Terms of Service

These Terms of Service govern access to and use of the BA ICON website, software platform and related services provided by Rose Technology Group Pty. Ltd. As Trustee For Rose Technology Unit. By accessing or using BA ICON, the customer agrees to be bound by these Terms of Service and any applicable commercial agreement, order form or subscription terms.

Licence and permitted use

BA ICON grants customers a limited, non-exclusive, non-transferable right to access and use the platform for their internal business purposes, subject to payment of applicable fees and compliance with these terms.

The customer receives a right to use the software only and does not obtain any ownership interest in the software, database, documentation, designs or related intellectual property.

Account responsibilities

Customers are responsible for maintaining the confidentiality of account credentials and for all activity that occurs under their accounts.

Customers must ensure that all users authorised under their account comply with these Terms of Service and all applicable laws and regulations.

Fees and payment

BA ICON services may include establishment fees, subscription fees, SMS charges, training fees and other agreed service charges. Unless otherwise agreed in writing, invoices are payable within 14 days of issue.

Subscription periods, minimum commitment periods, notice requirements and termination rights are governed by the applicable customer agreement or order terms.

Prohibited conduct

Customers must not copy, modify, translate, disassemble, decompile, reverse engineer or create derivative works from the BA ICON software or any related materials, except as permitted by law.

Customers must not use the platform for unlawful purposes, to transmit malicious code, to interfere with the service, or to breach privacy, spam, intellectual property or other legal obligations.

Customer data

As between BA ICON and the customer, the customer retains responsibility for the accuracy, legality and integrity of the data entered into the platform.

BA ICON may use customer data only as necessary to provide the services, perform support functions, comply with legal obligations and protect the security and integrity of the platform.

Confidentiality

Rose Technology Group Pty. Ltd. As Trustee For Rose Technology Unit will keep customer confidential information secure and will only use or disclose it as necessary to provide the services, as authorised by the customer, or as required by law.

Customers must also keep confidential any non-public information relating to the software, pricing, documentation, technical processes and proprietary materials made available by BA ICON.

Intellectual property

All intellectual property rights in BA ICON, including the software, platform structure, database concepts, documentation, branding, program files and graphic designs, remain the property of Rose Technology Group Pty. Ltd. As Trustee For Rose Technology Unit or its licensors.

No rights are granted other than the limited right to use the service in accordance with these Terms of Service.

Suspension and termination

BA ICON may suspend or restrict access where reasonably necessary to protect the security, integrity or lawful operation of the platform, or where a customer breaches these terms or fails to pay amounts due.

Either party may terminate the service in accordance with the applicable agreement, including any minimum commitment period and required notice period. No refunds apply for unused portions unless required by law or expressly agreed otherwise.

Liability and disclaimers

BA ICON will use reasonable care and skill in providing the services, but does not guarantee uninterrupted or error-free operation at all times.

To the maximum extent permitted by law, BA ICON excludes liability for indirect or consequential loss, and any liability that cannot lawfully be excluded will be limited as permitted under applicable law, including the Australian Consumer Law.

Changes to these terms

These Terms of Service may be updated from time to time. Continued use of BA ICON after updated terms take effect constitutes acceptance of those changes.