Terms of Use – bower(knowledge)
Terms of Use – bower(knowledge)
1. Introduction
Bower Place Pty Ltd (“Bower Place”) provides a subscription knowledge portal service that allows members to access professional development in various forms including but not limited to live presentations and workshops, recorded presentations and workshops, other video content, written information, diagrams, and pictures.
These Terms of Use govern your use of our service. As used in these Terms of Use, “bower(knowledge)”, “our service” or “the service” means the service provided by Bower Place for professional development, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our service. https://bowerplace.com.au/education-training/bowerknowledge/
Disclaimer. The content of this website includes material and resources for educational and training purposes only and is not professional advice. To be used at users own discretion.
A. ‘Payment Method” means a current, valid, accepted method of payment
B. ‘Service or The Service’ means the service provided by Bower Place Pty Ltd for professional development.
C. ‘Intellectual Property’ means tall exclusive property including literary works, educational and training resources in hard copy and on line the property of Bower Place.
D. ‘Copyright’ means the exclusive rights awarded to Bower Place owner of all literary works, educational and training manuals in hardcopy, online and via website.
2. Membership
2.1 Your bower(knowledge) membership will continue until terminated. To use the service you must have Internet access and a device, provide Bower Place with bower (knowledge) one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party such as an Employer. Unless you cancel your membership before your subscription renewal date, you authorize us to charge the membership fee for the next annual billing cycle to your Payment Method (see “Cancellation” below).
2.2 We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your bower (knowledge) membership by visiting our website and clicking on the “Account” link available at the top of the pages under your profile name.
3. Promotional Offers.
We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Bower Place at its sole discretion and we reserve the right to revoke an Offer, put your account on hold in the event that we determine you are not eligible. Bower(knowledge) existing members with a recent bower(knowledge) membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent bower(knowledge) membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you
4. Billing and Cancellation
4.1 Billing Cycle.
The membership fee for the bower(knowledge) service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the “Subscription” page. The length of your billing cycle is a minimum of one year. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register. If you signed up for bower(knowledge) using your account with a third party as a Payment Method, you can find the billing information about your bower(knowledge) membership by visiting your account with the applicable third party.
4.2 Payment Methods.
To use the bower(knowledge) service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, late payment fees + interest may be incurred or otherwise, with billing months on your annual subscription remaining, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Service fee charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
4.3 Updating your Payment Methods.
You can update your Payment Methods by going to the “My Account” page then “Payment Methods”.
4.4 Cancellation.
You can cancel your bower(knowledge) membership at any time, although a minimum subscription cycle is 12 months. You will continue to have access to the bower(knowledge) service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial membership periods or unused or unwatched bower(knowledge) content. To cancel, go to the “My Account” then select the “Subscriptions” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current fixed billing period. To see when your account will close, click “Subscription” on the “My Account” page.
4.5 Changes to the Price and Subscription Plans.
We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
5. bower(knowledge) Service
5.1 You must be at least 18 years of age to become a member of the bower(knowledge) service. Minors may only use the service under the supervision of an adult.
5.2 The bower(knowledge) service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals or third party’s. During your bower(knowledge) membership we grant you a limited, non-exclusive, non-transferable right to access the bower(knowledge) service and view bower(knowledge) content. Except for the foregoing, intellectual property, no right, title, or interest shall be transferred to you. You agree not to use the service for public and professional purposes.
5.3 The bower(knowledge) service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features, and availability of bower(knowledge) content.
5.4 You agree to use the bower(knowledge) service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein.
5.5 You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the bower(knowledge) service.;
5.6 You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the bower(knowledge) service; use any robot, spider, scraper or other automated means to access the bower(knowledge) service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the bower(knowledge) service; insert any code or product or manipulate the content of the bower(knowledge) service in any way; or use any data mining, data gathering or extraction method.
5.7 In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the bower(knowledge) service, including any software viruses or any other computer code, files or programs.
5.8 The quality of the display of the bower(knowledge) content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. We recommend a fast connection for improved video quality. Please check with your Internet provider for information on possible Internet data usage charges;
5.9 We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
6. Passwords and Account Access
The member who created the bower(knowledge) account and whose Payment Method is charged (the “Account Owner”) is responsible for any activity that occurs through the bower(knowledge) account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the bower(knowledge) ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. We recommend setting up Multi-factor Authentication (MFA) a security measure that requires two or more proofs of identity to grant access. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.
7. Warranties and Limitations on Liability.
The bower(knowledge) service is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect, and consequential damages against us. These terms will not limit any non-waivable warranties or mandatory consumer protection rights that apply to you.
8. Force Majeure
You agree we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event means any act, event, non-happening, omission or accident beyond our reasonable control. We will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which obligations may be met despite the Force Majeure Event.
9. Miscellaneous
9.1 Governing Law.
These Terms of Use shall be governed by and construed in accordance with the laws of Australia.
9.2 Unsolicited Materials.
Bower Place does not accept unsolicited materials or ideas for bower(knowledge)content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to bower(knowledge).
9.3 Customer Support.
To find more information about our service and its features or if you need assistance with your account, please visit the Bower Place website or contact the Bower Place administration team. In the event of any conflict between these Terms of Use and information provided by Bower Place or other portions of our website, these Terms of Use will control.
9.4 Survival.
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
9.5 Changes to Terms of Use and Assignment.
Bower Place may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
9.6 Electronic Communications.
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
9.7 Cyber Security
We will manage risk keep your business and personal data secure and confidential and all our online educational and training resources in accordance to Australian cyber security visit website cyber.gov.au
10. Privacy and Confidentiality
© Copyright Bower Place Pty Ltd (1986 – 2021).
10.1 bower(note), bower(method) and their derivatives are the creation of Bower Place Pty Ltd, premised upon an original algorithm [BPPL-MKR-1986-20] for service delivery and therapeutic practice.
10.2 Access and/or Tier Knowledge Builder, Advanced and Corporate Licensing subscription does not confer any use, reproduction, or distribution rights of bower(note), bower(method) [BPPL-MKR-19862020] or any of its derivatives.
10.3 For permission to use bower(note) and/or bower(method) or any of its derivatives, please contact Bower Place.
10.4 Corporate Licensing subscribers are bound by the applicable contracted licencing agreement.
10.5 The bower(knowledge) portal and Bower Place website contains legally privileged information and copyright material of Bower Place Pty Ltd.
10.6 Bower Place Pty Ltd. owns the intellectual property rights in the contents of our services inclusive of our online content and services. You must not use, communicate, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of the content of any services, including our online services in whole or in part, except as expressly authorised by us.
10.7 No part of our content inclusive of bower(knowledge) and the Bower Place website may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission from Bower Place.
10.8 Except as otherwise expressly granted to you in writing, Bower Place do not grant you any other express or implied right or license to our services and content or our intellectual property.
10.9 You understand that any unauthorised copying or use may constitute a breach of the Copyright Act 1968 (Cth) (as amended from time to time).
11. Data Security
We are committed to ensuring the confidentiality, security, and integrity of the personal information we collect, use and disclose. We will take all reasonable steps to ensure that any personal information collected is relevant to the purpose for which it is was collected, is accurate, up to date and complete. We will store securely all records containing personal information and take all reasonable security measures to protect personal information we hold from misuse, interference, loss, unauthorised access, modification, or disclosure. Where we have no further use for personal information for any purpose disclosed by us, or is no longer required to maintain that personal information, all reasonable steps will be taken to destroy or de-identify the information.
Last Updated: 28th October 2021
