Terms and Conditions

Please read carefully and completely the terms of the agreement which follows.

Disclaimer

By accessing the Small Business Australia Website and / or by using the services of the Business Advantage product through the Business Advantage website you agree to be bound by the terms of this agreement. If you do not wish to be bound to the terms of this agreement, you must not access the site.

To the maximum extent permitted by law, Small Business Australia will not be liable for any loss, damage, liability or claim whatsoever suffered or incurred by any person arising directly or indirectly out of the use or reliance on the information contained within this website or provided by employees or contactors that may, from time to time provide the services provided by membership of Small Business Australia and the Business Advantage product.

Legal disclaimers

Accuracy

Every effort is made to provide information that is accurate. However, materials contained in this website and through the Business Advantage membership package are subject to change at any time by appropriate action of Small Business Australia.

Information contained within this website or that provided by employees or contactors of Small Business Australia may be based on the relevant law and its interpretations by relevant authorities as it stands at the time the information is provided. Any changes or modifications to the law and/or its interpretation after this time could affect the information we have provided. We give no assurance or warranty that information is current and take no responsibility for matters arising from changed circumstances or other information or material which may affect the accuracy or currency of information on this site or that provided by employees or contactors that may, from time to time be engaged by Small Business Australia to provide the services provided by membership of Small Business Australia and the Business Advantage product.

Copyright

No legal or financial advice

The material contained on this website, provided in Small Business Australia newsletters, published on Small Business Australia social media accounts and that which may be provided by employees or contactors that may, from time to time be engaged by Small Business Australia to provide the services provided by membership of Small Business Australia and the Business Advantage service has been prepared and may be provided for informational and discussion purposes only. This information is of a general nature and has been prepared without taking into account any user’s specific business objectives, circumstances, financial situation or particular needs.

Any information provided in Small Business Australia newsletters, published on Small Business Australia social media accounts or that provided by employees or contactors that may, from time to time be engaged by Small Business Australia to provide the services provided by membership of Small Business Australia and the Business Advantage product should not be considered legal, financial or specific business strategy advice and is not intended to replace consultation with a qualified professional. Small Business Australia accepts no responsibility to any person who acts or relies in any way on any of the material without first obtaining specific advice with a qualified professional.

No warranties

This website and any advice provided by employees or contactors that may, from time to time, be engaged by Small Business Australia to provide the services provided by membership of Small Business Australia and to subscribers of the Business Advantage product is provided on an “as is”, “as available” basis without warranties of any kind, express or implied, including, but not limited to, those of title, merchantability, fitness for a particular purpose, non-infringement, or any warranty arising from a course of dealing, usage, or trade practice. No information provided on this site or that provided by employees or contactors that may, from time to time be engaged by Small Business Australia to provide the services provided by membership of Small Business Australia and to subscribers of the Business Advantage product shall create a warranty; nor shall members or visitors to this site or users of the Business advantage product rely on any information in reliance of any such warranties. Publications on this website or advice that which may be provided by employees or contractors engaged by Small Business Australia are not intended to be a contract, explicit or implied, and should not be taken as such.

Disclaimer of liability

The user assumes all responsibility and risk for the use of this website and the Internet generally. We accept no liability or responsibility to any person as a consequence of any reliance upon the information contained in this site or that provided by employees or contactors that may, from time to time, be engaged by Small Business Australia to provide the services provided by membership of Small Business Australia and subscribers to the Business Advantage product. Under no circumstances, including negligence, shall anyone involved in creating or maintaining this website or those providing advice to the subscribers to Small Business Australia and the Business Advantage product be liable for any direct, indirect, incidental, special or consequential damages, or loss profits that result from the use or inability to use the website and/or any other websites which are linked to this site or for any advice that may be provided. Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the website or provided ; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorised access. For States or Countries which do not allow some or all the above limitations of liability, liability shall be limited to the greatest extent allowed by law.

Online conduct

Visitors agree to use the website only for lawful purposes and are prohibited from posting on the website any unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Although in the absence of a specific complaint the postings are monitored for compliance with this provision, in an effort to discourage such conduct, please note that all postings in the forum area will list the author’s name and institution – no anonymous postings are permitted.

Third party content

We are distributors (Not Publishers) of the content supplied by visitors and other third parties. Accordingly, we have no more editorial control over this content than does a public library. Any opinions, advice, statements, services, offers or other information or content made available by members, visitors and other third parties are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse it in any way, we expressly disclaim any liability associated with material posted by third parties.

Disclaimer of endorsement

Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us. Nor is endorsement of us implied by such links. They are for convenience only, as an index in a public library.

Information subject to change

Any information on this website may include technical inaccuracies or typographical errors. Small Business Australia reserves the right to make changes in the information contained on this site from time to time without notice.

Disclaimer for liability for products of third parties

In connection with its advice and services (including any services provided through this website), or that provided by employees or contactors that may, from time to time be engaged by Small Business Australia to provide the services provided by membership of Small Business Australia and to the subscribers of the Business Advantage product, uses software, systems, technology and products supplied by third parties (whether disclosed or not). This includes information management systems, portfolio management systems and on–line information access systems (“Third Party Products”).

To the maximum extent permitted by law, Small Business Australia does not give any warranty in relation to Third Party Products, including any warranty as to features, performance or fitness for purpose of Third Party Products.

To the maximum extent permitted by law, Small Business Australia shall not be liable for any claim, action or breach arising in relation to Third Party Products.

Nothing in this clause affects or limits the operation of other terms of this disclaimer.

Security features

You agree to observe and maintain the confidentiality of all security features relating to use of the Website (including passwords, access arrangements etc) as notified. Small Business Australia will not be liable for any unauthorised breach or disclosure of the security features.

Indemnity

You agree to indemnify Small Business Australia and employees or contactors that may, from time to time be engaged by Small Business Australia to provide the services provided by membership of Small Business Australia and to the subscribers to the Business Advantage product. Small Business Australia, and its related and associated persons, including any partner, director, employee or agent of Small Business Australia, for any loss suffered or liability incurred arising from any unlawful, unauthorised or improper access or use of the Website or any breach of these terms by you or your employees, contractors or representatives.

Access

Small Business Australia does not guarantee constant availability of Website access or access to advice and accepts no liability for down time or access failure due to circumstances beyond its reasonable control (including any failure by ISP or system provider).

Links to other sites

The Site may contain links to other sites on the internet (“Linked Sites”). We are not responsible for the accuracy, legality, decency of material or copyright compliance of any Linked Site or services or information provided via any Linked Site.

Fair use policy

Business Policy – Fair Usage

Small Business Australia operates a fair usage policy (FUP). It is important to Small Business Australia that all eligible Small Business Australia customers (including subscribers to the Business Advantage product) can access our Services. Accordingly, we have devised a FUP which applies to all our Services. Small Business Australia may rely on this fair usage policy where your usage of the Services is excessive or unreasonable as detailed in this paragraph. Small Business Australia has developed a threshold for the Services provided (including those offered to Business Advantage subscribers) by reference to average customer profiles and estimated customer usage of the Services (particularly the estimated volume and length of calls likely to be made (the “Threshold”). If, at the absolute discretion of Small Business Australia, Small Business Australia is of the opinion, that your usage of the Services materially exceeds the Threshold over any period (to be determined at Small Business Australia’s sole discretion), Small Business Australia reserves the right to suspend, at its absolute discretion, modify or restrict your use of the Services or to withdraw your access to the Services entirely.

Subscription and Renewal Terms

The initial Subscription Term will commence and expire in accordance with the start date and end date communicated to you by email upon payment of the advertised fee.

At the conclusion of, or close to, the end date of the current subscription period we will communicate to you options for extending / renewing your subscription.

From time to time partners may seek to offer free subscriptions to their clients. Such subscriptions will commence and expire in accordance with the start date and end date communicated to you by email from the partner inviting you to activate the offer and you consequently activating the subscription as offered and also by your acknowledgment and agreement to the terms and conditions set forth in this document.

You may cancel your subscription at any time during the subscription period, this includes subscriptions commenced via activated discount offers from partners.

To cancel such subscriptions please email using the contact details provided on the website.

Note: Before such actions that may be taken by Business Advantage to cancel your subscription you will be sent a courtesy email seeking confirmation of such a request. Once this is confirmed Business Advantage will make all reasonable steps to comply with your request as soon as possible.

You will be notified by email when the request has been completed.

This policy applies to:

All Small Business Australia services inclusive of but not limited to:

Access to the Small Business Australia website

Access to information services inclusive of the advice service available to the subscribers to the Business Advantage product.

Why Fair Usage?

Small Business Australia services inclusive of those provided to the subscribers of the Business Advantage product are designed and provided to ensure the services are dimensioned to provide the best quality of service to a maximum number of its customers, on the assumption that customer use of the services fall within normal usage. The services are NOT designed or intended for unreasonable use such as:

resale of any service from our website,

Unreasonable use is deemed abuse and, in some instances fraudulent use.

Users of the services share some common infrastructure, communication links and other network resources. This fair usage policy is meant to protect the available resources capable of delivering a service for those who mean to use it as it is intended. However, those who abuse it to the extent that it affects the ability of others use the services are in breach of fair usage and provisions of the policy would come into effect to restrict such users.

Security of information

No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information we do not warrant and cannot ensure the security of information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

Governing law

These terms and conditions will be constructed according to and are governed by the laws of Victoria, Australia.

Interpretation

“Small Business Australia” includes associated and related entities and all partners, directors, employees, contractors and agents of these entities.