Briefboard provides a subscription service that allows our members to access our Briefboard tool ‘Briefboards’. Briefboards is a SAAS application that communicates with different elearning authoring tools and allows users to review elearning content.
The Briefboards Service is provided to you by Briefboard Pty Ltd, an Australian Limited Liability company.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
1. Account registration
You must be 18 years of age, or the age of majority in your state, territory or country, to become a member of the Briefboards services. You must register to access and use our Services.
When you enter or try to use Briefboard, you will be prompted to Sign-up which creates an account (a "User Account"). If you already have an account you will be asked to log into your existing User Account. Without this user account you are not able to access any part of our Services. This user Account is separate from having a “Membership” which is a paid plan. However, you will need an user account in order to access a membership.
You further agree that any credit card information you provide through the Services is valid and that you have authority to authorize payments from such credit card.
You are responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account, whether or not made with your knowledge or authority. Briefboard Pty Ltd cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. Plans, Billing, Cancellations and Termination (This section on Plans and cancellations will come into effect on the 1 of June 2018).
Our plans aim to offer flexibility and scalability. We want to give options and allow for transparency of pricing.
We have three types of plans: Free, Tiered (based on volume), and Custom. Each one of these plans are based on number of users. A User, is an Author or a Collaborator that is a member of your Workspace. Their names will be on the Member List.
Free Plan: This plan allows you free access to our system up to the amount of users per month as stipulated in the Plan. The main intention of this plan is to cater for individuals or small teams wanting to try Briefboards for an unlimited period of time. This plan does not require a credit card.
Tiered Paid plans: This per-user pricing gives you the flexibility to only pay for the exact number of users you have. This pricing is progressive, meaning that we offer volume discounts as you add more users. Each user's unit price is based on the pricing rate in which the user falls. Costs of these Tiered plans are stipulated on our website.
Customised Paid plan: Customised plan in additional to user count billing may also include additional services such as fees for integrations, development, branding, customised servers etc.
Cost of Customised plans are discussed and and calculated based on the needs of the client.
Prices: Unless otherwise stated, all prices are in US Dollars and exclude GST. A valid credit card payment validation is required for Tiered Paid plans.
2.2 User charges
Once a person has accepted an invitation to join your Workspace and signed in, they will automatically count towards billing. A user must be explicitly deleted from the members list to not count towards billing in the following month. They will count towards billing in the month they are being deleted.
Once an user signs up and purchases a paid plan, our contract will be in force. you can start using our application and at the end of your first month, you will be billed for the number of users that you had on your system that month.
Your User fee for the Briefboards service, will be charged on a monthly basis (excludes the Free Plan). For example, if you signed up and did not add any users to your workspace / application during your first month, you will be billed the total for 1 User (yourself). If you add 8 users during the second month, you will be billed for a total of 9 users (yourself + 8 additional).
2.4 Other promotional discounts (“Promotional offer”). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any promotional offer in our absolute discretion.
We understand that there may be times when you don’t need our application anymore. If this is the case, we offer to move to our Free plan. In this plan you will not be charged but would still have access to your projects or content in case you need them in the future.
The Free plan allows for a certain number Users. If you are coming from our Tiered Plan, this probably means that at the moment of moving you might be exceeding this user number. So, before we can move you, we need to get your users (Member List) down to our Free plan maximum user number.
If you choose to move to our Free Plan, you will be billed for the month in which the move has taken place. For example, it's june and you are currently in our paid plan and have 20 users. You decide to move to our Free plan on the 15 of June. At the end of June you will be billed for 20 users. In july you won't be billed.
2.6 Non-payment: If, for whatever reason, your credit card payment fails, and the payment does not go through, Briefboard Pty Ltd reserves the right to suspend your access to the Services. You will receive one (1) notification to remind you of your payments, two days after payment failure. If you fail to pay the applicable charge within this period, or to otherwise contact us to discuss payment for amount then due, Briefboard Pty Ltd reserves the right to put on hold your account (this will mean you will not have access to our application in any way). In this moment, all amounts due and unpaid from you to Briefboard for use of the Services shall become immediately due and payable.
In the event of non-payment and the exhaustion of the procedures set forth in this section, Briefboard Pty Ltd reserves the right to seek payment using any remedies allowed to it by law. Briefboard Pty Ltd shall have the right to recoup all payments due to it under this agreement as set forth in this agreement.
2.7 Disputes- If you wish to dispute any charge invoiced to you by Briefboard Pty Ltd, you agree to submit the disputed charge to us no later than five (5) business days after the disputed charge is posted to your account. You are responsible for reviewing any charges made to your account. You may submit a disputed charge by contacting us through the Briefboard website.
2.8 Upon termination of your use of the Briefboards Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate.
3. BETA VERSION AND NETWORK INTERRUPTIONS
Briefboards is a new tool on the market and is currently in its BETA version. You understand and agree that the Beta Version may still contain software bugs, suffer disruptions and not operate as intended or designated.
Your use of our application at this stage signifies your understanding of the above.
You may not under any circumstances:
- Create and/or distribute derivative works based on the Software
2. Reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or discover any source code or algorithms of the Software;
3. Sell, lease, assign, license, sublicense, disclose, distribute or otherwise transfer or make available the Software, in whole or in part or any copies thereof, in any form to any third parties;
4. Remove or alter any proprietary notices on the Software;
Because Briefboards is a Software as a Service application it heavily relies on public networks, such as the internet. Occasionally these networks experience disruptions over which we have not control. We therefore cannot guarantee that our website or application will be available 100% of the time. Although we have taken any many precautions as possible and strive to provide the most reliable application possible, interruptions and delays in accessing the application are unavoidable and the we disclaim any liability for damages resulting from such problems.
4. LIMITATION OF LIABILITY
It is an essential pre-condition to you using our Services that you agree and accept that Briefboard Pty Ltd is not legally responsible for any loss or damage you might suffer related to the use of our Website or our Services, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
5. INTELLECTUAL PROPERTY
We claim no intellectual property over the courses in which Briefboards is embedded. We hold no responsibility for determining the proper ownership or proper use of the eLearning design and content. All liabilities about these designs rest with the people who have embedded the Briefboards’ code in them. When you add our code into your eLearning course, you agree that the content of your course doesn’t violate any laws, rules, regulations, or rights of others. By using us, you agree to defend, indemnify, and hold us harmless for the use, claims, liabilities, damages, or expenses of any designs; and any breaches, infringements, misappropriations, or law violations that come from them.
We reserve the right to refuse service if our application is used in courses that are offensive, violate laws, or advocate illegal activities.
You may not under any circumstances:
1.Create and/or distribute derivative works based on the Software
2.Reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or discover any source code or algorithms of the Software;
3.Sell, lease, assign, license, sublicense, disclose, distribute or otherwise transfer or make available the Software, in whole or in part or any copies thereof, in any form to any third parties;
4.Remove or alter any proprietary notices on the Software.
7. DELIVERY OF GOODS
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
8. LINKS TO OTHER WEBSITES
Briefboard may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Briefboard and the owners of those websites. Briefboard takes no responsibility for any of the content found on the linked websites. Briefboard’s website may contain information or advertisements provided by third parties for which Briefboard accepts no responsibility whatsoever for any information or advice provided to you directly by third parties.
The Services are provided "AS IS", "WITH ALL FAULTS", and "AS AVAILABLE". YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. Briefboard does not GUARANTEE that users will be able to access the Services at all times or places, that Briefboard will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, BRIEFBOARD, ITS OFFICERS, DIRECTORS, AND EMPLOYEES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. BRIEFBOARD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES. BRIEFBOARD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND BRIEFBOARD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
You understand that Briefboard uses third party vendors and hosting partners to provide the necessary software, networking, storage, and related technology required to run the Services.
10. YOUR PRIVACY
11. THIRD PARTIES
Briefboard does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
12. DISCLOSE YOUR INFORMATION
Briefboard may be required, in certain circumstances, to disclose information in good faith and where Briefboard is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
13. EXCLUSION OF COMPETITORS
If you are in the business of creating similar services for the purpose of providing them for a fee to users, then you are a competitor of Briefboard. Briefboard expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Briefboard will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Briefboard reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
14. COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. Briefboard expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material (e.g. copy instructions to set up Briefboard). You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
15. WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Briefboard concerning your use and access to Briefboard’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
16. EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Briefboard that results in litigation then you must submit to the jurisdiction of the courts of NSW.
18. AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time.
Please check these terms regularly prior to using our website and services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website and services then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Briefboard’s rights and obligations to each other.