In this document:
“Agreement” means these terms and conditions, as amended by us from time to time.
“Confidential Information” means, in relation to the parties and their respective businesses, all information, recorded and retained by all means, including but not limited to, oral, written or electronically stored, which relates to all or any of the following:
(a) technical know-how, ideas, research, discoveries, inventions, practices, systems, formulae, drawings, confidential contracts, trade secrets, special purpose computer programmes, financial, marketing and/or other information and data;
(b) their respective employees, consultants or third party’s technical know-how, ideas, research, discoveries, inventions, practices, systems, formulae, drawings, confidential contracts, trade secrets, special purpose computer programmes, financial, marketing and/or other information and data;
(c) management, policies, strategies, practices and procedures; and
(d) all other information concerning each party or their respective businesses that would generally be regarded as confidential.
“Panel” means the on-line business panel moderated by a group of professional advisors in areas of businesses stated under the heading “services” in this website, which the members (only) may access to seek information on business related enquiries they send to us via this website.
“Services” means the online library of business forms and documents and the Panel, as amended by us from time to time.
“we” “us” and “our” refers to Holland Consulting Pty Ltd A.C.N 113 761 434, a company registered in New South Wales, Australia, trading as “Bizpanel” and is the registered owner of this website.
Our Right to Change these Terms and Conditions
We reserve the right to amend this Agreement at any time and your use of this website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access this website you read these terms and conditions.
1. In order to access the Services provided on this website, you must become a member of this website.
2. You can become a member of this website by being a Gold Membership holder. The features and fees for Gold Membership are stated in this website. We reserve the right to amend these features and fees at any time and your use of this website following any amendments will represent your agreement to be bound by these features and fees as amended. Though, we will endeavour to give you reasonable notice of any amendments prior to making them, we are not obliged to and, therefore, recommend that each time you access this website you read the features and fees in it.
4. You agree to ensure that all information you provide, including in your registration form, are true and accurate at all times and you undertake to update your these information from time to time when they change.
5. You agree that your act of submitting the registration form is sufficient for you to be bound by this Agreement, including, your acceptance of the fees (and charges, if any).
6. Upon receipt of your registration form, we will consider whether or not to accept you to be a member of this website. We will make this decision and no one else. We may decide not to accept you as a member if, we believe that the information you provided in the registration form are insufficient, untrue or inaccurate. If this is the case then, we will let you know by email sent to the email address you provide in the registration form and, if the information you provide is insufficient then, we will guide you on further information we will need to reconsider our decision to accept you as a member.
7. If we accept you to be a member then, we will provide you with a password and username via an email. On registration, you will pay to us the fees and charges (if any) in the manner stated in this Agreement..
8. We reserve the right to terminate your membership at any time if you breach these terms and conditions.
9. Our Services are provided to adults over the age of eighteen (18) years. By proceeding to become a member, you acknowledge that you are over 18 years of age.
10. As part of the Services, we will give you access to the Panel.
11. When using the Panel, if you send an enquiry via this website concerning a matter in any areas of business stated under the heading “services” in this website, we will direct your enquiry to the relevant professional advisor in the Panel who will respond to your enquiry via the website within a reasonable time from when you send your enquiry, and the words “reasonable time” means not more than twenty-four (24) hours.
12. Any information you receive when using the Panel, including those sent by the advisors, will be general information only. You should not consider them to be professional advice and not rely on them solely to make any business.
13. The fees list can be accessed from this website. We endeavour to ensure that the fees list is current. We reserve the right to amend the fees at any time.
14. All fees and charges (if applicable) are in Australian Dollars (AUD) and are exclusive of GST.
15. The fees will be charged on a monthly basis starting from the date we inform you that we accept you to be a member of this website in the manner stated in clause 7 and thereafter, every seven (7th) day of each month whilst you are a member.
16. The fees will be directly debited from the bank or credit card account details that you provide in the registration form. If the fees are not paid within the period stated in clause 15 then, we will charge you interest at the rate on the day when the fees are due charged by Commonwealth Bank of Australia plus five (5) points. Therefore, you should ensure that there are sufficient funds available in your bank account at the due dates for payment of the fees.
17. As an incentive for members, if you do not use the Services, including the Panel, during any month whilst you are a member, we may but are not obliged to reimburse to you an amount equivalent to the fees that we would have charged had you used the Services, including the Panel, during that month. We will decide the manner in which you will be reimbursed. For example, we may credit the amount into your bank account, send you gift cards equivalent to the fees not charged during that month or any other manner as we think appropriate.
18. When you become a member, we will provide you a limited licence to access and use the information for personal use.
19. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of this website’s content in any other way infringes our intellectual property rights.
20. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
21. The licence to access and use the information on this website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror this website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of this website.
22. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on this website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
23. You may link this website only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of this website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
24. The copyright to all content on this website including applets, graphics, images, layouts and text, as well as, Confidential Information including, information you receive from accessing the Panel and, online library of business forms and documents belongs to us or we have a licence to use those materials.
25. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to this website does not license you to use those marks in any commercial way without our prior written permission.
26. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If, in future, we use your Comments in promoting this website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
27. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
28. All information given by either party (the “Disclosing Party”) to the other (the “Recipient”) or otherwise obtained by the Recipient relating to the Disclosing Party’s business or operations or of any person, firm, company or organisation associated with the Disclosing Party (except for information which is in or enters the public domain other than by breach of this clause) will be treated by the Recipient as confidential and will not be used other than for the benefit of the Disclosing Party, and will not be disclosed to third parties without the Disclosing Party’s prior written consent, except to the extent required by law or for the purposes of performing its obligations or enforcing its rights under this Agreement.
29. Clause 24 will remain in full force and effect notwithstanding any termination of this Agreement.
30. Whilst we take all due care in providing the Services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
31. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
32. We also take all due care in ensuring that this website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of this website or any linked website.
33. From time to time we may host third party content on this website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
34. From time to time, we will advertise promotions in the website for its visitors where if they become members of the website then we will give away prizes to them, such as, free accommodation, free travel and so forth. These promotions will change from time to time and you will be eligible for the promotion that is advertised in the website at the time you submit the registration form and we accept you as a member in the manner stated in this Agreement. These promotions are advertised by us but the prizes are provided by third parties. Therefore, we will not be responsible for any terms of or provide any warranty (either express or implied) for such third parties.
35. As part of the Services, you will have access to and use of the Panel where you will be receiving information from third parties, such as, professional advisors. Whilst we take all due care in having the best professionals in their business areas of service to provide you with information, we do not provide any warranty either express or implied including without limitation warranties of true and accurate information provided to you, on their or any other third parties behalf.
36. Whilst we will endeavour to answer your enquiries appropriately and in a proper manner, at times we may not be able to answer all of them. If, for example, your enquiries are specific to subject matters that we and the professional advisors in the Panel do not have knowledge in, may require you to provide to us further and specific information, may require further research by us and/or the professional advisors in the Panel, or are not the usual subject matters that other members of the website enquire about we receive. In these and other similar circumstances, we will let you know by email that your enquiries cannot be responded to within the Gold Membership fees. If so, then we will advise you that:
(a) for us to provide you with an appropriate responses, there will be at additional fees (and state the amount) and, if you agree then we will answer your enquires and will charge you the additional fees, in accordance with this Agreement; or
(b) we can refer you to a professional advisor that may be able to appropriately answer your enquiries on your specific subject matters and provide you with their details for you to contact directly.
Limitation of Liability
37. To the full extent permitted by law, our, including our employees, our agents and our contractors (including without limitation, the advisors referred to in the Panel), liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
38. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from the Services.
39. By accessing this website, you agree to indemnify and hold us, our employees, our agents and our contractors (including without limitation, the advisors referred to in the Panel), harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of this website.
40. These terms and conditions are to be governed by and construed in accordance with the laws of NEW SOUTH WALES and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NEW SOUTH WALES and you agree to submit to the jurisdiction of those Courts.
41. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
42. We undertake to take all due care with any information which you may provide to us when accessing this website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.