Last updated: 8 May 2026
This Organisation Agreement is the contract between you – the organisation running events on Bix – and us. It sets out how you may use Bix, what you and we are each responsible for, the fees, how we handle the personal information you put into Bix, and the legal terms that frame the relationship.
We have written this agreement in plain language so that it can be read and understood without specialist help. The legal substance is here in full; the framing is intended to make it usable.
If you also want to read our buyer-facing terms or our privacy practices, see our Terms of Use and Privacy Policy.
Part 1 – About these terms
1. Who this agreement is with
This Organisation Agreement is between Bix HQ Pty Ltd (ACN 693 170 393), with its registered office at Level 1, 580 Church St, Cremorne, Victoria, Australia, and the organisation that has signed up to use Bix to run events.
We refer to ourselves throughout as "Bix," "we," or "us." We refer to the organisation as "you" or "your."
By signing up to Bix, by using Bix on behalf of an organisation, or by taking bookings through Bix on behalf of an organisation, you confirm that you are authorised to enter into this agreement on the organisation's behalf, and that the organisation accepts these terms. Where you are signing up as an individual operating as a business or sole trader, "the organisation" means you in that capacity.
This agreement is intended for businesses and other organisations using Bix in the course of their activities. It is not intended for use by consumers in a personal capacity. You confirm that you are entering into this agreement in the course of business or other organisational activity, and not as a consumer.
2. How this agreement fits with our other documents
This agreement forms part of the broader set of terms that govern your use of Bix:
These Organisation Agreement terms
Our Terms of Use, which apply to anyone using Bix and which you accept by accepting this agreement
The Data Processing Addendum set out in Part 4 below, which applies whenever Bix processes personal data on your behalf
Our Privacy Policy, which describes how we handle personal information and operates as a transparency disclosure rather than a contract term
Our Sub-processors page is a factual disclosure list that the Data Processing Addendum refers to. It is updated as our sub-processors change.
In the event of any inconsistency between these documents, the order of precedence is: this Organisation Agreement (including the DPA in Part 4) prevails over the Terms of Use, which prevails over the Privacy Policy.
3. Definitions
Where used in this agreement, the following terms have the meanings given:
Bix Platform – the Bix website, the application at bixhq.com, any subdomain we provide for your account, our APIs, and any other Bix-operated technology you use to run events.
Booking – a transaction in which a buyer reserves a place at an event on Bix.
Buyer – an individual who makes a booking through the Bix Platform.
Event – an event, activity, session, class, or other offering you publish on Bix.
Fees – the amounts payable to Bix as set out on our pricing page or in any specific arrangement we have agreed with you in writing.
Personal Data has the meaning given in the Data Processing Addendum (Part 4).
Your Content – the text, images, and other material you upload, publish, or transmit through the Bix Platform, including event descriptions, branding, and buyer data.
Part 2 – Your account and our service
4. Eligibility and account registration
To create an account on Bix, you must be at least 18 years of age, must have authority to bind the organisation you represent, and must provide accurate and complete information about yourself and your organisation. You must keep that information up to date.
You are responsible for keeping your account credentials secure, for activity that takes place under your account, and for the actions of any people you authorise to access the account. If you become aware of any unauthorised access, please notify us at [email protected] as soon as possible.
You may add additional users (such as colleagues, volunteers, or contractors) to your account where the platform supports this. You are responsible for those users' compliance with this agreement. You must remove access promptly when a person no longer needs it.
We may decline to accept a registration, or suspend or close an account, where we have reasonable grounds to do so – for example, if information provided is inaccurate, if we suspect fraud or misuse, or if the registration is from a person or entity we are not permitted to deal with under sanctions or other applicable laws.
5. What we provide
We make the Bix Platform available to you for the purpose of running events on Bix. We will use commercially reasonable efforts to keep the Bix Platform operating and to provide a service that meets the description on our website.
We do not warrant that the Bix Platform will always be available or free of errors. We may need to take the Bix Platform offline for maintenance or because of issues affecting our sub-processors; where we plan maintenance, we will give reasonable advance notice where we are able to do so.
Support is provided through the channels published from time to time on our help pages. We aim to respond to support requests within reasonable timeframes during our standard support hours.
6. Free trials and promotional offers
From time to time we may offer free trials, free plans, promotional pricing, or other offers in connection with Bix. The terms of any such offer will be set out at the time we make it available. Free trials and promotional offers are provided as-is and may be modified, discontinued, or converted to paid use on the terms specified at the time.
7. Fees and payment
Our fees are charged on a per-booking or per-transaction basis as set out on our pricing page or in any specific arrangement we have agreed with you in writing. We do not charge a fixed subscription fee unless separately agreed in writing.
Fees may be deducted from buyer payments before payout, charged separately to your nominated payment method, or invoiced, depending on the arrangement. Where fees are payable separately and not paid by the due date, we may suspend access to the Bix Platform until payment is made.
We may change our fees from time to time. Where we do, we will give at least 30 days' notice before changes take effect. Continued use of Bix after that date constitutes acceptance of the changed fees.
You are responsible for any taxes payable on the amounts you receive from buyers and on the fees we charge you (including GST or equivalent), other than taxes based on Bix's own income.
8. Payments to and from your organisation
Default flow
Payment processing on Bix is provided by Stripe. To take paid bookings, you must connect a Stripe account through our Stripe Connect integration and complete Stripe's verification process. Once your Stripe account is connected and verified, buyer payments are processed by Stripe and paid to your Stripe account, less any fees payable to Bix and any deductions Stripe applies under its own terms.
You are solely responsible for all aspects of the underlying transaction with the buyer, including the delivery of the event, refund and cancellation handling, customer service, chargebacks, disputes, and complaints. Bix is not the seller of the event and is not party to the contract between you and the buyer.
Pre-verification arrangement
For organisations registered in Australia or New Zealand, we offer a limited arrangement that allows you to begin taking bookings before your Stripe account is fully verified. Where this arrangement applies:
Buyer payments are received into a Bix-controlled Stripe account on your behalf, in our capacity as your limited payments agent.
The total amount we may receive on your behalf under this arrangement is capped at A$300 (or the local equivalent in New Zealand dollars).
You must complete Stripe's verification process within 30 days of your first pre-verification booking. Once verified, we will release the funds we have received on your behalf to your Stripe account, less any fees payable to Bix and any deductions Stripe applies.
If you do not complete verification within that 30-day period, we will refund the affected buyers in full and the bookings will be cancelled. We will let buyers know if this happens.
Even where buyer funds pass briefly through our Stripe account under this arrangement, the booking is a contract between you and the buyer, you remain solely responsible for the underlying transaction, and you remain solely responsible for refunds, chargebacks, disputes, and complaints.
Refunds and chargebacks
You are responsible for setting and applying your own refund and cancellation policies, for honouring those policies, and for issuing refunds where required by your policy or by applicable consumer law (including the Australian Consumer Law). We do not issue refunds on behalf of organisations as a general matter, except in the limited pre-verification scenario described above.
You are responsible for chargebacks raised by buyers in respect of bookings made through your account, including any fees Stripe charges in connection with those chargebacks.
Part 3 – Running events on Bix
9. Your responsibilities as the organisation
When you run events on Bix, you are responsible for the events themselves, your relationships with buyers, and the content you publish. Specifically:
Delivering the event. You must deliver each event as you have described it, on time, at the venue you have specified, and to the standard you have promised.
Refund and cancellation policy. You must publish a clear refund and cancellation policy on each event page and honour it. If you cancel an event for any reason, you must refund affected buyers as required by your policy and by applicable consumer law.
Event safety, accessibility, and compliance. You must run your events safely, ensure they meet applicable accessibility standards, hold any licences or permissions required for the event, comply with applicable laws (including consumer law, work health and safety law, alcohol licensing, and food safety laws), and obtain any insurance you consider appropriate.
Accuracy of information. You must keep event listings, pricing, descriptions, and other content on Bix accurate and up to date. You must not misrepresent the nature, content, or terms of an event.
Communication with buyers. You must respond to reasonable queries and complaints from buyers in a timely manner.
Your own additional terms. Where you wish to apply your own terms and conditions to an event – for example, a code of conduct, photo release, waiver, or specific refund policy – you may do so through the features Bix provides for this purpose. Your additional terms apply between you and the buyer; they cannot create obligations for Bix or imply that Bix is a party to the underlying transaction. Your additional terms may not conflict with our Terms of Use.
Your own privacy notice. You must publish your own privacy notice describing how you handle personal information about buyers attending your events. Where buyers provide personal information to you through Bix, you are the controller of that information and are responsible for handling it in accordance with applicable privacy laws and your own privacy notice.
10. Acceptable use
You must not use Bix to do anything illegal, harmful, or harassing, and you must comply with our Terms of Use when interacting with the Bix Platform. In addition, you must not:
Use Bix to publish events that are illegal, fraudulent, or infringe the rights of others
Use Bix to spam, harass, or send unwanted communications to buyers or other users
Attempt to disrupt, damage, or gain unauthorised access to the Bix Platform or other organisations' accounts
Reverse engineer, copy, or attempt to derive the source code of the Bix Platform
Resell, sublicense, or use Bix to provide a service that competes with Bix
Use Bix to collect data from buyers beyond what is necessary for your event
Interfere with the integrity or operation of the Bix Platform, including by using bots, scrapers, or automated tools without our written permission
Use Bix in any way that brings it into disrepute, or that misrepresents Bix's role in the underlying transaction with buyers
11. Community guidelines: events not permitted on Bix
Bix is intended for organisations running real-life events, activities, sessions, and classes. The following are not permitted on Bix:
Events promoting violence, hatred, or discrimination on the basis of race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or other protected characteristic
Events that exploit, sexualise, or otherwise endanger children
Events facilitating illegal activity, including the unlicensed sale of regulated goods (firearms, controlled substances, prescription medicines), unregulated financial schemes, and gambling, raffles, or prize draws that do not comply with applicable licensing requirements
Events whose primary purpose is recruitment into multi-level marketing, pyramid schemes, or similar arrangements
Events that misrepresent their nature or content, including bait-and-switch listings
Events used to defraud buyers, including events the organisation does not intend to deliver
Events that put attendees at unreasonable risk of harm where the risk has not been clearly disclosed and appropriate precautions taken
We may remove or refuse any event that we consider, on reasonable grounds, to fall within the categories above or otherwise to breach this agreement. Where we remove an event, we will give reasons. Where the removal affects bookings already made, you remain responsible for refunding affected buyers in accordance with your policy and applicable law.
We may also remove events or take other action where we consider, on reasonable grounds, that an event poses a reputational or legal risk to Bix even if it does not clearly fall within the categories above. We will use this discretion sparingly and will give reasons where we do so.
12. Buyers' relationship with Bix
When a buyer makes a booking on Bix, they enter into a contract with you, not with Bix. You are the seller of the event and bear all the responsibilities that follow from that, as set out in section 9. Bix's role is to provide the platform that you use to take the booking; Bix is not party to the underlying transaction. Our Terms of Use describe this distinction to buyers, and your own additional terms may not contradict that description.
13. Your content and our right to use it
You retain ownership of Your Content. By uploading or publishing content on Bix, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, transmit, display, reproduce, and adapt that content as necessary to provide the Bix Platform to you and to display your events to buyers. This licence ends when you remove the content from Bix or close your account, except to the extent necessary for us to retain copies for legal, audit, or backup purposes.
You warrant that you have the rights to publish Your Content on Bix and that doing so will not infringe the rights of any third party. You are responsible for the content you publish, and we may remove content that breaches this agreement or that we are required to remove by law.
We may use aggregated or de-identified information about your use of Bix – including aggregated booking data, event metadata, and usage patterns – for our own purposes, including to operate, improve, and market Bix. Aggregated and de-identified information does not identify you, your organisation, or any individual buyer. We will not share information that identifies you or your buyers other than as set out in this agreement and the Privacy Policy.
If you give us feedback, ideas, or suggestions about Bix, you grant us a perpetual, royalty-free, worldwide right to use that feedback without obligation or compensation to you.
14. Use of your name in marketing
We may identify you as an organisation using Bix in case studies, customer lists, and marketing material. If you would prefer that we did not, please contact us at [email protected] and we will stop using your name in new material as soon as reasonably practicable.
Part 4 – Data Processing Addendum
This Part 4 is the Data Processing Addendum (the "DPA") that governs how Bix processes Personal Data on behalf of your organisation. It is part of this Organisation Agreement and is incorporated by reference whenever this agreement is accepted.
If you require a standalone copy of this DPA – for example, for your records, for a procurement review, or to provide to your own data protection authority – please contact us at [email protected].
15. Definitions used in this DPA
In this DPA:
Applicable Data Protection Laws means the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles, the EU General Data Protection Regulation 2016/679 (the "GDPR"), the UK Data Protection Act 2018 and UK GDPR, and any other data protection laws that apply to the processing of Personal Data under this agreement.
Controller, Processor, Data Subject, Personal Data, Process, and Processing have the meanings given in the GDPR. Sensitive Information has the meaning given in the Australian Privacy Act.
Sub-processor means any third party engaged by Bix to Process Personal Data on Bix's behalf in connection with providing the Bix Platform.
16. Roles of the parties
When Bix Processes Personal Data that you have collected from buyers or otherwise put into the Bix Platform in connection with your events, you are the Controller of that Personal Data and Bix is your Processor. This DPA applies to that Processing.
For Personal Data that Bix collects in its own right (for example, your account information, billing information, your use of Bix, and Bix's own marketing analytics), Bix is the Controller. The Privacy Policy applies to that Personal Data and this DPA does not.
17. Subject-matter, duration, nature and purpose of Processing
The subject-matter of the Processing is the operation of the Bix Platform in accordance with this Organisation Agreement.
The duration of the Processing is the term of this agreement and any post-termination period during which Bix retains Personal Data in accordance with section 26.
The nature and purpose of the Processing is to enable you to run events on Bix, including: hosting your event listings, taking bookings, processing payments, sending booking confirmations and event communications, providing reporting and analytics, providing support, and operating the Bix Platform.
18. Categories of Personal Data and Data Subjects
Personal Data Processed under this DPA may include:
Buyer contact details (name, email, phone number)
Buyer payment information (handled by Stripe; see section 23)
Booking records and event participation information
Information you have requested from buyers at checkout (which may include dietary, accessibility, age, or other details, depending on what you ask)
Communications between you and buyers conducted through the Bix Platform
Data Subjects include the buyers who interact with your events on Bix, individuals you list as event participants, and where applicable, your authorised users to the extent their Personal Data is shared with buyers (for example, the contact email shown on an event page).
You must not put Sensitive Information into the Bix Platform unless this is necessary for the purposes of your event and you have a lawful basis for doing so.
19. Bix's obligations as Processor
Bix will:
Process Personal Data only on documented instructions from you, including those given through your use of the Bix Platform, this agreement, or specific instructions you give us in writing. We will inform you if we believe an instruction infringes Applicable Data Protection Laws.
Ensure that personnel authorised to Process Personal Data are bound by confidentiality obligations.
Implement appropriate technical and organisational measures to protect Personal Data, having regard to the state of the art, the nature of the Processing, and the risks to Data Subjects. These measures are described in section 22.
Assist you, taking into account the nature of the Processing, in fulfilling your obligations to respond to Data Subject rights requests, to conduct data protection impact assessments where required, and to consult with supervisory authorities where required.
Notify you without undue delay (and in any event within 72 hours of becoming aware) of any Personal Data breach affecting Personal Data Processed under this DPA, with the information you reasonably require to meet your own breach notification obligations.
Make available to you the information reasonably necessary to demonstrate Bix's compliance with this DPA, and allow for and contribute to audits in accordance with section 21.
20. Sub-processors
You generally authorise Bix to engage additional or replacement Sub-processors to Process Personal Data on your behalf. Bix maintains a current list of Sub-processors at Bix Sub-processors, and gives notice of additions or replacements by updating that page. You are responsible for reviewing the page from time to time.
You may object on reasonable grounds to a new Sub-processor by giving Bix written notice at [email protected]. If Bix is unable to accommodate your objection, you may terminate this agreement on reasonable notice.
Bix remains liable to you for the acts and omissions of its Sub-processors as if they were Bix's own acts and omissions, and ensures that each Sub-processor is bound by data protection obligations no less protective than those in this DPA.
21. Audits
You may verify Bix's compliance with this DPA, no more than once per year (except where Applicable Data Protection Laws or a regulator require otherwise), by:
Requesting copies of Bix's then-current third-party audit reports, certifications, or compliance documentation, where available
Submitting a written request for additional information that Bix reasonably needs to demonstrate compliance with this DPA, to which Bix will respond within a reasonable time
Where the documentation above is not sufficient to verify compliance, you may request an on-site audit, which will be conducted on reasonable advance notice, during business hours, in a manner that does not unreasonably interfere with Bix's operations, and at your cost. Audits must be conducted by you or by an independent auditor bound by appropriate confidentiality obligations.
22. Security measures
Bix maintains administrative, physical, and technical safeguards designed to protect Personal Data from unauthorised access, disclosure, alteration, loss, and destruction. These include encryption of Personal Data in transit, role-based access controls with multi-factor authentication for administrative access, logging and monitoring of access to Personal Data and key systems, personnel training and where appropriate background checks, vendor due diligence and contractual protections with Sub-processors, regular review of security practices in line with the state of the art, and incident response procedures including breach notification.
23. Payment data
Bix does not store buyer payment card data on its own systems. Payment card data is collected directly by Stripe and handled under Stripe's own security and data protection arrangements. Stripe maintains the certifications relevant to its industry, including the Payment Card Industry Data Security Standard (PCI DSS).
24. International transfers
Personal Data Processed under this DPA may be transferred to, and stored or otherwise Processed in, countries outside Australia, the European Economic Area, and the United Kingdom – including the United States, where Bix and several of its Sub-processors operate.
Where Personal Data is transferred from Australia, the EEA, or the United Kingdom to a country whose data protection laws differ from those applicable in the country of origin, the parties rely on appropriate safeguards, including:
The European Standard Contractual Clauses adopted under GDPR Article 46 for transfers from the EEA, which the parties incorporate by reference and to which Bix and its relevant Sub-processors have agreed
The UK International Data Transfer Addendum to the European Standard Contractual Clauses for transfers from the United Kingdom
Contractual protections meeting the requirements of Australian Privacy Principle 8 for transfers from Australia
The countries to which Personal Data is transferred are listed on our Sub-processors page.
25. Data Subject rights
You are responsible for responding to Data Subject rights requests made by buyers, attendees, and other Data Subjects whose Personal Data you Process. Bix will assist you in responding to those requests, taking into account the nature of the Processing, by providing access to the relevant Personal Data through the Bix Platform and, where you reasonably require it, providing further information or taking specific actions on your instructions.
Where a Data Subject contacts Bix directly with a rights request that relates to Personal Data we Process on your behalf, we will refer the Data Subject to you and notify you, except where Applicable Data Protection Laws require us to act otherwise.
26. Return or deletion of Personal Data
On termination or expiry of this agreement, Bix will, at your choice, return or delete the Personal Data Processed on your behalf, except where retention is required by Applicable Data Protection Laws. Bix will provide you with the means to export Your Content and the associated Personal Data within 30 days of termination, after which Bix may delete Personal Data from its production systems. Backup copies will be deleted in accordance with Bix's standard backup retention cycle.
This section operates in addition to your rights under sections 30 and 31 (termination and post-termination provisions).
Part 5 – Legal
27. Confidentiality
Each party (the "Receiving Party") may have access to information of the other party (the "Disclosing Party") that is identified as confidential, or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Confidential Information of Bix includes the non-public details of the Bix Platform, our pricing (where not publicly listed), and our roadmap. Confidential Information of yours includes Your Content (other than the parts of Your Content that you have published publicly through the Bix Platform) and your business plans.
Each party will:
Use the other party's Confidential Information only as necessary to exercise its rights or perform its obligations under this agreement
Take reasonable steps to protect the Confidential Information from unauthorised disclosure
Not disclose the Confidential Information to any third party except to its personnel and professional advisers who need to know and who are bound by confidentiality obligations no less protective than those in this section, or where required by law
This section does not apply to information that: is or becomes publicly known through no breach of this section; was known to the Receiving Party before disclosure; is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information; or is required to be disclosed by law or by a court or regulator with appropriate authority.
This section survives termination of this agreement for five years.
28. Intellectual property
Bix, including all software, design, branding, and content that we make available through the Bix Platform, is owned by us or our licensors, and is protected by intellectual property laws. We grant you a non-exclusive, non-transferable, non-sublicensable licence to use the Bix Platform during the term of this agreement, in accordance with this agreement, for the purpose of running events.
Subject to section 13, you retain ownership of Your Content. You retain ownership of all other intellectual property associated with your organisation and your events.
We retain ownership of any improvements, modifications, or derivative works of the Bix Platform, including any features developed in response to your feedback or use.
29. Compliance with laws
You must comply with all laws applicable to your use of Bix and to the events you run, including consumer protection laws (in Australia, the Australian Consumer Law), privacy and data protection laws, anti-spam laws, work health and safety laws, and any sanctions or trade-control laws that apply to you, your organisation, or your events.
You confirm that neither you, nor your organisation, nor (to your knowledge) anyone you authorise to use your account, is on a sanctions list maintained by the Australian Government, the United Nations, the United States, the United Kingdom, or the European Union, and that your use of Bix does not violate sanctions or trade-control laws.
30. Term and termination
This agreement starts on the earliest of: (a) the date you accept it (typically by signing up to use Bix); (b) the date you first access or use the Bix Platform on behalf of the organisation; and (c) the date the organisation first takes a booking through Bix. It continues until terminated.
You may terminate this agreement at any time by closing your account through the in-product flow or by contacting us at [email protected]. Termination is effective when we have processed your request. Termination does not entitle you to a refund of fees already paid in respect of bookings or other services already provided, except where required by applicable consumer law.
We may suspend your access to the Bix Platform or terminate this agreement on notice if:
You materially breach this agreement and (where the breach is capable of remedy) you do not remedy the breach within a reasonable period after we notify you
You fail to pay amounts owing to us when due, after we have given you reasonable notice and opportunity to pay
You become insolvent, enter administration, are wound up, or take any equivalent action in your jurisdiction
We are required to do so by law or by a regulator with appropriate authority
We have reasonable grounds to believe your use of Bix presents a serious risk to Bix, our other customers, buyers, or any third party
We may also terminate this agreement, without cause, on reasonable notice (typically not less than 30 days), where we discontinue Bix or materially change the nature of our service.
If your account has been dormant for at least 12 consecutive months (no events created, no bookings taken, no logins), we may suspend or terminate the account on reasonable notice.
31. Effect of termination
On termination of this agreement:
Your right to access and use the Bix Platform ends, except as necessary to allow you to export Your Content and the associated Personal Data within 30 days of termination
Any fees already paid are non-refundable, except where this agreement or applicable law provides otherwise; any fees owing in respect of bookings or services up to the termination date remain payable
Each party will return or destroy the other party's Confidential Information that it holds, except for copies that must be retained for legal, audit, or backup purposes
The provisions of this agreement that by their nature are intended to survive termination – including sections 13, 14, 17 (DPA roles, where ongoing), 24 (international transfers, in respect of any retained data), 26, 27, 31, 32, 33, 34, 35, 36 – will survive
After the 30-day export period, we may delete Your Content and associated Personal Data from our production systems in accordance with section 26.
32. Liability
Nothing in this agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including:
Liability for death or personal injury caused by negligence
Liability for fraud or fraudulent misrepresentation
Any liability that cannot be excluded under the Australian Consumer Law (specifically, the consumer guarantees in Part 3-2 of the Australian Consumer Law where they apply, and the rights and remedies under sections 60-62 in particular)
Any other liability that cannot be excluded by law
Subject to the carve-outs above, Bix's total liability to you in aggregate for any and all claims arising under or in connection with this agreement is limited to the greater of:
A$500; and
The total fees paid by you to Bix under this agreement during the 12 months immediately preceding the event giving rise to the claim
Subject to the carve-outs above, neither party is liable for indirect, incidental, special, consequential, or exemplary damages, including loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, or loss of data, in each case whether or not the party has been advised of the possibility of such loss.
This section governs all liability arising under or in connection with this agreement, including in contract, in tort (including negligence), and for breach of statutory duty.
33. Indemnification
You will indemnify and hold Bix harmless against any claims, losses, costs, and expenses (including reasonable legal costs) arising from or relating to:
Your events, including the conduct of events, refund obligations, complaints, and disputes with buyers
Your Content, including any claim that Your Content infringes the rights of a third party or breaches applicable laws
Your breach of this agreement
Your breach of applicable data protection or consumer law in respect of buyers
Your breach of any sanctions or trade-control laws
Bix will give you reasonable notice of any claim covered by this section, allow you to control the defence of the claim (provided you do so in good faith and with appropriate counsel), and provide reasonable cooperation at your cost.
34. Force majeure
Neither party is liable for failure or delay in performing its obligations where the failure or delay results from circumstances beyond the party's reasonable control, including natural disasters, pandemics, acts of war or terrorism, government action, infrastructure or telecommunications failure, or sub-processor outages. The party affected must notify the other as soon as reasonably practicable and use reasonable efforts to resume performance. If a force majeure event lasts more than 30 consecutive days, either party may terminate this agreement without further liability.
35. Changes to this agreement
We may update this agreement from time to time, including to reflect new features, changes in the law, changes in our pricing or business model, or improvements in clarity. Where we make material changes, we will post an updated version with a new "last updated" date and notify you by email at least 30 days before the changes take effect.
If you do not agree to the changes, you may terminate this agreement before the changes take effect by closing your account or by notifying us at [email protected]. Continued use of Bix after the changes take effect constitutes acceptance of the updated agreement.
36. Miscellaneous
Notices. Notices under this agreement must be in writing. Notices to Bix should be sent to [email protected] for general matters and to [email protected] for matters relating to data protection. Notices to you will be sent to the email address registered against your account.
Assignment. You may not assign or transfer this agreement without our prior written consent. We may assign this agreement to a successor in connection with a merger, acquisition, or sale of all or substantially all of our assets.
Entire agreement. This agreement (including the documents listed in section 2) is the entire agreement between you and us in respect of its subject matter and supersedes any prior agreements or representations.
Severability. If any provision of this agreement is held to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.
No waiver. A failure or delay by either party in exercising a right under this agreement does not constitute a waiver of that right.
Independent contractors. The parties are independent contractors. Nothing in this agreement creates a partnership, joint venture, agency, or employment relationship between the parties.
Third parties. This agreement does not create any rights for any person who is not a party to it.
37. Governing law and jurisdiction
This agreement is governed by the laws of Victoria, Australia. The courts of Victoria have exclusive jurisdiction in respect of any dispute that cannot be resolved informally between the parties.
Bix HQ Pty Ltd (ACN 693 170 393) | Registered office: Level 1, 580 Church St, Cremorne, Victoria, Australia.