2. THE PARTIES AND IMPORTANT TERMS
“BANetwork” means Business Advisor Network Limited and any related entities and affiliates. Business Advisor Network Limited is a company limited by guarantee registered in Australia, ACN 122 003 758 PO Box 1289, Aspley QLD 4034.
“you” includes, where the context permits, anyone acting on your behalf or with your express or implied authority.
“Site” means businessadvisor.net.au or any other website owned by BANetwork.
“Points” means the virtual currency used for transactions on the Site instead of money.
“Registrant” means any registered user of the site(s).
“Item” means a business lead, business prospect, business referral, business opportunity or similar description.
“Product” means a printed book, DVD, CD, or other physical item not deliverable electronically.
“Member” means a member of the site or group on the site and not a member of the entity BANetwork.
3. RIGHT OF USE
- your use of the Site is solely for your personal, noncommercial use;
- you will not copy or distribute any part of the Site in any medium without BANetwork’ prior written authorisation;
- you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and
4. INTELLECTUAL PROPERTY
4.1 The content on the Site, except all User Submissions (as defined below), including without limitation, the text, graphics, photos created by and for BANetwork and the interactive features (“Content”), the trademarks, service marks, logos and domain names contained therein (“Marks”) are owned by or licensed to BANetwork, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. The Content and Marks on the Site are provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of BANetwork or as expressly provided herein. BANetwork reserves all rights not expressly granted in and to the Site and the Content and Marks contained therein.
4.2 You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content or Marks for personal use, you must retain all relevant copyright and other proprietary notices. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or Marks or enforce limitations on use of the Site or the Content or Marks therein.
5. REGISTRATION ELIGIBILITY
5.2 Our services are only available to, and may only be used by, individuals (that is, natural persons and not corporate entities) who can form, legally binding contracts under applicable law (18 years of age and over) or, if those individuals are 15 years of age and over, they have parental or guardian consent. If you are under 15 years of age or do not qualify, you must not use the Site.
5.4 Your Registration is not transferable. Your BANetwork account (including feedback) may not be dealt with in any way. In particular, you must not allow others to use your account, nor must you use another’s account, except with express permission and you must not transfer or sell the account to another party. While you are a Registrant you must maintain control of your account.
6. THE ROLE OF BANetwork
6.1 YOU ACKNOWLEDGE AND AGREE THAT BANetwork IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. AS A RESULT, BANetwork HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR SITE, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF BUYERS TO BUY ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A REGISTRANT OR BROWSER OF OUR SITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR SITE.
6.2 When you enter into a transaction you create a legally binding contract with another member. You are responsible for ensuring that you comply with your obligations to that other member. If you do not, you may become liable to that member. You must ensure that you are aware of any laws relevant to you as a buyer or seller or offerer or laws for such other uses you make of our Site. If another Registrant breaches any obligation to you, then you, and not BANetwork, are responsible for enforcing any rights that you may have.
6.3 Except as specifically advised otherwise on our Site, BANetwork does not offer any form of insurance or other buyer or seller protection which will assist you, because our Site merely provides the online venue for members to offer, sell, and buy items for Points and we are not otherwise involved in the transactions and interactions between buyers and sellers. Any disputes must be resolved between the buyer and the seller and we will only become involved as set out below.
6.4 Registrant identification is based on Facebook or other social network data or direct registration data and BANetwork cannot and does not confirm a member’s purported identity. To assist, we have established a member-initiated feedback system to help you evaluate the Registrant you choose to deal with. We also encourage you to communicate directly with potential trading members through the tools available on our Site. Members agree to exercise their own caution in relation to the identity and reliability of other members.
6.5 Since BANetwork is not involved in the actual transaction between buyers and sellers then to the extent permitted by law BANetwork specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.
6.7 We send you communications and notices regarding your transactions and your account on our Site. They do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other members sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other members to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safe trading when using our Site. Please note that there are risks in using our Site, including dealing with under age persons or people acting under false pretenses. Additionally, there may be risks with international trading and dealing with foreign nationals.
7. LISTING AND TRANSFERRING.
7.1 You must legally own or be authorised to sell and be able to sell any item you list for transfer on our Site. You must describe your item fully and accurately on the listing page of our Site. Your listings may only include text descriptions, pictures and other content relevant to the transfer of that item, including any information that you are required to provide by any applicable law. The listing and the content of the listing, including, but not limited to, any photographs, must be your own work or work that you are legally entitled to use. All listed items must be listed in an appropriate category and all listing questions must be answered accurately and correctly.
7.2 When you list an item for transfer on the Site you are offering the item described, for transfer at the final price indicated in the auction in Points. Once your item has been purchased by another Registrant the transfer cannot be cancelled and you are legally bound to complete the transfer to the buyer. If you do not complete a transaction without lawful excuse you may be in breach of your obligations to both BANetwork and the buyer and you may be liable, in addition to being attributed with negative feedback on the Site. You will be entitled to receive your Points for the transfer when the buyer has entered the Feedback about the Item. Your feedback rating as a seller will be indicative of your performance in relation to seller responsibilities on the Site.
7.3 Without limiting any other remedies available to BANetwork at law, in equity or under this agreement, BANetwork may, in its sole discretion, suspend or terminate your Registration if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of, our Site, and you will have no claim whatsoever against BANetwork in respect of any such suspension or termination of your Registration.
7.4 You must not, by any means, infringe the rights (including intellectual property or privacy rights) of others. Examples of prohibited conduct include listing or selling business opportunities without their authorisation and counterfeit items regardless of how you describe them. BANetwork has a ‘no tolerance’ policy in regard to listing items that might infringe privacy, copyright, trademark or other intellectual property rights of third parties. Where an alleged rights owner reports infringing items and asks BANetwork to remove them, those items shall be removed forthwith without further investigation or any compensation for the seller and BANetwork may suspend or terminate your registration.
9 THE VIRTUAL CURRENCY – POINTS
9.1 Points are the virtual currency of BANetwork which operates like a small economy of its own. Each Point is nominally valued at between AUD$0.75 and AUD$1.50 but the exchange rate may vary based on the source and quantity of the Points. Points may not be redeemed or exchanged for cash (except as provided below), nor may they be transferred to another Registrant (other than by way of a purchase/sale transaction). Points do not constitute property of the Registrant and are not transferable upon death, as part of a family law matter or otherwise by operation of law.
9.4 BANetwork reserves the right to issue bonus or top-up Points as promotional offers to members at large or selectively to certain BANetwork members at any time, based upon account activity, geographic locations, Registration participation or any other criteria determined at the sole discretion of BANetwork. BANetwork reserves the right to establish additional means of issuing Points including making Points available by way of a loan, to require loan repayment or to delete any or all of the means currently recognised, or to exclude specific types of transactions from the accumulation of Points.
9.5 Points are automatically allocated to a member’s account when they sell an item and the buyer accepts the item, when Points are issued by additional means or the Registrant purchases Points for cash in order to complete a transaction. The sale of Points by BANetwork to members is for the purpose of providing virtual currency finance to the members.
10. SUBSCRIPTION CHARGES
10.1 For the current fees for products, services and other features offered in connection with the BANetwork sites, please go to the relevant BANetwork site. BANetwork reserves the right to change the fees it charges for products, services or features offered in connection with the BANetwork Sites, or introduce new fees, from time to time. If such a change increases the price payable by you for your existing products or services (including your subscription), BANetwork will provide you with no less than one month’s prior notification of any such change. If you object to any such change, your only remedy is to cancel your subscription before 14 days after the change comes into effect (in which case, no cancellation fee will apply). If you do not cancel your subscription within that period, you will be deemed to have accepted the change.
10.2 Unless stated otherwise by BANetwork, in order to register for or purchase a service or product, you must submit valid credit card or direct debit details. Valid payments will be processed immediately or, if applicable, immediately upon the expiry of your free trial subscription. If you are paying by direct deposit then your subscription commences on the day that your deposit is banked by us. If, subsequently the direct deposit you sent is not cleared, your subscription will be cancelled and you will have to make a new payment. Whether you pay by credit card or direct deposit, you will be given notification via email of the commencement of your subscription.
10.3 Unless you notify us otherwise, subscription fees and all other fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card or direct debit you provide when registering for the applicable service. If you do not notify us of changes to your billing details, BANetwork will assume that all of the information related to your credit card or direct debit remains valid and will submit to the card processor or bank all information that it requires for approval.
10.4 If any subscription fees or other charges billed to your credit card or direct debit are not processed for any reason, BANetwork shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including legal fees) incurred by BANetwork in collecting any unpaid subscription fees or other charges from you. If payment in full is not received from you, BANetwork reserves the right to cancel your subscription. Subscription fees will apply whether or not you actually use your subscription.
10.5 Unless stated to be otherwise, charges referred to for use of any services provided by BANetwork are GST inclusive. Where GST applies, BANetwork will issue you with a Tax Invoice at the end of the tax year upon your request (which can be made to Customer Service). GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the “Act”). Tax invoice means tax invoice as defined by the Act.
10.6 Subject to any conditions and cancellation fees noted below, you may cancel your BANetwork Site subscription at any time by emailing customer service on [email protected] You cannot suspend your subscription to any BANetwork Site, product or service. No refund will be paid (and no cancellation fee will apply) in relation to BANetwork Site month-to-month subscriptions, trial subscriptions, or yearly subscriptions cancelled within the first 6 months after the subscription start date.
If you cancel a yearly subscription or an annual payment plan after the first 6 months after the subscription start date you will generally be entitled to a pro-rata refund for any unused months, however, you will also be liable for a cancellation fee of $22 for each unused month remaining on the subscription. Annual subscriptions or annual payment plans that include the provision of third party products are subject to the third party subscription terms and those components may not be cancellable without the third party’s written agreement, which we will endeavour to obtain on you behalf.
Month-to-month subscriptions will continue until the next billing date after you notify us that you wish to cancel your subscription (provided you give us at least 72 hours notice prior to your next billing date). For the purposes of these Subscription Terms, “billing date” means the date in any month that you commenced your subscription (for example, the 15th of each month).
10.7 Subscription fees are non-refundable. BANetwork may however, at its sole discretion, agree to refund any amounts in exceptional circumstances.
10.8 You understand that unless you notify us that you wish to cancel your subscription before the end of your the current subscription term, your subscription will automatically be renewed for successive terms of the same duration and your credit card or bank account direct debit will be charged for each such renewal at the subscription fee in effect at the time of that renewal. The term “Subscription Term” shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.
10.9 For yearly, up front paid, subscriptions, we will contact you within a reasonable time before the expiry of your subscription term to give you the opportunity to OPT OUT of renewing your BANetwork Site subscription for a further year. If you fail to opt out, your subscription will automatically renew on the subscription expiry date, at the then current yearly subscription rate, and you will be charged accordingly.
10.10 You may upgrade your paid subscription (if these options are available) at any time by emailing [email protected].
10.11 When you provide us with notice to cancel any of your BANetwork Sites subscriptions, you will still be registered for and have access to the public website at no charge.
10.12 BANetwork may immediately cancel your subscription, without notice or liability (including for any refund or credit to you), if we determine, acting reasonably, that: (i) you have breached any portion of these Subscription Terms or the general terms and conditions for use of the BANetwork Sites or (ii) your use of or access to the BANetwork Site(s) violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the BANetwork Sites or any other service offered by BANetwork on the BANetwork Sites.
BANetwork also reserves the right to cancel your subscription for any reason, provided that we give you written notice of such cancellation and, in the event of cancellation, pay you a pro-rata refund for the outstanding portion of your subscription. None of the foregoing limits any other legal, equitable, or contractual rights available to BANetwork.
10.13 If you are the recipient of a gift or promotional subscription to a third part product or service, you acknowledge that your subscription may be administered by the third party provider and may therefore be altered or cancelled at any time by such third party provider. You may upgrade your gift or promotional subscription at any time at your own expense, however, if your underlying subscription is cancelled by the third party provider you will need to renew the subscription at your own expense in order to also continue with your upgrade.
10.14 If you receive a free trial subscription to a BANetwork Site (“Trial”), it will begin on the date on which BANetwork accepts your registration. During the Trial you will not be charged a subscription fee. You may cancel or opt-out of the Trial prior to the expiry of the Trial online by emailing admin<at>businessadvisor.net.au.
However, if you do not cancel or opt out during the Trial, you will be automatically rolled onto a paid subscription upon expiry of the Trial (either a month to month subscription or yearly subscription, depending on the option you have selected) and you will be charged accordingly.
If you have previously received a Trial, you will not be eligible to receive another Trial. You understand that the Trial may not include certain information, functionality or services, as specified from time to time.
11.2 You may not do (or omit to do) anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your Registration at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating or any feedback given by you.
11.3 You acknowledge that your feedback consists of ratings left by other members and a composite feedback score compiled by BANetwork, and that the composite number without the relevant comments does not convey your full user profile. Because feedback ratings belong to BANetwork and are not designed for any purpose other than facilitating trading between BANetwork members, you may not use your BANetwork feedback (including, but not limited to, marketing or exporting your rating or feedback comments) in any real or virtual venue other than a website operated by BANetwork or its related and affiliated entities.
11.4 We do not provide the technical ability to allow you to import feedback from other websites to the Site because a composite score, without the corresponding feedback, does not reflect your true online reputation within our community.
11.5 Any feedback scores may be amended at any time in the absolute discretion of BANetwork.
12. DISPUTES BETWEEN BUYERS & SELLERS
12.1 You can only dispute the accuracy of the information provided about the item. The success of the buyer in gaining revenue from the use of the item is NOT considered a valid dispute. Action initiating a dispute should be taken as soon as possible after buying an item, if you are a buyer, or as soon as possible after the item sent, if you are a seller (the “Cause of Action”). At first instance it is the responsibility of the aggrieved Registrant to the dispute to contact the other and work out a solution and this is achieved using the feedback process provided on the site. Negative feedback is considered a dispute and points will be held in escrow until resolved. Feedback must be provided within 24 hours or points will automatically flow from the buyer to the seller. Often problems arise because of a misunderstanding and can be resolved by subsequent clear communication. The members should confirm the dispute resolution with BANetwork together with any agreed reallocation of Points. If the dispute is still unresolved after 28 days from the Cause of Action then the aggrieved Registrant can contact BANetwork no later than 60 days after the Cause of Action, and BANetwork will be the final arbitrator of the matter. Factors taken into account by BANetwork in resolving the dispute will be
- accuracy of the information listed about the item
- whether the accused Registrant responds to and communicates freely with the aggrieved member
- previous feedback scores of both members
- any other factors deemed relevant by BANetwork.
The decision of BANetwork, in resolving the dispute, shall be final and binding on the respective members.
13.1 If you have a complaint regarding the Site, you can contact us by email via the ‘Contact us’ page. We will deal with complaints as fast as we can.
14. RIGHT OF BANetwork TO ALTER CONTENT & FEEDBACK
14.1 BANetwork reserves the right:
- to suspend or permanently remove any listing without warning;
- to alter or edit any listing without warning but not to alter the number of Points charged for an item;
- to alter, amend or remove any feedback ratings that you may leave on the Site;
- to freeze or delete a member’s account;
- to debit or credit a member’s account as a result of a dispute.
15. YOUR PROMISES
15.1 You promise that:
- you will indemnify BANetwork against all costs (including legal costs on a full indemnity basis) and liabilities that BANetwork may incur as a result of you failing to observe any of these terms;
- you are over 18 years of age or that you are over 15 and have the permission of a responsible adult to use the Site and to enter into transactions with other members;
- you are who you say you are;
- you are a private individual – two or more people may not share a BANetwork account;
- you will not use the account of any other Registrant to access the Site except with their express permission;
- you are the legal owner of any item you make available for sale on the Site;
- you took the pictures of the item you are offering for sale or have the permission of the person who did take the pictures to use them on the Site;
- any picture that purports to be of an item you are making available for sale is indeed a recent picture of the item and that the item has not materially changed since the picture was taken except insofar as your entry makes it clear how it differs;
- everything you say about any item you make available for sale on the Site is accurate and in no way misleading;
- you will only sell items that identify with the categories within the item upload page;
- you will only list and sell items that are in good condition and without defects other than gentle wear and tear.
- you will not list the same item concurrently;
- you will promptly remove an item that you no longer own or have in your possession (other than as a result of a sale on BANetwork) or any item that is no longer in good condition.
- anything you say in an entry for sale of an item and in any messages you send to another Registrant is lawful and in no way illegal, immoral, offensive, discriminatory, harassing or in any way likely to damage the reputation of BANetwork;
- you will do nothing that is illegal and in particular you will not sell counterfeit goods on BANetwork;
- you will ensure that any content you upload including pictures has been passed through an up-to-date virus checker and that your content will not infect or otherwise cause any material adverse effect on the operation of the systems of BANetwork or any of its members;
- you will not do anything that will undermine the feedback rating system and make it less accurate and helpful as a tool for other members;
- you will not use BANetwork to bombard, harass or stalk another member;
- you will not do anything that may tend to damage the reputation of BANetwork;
- you will not attempt to use the Site to collect or harvest email addresses.
- you will not intervene with or disrupt the functioning of the Site in any way;
- you will not copy, reproduce or re-distribute the content of the Site without our prior written consent;
- you will never use another member’s personal information for any purposes other than for use within a transaction.
- you will not upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, that infringes or violates any patent, copyright, trademark, trade secret or other property right;
- you will not breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship
- you will not engage in behaviour that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- you will not engage in any activity that constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
- you will not violate or encourage others to violate any applicable law, statute, ordinance or regulation;
- you will not promote software or services that deliver unsolicited e-mail, or
contains viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
- you will not, except with BANetwork’s express advance authorization, upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address;
- you will not harm minors in any way or solicit personal information from anyone under 18;
- you will not provide false or deceptive information;
- you will not use BANetwork content to engage in commercial activities on the Site or elsewhere;
- you will not delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so;
16. YOUR INFORMATION
16.1 “Your Information” means any item you list as well as any information you give to us or other members in the registration or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the descriptions of items you list for transfer on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).
16.2 You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.
- be false, inaccurate or misleading or deceptive;
- be fraudulent or involve the transfer of counterfeit or stolen items;
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
- be defamatory, libellous, threatening or harassing;
- be obscene or contain any material that, in BANetwork’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
- contain any content that is prohibited or that, in BANetwork’ sole and absolute discretion, may be prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth);
- contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any BANetwork website, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
- link directly or indirectly to or include descriptions of goods or services that:
- are prohibited under this agreement;
- are concurrently listed for transfer on a web site other than BANetwork’s (this does not prevent linking to or advertising an BANetwork item from another web site); or
- you do not have a right to link to or include.
16.5 The interactive nature of postings on BANetwork makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by BANetwork users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as “User Submissions”) are not endorsed by BANetwork, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Site. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Site are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
16.6 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to BANetwork, you hereby grant BANetwork a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and BANetwork’ (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from the Site.
16.7 If you choose to post User Submissions on BANetwork web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of BANetwork reflects your respect for the legal rights of users connected with BANetwork. You understand that BANetwork does not guarantee any confidentiality with respect to any User Submission.
16.8 BANetwork expressly disclaims any and all liability in connection with User Submissions. BANetwork reserves the right to remove content and User Submissions in its sole discretion and without prior notice. BANetwork also reserves the right to terminate a user’s access to the Site at any time in its sole discretion and without prior notice.
16.9 BANetwork respects the intellectual property of others so in your use of and interactions with BANetwork and the Site, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes T-shirt and other designs. BANetwork reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright of others, and/or to terminate the accounts of members who we believe to be infringers.
16.10 If you believe that your work has been copied or posted on the Site in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel):
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit BANetwork to contact the complaining party, or their agent, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notices should be sent to:
Business Advisor Network Ltd
PO Box 1289
Aspley Queensland 4034
16.11 Any person who knowingly materially misrepresents that material or activity is infringing copyright may themselves be subject to liability.
17. ACCESS AND INTERFERENCE
17.1 You will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to BANetwork by our members or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior written permission of BANetwork or of the party authorised to grant such permission.
17.2 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Site in a manner that sends more request messages to the BANetwork servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BANetwork grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BANetwork reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
17.3 You agree not to collect or use any personally identifiable information including without limitation account names, email addresses, or other User Submissions (as defined), from the Site, nor use the communication systems provided by the Site for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Site.
18. MODIFICATIONS TO THE SITE
18.1 We will schedule planned downtime of the Site at off peak hours to minimise the disruption and inconvenience to members but we cannot guarantee access to the BANetwork website 100% of the time and can accept no responsibility for losses arising from any downtime.
20.1 BANetwork may, under certain circumstances and without prior notice, immediately terminate your BANetwork account and access to the Site and any other BANetwork services. Cause for such termination shall include, but not be limited to:
- requests by law enforcement or other government agencies;
- a request by you (self-initiated account deletions);
- discontinuance or material modification to the Site (or any part thereof);
- unexpected technical or security issues or problems;
- extended periods of inactivity;
- engagement by you in fraudulent or illegal activities; and/or
- non-payment of any fees (if applicable) owed by you in connection with the Site or any other BANetwork product.
20.2 Termination of your BANetwork account includes:
- removal of access to all pages within the Site;
- deletion all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and
- barring of further use of the Site.
20.3 Further, you agree that all terminations for cause shall be made in BANetwork’ sole discretion and that BANetwork shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site.
21.1 WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO BANetwork AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), REMOVE YOUR LISTING AND ANY OTHER CONTENT, DELAY LISTING YOUR ITEM, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE (INCLUDING BUT NOT LIMITED TO BUYING, SELLING AND CONTENT POSTING ACTIVITIES), SUSPEND YOUR USE OF OR REMOVE YOUR POINTS, TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR REGISTRATION AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:
- we are unable to verify or authenticate any information you provide to us;
- we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our members, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
- if we reasonably believe that any of Your Information (which includes an item listed on the Site) is inappropriate or of an offensive nature.
21.2 For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your Registration or your account other than those that are already provided to you by us.
22. WARRANTY DISCLAIMER
22.1 YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BANetwork AND ANY PARENT, SUBSIDIARY, AFFILIATE, RELATED ENTITY, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF BANetwork DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
22.2 99 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY :
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
- ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE.
- ANY OTHER MATTER, THING, OMISSION OR EVENT RELATED TO THE SITE.
22.4 BANetwork AND OUR AFFILIATES AND RELATED ENTITIES PROVIDE OUR SITE AND SERVICES ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND RELATED ENTITIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT UNLESS WE ARE REQUIRED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW.
22.5 To the extent that BANetwork and all affiliates and related entities of BANetwork are able to limit the remedies available under this agreement, BANetwork and all affiliates and related entities of BANetwork expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the remedies (the choice of which is to be at BANetwork’s sole discretion) in the case of goods, to their replacement or the cost of their repair or replacement and, in the case of services, to the supply of the service again or the payment of the service cost. If you are considered a consumer under an Australian consumer protection law that applies to BANetwork, and you use our services for personal, domestic or household use, this clause will not apply to you.
22.6 If you are a New Zealand resident and the New Zealand Consumer Guarantees Act 1993 would otherwise apply to you, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of our services or to this agreement.
23. LIABILITY LIMIT.
23.1 IN NO EVENT SHALL BANetwork OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF BANetwork, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY :
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
- ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR
- ANY OTHER MATTER, THING, OMMISSSIONOR EVENT RELATED TO THE SITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL BASIS, AND WHETHER OR NOT BANetwork IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
23.2 YOU SPECIFICALLY ACKNOWLEDGE THAT BANetwork SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
23.3 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT BANetwork AND ALL AFFILIATES AND RELATED ENTITIES OF BANetwork HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS’ ACTIONS.
23.4 TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY CONTRARY REQUIREMENTS ARISING UNDER ANY APPLICABLE LAW, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND RELATED ENTITIES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO AUD$100.
23.5 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of BANetwork and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation.
24. LEGAL COMPLIANCE
24.1 In addition to this agreement, you must familiarise yourself with, and comply with the domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services. In particular, you must ensure that your activities, items you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation.
24.2 Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
24.3 YOU ALONE, AND NOT BANetwork, ARE RESPONSIBLE FOR ENSURING THAT YOUR LISTING AND SELLING AND ANY OTHER ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT.
24.4 The Site is controlled and offered by BANetwork from its facilities in Australia. BANetwork makes no representations that the Site is appropriate or available for use in other countries. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
25. LINKED SITES
25.2 If you would like to provide a link to our Site then please check with us first. We reserve the right to decline at our discretion.
26. SOCIAL ASPECTS OF BANetwork
26.1 At BANetwork we recognise that members may strike up friendships and other relationships with other members. We urge you to exercise due caution since people may not be who they say they are on the internet and their being a Registrant of BANetwork is no guarantee of decency, reliability or honesty.
26.2 YOU SPECIFICALLY ACKNOWLEDGE THAT BANetwork SHALL NOT BE LIABLE FOR THE CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
27. NO AGENCY OR THIRD PARTY RIGHTS
27.1 No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this agreement. In particular you have no authority to bind BANetwork, its related entities or affiliates in any way whatsoever.
28.1 Except as stated otherwise, any notices must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or to Business Advisor Network Ltd, P.O. Box 1289, Aspley, 4034 Queensland, Australia, or to the email address you provide to BANetwork during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the last address you have provided to BANetwork. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For the purposes of this section, “Business Day” means a day on which banks are open for general business in Brisbane, Queensland, other than a Saturday, Sunday or public holiday.
29. MEDIATION AND DISPUTE RESOLUTION
29.1 Any controversy or claim arising out of, or in connection with, this agreement between BANetwork and you may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party’s election. You and BANetwork agree to be bound by the outcome of such mediation. Each party will bear its own costs (and split equally any joint costs) of mediating the dispute
30.2 This agreement may be assigned by BANetwork to a third party without your consent in the event of a sale or other transfer of some or all of the assets of BANetwork. In the event of any sale or transfer you will remain bound by the agreement.
31.1 This agreement will be governed in all respects by the laws of the Queensland, Australia. You and BANetwork irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
31.2 The provisions of this agreement are severable, and if any provision of this agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced.
31.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
31.5 This agreement may not be construed adversely against us solely because we prepared it.
31.6 This agreement sets out the entire understanding and agreement between us with respect to its subject matter and will survive any termination or expiration of this agreement.
31.7 You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
32. DELIVERY OF PRODUCTS
32.1 Business Advisor Network will deliver Products, Australia wide and internationally on request. All packages will be sent via Australia Post or other reputable delivery service.
32.2 Whilst all care is taken when packaging goods, should anything in your package be damaged during transit please advise us by calling +617 3105 9121 within 2 working days of receipt of goods to discuss your situation. Any damaged products that are of fault of Australia Post need to be left as they were delivered to you and taken to your local Australia Post branch for a claim to be filed.
32.3 All Postage and handling costs are noted at the time of placing your order.
32.4 We endeavour to have all orders dispatched within 3 workings days of your order being placed once payment has cleared into our account. If/when stocks are low, delivery may be delayed. If your order is urgent we strongly suggest you contact us to discuss your needs first to make sure that the products will be available in time for your required date before your order is placed. Unfortunately, we are unable to guarantee time of delivery.
32.5 It is the responsibility of the customer to inform BANetwork if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
32.6 Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion.
Without limiting the operation of any other Terms herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
33. REFUND AND EXCHANGE
33.1 All products sold by Business Advisor Network come a warranty against faulty manufacture as required under Australian law. BANetwork does not offer any type of refund on goods that have been wrongly selected or as a result of change of mind. Please feel free to contact us personally in regards to your individual situation should you wish to discuss refunds or exchanges in more detail.