Terms Of Service

Terms of Service

This page describes the terms and conditions that govern your use of the website BillyGuard.com (BillyGuard).

Please see BillyGuard’s Privacy Policy for information on BillyGuard’s data collection practices.

If you have questions or would like more information and you aren’t sure who to contact, please use our Contact Us page.

IMPORTANT NOTICE: In order to use this service, you must be at least 14 years old.  If you are under the age of 14 then a parent or legal guardian must give you permission to use the platform.

This website, BillyGuard.com (“BillyGuard”) is an open and public internet website (platform) created to help people and to actively fight against bullying worldwide. BillyGuard is operated by BillyGuard Pty Ltd, an Australian limited liability company who may be contacted at the following addresses:

BillyGuard Pty Ltd
PO Box 343, Allawah, NSW 2218
Australia

Admin@billyguard.com

1. BILLYGUARD MEMBERSHIP | USER TERMS & CONDITIONS

This is a legal agreement (“Agreement”) between you (“you” or “yours” or “users”) and BillyGuard Pty Ltd (“BillyGuard” or “we” or “us” or “our”). Please read the Agreement carefully before registering for a user account with BillyGuard or otherwise using/viewing this website. By registering for a user account and/or using BillyGuard, you agree to be bound by the terms and conditions of this Agreement as applicable (the “Terms”) which may affect your rights, including those that relate to arbitration, choice of law, forum and what we may do with your information and the content you provide to us. If you do not agree to the Terms, including our Privacy Policy (incorporated into this Agreement by this reference) without limitation or qualification, you are not permitted to use BillyGuard.

We may change, add or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these terms prior to each use of the BillyGuard platform and by continuing to use this website you agree to any changes.

Persons who are under 14 years of age may not register to use BillyGuard without the consent of a parent of legal guardian. By registering with BillyGuard for a user account, you represent and warrant that you are at least 14 years old or have the mandatory permission.

BillyGuard reserves the right to immediately suspend or terminate your registration with BillyGuard, without notice, upon any breach of this Agreement by you which is brought to BillyGuard’s attention.

2. CONDUCT

You are solely responsible for all content or information you publish, submit or display (hereinafter, “post”) on or to BillyGuard and agree to, understand, and will abide by, all of the following:

 

  • By posting information on BillyGuard, you warrant and represent that the information is truthful and accurate.
  • You are not allowed to submit more than one Report regarding the same person/business/platform that relates to the same issue. Any new bullying shall be filed as a separate incident.
  • You are not allowed to post on BillyGuard with the sole intention to harass or bully any particular individual, including, but not limited to content that may be perceived as cyber harassment, cyberstalking, cyberbullying or an unclassified form of a “revenge report”.
  • You will use BillyGuard in a manner consistent with all applicable laws and regulations.
  • You will NOT take any action or assist, encourage, induce, or request that anyone else take any action which may impair or negatively affect the visibility or ranking of BillyGuard pages in search engines such as Google, Bing, Yahoo! or others.
  • You will NOT insert or cause to be inserted any HTML, JavaScript, PERL, or any other form of computer code into any BillyGuard user account data field or into any webpage on BillyGuard.
  • You will NOT upload, or cause to be uploaded, viruses or other similar malicious code.
  • You will NOT do, or aid anyone else in doing, anything that could disable, overburden, or impair the proper working of BillyGuard, such as a denial of service (DDOS) attack.
  • You will NOT access, monitor or copy any content or information using any manual or automated process including by robot, spider, scraper for any purpose without express written permission from BillyGuard.

BillyGuard provide a service for those being bullied to lodge a complaint and take action to stop being bullied.  BillyGuard are not responsible for any aspect of the complaint being raised and are fully indemnified against any legal action or consequences that may arise from the aforementioned complaint/s by the person lodging the said complaint.

We reserve the right, at our sole discretion, and without notice, to reject a complaint submitted by users of the service for failure to conform to any of the Terms stated herein.

3. COMPLAINT CONTENT

Opinions, advice, statements, or other information submitted to BillyGuard are those of their respective authors and not of BillyGuard, and BillyGuard are in no way responsible or liable for any action or consequence of false or misleading information being supplied to us. Such authors are solely responsible and liable for the accuracy of such content.

BillyGuard does not guarantee the accuracy, completeness, or usefulness of any information supplied and neither adopts nor endorses nor is responsible for the accuracy or reliability of the said content. Under no circumstances will BillyGuard be responsible for any loss or damage resulting from someone using BillyGuard or submitting a report on the platform.

4. INDEMNITY

You will defend, indemnify, and hold harmless BillyGuard, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of BillyGuard, including, but not limited to, any false assertion made or breach by you of the Terms of this Agreement.

5. NON-REMOVAL OF INFORMATION AT USER’S REQUEST

BillyGuard is intended to be a permanent record of Bullying, including incidents which have been fully resolved. In order to maintain a complete record, information posted on BillyGuard, subject to the Terms outlined herein, will not be removed. If there is agreement between  all parties involved however, upon payment of a small fee the incident will be archived.

6. PROPRIETARY RIGHTS/GRANT OF EXCLUSIVE RIGHTS & LICENSE BACK

By posting information or content to BillyGuard, you automatically grant, and you represent and warrant that you have the right to grant, to BillyGuard an irrevocable, perpetual, fully-paid, worldwide exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

7. DISCLOSURE OF INFORMATION SUPPLIED BY YOU

Except as provided otherwise in its Privacy Policy, or the Terms stated herein, BillyGuard will keep making efforts to keep confidential all information supplied by you to BillyGuard and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.

Notwithstanding the foregoing, from time to time, BillyGuard may receive subpoenas seeking the identity of a BillyGuard user. Upon receiving notice of such a subpoena, BillyGuard may object to the disclosure unless and/or until a court determines that the standards set forth in Mobilisa v. Doe, 217 Ariz. 103, 170 P.3d 712 (App. 2007) have been met. Similarly, it may forward a copy of the subpoena to you at the email address you provided in your account registration so that you may take action on your own behalf. In the event you fail to respond to our e-mail and/or you otherwise fail to timely object to the subpoena or make other arrangements with the requesting party, BillyGuard may, without notice, comply with the subpoena which may disclose your identity without incurring any liability to you.

In its sole discretion, BillyGuard may also disclose your identity to any federal, state, or local law enforcement agency for the limited purpose of allowing such agencies to contact potential victims of unlawful acts.

You further agree and understand that in order to facilitate the resolution of complaints, BillyGuard may disclose your identity to any company who joins our global legal approach for resolution with service and platform providers.  You further agree to release and hold BillyGuard harmless from any claims relating to the allegation that BillyGuard disclosed your identity pursuant to these Terms and conditions.

8. REGISTRATION AND SECURITY

Being exposed to advertising is a condition of accessing BillyGuard.

Because the website may contain links to third-party internet sites, resources and advertisers that are outside of BillyGuard, and because BillyGuard is not responsible for the availability of any of these third-party sources, you should direct any concerns with such external links directly to such site, resource or advertiser.

As part of the registration or account creation process you will be required to create login credentials by selecting a password and providing an email address. You have the option of providing additional information such as your name, phone number and address. Your registration with BillyGuard is for your sole, personal use. You may not authorize others to use your user identification and password, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of your password.

You must be 14 years or older to subscribe to all parts of this website including signing up for any emails such as newsletters and the like. For more information please read our Privacy Policy.

9. DISCLAIMER OF WARRANTY

BillyGuard provides BillyGuard on an “as is” basis and grants no warranties of any kind, express, implied, statutory, in connection with BillyGuard or in connection with any communication with BillyGuard or its representatives, or otherwise with respect to BillyGuard. BillyGuard specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. BillyGuard does not warrant that Billy Guard’s connection to the internet will be secure, uninterrupted, always available, error-free, will meet your requirements, or that any defects in or on BillyGuard will be corrected.

10. LIMITATION OF LIABILITY

In no event will BillyGuard be liable: (i) to you for any incidental, consequential, or indirect damages arising out of the use of or inability to use BillyGuard, even if BillyGuard or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. In addition, BillyGuard disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or “hackers”) of BillyGuard.

11. STATE BY STATE VARIATIONS

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

12. ARBITRATION OF CLAIMS

Pursuant to A.R.S. §§ 12-133(D) and 12-1501, any and all claims arising from or relating to the performance, alleged breach, termination, interpretation, operation or validity of this Agreement shall be subject to binding arbitration. Arbitration of claims pursuant to this section shall take place in Phoenix, Arizona before the American Arbitration Association in accordance with its Commercial Arbitration Rules, or before any other mutually agreed arbitrator or arbitral entity. The costs of arbitration, including the arbitrator’s fees, shall initially be paid equally by both parties, subject to reallocation by the arbitrator’s final award. The party prevailing in arbitration shall be entitled to its reasonable attorney’s fees and costs as part of the award. Judgment on the arbitration award may be entered in any court in any legal or judicial jurisdiction thereof pursuant to A.R.S. § 12-1511.

13. CHOICE OF LAW, VENUE, WAIVER OF JURY TRIAL

This Agreement shall be exclusively governed by and construed in accordance with, and you exclusively and irrevocably attorns to, and agrees to apply, the laws of the State of New South Wales and the federal laws which may be applicable herein (regardless of conflict of law principles) to the exclusion of all other laws in any jurisdiction or country. You understand and agree: (i) should any event arise wherein the Arbitration of Claims clause is rendered invalid or is otherwise found to not be applicable or available, you agree that that any action or other legal proceeding relating to this Agreement, or your use of BillyGuard, shall be brought exclusively in any court of competent jurisdiction located in Sydney, New South Wales, Australia, and for that purpose you now irrevocably and unconditionally agree and submit to the jurisdiction of such New South Wales Court; (ii) that you irrevocably waive any right to, and will not, oppose any such New South Wales Court action or proceeding on any jurisdictional basis, including forum non conveniens; (iii) you will not take the position that another state or country is the appropriate forum for such proceeding, and will not initiate, commence, or continue such proceedings in another state or country; (iv) you will not oppose the enforcement against you in any other jurisdiction of any judgment or order duly obtained from a New South Wales Court as contemplated by this section; and (v) you specifically agree that neither this Agreement nor any performance thereunder in any way constitutes the conducting of business by BillyGuard in any location other than Sydney, New South Wales and indeed agree that BillyGuard is not carrying on business in any jurisdiction other than the state of New South Wales. You irrevocably waive any and all rights that you may have to a trial of such proceedings by way of a jury in any judicial proceeding involving any claim in any way relating to this Agreement and your use of BillyGuard and agree to waive personal service of process and consents that service of process upon you may be made by Certified or Registered mail, return receipt, or by an internationally recognized bonded courier company at the address provided by you in your user account registration, if applicable. If that fails, or an address is not provided, you agree that service may be made upon you by the email address you used to register for a user account.

14. GENERAL PROVISIONS

The failure of BillyGuard to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of BillyGuard or You to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement, including the Privacy Policy which has been incorporated by reference, as accepted upon use and/or upon registering for a BillyGuard User Account, contains the entire agreement between you and BillyGuard regarding the use of BillyGuard. Unless otherwise explicitly stated, the Terms will survive termination of your use of BillyGuard or your registration with BillyGuard. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Last updated: 21/01/2020