Site Disclaimer / Terms of Use

Thank you for visiting the Bad Bilby Benchmarking Website ("Site") which is operated by Bad Bilby Pty Limited (ABN 89666635) ("Bad Bilby").

1.Access and use of this Site

Access to and use of this Site is provided strictly subject to these terms of use. By entering and using this Site you accept, without limitation or qualification, these terms of use (collectively, the "Website Terms"). You must not use this Site if you do not agree to be bound by these Website Terms.

Except as otherwise expressly stated on this Site and to the full extent permitted by law, this Site and all information contained within it regarding or relating Bad Bilby and its related entities, products and services is provided "as is" and on an "as available" basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied.

2.Liability

Your use of this Site is at your own risk. To the extent permitted by law, neither Bad Bilby nor any party involved in creating, producing or delivering this Site accepts any liability for the accuracy, timeliness or completeness of the information contained on this Site or any responsibility for any errors or omissions in the content on this Site whether or not Bad Bilby is aware of such errors or omissions nor do they accept any liability for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue of profit, or loss or corruption of data arising out of your access to, or use of, or inability to use or access this Site, whether arising in tort or contract.

Bad Bilby does not guarantee that the functions contained on this Site will be uninterrupted or error free and does not warrant that this Site or its server is free of computer viruses, bugs or other harmful components or that defects will be corrected even if Bad Bilby is aware of them.

The Trade Practices Act 1974 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Where it is permitted to do so, Bad Bilby limits its liability for breach of any implied warranty, condition or undertaking which cannot be excluded, at the option of Bad Bilby, to:

• in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and

• in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

3.Modification of Website Terms

Bad Bilby reserves the right to change, modify, add or remove sections of the Website Terms and to add to, change or discontinue the information contained in, or any other aspect of, this Site at any time and without liability. We will notify you of such changes by posting an updated version of the Website Terms on our Site. Please check this Site regularly for changes as your continued use of this Site signifies your acceptance of any changed Website Terms.

4.Other rights

Unless otherwise noted, all materials on this Site are protected as copyright, trade names, trade marks or are other intellectual property owned by Bad Bilby and/or its related entities or by other parties that have licensed their material to Bad Bilby. Other than viewing and downloading content from this Site for purposes permitted on this Site, you do not have the rights to use these intellectual property rights without the written permission of their owner. You agree that you will not use this Site for any unlawful purpose. You will not violate or attempt to violate the security of this Site.

All rights not expressly granted are reserved. All powers (if any) conferred on you by section 26 of the Australian Trade Marks Act 1995 are expressly excluded.

5.Restrictions on use

Your use of the materials on this Site is only for informational purposes. You agree you will not distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way without seeking and obtaining permission from Bad Bilby to do so. You agree to indemnify and hold harmless Bad Bilby for any and all unauthorised uses you may make of any materials on this Site. You acknowledge the unauthorised use of the contents could cause irreparable harm to Bad Bilby and that in the event of unauthorised use, Bad Bilby shall be entitled to an injunction in addition to any other remedies available at law or in equity.

6.Links to external sites

Links may be included on this Site which will allow you to connect with sites that are not under our control. Bad Bilby is providing these links only as a convenience. The appearance of a link does not imply Bad Bilby endorsement, nor is Bad Bilby responsible for the contents of any linked site. You access them at your own risk. Subject to any non-excludable rights, Bad Bilby disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise for any materials or information contained on such sites. You should carefully review the terms of use and privacy policies of all external websites that you visit.

7.Governing law

These Website Terms will be governed by the laws of New South Wales, Australia, and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any of the Website Terms are found to be unenforceable under New South Wales law, this will not affect the remainder of these Website Terms.

Bad Bilby Pty Limited (ABN 89666635)