1.1 What the Terms cover
1.2 Why you should read them
Please read the Terms carefully before you place any Order with us. The Terms tell you how we sell the Subscriptions to you, on what terms, what to do if there is a problem and other important information about your use of the Platform and will be binding on you in accordance with clause 1.4 below.
Breach of any of the Terms may, in our absolute discretion, result in your use of the Platform being blocked and/or any Subscriptions ceasing.
1.3 Changes to the Terms
The Terms may change from time to time. Significant changes to the Terms will be highlighted on the Platform’s login page. Your continued use of the Platform after a change in the Terms is your deemed acceptance of the changes.
1.4 When the Terms become binding on you
You agree to the Terms and that they are binding on you on the earliest of you:
(a) logging into the Platform using a Member Account; and
(b) placing an Order.
1.5 Other Terms applicable to you
You are 18 years of age or older.
2.2 How to contact us
You can contact us in relation to an Order (and as suggested in the Terms) by phone on 13 26 96, by email at firstname.lastname@example.org or by writing to us at:
Attention: Business Australia - Product and Operations Department
NSW Business Chamber Limited 140 Arthur Street North Sydney NSW 2060
2.3 How we may contact you
If we have to contact you we will do so using the telephone number, email address and/or postal address that you provide us by creating a Member Account or when placing an Order.
3.1 Becoming a Member
You must first apply and be admitted as a Member of Business Australia before you can purchase a Subscription. You can apply to become a Member and open a Member Account by visiting https://www.businessaustralia.com/ and clicking ‘Join for Free’ at the top of the page and then following the prompts to complete the membership application process. On completion of the membership application process you will be provided with login details for your Member Account.
The Membership Terms and Conditions, accessible at https://www.businessaustralia.com/membership-terms-and-conditions, and Business Australia’s Constitution, accessible at https://www.businessnsw.com/about/Governance/constitution, apply to you on your becoming a Member whether or not you purchase a Subscription.
3.2 Logging into your Member Account
To purchase a Subscription you must first log into your Member Account. You do so at the login page which is accessible by visiting https://www.businessaustralia.com/ and clicking ‘Login’ at the top of the page.
3.3 You must keep your login details confidential and safe
You must keep your login details safe and must not share them with any person other than Authorised User(s). You are responsible for any actions of your Authorised User(s) and/or taken using your Member Account or under any Subscription, whether or not they are taken by the Member or any Authorised Users. If you lose or forget your login details or notice any suspicious activity associated with your Member Account, you must notify us immediately using the contact details in clause 2.2.
You must not use any other person’s login details to access the Platform (except where you are an Authorised User of a Member and you use that Member’s login details to access the Platform).
3.4 Maintaining your Member Account
You can edit the details associated with your Member Account on the Platform by logging in using your login details and clicking ‘My Account’. You must always keep these details up to date.
4.1 Free articles
If you are not a Member, the Platform allows you to access articles, not Premium Content. If you are a Member, the Platform allows you to access up to three articles which are Premium Content, before you need a Subscription.
You can place an Order for a Subscription by:
(a) selecting a Subscription option on the Platform; and
(b) clicking the ‘Complete Purchase’ button and making successful payment of the total purchase price.
Doing so constitutes your offer to us to purchase the Subscription at the price indicated.
4.2 Ordering a Product
You can place an Order for a Product by:
(a) adding a Product to your ‘cart’; and
(b) clicking the ‘Complete Purchase’ button and making successful payment of the total purchase price.
Doing so constitutes your offer to us to purchase the Products in your ‘cart’ at the price(s) indicated.
4.3 How we will accept your Order
Our acceptance of your Order is subject to payment of the associated price and will take place when you receive an email from us notifying you that we have accepted your Order. Please contact us by phone on 13 26 96 or by email at email@example.com if you have not received an email confirming your Order from us within 24 hours of placing your Order.
4.4 If we cannot accept your Order
If we are unable to accept your Order for any reason we will inform you of this by email and cancel your Order. This might occur because of limits on our computing resources or an unexpected technical error.
4.5 Your Order number
Your Order will be assigned a unique transaction ID which we will include on any email we send pursuant to clauses 4.3 or 4.4. If you contact us about any Order, we may require you to quote the relevant transaction ID number.
5.1 You can upgrade your Subscription at any time
At any time you have the option to upgrade your Subscription. You can do this by logging into your Member Account, clicking ‘My Account’ and, in the ‘Library’ tab clicking the ‘Upgrade’ button on your existing Subscription. You will then be guided through the Ordering process described in clause 4.2.
5.2 We may make minor changes to your Subscription and/or the Products
At any time we may make minor changes to any Product and/or the benefits associated with a Subscription:
(a) to improve the Subscription package or Product to be more useful to Members in general; or
(b) to update the Subscription package or Product so it continues to accurately reflect relevant laws and regulatory requirements, which may change over time.
6.1 When we will provide Ordered Subscriptions and Products to you
If your Order is a:
(a) Subscription—you can access the Premium Content associated with that Subscription as soon as you pay the total price for the Order, the Order is accepted by us and for as long as the Subscription remains current;
(b) one-off Product purchase of digital content (e.g. a downloadable business template)—you can access the digital content as soon as you pay the total price for the Order and the Order is accepted by us; or
(c) one-off Product entitlement to a service or other benefit (e.g. use of an advice line, document review service or professional advice)—you will be able to access the service within a reasonable time given the nature of the service and we will contact you with further information.
6.2 We are not responsible for delays outside our control
Some Products may rely on the provision of goods or services by a third party. In such cases the delay in or failure to supply the content may be outside of our control and, if so, we will inform you of the delay and take steps to minimise the impact of such. Provided we do this we will not be liable for delays or failure to deliver caused by the event but, if there is a risk of failure to deliver or substantial delay, you may contact us to cancel your purchase of the Product and receive a refund for any Product you have paid for but not received.
7.1 Where to find the price for a Subscription or Product
Each of the Subscriptions and Products offered on the Platform will be clearly marked with its price. Unless otherwise noted all prices are displayed in Australian dollars inclusive of GST.
7.2 When and how to pay
When you ‘check out’ your cart on the Platform you will be provided with payment options. You will be required to pay for a Subscription or Product before you will be able to access or obtain it. In addition to the price of any Subscriptions and Products you must also pay us any applicable GST, which is included in the total price of your cart. After making successful payment of the total price of your cart the Platform will generate and automatically email you an invoice for the completed transaction.
7.3 Automatic payments
On the notified date of expiry, if your Subscription is for full unlimited access to all Premium Content, your Subscription will automatically renew unless you cancel it prior to that date. You can cancel the automatic renewal of your Subscription at any time by logging into your Member Account using your login details, clicking ‘My Account’ and, under the ‘Library’ tab, de-selecting the ‘Auto-Renew’ toggle against your Subscription. The Subscription cancellation will come into effect at the end of your current Subscription period, so you can continue to enjoy full access to the applicable benefits until that date.
If a Subscription or Product breaches a consumer guarantee under the Australian Consumer Law you may have the right to request a refund. Otherwise, amounts paid for any Subscription or Product are not refundable.
8.1 What we are responsible to you for
If we fail to comply with the Terms and that failure is responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill we are liable to you, subject to clauses 8.3 and 8.4, but we are not responsible for any loss or damage that is not foreseeable or for any consequential loss or damage. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us.
8.2 You indemnify us where you breach the Terms
You agree to indemnify and hold us harmless from any demands, loss, liability, claims or expenses arising out of your use of or in connection with your use of the Platform contrary to the Terms.
8.3 Application of the Australian Consumer Law
We have certain obligations and you have certain rights under the Australian Consumer Law. We do not exclude or limit our liability to you where it would be unlawful for us to do so under that law or any other Australian law. Under the Australian Consumer Law, consumer guarantees apply in respect of Orders of goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.
Pursuant to section 64A of the Australian Consumer Law, the following applies in respect of any of the goods or services supplied under the Terms which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (unless you establish that our reliance on the following would not be fair and reasonable). Liability for breach of a guarantee conferred by the Australian Consumer Law, other than those conferred by sections 51 to 53 of the Australian Consumer Law, is limited:
(a) in the case of goods, to any one of the following as determined by us:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services, to any one of the following as determined by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
8.4 Our total liability to you
Our total liability to you under the Terms, in negligence and/or otherwise, is limited to the fees or charges paid for the Subscription(s) and/or Products Ordered which are subject to the relevant claim for loss or damage suffered by you.
You must not and must ensure that your Authorised User(s) that use your Member Account or any Subscription do not, and you and your Authorised User(s) must not attempt to, change, add to, remove, deface, hack or otherwise interfere with the operation of the Platform or any material or content displayed on the Platform unless you are authorised by us to do so.
Subject to clause 4.1, if you do not have an active Subscription you must not (and must not attempt to) access any Premium Content.
You must not:
(a) impersonate another person on the Platform;
(b) provide inaccurate information about your identity on the Platform;
(c) do anything unlawful, misleading, fraudulent or for an illegal or unauthorised purpose;
(d) interfere with or impair the operation of the Platform or other individuals’ legitimate use of the Platform;
(e) use or attempt to use any automated computer program (e.g. a bot or web scraper) to access the Platform;
(f) enter, upload or post any content to the Platform that is bullying, harassing, defamatory, objectionable or explicit in nature;
(g) attempt to buy, sell or transfer your Subscription, Member Account or login details to another person;
(h) post private or confidential information about yourself or any other person; or
(i) use the Platform to violate any other person’s rights, including intellectual property or moral rights.
We do our best to ensure the Platform is accessible at all times. However, from time to time the Platform may not be accessible or may suffer service degradation due to scheduled maintenance such as software patches, platform upgrades and configuration changes, disaster recovery operations and/or failures or service degradation of third party systems outside the Platform infrastructure.
11.1 Content on the Platform is not professional advice
Content on or available via the Platform, including content in Products, does not constitute legal, financial or business advice, is not intended as a substitute for and should not be relied on as such. You should seek professional legal, financial or business advice (as appropriate) in relation to your business’ circumstances.
11.2 Who owns intellectual property?
Unless otherwise noted, all intellectual property rights in software in the Platform including any source code in the Platform, any visual content or copy displayed on the Platform and the Business Australia logo are our property (or property of our licensors). You agree not to reproduce, transmit, distribute, disseminate, sell, publish, broadcast or circulate materials comprising the Platform or any of our intellectual property without our express prior written consent.
11.3 Intellectual property rights in content
For all Products and if your Subscription includes access to Premium Content in the form of articles, guides, videos, podcast episodes and/or webinar recordings, we (and/or, as applicable, our licensees) reserve all intellectual property rights in such.
However, for business templates that constitute or comprise intellectual property, your ‘purchase’ of (or, under a Subscription, access to) such content means that we grant to you as a Member (and your use is subject to) a non-exclusive, non-transferable, revocable, worldwide licence to use, copy and/or exploit our intellectual property rights in that template for your internal business use. This licence allows you to customise the document to suit your needs. However, this licence does not include a right to sub-license, on-sell or re-sell any template or other content obtained from the Platform in whole or part.
11.4 Third party websites
The Platform and digital content accessible or downloadable from the Platform may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, we do not control, endorse, sponsor or approve any such third party websites or their content. We do not provide any warranty or take any responsibility for any aspect of those websites or their content.
13.1 Nobody else has any rights under the Terms
The Terms are between you and us. No other person has any rights to enforce any of its terms.
13.2 Even if we delay in enforcing the Terms, we can still enforce them later
If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breaching the Terms, that does not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.3 Which law applies to the Terms and where you may bring legal proceedings
The Terms are governed by the laws applicable in the State of New South Wales. Both you and we are subject to the jurisdiction of the courts of the State of New South Wales.
Should a dispute, controversy or claim arise between you and us out of, relating to or in connection with the Terms, both parties must first negotiate in good faith to resolve the dispute. If (and only if) the dispute is not resolved after 15 Business Days of negotiation either party may submit the dispute to arbitration at the Australian Disputes Centre (ADC). The arbitration will be conducted in Sydney in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to ADC (ADC Rules). The ADC Rules are hereby incorporated into the Terms.
Nothing in this clause 13.3 prevents either you or us from seeking urgent equitable relief before an appropriate court.
In the Terms unless the context otherwise requires:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Authorised User means an employee or officer of the Member who has been expressly authorised by that Member to access and/or operate the Member’s Member Account on behalf of the Member and who has agreed to the Terms prior to accessing the Platform;
Business Australia, we, our or our means NSW Business Chamber Limited (ABN 63 000 014 504) whether we trade under the trading name ‘Business Australia’, ‘Business NSW’ or another trading name;
Business Day means a weekday that is not a public holiday in the State of New South Wales;
Member means an entity (whether an individual, body corporate or otherwise) that, under and in accordance with the terms of our Membership Terms and Conditions https://www.businessaustralia.com/membership-terms-and-conditions, and our Constitution https://www.businessnsw.com/about/Governance/constitution is a member of Business Australia and has a Member Account;
Member Account means the account you may use to access and interact with the Platform and purchase a Subscription;
Membership means the status of being a Member;
Order means a request by you to take out a Subscription or purchase a Product via the Platform;
Platform has the meaning given to that term in clause 1.1;
Premium Content means any Product access to which is, subject to clause 4.1, restricted by us to authenticated Members with an active Subscription and their Authorised User(s) (i.e. ‘subscriber-only’ content);
Privacy Act means the Privacy Act 1988 (Cth);
Product means digital content (including Premium Content) and/or a service (access to which we may or may not offer as a benefit associated with a Subscription) that we offer to you for purchase on the Platform;
Subscription means an arrangement to obtain access to Premium Content (as per the Subscription option detailed in the Order) as a Member for a specific period of time; and
you means you as a Member or as the Authorised User, as the case may be.
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