- The use of the Website and Services is intended only for lawful and ethical purposes by Finders seeking to return lost property to the Owner and for Owners to seeking to recover their lost property. You may not use it (or encourage or assist others to use it) for any purpose that is prohibited by our Terms or by any applicable law.
- We make no representations as to the accuracy of the information provided by Users.
- In these Terms:
- the expressions Consideration, GST, Input Tax Credit, Recipient, Supply, Tax Invoice and Taxable Supply have the meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999 (GST Act); and
- Supplier means any party treated by the GST Act as making a Supply when using the Website or our Services.
- If GST is imposed on any Supply made under or in accordance with these Terms, the Recipient of the Taxable Supply must pay to the Supplier an additional amount equal to the GST payable on or for the Taxable Supply, subject to the Recipient receiving a valid Tax Invoice in respect of the Supply at or before the time of payment.
- You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Website or our Services. In no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
- In addition, we are not liable in the event that:
- any person makes a false claim of ownership; or
- your lost property was not returned to you for any reason including that it was stolen by any person, incorrectly stored or disposed by any person or collected by the wrong person; or
- your lost property was returned to you in a damaged or altered condition.
- You are fully responsible for choosing your privacy level and access by Users. We are not responsible if you do not set the appropriate or proper privacy settings and you agree to fully indemnify us for any claims (including but not limited to third party claims) which may result whether indirectly or directly from any privacy issues relating to your use of the Services.
- You acknowledge that at no time prior to entering into and agreeing these Terms have you relied on our skill or judgment and that it would be unreasonable for you to do so.
9. SPECIFIC WARNINGS
- You must ensure that your access to the Website is not illegal or prohibited by laws that apply to you.
- You must take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.
- Whilst we have no reason to believe that any information contained on the Website is inaccurate and do our best to ensure it is kept up to date, we do not warrant the accuracy, adequacy or completeness of such information. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Website.
- We do not give you any assurances that any information contained on the Website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments.
- Responsibility for the content of Advertisements appearing on the Website (including hyperlinks to other websites) rests solely with the User uploading the Advertisement. The placement of such Advertisements does not constitute a recommendation or endorsement by us of the content of the Advertisements and User uploading the Advertisement is solely responsible for any representations made in their Advertisement.
- We make no warranty that the Services supplied using the Website will meet your requirements. In particular, we make no warranties of merchantability or fitness for a particular purpose.
- Details contained on the Website relating to items or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the Website concerning those items or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not partake in a Transaction via the Website or using our Services.
- You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the Website. We do not accept responsibility or liability of any nature for any such losses that you may sustain as a result of such activity.
10. Australian Consumer Law
- Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
- Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for the Statutory Rights.
- Except for the Statutory Rights, the Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.
- When the Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
- The supply of any services again; or
- The payment of the cost of having any services supplied again.
You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from (i) your breach of our Terms, (ii) Content you may provide to the Website, (iii) any activity you may engage in through the Website or any Transaction, (iv) any unauthorised use of the Website by you or anyone obtaining your login information, (v) any claim, including but not limited to disputes as to ownership of property, by any other person, company or other legal entity in relation to any property that is the subject of any Advertisement or Transaction.
You agree to take over and manage any claim that any individual, business or third party may take or make against us as a direct or indirect result of you using our Services, any Transaction or your use of our Website.
Copyright in the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms, you may not in any form or by any means: adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or commercialise any information, products or services obtained from any part of the Website, without our written permission.
13. TRADE MARKS
- Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
- If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks: in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; in a manner that disparages us or our information, products or services (including the Website).
- You grant us the non-exclusive licence right to use your trade marks and Logos on the Website for the purposes of providing information to Users as to the organisations that use the Website.
14. RESTRICTED USE
You are authorised to print a copy of any information contained on the Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from the Website.
15. LINKS IN THE WEBSITE
- The Website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained.
- We are not responsible for the content or privacy practices associated with Linked Websites.
- Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
16. HOW WE HANDLE E-MAILS
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. We may monitor your e-mail message content for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
17. PRIVACY AND SECURITY OF INFORMATION
- We will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in relation to personal information you provide to the Website. We will use all reasonable efforts to maintain the security of the personal information provided to the Website.
- Users can choose to either keep their lost and found registry 'public' or 'private'. If you choose to make your registry public, your lost and found items will be displayed on the business-to-customer sections of the Website where other Users can search the lost and found registry. If you choose to make your lost and found registry private, the registry will only be viewable only to those working within your organization. The default option will be set on public. You need to actively change the privacy options yourself.
- We reserve the right to disclose a User’s name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.
- We may share your personal information with our service providers in order to provide the Services. By registering your personal information on the Website, you agree that we can disclose your personal information to service providers and other third parties that can assist with returning the lost and found property that you advertise on the Website.
- To reduce the risk of fraud or misuse of personal information, we and our designated service providers may verify your personal information, including but not limited to, your address and credit card information, with third party service providers.
- Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, subject to our obligations under the APPs, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of the Website.
18. TERMINATION OF ACCESS
We may terminate access to the Website at any time without notice including in situations where users falsely list items as lost or found or falsely claim items as their own. Our disclaimer, the indemnity and other provisions in sections 8 to 11 of these Terms will nevertheless survive any termination.
19. GOVERNING LAW
These Terms are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
- We accept no liability for any failure to comply with these Terms where such failure is due to circumstance beyond our reasonable control.
- If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
- If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
21. MEDIATION AND DISPUTE RESOLUTION
- All disputes arising out of any legal claim arising from any dealings or arrangements between any Owner and Finder are directly between the Owner and Finder. Users hereby waive any legal claims against us that arise directly or indirectly from any dealings or arrangements between Users.
- We encourage Users to try and resolve disputes directly or through mediation provided by a provider of alternative dispute resolution (ADR) services. The Users are responsible for paying any costs associated with the ADR service in accordance with the terms and conditions of the ADR service.
22. TO RETURN TO THE WEBSITE