Plain-English Summary
By using the BowerNest website, you agree to follow these rules. You must be at least 16 years old (with parental consent if under 18). You are responsible for keeping your account details safe and for making sure the information you provide is accurate. We may update the website or these terms from time to time, and we will let you know about significant changes. Australian law (specifically New South Wales law) applies to your use of the Service.
1. Purpose
These Terms of Use govern access to and use of the BowerNest website and platform (the "Service"), operated by BowerNest Australia Pty Ltd (ABN 94 690 107 601) ("BowerNest", "we", "us", or "our"). These terms establish the legal relationship between BowerNest and any person who accesses or uses the Service ("you" or "User").
2. Scope
These Terms apply to all visitors, users, and participants who access the BowerNest website at www.bowernest.com.au or any associated subdomains, applications, or services provided by BowerNest.
3. Definitions
| Term | Definition |
|---|---|
| Service | The BowerNest website, platform, and all associated features, tools, and content |
| User | Any individual who accesses or uses the Service, including visitors, registered users, and pilot participants |
| Content | All text, images, data, information, software, and other materials available through the Service |
| User Content | Any information, data, or materials submitted by a User through the Service |
| Pilot Program | The BowerNest early access program for apprentices and employers in New South Wales |
4. Acceptance of Terms
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, our Privacy Policy, and all other policies referenced herein. If you do not agree to these Terms, you must not access or use the Service.
5. Eligibility
To use the Service, you must be at least 16 years of age. If you are under 18 years of age, you represent that you have the consent of a parent or legal guardian to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.
6. Account Registration
Certain features of the Service may require you to register an account or submit information through a registration form. When registering, you agree to:
- provide accurate, current, and complete information as requested;
- maintain and promptly update your information to keep it accurate, current, and complete;
- maintain the confidentiality of any account credentials;
- accept responsibility for all activities that occur under your account; and
- notify BowerNest immediately of any unauthorised use of your account.
7. Use of the Service
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service in any way that:
- violates any applicable Commonwealth, State, or Territory law or regulation;
- infringes the rights of any third party;
- is fraudulent, misleading, or deceptive;
- could damage, disable, overburden, or impair the Service; or
- interferes with any other party's use of the Service.
8. Modifications to the Service
BowerNest reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify Users of material changes. BowerNest shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
9. Modifications to Terms
BowerNest may revise these Terms at any time by updating this page. The date of the most recent revision will be indicated at the top of this page. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
10. Third-Party Links
The Service may contain links to third-party websites or services that are not owned or controlled by BowerNest. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that BowerNest shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes arising out of or relating to these Terms or the Service.
12. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
13. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or policies published by BowerNest on the Service, constitute the entire agreement between you and BowerNest regarding your use of the Service.
This policy is part of the BowerNest Legal Policy Framework (Version 1.0). If you have questions about this policy, please contact us at [email protected]. This document should be reviewed by qualified legal counsel before reliance.