SIB – Social Interactive Bee

User Agreement

1. INTRODUCTION

1.1 Overview

Welcome to SIB - Social Interactive Bee ("SIB", "we", "our", or "us"). These Terms of Use ("Terms") govern your access to and use of our websites, services, applications, and all related offerings (collectively, the "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

Important notice: These terms apply to SIB – Social Interactive Bee and all its subsidiary companies or businesses, including those owned and/or managed by SIB, except where separate terms are provided. In cases where such separate terms exist but do not address certain aspects covered by this agreement, the terms of this agreement shall apply.

Transaction Information: SIB collects payments on behalf of other platforms and websites it manages. If you see a credit card charge, direct debit, or any other transaction from “SIB – Social Interactive Bee,” it is most likely due to a purchase or payment made on one of the websites, apps, or platforms operated or managed by SIB. If you have any questions or concerns about the transaction, please reach out to us through our “Contact Us” page or email us directly at [email protected].

1.2 Acceptance of Terms

By creating an account, purchasing services, or otherwise explicitly agreeing to these Terms (such as clicking ‘I agree’ at registration), or simply by using the Services, you acknowledge that you have read and accepted these Terms, and you also confirm that:

•You are at least 18 years of age and possess the legal capacity to enter into a binding agreement.

•You will comply with all applicable local, state, and international laws regarding your use of the Services.

•You have read, understood, and accept these Terms, which may be amended from time to time.

1.3 Purpose

These Terms establish a legally binding contract between you and SIB regarding the use of our Services. They outline your rights and obligations when using the Services and provide important information about SIB's practices and policies.

1.4 Scope of Services

SIB provides a variety of online services that include, but are not limited to:

•Digital marketing consulting,

•E-commerce solutions,

•Development and management of digital businesses,

•Content creation and publishing services.

The Services are designed to help businesses and individuals thrive in specialized markets by providing innovative solutions tailored to their needs.

1.5 Changes to Terms

SIB reserves the right to modify or replace these Terms at any time. Changes will take effect immediately upon posting on our website or within our Services. Your continued use of the Services following any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically to stay informed about any updates.

2. MODIFICATIONS TO TERMS

2.1 Requirement for Review

SIB reserves the right to modify these Terms at any time to reflect changes in applicable laws, regulations, or operational procedures. Modifications may also result from the introduction of new Services, changes in existing Services, or to enhance user experience.

2.2 Notification of Changes

When changes are made to these Terms, SIB will make a reasonable effort to notify users by providing a notice on our website or via email, detailing significant changes. However, it is your responsibility to review these Terms regularly to ensure you are aware of any updates.

2.3 Acceptance of Changes

Your continued use of the Services after the posting of modified Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must cease using our Services immediately.

2.4 Severability of Amendments

If any provision of these amended Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be deemed modified to the minimum extent necessary to make it enforceable, and consistent with the intent of these Terms.

2.5 Language

These Terms and any modifications are provided in English. Any translations are for convenience only; in the event of a conflict, the English version shall prevail.

3. DEFINITIONS

For clarity and to promote a mutual understanding of our Services, the following definitions apply throughout these Terms:

3.1 "User" or "You"

Refers to any individual or entity that accesses or uses SIB's Services, including but not limited to consumers, businesses, and organizations.

3.2 "Services"

Encompasses all products, including the creation, implementation, management, and maintenance of offerings, websites, applications, features, resources, or functionalities provided by SIB, including digital marketing consulting, e-commerce solutions, and content creation services.

3.3 "Content"

Refers to all forms of communication, including text, graphics, images, audio, and video, that are uploaded, posted, or otherwise provided through the Services by SIB or Users.

3.4 "User-Generated Content"

Represents any Content uploaded, submitted, contributed, or otherwise made available by Users within the Services. This includes any feedback, testimonials, and interactive elements such as comments or forums.

3.5 "Membership"

Refers to the access level or subscription status required to utilize specific features or Services offered by SIB. Membership may involve different tiers that provide varying benefits.

3.6 "Account"

Refers to the profile created by Users in order to access certain Services. An Account contains personal information, preferences, and details required for identification and authentication.

3.7 "Third-Party Services"

Covers any external applications, websites, or services that are not owned or controlled by SIB but may be linked to or integrated within the Services.

3.8 "Agreement"

Refers collectively to these Terms, any additional policies referenced herein, and any applicable agreements governing specific Services.

4. ELIGIBILITY

4.1 Age Requirement

To use the Services, you must be at least 18 years old, or the age of majority in your jurisdiction, whichever is greater. By accessing or using the Services, you represent and warrant that you meet this eligibility requirement. If you are using the Services on behalf of an entity, you further represent that you have the authority to bind that entity to these Terms.

4.2 User Account Registration

In order to access certain features of the Services, you must register for an Account. As part of the registration process, you will be required to provide accurate and complete information, including but not limited to your name, email address, and any other requested information. You agree to keep this information up to date and ensure it remains accurate.

4.3 Account Security

You are responsible for maintaining the confidentiality of your Account credentials, including your password. You agree to notify SIB immediately of any unauthorized use of your Account or any other breach of security. SIB will not be liable for any loss or damage arising from your failure to comply with these obligations.

4.4 Prohibition of Unauthorized Use

By creating an Account and using the Services, you agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. You are prohibited from using another person’s Account without the permission of that person.

4.5 Termination of Account and Services

SIB reserves the right to suspend or terminate your access to the Services and your Account at its sole discretion, without prior notice or liability, for any reason, including if you violate these Terms or engage in conduct that SIB deems inappropriate or harmful.

5. USER OBLIGATIONS

5.1 Compliance with Laws

You agree to use the Services in compliance with all applicable laws, regulations, and ordinances. You will not use the Services for any unlawful purpose or in a manner that violates these Terms.

5.2 User Conduct

When using the Services, you agree to:

•Act with respect and integrity toward other Users and SIB.

•Not engage in any form of harassment, abuse, or disruptive conduct.

•Not upload, post, or distribute any Content that is illegal, defamatory, obscene, or otherwise

objectionable.

•Not engage in any activity that may compromise the security, reliability, or performance of

the Services.

5.3 Responsibility for User-Generated Content

You are solely responsible for the User-Generated Content you submit through the Services. By submitting such Content, you grant SIB a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, publish, and distribute your Content in connection with the Services and SIB's promotional activities.

5.4 Prohibited Activities

You agree not to:

•Use automated systems or software to extract data or Content from the Services without SIB's express permission.

•Attempt to gain unauthorized access to any portion of the Services, other accounts, or any proprietary systems or networks connected to the Services.

•Use the Services for any commercial purpose without the prior written consent of SIB.

5.5 Reporting Violations

If you become aware of any violation of these Terms or inappropriate conduct while using the Services, you are encouraged to report it to SIB through the contact information provided on our website.

6. INTELLECTUAL PROPERTY

6.1 Ownership of Intellectual Property

All Content, trademarks, service marks, and other intellectual property rights associated with the Services are owned or licensed by SIB. This includes, but is not limited to, logos, designs, text, software, databases, and any other materials made available through the Services. You acknowledge and agree that you do not acquire any ownership rights or proprietary interests in any Content or intellectual property by accessing or using the Services.

6.2 User Licenses

Subject to your compliance with these Terms, SIB grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal or internal business purposes. This license does not allow you to reproduce, modify, distribute, publicly display, or create derivative works based on the Services without SIB's express written permission.

6.3 User-Generated Content License

By submitting User-Generated Content to the Services, you grant SIB a perpetual, non-exclusive, royalty-free, worldwide license to use, copy, modify, adapt, publish, and distribute such Content. This license allows SIB to promote and enhance its Services while retaining ownership of its intellectual property.

6.4 Infringement Claims

If you believe that any Content infringes your intellectual property rights, you are encouraged to notify SIB immediately, providing the necessary details to investigate the claim. SIB will respond promptly to all reported claims of infringement according to applicable laws.

6.5 Third-Party Intellectual Property

The Services may include links to or integrations with Third-Party Services. SIB does not own or control these services or their content. You acknowledge and agree that SIB is not responsible for the availability, accuracy, or suitability of any third-party content or services, and your use of such services is at your own risk.

7. PAYMENT TERMS

7.1 Pricing and Fees

By using the Services, you agree to pay all applicable fees associated with your Membership, Services, and/or Products purchased. Pricing might be tailored in a case-by-case condition specific to the client's needs. Pricing for these Services will be clearly communicated at the time of purchase. All fees are quoted in Australian dollars (AUD) and are subject to change at any time, with prior notice given to Users.

7.2 Payment Methods

Payments can be made through various methods accepted by SIB, including credit cards, debit cards, or other payment processing platforms. Please consult SIB for other payment methods. By providing your payment information, you consent to SIB charging the selected payment method for the services rendered.

7.3 Billing Cycle

Your Membership may have a specific billing cycle (monthly, annually, etc.) as specified during the registration or purchase process. You are responsible for ensuring timely payment for all fees incurred during the billing cycle.

7.4 Cancellation and Refund Policy

You may cancel your Membership at any time through your Account settings. Upon cancellation, you will continue to have access to the Services until the end of the current billing cycle. Refunds will not be issued for unused membership periods, except where required by Australian Consumer Law. If you believe a service was not delivered as promised, you may request a refund in accordance with our refund policy.

7.5 Late Payments

If your payment is not received by the due date, SIB reserves the right to suspend or terminate your access to the Services until all outstanding amounts are paid in full.

7.6 Taxes

All fees are inclusive of GST. You are responsible for paying any other taxes that may be applicable based on your jurisdiction, including but not limited to importing fees.

8. DISCLAIMER OF WARRANTIES

8.1 General Disclaimer

The Services are provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or title. SIB does not guarantee that the Services will be uninterrupted, secure, or free from errors.

8.2 No Endorsement

SIB does not warrant or make any representations regarding the use or results of the use of the Services or any content therein. Any reliance you place on such information is therefore strictly at your own risk.

8.3 Third-Party Services

The Services may contain links to other websites, applications, or services ("Third-Party Services"). SIB is not responsible for the content, privacy policies, or practices of any Third-Party Services. You acknowledge and agree that SIB shall not be liable, directly or indirectly, for any damages or loss incurred as a result of your use of or reliance on any such Third-Party Services.

8.4 Limitation of Liability

Nothing in these Terms excludes or limits our liability where such limitation is prohibited under Australian Consumer Law. However, to the maximum extent permitted by law, SIB shall not be liable for indirect or consequential damages.

9. INDEMNIFICATION

9.1 User Indemnification

You agree to indemnify, defend, and hold harmless SIB, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or in any way connected with:

•Your access to or use of the Services.

•Your violation of these Terms.

•Your infringement of any intellectual property or other rights of any person or entity.

•Except where SIB is found to be primarily responsible for the claim.

9.2 Duty to Cooperate

In the event of a claim for which you are required to indemnify SIB, you agree to cooperate with SIB in the defense of such claim, including providing SIB with all necessary information and assistance. SIB reserves the right to assume exclusive control over the defence of any claim for which you are required to indemnify SIB.

9.3 Legal Costs

You acknowledge that SIB shall have the right to assess any amounts you owe under this indemnification provision on an ongoing basis, and you will be responsible for any legal costs incurred by SIB to enforce this indemnification agreement.

10. TERMINATION

10.1 Termination by SIB

SIB reserves the right, at its sole discretion, to terminate or suspend your access to the Services, with or without notice, for any reason, including but not limited to:

•Violation of these Terms.

•Engaging in conduct that is illegal, harmful, or disruptive to the Services or other users.

•Failure to pay any fees owed to SIB.

10.2 Termination by the User

You may terminate your Membership at any time by accessing your Account settings and following the cancellation procedures. Upon termination, you will continue to have access to the Services until the end of the current billing cycle, and no refunds will be issued for any unused portion of the Membership or Services.

10.3 Effects of Termination

Upon termination of your access to the Services, you must cease all use of the Services and destroy any copies of Content obtained through the Services. Any obligations that may have accrued prior to termination, including payment obligations, shall survive termination.

10.4 Survival

The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, indemnification, limitations of liability, and dispute resolution.

11. DISPUTE RESOLUTION

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Northern Territory, Australia, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located within Darwin, Australia, for the resolution of any disputes arising out of or relating to these Terms or the Services.

11.2 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any disputes informally by contacting SIB. A representative will work with you to resolve the issue through good-faith discussions.

11.3 Arbitration

If the dispute cannot be resolved informally within thirty (30) days of your initial contact, you agree to resolve any claim, dispute, or controversy arising out of or related to these Terms or the Services through binding arbitration conducted in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration will take place in Darwin, Australia, and will be conducted in English.

11.4 No Class Action

You agree that any arbitration will be conducted on an individual basis and not on behalf of any class or representative actions. You waive any right to a jury trial or to participate in a class action.

11.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from any court of competent jurisdiction to protect its intellectual property or confidential information.

12. MISCELLANEOUS

12.1 Entire Agreement

These Terms, along with the Privacy Policy and any other policies or agreements that may be referenced herein, constitute the entire agreement between you and SIB concerning the Services and supersede all prior agreements and understandings, whether written or oral, regarding the subject matter herein.

12.2 Amendments

SIB reserves the right to modify these Terms at any time. Any changes will be effective immediately upon being posted on the Services. Your continued use of the Services after any changes to these Terms constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

12.3 Waiver

The failure of SIB to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any term of these Terms will be considered a waiver only if in writing and signed by an authorized representative of SIB.

12.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed amended to the minimum extent necessary to make it valid and enforceable.

12.5 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of SIB. SIB may assign these Terms or any of its rights or obligations to any third party without restriction.

12.6 Force Majeure

SIB shall not be liable for any delay or failure to perform its obligations under these Terms if such delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, government actions, labour strikes, or shortages.

13. CONTACT INFORMATION

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at:

SIB - Social Interactive Bee

ABN: 34385758395

Darwin, NT - Australia

Email: [email protected]