TERMS AND CONDITIONS
BILLIE THE PIG (Last updated October 31 2021)
Bloody Clever Australians Pty Ltd (ABN 156 151 03681) of PO Box 748, Narrabeen, NSW 2101, Australia trading as Billie the Pig Productions (‘Billie’) provides usage and access to this website http://www.billiethepig.com.au together with all related relevant domains (the “Website”) subject to the following provisions (the “Terms and Conditions”).
Please read and consider these Terms and Conditions carefully, as they detail your agreement with Billie The Pig Productions whether as a visitor (“Visitor”) or registered, paid licencee (“Licence”) of the Website (with Visitors and Licencee collectively referred to as “you”, “your” and/or “User/s”).
Before continuing, please note that Visitors to the Website are granted limited free access to the Website and trial content featured on the Website for the purposes of deciding whether to become a Licencee, but are still required to comply with these Terms and Conditions where relevant.
If you become a Licencee, you will be able to access various storytelling segments from our library of Australian stories read by Australian voices, accompanied by other materials.
For further information regarding the different kinds of Licence categories available through the Website and the associated fees, see our Pricing page.
On the above understanding, it is hereby agreed between you and Bloody Clever Australians trading as Billie The Pig Productions that:
1. ACCEPTANCE OF TERMS AND CONDITIONS:
- By accessing or using this Website and its storytelling segments, role play content and information (the “Content”) and/or registering as a Licencee of Billie The Pig Productions, you accept these Terms and Conditions and acknowledge and agree that you are entering into a legally binding contract with Billie The Pig Productions.
- The term of these Terms and Conditions shall commence at the time you acknowledge your acceptance of these Terms and Conditions in accordance with Section 1) (a) above and/or register as a Licencee of the Website, and shall continue unless cancelled or terminated by either you or Billie The Pig Productions in accordance with the provisions of these Terms and Conditions (the “Term”).
- You acknowledge that when you register as a Licencee, you will be required to provide relevant personal information to ensure that your secure access to the correct Licence category via Billie The Pig Productions online sign-up form (the “Specified Information”) and you agree to provide full, complete and accurate Specified Information, as required by Billie The Pig Productions.
- The rules and conditions detailed on the Website, including without limitation on our Pricing page will form part of these Terms and Conditions, and Users shall at all times uphold any requirements listed therein.
2. TRIAL PERIOD:
- Billie The Pig Productions may offer Visitors “trial periods” for an applicable period, determined at the sole discretion of Billie The Pig Productions, for little or no charge.
- The User’s use of the Website during any trial period will be governed by these Terms and Conditions as if the User was a Licencee as prescribed by these Terms and Conditions.
3. ANNUAL LICENSE AND BENEFITS:
- Visitors will have limited access to the Website and the Content, with access (if any) to be determined wholly at the discretion of Billie The Pig Productions.
- Licences will have access to the Website and the Content, with the nature of access to be determined according to the type of Licence purchased.
- There are a variety of different Licence categories and fee structures that apply to use of the Website and Content, depending on whether you are applying for a:
- Single Use Family Home Licence – personal use by one account holder, where use is not in an educational setting (“Family Home Licence”);
- Single Use Classroom Licence – use by an individual in a classroom or educational setting (“Classroom Licence”);
- Whole of School and Early Childhood Licence – use by multiple account holders on a singular site in a classroom or educational setting (“School/EC Licence”);
- Multiple use Public Library Licence – use by multiple account holders in a library setting or otherwise in a non-educational setting (“Public Library”).
- The price of an annual Licence will vary depending on the type of Licencee you are.
- If you purchased a School/EC Licence, the price of your Licence will be set at a maximum annual fee regardless of school size.
- If you are a Public Library Licencee, the price of your Licence will be calculated on the population of the area that the Public Library services (including the populations of any associate entities, subsidiaries or affiliate organisations if such entities are included in the Licencee).
- All Licences will have access to stream and view the Content via the Website for personal purposes during the Term of the Subscription.
- School/EC Licences will be entitled to use the Website for non-commercial educational purposes during the Term of the Subscription.
- Subscribers agree to only access the Website and Content for the purposes prescribed by the Licence category for which they have registered or have authorised access. If a Licencee wishes to use the Website or Content for a purpose outside of their Licenced category or authorised access, they must register separately for the relevant Licence category that permits their intended use (if any).
- Licences agree that their Licence application may be verified by Billie the Pig Productions or its Representatives from time to time, to ensure that they are valid and for Home, Classroom, Whole School/EC or Public Library that they have paid an annual fee to access content.
4. CLASSROOM, WHOLE SCHOOL/EC, AND PUBLIC LIBRARY LICENCE:
- If you are registering for or on behalf of an organisation or entity with multiple campuses, branches, affiliates or subsidiaries, including without limitation, early childhood centres, kindergartens or pre-schools, the rights of the Licence only extend to the nominated and expressly approved classroom or school.
- If you are registering as a Public Library, then the rights of the Licencee do extend to its members and subscribers strictly for their personal use by validly accessing the Licence within the library or privately, but do not extend to associate entities, subsidiaries or affiliate organisations, unless requested by the Licencee and approved by Billie The Pig Productions. The Licencee must promptly update Billie The Pig Productions about any updates or changes to the associate entities, subsidiaries or affiliate organisations to which a Licence extends.
- Subject to (d) below, if you are registering a Licencee for or on behalf of a peak organisation, industry body or government or departmental organisation, then the rights of that Licencee do not extend to its members, subscribers, associates, subsidiaries or affiliate organisations, unless requested by the Licencee and approved by Billie The Pig Productions. The Licencee must promptly update Billie The Pig Productions about any updates or changes to the organisation, body or department to which a Licence extends.
- In the instance that a Licencee does not specify the relevant school, campus, branch, public library or entity to which the rights conferred by their Licence apply, Billie The Pig Productions shall, at its sole discretion, be entitled to determine the extent of the Licence conferred by these Terms and Conditions, and/or immediately terminate, suspend or restrict the Licence of the relevant Licencee.
- Registration as a Public Library is only available for recreational use on a personal basis (meaning that usage will be limited to personal use by public library members within the public library).
- Public Library Licences and School/EC Licences acknowledge and agree that Billie The Pig Productions may not directly manage their Licence, and that an authorised representative (“Representative”) may manage Licences on behalf of Billie The Pig Productions.
- If a Representatives changes from time to time, Billie The Pig Productions will notify Licences by, amongst other things, updating these Terms and Conditions.
- Public Library Subscribers acknowledge and agree that Billie The Pig Productions Representative will assume all entitlements and responsibilities of Billie The Pig Productions, as prescribed by these Terms and Conditions.
5. FAMILY HOME, CLASSROOM, EARLY CHILDHOOD OR WHOLE SCHOOL LICENCES:
- Registration as a Family Home Licencee is only available for use on a personal basis (meaning that usage will be limited to a family’s private home use).
- Registration for a Classroom licence is available for individuals only, for teaching or educational purposes (meaning that usage will be limited to educational use by one individual subscriber) for use in a school classroom or Early Childhood classroom only. For multiple teachers or multiple classroom usage, to access Content in an educational setting, Applicants must apply for an Early Childhood Centre or Whole School Licence.
- If you acknowledge and agree that if you are registering as a Whole School or Early Childhood Centre, you will be entitled to access the Website and the Content in an educational setting, but you will not be entitled to grant access to your License outside your nominated facility.
- Family, Classroom, Licences will not be able to concurrently login to the Website or access the Content from more than one location or device using the same Licencee details and password. For the avoidance of doubt, Users wishing to do so will be required to purchase a School/EC, or Public Library Licence.
- If you are registering on behalf of a school, company, library, organisation or any group, or you are a professional educator intending to use your Licence at an early childhood centre, or school you acknowledge and accept that you must register as a, School/EC, or Public Library Subscriber as appropriate.
6. LICENCE TERM AND CANCELLATION:
- Family, Classroom, Whole School/EC and Public Libraries Licences acknowledge and agree that their Licence will renew automatically, annually until the Licencee validly cancels or suspends the Licence by notifying Billie The Pig Productions or its Representatives as relevant.
- To cancel or suspend a Licence, Licencee must notify Billie The Pig Productions by logging into your online account and managing your Licence in Account Settings– Licence may be suspended and/or re-activated in Account Settings. Alternatively, Licencee may contact us for further assistance with suspending or cancelling a Licence (via email or post as per the details under the Contacting Us section).
- Cancellation or suspension will take effect at the beginning of the subsequent billing cycle.
- Licencee acknowledge and agree that Billie the Pig Productions will not refund any part of a Licence prior to cancellation or suspension taking effect in accordance with this section.
- School/EC, Public Library Licencee acknowledge and agree that you must opt out of automatic renewals. Or you may notify Billie The Pig Productions or the applicable Representative (if relevant) in writing if you wish to cancel your Licence at the end of the annual Licence term.
- You acknowledge and accept that Billie The Pig Productions may, from time to time, make certain storytelling segments and/or associated Content available for viewing at no cost, including to non-Licences of the Website.
- In consideration for your registration as a Licencee, use of the Website and access to the Content, you agree to pay Billie The Pig Productions (or its Representative, as relevant) the applicable fee as detailed on the Pricing (link to Billie pricing page) page of the Website (the “Fee”).
- Once paid, the Fee is non-refundable, unless a refund would be required by law. The Fee will be due and payable at the time you register as a Licencee of the Website and accept these Terms and Conditions.
- Billie The Pig Productions accepts payment for Licences online via Stripe accounts subject to Stripe’s terms and conditions (we are not responsible for any losses, claims, damages or consequences due to Stripe’s terms and conditions or for any interruptions or delays in Stripe’s services or facilities).
- By subscribing, you acknowledge that at the conclusion of each subscription period Billie The Pig Productions will be entitled to renew your Licence and charge a further annual Fee to your nominated account, unless you opt out or cancel your Licence prior to the conclusion of your Licence term.
- For any School/EC or Public Library Licence, the Fee will be due and payable to Billie The Pig Productions within thirty (30) days of us issuing you an invoice. Billie The Pig Productions accepts, direct deposit into our nominated bank account.
- Upon full receipt of the Fee and approval of your Licence application, Billie The Pig Productions will activate your Licence.
- Billie The Pig Productions may from time to time, at its absolute discretion, increase annual Licencee Fee by notification in writing to Licencee prior to Licence Renewal. Fee increase will be utilised to fund development and production to increase story library content.
- Billie The Pig Productions does not accept payment in arears.
Billie The Pig Productions is NOT REGISTERED for GST and the price per annual Licence is the full price exclusive of GST. If Billie The Pig Productions changes its GST status Licences will be notified of the change which will only affect Licence renewals.
9. PROHIBITED CONDUCT:
- You acknowledge and agree that under no circumstances will you (or any individual using your Licence) engage in any of the following conduct, all of which is strictly prohibited:
- use the Content for any purpose outside the terms of the licence provided under these Terms and Conditions;
- access the Website or the Content using a Licence that is not approved or permitted in that Licence category;
- download, copy, record, adapt, distribute or re-transmit any or all of the Website or the Content;
- use any data-mining, tracking technology, robots, code or similar data gathering or extraction methods on any part of the Website or in relation to the Content;
- manipulate or otherwise display the Website or Content by using framing or other similar navigational technology;
- infringe or breach any applicable laws or regulations in using or accessing the Website or the Content;
- make the Content available to more users than are permitted or contemplated under your particular Licence;
- use the Website or Content for any purpose other than its intended purpose, including, but not limited to, sale of access to the Website or Content; use of the Website or Content to gain advertising or subscription revenue; sale of advertising on the Website or any third-party website; use of the Website or Content for any non-approved commercial purpose; use of the Website, the Content, or related resources for the purposes of competing with Billie the Pig Productions;
- use the Website or Content for any purpose reasonably considered objectionable by Billie The Pig Productions, including, but not limited to, use of the Website for any obscene, discriminatory, abusive, violent, sexually explicit, defamatory, vilifying, prejudicial, inaccurate, or otherwise inappropriate purpose; or
- providing, linking or uploading material that contains any nudity, or any obscene, violent, harassing, sexually explicit, defamatory, offensive, vilifying, prejudicial, inaccurate, inappropriate or other objectionable subject matter.
- If you become aware of misuse of the Website by any person, please contact Billie The Pig Productions (via the Contacting Us section).
10. INTELLECTUAL PROPERTY:
- All Content, information and material, including, text, graphics, logos, audio and video recordings (including their underlying works), software and the Website are the intellectual property of Billie The Pig Productions, or have been properly licensed by Billie The Pig Productions for the purpose of operating the Website and Licence service. All such materials are protected by national and international laws of copyright, trade mark, design, moral rights and similar laws related to the protection of intellectual property.
- The rights in the name “Bloody Clever Australians and Billie The Pig Productions”, its logo, trademarks and all related intellectual property are owned and expressly reserved by Billie The Pig Productions.
- You acknowledge and accept that use of the Content and the Website is limited to the specific, limited usage provided under these Terms and Conditions and on the Website, which covers the private and educational transmission of the Content for approved purposes, and that notwithstanding this, you may still require separate licences covering the works and/or sound recordings, incorporated in and/or underlying the Content or on the Website.
- No Content, logo, trade mark, or copyright material belonging to Billie The Pig Productions or featured on the Website, whether registered or unregistered, may be used, reproduced or exploited in any way other than as expressly provided under these Terms and Conditions, without the prior express permission of Billie The Pig Productions.
- If you believe that any material on the Website infringes upon any copyright or any other intellectual property right that you own or control, please contact us at firstname.lastname@example.org
- The Licence agreement between you and Billie The Pig Productions will automatically renew until cancelled by you in writing via the Contact Us page. The Term will continue for an additional 12-month period. We will accept cancellations and refund licence fee in full if we are contacted with 30 days of the annual licence renewal date in writing.
- In the instance that you breach or fail to uphold any provision of these Terms and Conditions, Billie The Pig Productions reserves the right, at its sole discretion, to reject, refuse, revoke or otherwise limit your Licence or to restrict, suspend, or terminate your access to all or any part of the Website and/or the Content at any time, with or without prior notice, and without liability.
- Without limitation to Billie The Pig Productions general power of termination under section b) above, you acknowledge and agree that Billie The Pig Productions may without notice, discontinue (temporarily or permanently) the Website, Content or other services (or any part thereof), or terminate, revoke or otherwise limit your Licence at any time in the instance that:
- there is a discontinuance to the Billie The Pig Productions Website, Content or services;
- there is a material modification to the Billie The Pig Productions Website, Content or services;
- there is a technical or security issue or problem;
- you fail to provide the Specified Information, or you provide information that is incomplete, inaccurate or false;
- you fail to pay your Fees as and when they are due, either to Billie The Pig Productions or to the applicable Representative;
- you fail to verify your billing details within Billie The Pig Productions nominated timeframe (which may be required within twenty-four hours); or
- you are subject to an insolvency event such as winding up, dissolution, bankruptcy, arrangement, compromise with or assignment for the benefit of creditors, incapacity to pay debts as and when they fall due, appointment of a receiver and / or manager to any of your assets, or are otherwise insolvent within the meaning of the Corporations Act 2001 (Cth).
- Upon expiry, revocation, restriction or earlier termination of your agreement with Billie The Pig Productions or your access to the Website or the Content:
- your Subscription will automatically lapse;
- your access to the Content shall cease;
- your access to the Website or as a Visitor may be restricted, at Billie The Pig Productions discretion;
- Billie The Pig Productions shall be entitled to retain the Fee, to the extent permitted by law, without limiting their rights in relation to any potential breach of contract;
- you shall not reproduce, transmit, distribute or otherwise provide any third party with any of the Content you accessed during the Term; and
- this section as well as sections 10, 11, 13 and 14 will continue to operate after the Term.
- TO THE MAXIMUM EXTENT PERMITTED AT LAW: TO THE MAXIMUM EXTENT PERMITTED AT LAW:
- THE BILLIE THE PIG PRODUCTIONS WEBSITE, CONTENT AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE;
- WE MAKE NO WARRANTY THAT YOUR USE OF BILLIE THE PIG PRODUCTIONS WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, PRODUCE A SPECIFIC RESULT OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, AND WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE BILLIE THE PIG PRODUCTIONS SERVICES; AND
- YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK. BILLIE THE PIG PRODUCTIONS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM USE OF THE CONTENT OR THE WEBSITE, ANY USER CONTENT POSTED ON OR THROUGH THE WEBSITE, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE WHETHER ONLINE OR OFFLINE.
- Content, or any other material or information created and posted by Billie The Pig Productions or its Users may contain links to other websites. Billie The Pig Productions is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Billie The Pig Productions. Any linked website on the Website or within the Content does not imply approval or endorsement of the linked website by Billie The Pig Productions, and Billie The Pig Productions takes no responsibility for third party endorsements. When you access these third-party sites, you do so at your own risk.
- To the fullest extent permitted at law, Billie The Pig Productions assumes no responsibility for any error, omission, technical malfunction, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of the Content or the Website, including any injury or damage to Users or to their computer, mobile or other device related to or resulting from participation or downloading materials in connection with the Website or the Content.
- The Website is controlled and offered by Billie The Pig Productions from its facilities in Australia. Users who access or use the Website from other jurisdictions are responsible for complying with local laws. We will notify you if we know of any copyright restrictions on any of the Content, which may affect your access to that Content (if applicable).
To the fullest extent permitted at law, except where any loss, liability, claim or demand has been caused or contributed to by an unlawful or fraudulent act or omission by Billie The Pig Productions, you agree to indemnify and hold Billie The Pig Productions, its assigns, and their respective officers, agents, partners and employees, harmless from any claim, loss, damage, liability or demand, including without limitation, reasonable legal fees, arising from a claim by the holder of intellectual property rights in any work or subject matter in relation to your misuse of the Content or the Website, or on the basis that you did not hold appropriate permissions with respect to using materials incorporated in the Content or the Website.
14. LIMITATION ON LIABILITY:
- To the fullest extent permitted at law, in no event shall Billie The Pig Productions or any other person or entity involved in creating, developing or delivering the Website or Content be liable to you or any third party for any damages (including without limitation lost profit, indirect, consequential, exemplary, incidental, special or punitive damages) arising from your use or inability to access the Website or the Content, howsoever arising, even if Billie The Pig Productions, our licensors, our suppliers, or any third parties associated with the Website or Content have been advised of the possibility of such damages.
- Notwithstanding anything to the contrary contained herein, Billie The Pig Productions liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Billie The Pig Productions during the twelve (12) month period of your Licence prior to the liability arising.
- These Terms and Conditions may not be varied except in a further or updated written instrument provided by Billie The Pig Productions, on the Website or otherwise.
- The failure of Billie The Pig Productions to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
- The headings and section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
- You may not assign, transfer or otherwise sublicense your rights under these Terms and Conditions.
- Billie The Pig Productions reserves the right to amend these Terms and Conditions (together with the Fee and Subscription conditions) at any time and without notice. In such instance, Billie The Pig Productions will publish the revised Terms and Conditions on the Website. You acknowledge and agree that it is your responsibility to periodically check the Website to review any such changes.
- These Terms and Conditions shall operate to the fullest extent permissible at law. If any section or part of a section of these Terms and Conditions are determined to be unlawful, void or unenforceable, that section shall be deemed to be severable from these Terms and Conditions, and shall not be deemed to affect the validity and/or enforceability of any remaining provisions.
- hese Terms and Conditions shall be governed and interpreted in accordance with the laws of New South Wales, Australia, and the parties hereby agree and submit to the exclusive jurisdiction of the Courts of New South Wales.
16. CONTACTING US