Terms of Service

Please read our Terms of Service carefully.

20th June 2007

This ‘Terms of Service’ agreement is a legal agreement between you (the User) and BusinessNetworks Pty Ltd and governs your access to and use of the Service. You should review this entire ‘Terms of Service’ before you decide whether to accept them and continue with the registration process.

BY CLICKING ON THE “I HAVE READ AND UNDERSTOOD THE TERMS OF SERVICE” CHECKBOX ON THE REGISTRATION PAGE AND CLICKING THE REGISTER BUTTON, YOU AGREE TO BE BOUND BY THESE ‘TERMS OF SERVICE’.

“BusinessNetworks” refers to BusinessNetworks Pty Ltd. We provide web-based services for small-medium business.

“Service” or “the Service” is any and all products and services provided by BusinessNetworks and accessible through the BusinessNetworks website (www.businessnetworks.com.au) for the purpose of providing web building blocks for small-medium business. The Service is provided through a fully managed service that is delivered over the internet.

“Terms” are the terms and conditions of the Service. Your agreement to the Terms is mandatory in your acceptance of the Service. If you do not agree with all Terms, you are not permitted to use the Service.

“Customer” is any customer of any and all businesses using the Service. A Customer is the end-user that uses the Service to make transactions, including but not limited to browsing online, using shopping cart or making payments.

“Content” is any text, image or data that has been created, uploaded, enhanced, modified by the Merchant, Affiliate or Customer using the Service.

“Merchant” is any business that registers with BusinessNetworks and is using the Service. A Merchant is a Customer to BusinessNetworks.

“Payment” means the processing of a payment through the Service that results in the debiting or charging of the purchase amount to a Customer payment method (eg Credit Card, PayPal) and the issuing of funds to a Merchant’s Account.

“Transaction” means any interaction with BusinessNetworks and BusinessNetworks Customers through the Service. Transactions include but are not limited to browsing, uploading, adding and updating content, Payments or using the Service.

“Affiliate” is a third party that is registered with BusinessNetworks and links to individual Merchant online shops for the purpose of advertising the online shop and receiving affiliate payment.

“Partner” is a business that BusinessNetworks has sub-contracted or engaged to deliver an aspect of the Service.

“Us”, “We” and “Our” are references to BusinessNetworks.

“You” and “Your” is a reference to the user of the Service. You know who you are.

“Console” is the web-based administration console that forms part of the Service. By signing up for the BusinessNetworks service (“the Service”) or any of the services of BusinessNetworks Pty Ltd (“BusinessNetworks”), you are agreeing to be bound by the following terms and conditions (“Terms”).

Any new functionality or features which are added to the current Service shall also be subject to the Terms.

The current version of our Terms can be viewed at: www.businessnetworks.com.au/terms.do

BusinessNetworks reserves the right to update, change or remove any or all Terms by posting changes to the BusinessNetworks website. You are advised to check the Terms regularly for updates or changes that may affect you.

General

  1. You must be 18 years or older to use the Service.
  2. You must read, agree with and accept all of the terms and conditions contained in this document.
  3. This agreement will commence on the date that you or a representative selects the “Accept” button in the BusinessNetworks registration.
  4. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  5. We reserve the right to refuse service to anyone for any reason at any time.
  6. BusinessNetworks does not warrant that the service will be uninterrupted, timely, secure, or error-free.
  7. BusinessNetworks does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  8. You expressly understand and agree that BusinessNetworks shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  9. In no event shall BusinessNetworks or our Partners 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 indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  10. Verbal or written abuse of any kind (including threats of abuse or retribution) of any BusinessNetworks customer, BusinessNetworks employee, member, or officer will result in immediate account termination.
  11. The failure of BusinessNetworks to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and BusinessNetworks and govern your use of the Service, superseding any prior agreements between you and BusinessNetworks (including, but not limited to, any prior versions of the Terms of Service).
  12. Questions about the Terms of Service should be sent to support@businessnetworks.com.au
  13. Your usage of the Service is not exclusive, we may provide the Service to anyone that we deem appropriate at any time.
  14. Usage of BusinessNetworks is deemed as acceptance of these terms and conditions.

Accounts

  1. You must complete your full details, including a valid email address when registering with BusinessNetworks.
  2. You are responsible for keeping your password secure. BusinessNetworks cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  3. You must regularly change your password and keep records of all passwords used or disclosed, in accordance with good security practices
  4. You may not use the Service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Australia and the state of New South Wales.
  5. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your BusinessNetworks account.
  6. You must not transmit any worms or viruses or any code of a destructive nature.
  7. A breach or violation of any of the Account Terms as determined in the sole discretion of BusinessNetworks will result in an immediate termination of your account.
  8. Accounts that have not been logged into for 180 days will be suspended automatically.

Affiliates

  1. Affiliates must be registered prior to linking to BusinessNetworks.
  2. Affiliates are only paid commission on orders and transactions that are post the Affiliates commencement date.
  3. BusinessNetworks reserves the right to refuse any Affiliate for any reason and block their usage of BusinessNetworks indefinitely.
  4. Affiliate payments are vested once the Merchant has paid the current Account. Affiliates should expect that commission payments will not be made before 60 days.
  5. It is the responsibility of the Affiliate to ensure that the Merchant they are linking to accepts Affiliate payments at all times. The Merchant has the ability to change their selection at any time.

Billing

  1. A valid credit card is required by Merchants to pay BusinessNetworks accounts.
  2. Charges for the Service will be billed monthly on the 1st of each month. Invoices will be sent in the first week of each month with a due date of the 1st of the following month.
  3. Invoices will be one month in advance for all services where prices are known. Usage based services will be Invoiced one month in arrears.
  4. The Merchant will be billed monthly to the credit card provided in the setup wizard. The billing details can be updated through the Merchant admin console.
  5. Non payment of charges associated with the Service will result in the suspension of your account. Accounts that are not paid after 60 days from the invoice date will be suspended without notice and all services terminated.
  6. Re-activation of suspended accounts will incur a reconnection fee.
  7. Accounts that are not paid after 90 days will be deleted, including all associated data and content.
  8. All charges related to failure of credit card payments will be the responsibility of the account holder, including cancelled, insufficient funds or expired cards.
  9. You indemnify BusinessNetworks from all liability related to your non-payment of your account. Simply, we are not responsible for loss or damage to your business or reputation if you do not pay your bill on time for any reason.

Changes to the Service

  1. Pricing for the Service is subject to change at any time with 14 days notice. Any changes to pricing will take effect from 1st day of the next month and be communicated on the BusinessNetworks website or via email.
  2. BusinessNetworks reserves the right at any time to time to modify or discontinue the Service (or any part thereof) with or without notice.
  3. BusinessNetworks shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  4. We do not warrant that the service will remain unchanged for any duration of time.

Content

  1. BusinessNetworks does not warrant that the content and data that may be obtained from the use of the Service will be accurate or reliable.
  2. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
  3. By uploading images and item description content to BusinessNetworks, you agree to allow other internet users to view them and you agree to allow BusinessNetworks to display and store them and you agree that BusinessNetworks can, at any time, review all the content submitted by you to its Service.
  4. You retain ownership over all content that you submit to BusinessNetworks. However, by making your information public, you agree to allow others to view your content.
  5. BusinessNetworks does not pre-screen Content and it is in our sole discretion to refuse or remove any Content that is made available via the Service.
  6. You must not upload content of a pornographic nature.

Copyright

  1. All Content, data and images that form the Service are owned exclusively by BusinessNetworks, unless specifically identified as owned by someone else.
  2. Content that is uploaded to the Service remains in the ownership of the copyright owner.

Customers

  1. We do not warrant that customer account information is correct and it is the responsibility of the Merchant to confirm the identity of the party it is transacting with.
  2. Disputes or disagreements between two parties using the Service (eg. Customer vs Merchant) are not the responsibility of BusinessNetworks and will be resolved by the parties outside the scope of the Service.
  3. Refunds, returns and all issues relating to fulfilment are the responsibility of the Merchant using the Service and we do not accept any liability or responsibility for resolving these issues.
  4. Any transaction is subject to the Terms at the time the transaction occurs. It is your responsibility to read and understand these Terms prior to using the Service.
  5. We do not accept any liability or responsibility for any problems with the Service that are beyond our control.

Data

  1. You must ensure you have adequate backup of your content or data that is uploaded or entered in the Service.
  2. BusinessNetworks is not responsible for any loss of your personal, business or image data through inadequate backup procedures or storage failures. You MUST ensure you have your own backups of all your data.

Intellectual Property

  1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by BusinessNetworks.
  2. We do not claim any intellectual property rights over the material you provide to the BusinessNetworks service. All material you upload remains yours. You can remove BusinessNetworks at any time by contacting us at accounts@businessnetworks.com.au. This will also remove all content you have stored on the Service.

Merchants

  1. You must register a legitimate business with valid details, including but not limited to Trading Name, Business Identifier, Contact Name and contact information for Customers to contact you. This information must be correct as it will be presented to your Customers.
  2. You are responsible for ensuring your data is correct and up to date, specifically including pricing and product images.
  3. You accept full responsibility for all orders and transactions that are provided to you by the Service. Failure to fulfil requests in a timely manner will result in suspension of your account with reasonable notice.
  4. Merchants that do not generate any Customer activity such as orders within any 180 day period will be suspended from the Service.
  5. The Merchant is responsible for any cost or charges related to doing business via the Service, including any and all internet access, software licensing, bank and credit card charges.
  6. We do not warrant the business practices of ANY Merchant using the Service; we are simply providing a platform to do business.
  7. You warrant that you have the authority to offer and sell any goods or services via the Service, including but not limited to the appropriate licensing and registrations.

Non-Compete

  1. You agree not to compete with BusinessNetworks in any way through your gaining knowledge of the BusinessNetworks Service.
  2. You will not develop or be involved in the development of a competing product to BusinessNetworks. We provide BusinessNetworks to enable small business and its customers, not for competitors to research our product development.

Payments

  1. BusinessNetworks is an Australian company and therefore all charges and pricing will be in Australian dollars. We reserve the right to add foreign currencies in the future.
  2. BusinessNetworks is not responsible for fluctuation in exchange rates or variations in pricing expectations, including charges imposed by banking institutions.

Privacy

  1. We will not sell, trade or distribute your personal or private information to third parties without prior consent from you.
  2. Your usage of the service will be recorded and be used to provide information to improve the Service, including (but not limited to) page impressions and shopping habits.
  3. Non-identifying data will be used for statistical analysis and trend information for all users of the Service.

Security

  1. You MUST notify us immediately of any compromised password or security information relating to the Service.
  2. You understand and accept that your business, account and credit card information may be transferred via encryption over various networks.
  3. You accept the unlikely but inherent risk involved in providing a public service and indemnify BusinessNetworks from any responsibility for any risks.
  4. Merchants are responsible for ensuring the privacy and security of Customer information for their customers.

Software and Hardware

  1. BusinessNetworks and its associated companies and Partners own all software, hardware and code relating to the Service and its provision.
  2. All licences relating to the provision of the Service are owned and managed by BusinessNetworks and its associated companies and Partners.

Support

  1. Technical support is only provided to paying account holders and is available by emailing support@businessnetworks.com.au
  2. Service Levels for support are best efforts and based on volume and criticality of the support issue

Taxes

  1. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  2. Customer invoices will be inclusive of GST based on Merchant information.
  3. It is the Merchant’s responsibility to ensure the correct advertising of pricing relevant to their region.
  4. Merchants are responsible to update the correct tax for their country or region. This can be updated in the Console. All customer transactions will have your nominated Tax added to the purchase amount so this needs to be accurate.
  5. Merchants are responsible for ensuring that they are recovering the correct tax and for applying for any tax input credits that they may incur.
  6. In this clause, GST has the same meaning as VAT.

Termination and Cancellation

  1. You may cancel your account at anytime by emailing accounts@businessnetworks.com.au
  2. If you cancel the Service in the middle of the month, you will receive one final invoice via email at the beginning of the following month. Once that invoice has been paid you will not be charged again.
  3. Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
  4. Without limiting any other remedies, BusinessNetworks may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Service