Terms of Service
Updated Terms of Service
Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the businessadvice.com.au Platform, you agree to comply with and be bound by these Terms.
Last Updated: November 18th, 2020
Thank you for using businessadvice.com.au!
Table of Contents
- Scope of businessadvice.com.au Services
- Eligibility, Using the businessadvice.com.au Platform, client Verification
- Modification of these Terms
- Account Registration
- Service Fees
- Terms specific for Business Advisors
- Terms specific for Clients
- Booking Modifications, Cancellations and Refunds, Resolution Center
- Ratings and Reviews
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Dispute Resolution
1. Scope of businessadvice.com.au Services
1.1 The businessadvice.com.au Platform is an online marketplace that enables registered users (“clients”) and certain third parties who offer services (clients and third parties who offer services are “businessadvice.com.au advisors” and the services they offer are “Business Advisory Services”) to publish such Business Advisory Services on the businessadvice.com.au Platform (“Listings”) and to communicate and transact directly with clients that are seeking to book such Business Advisory Services (clients using Business Advisory Services are “Clients”). Business Advisory Services may include the offering of Coaching or Business Consultations for Client use (“Business Advisory Sessions”).
1.2 As the provider of the businessadvice.com.au Platform, businessadvice.com.au does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Business Advisory Services. Businessadvice.com.au advisors alone are responsible for their Listings and Business Advisory Services. When clients make or accept a booking, they are entering into a contract directly with each other. Businessadvice.com.au is not and does not become a party to or other participant in any contractual relationship between clients, nor is businessadvice.com.au an insurer. businessadvice.com.au is not acting as an agent in any capacity for any client, except as specified in the Payment Terms.
1.3 While we may help facilitate the resolution of disputes, businessadvice.com.au has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Business Advisory Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other client Content (as defined below), or (iii) the performance or conduct of any client or third party. businessadvice.com.au does not endorse any client, Listing or Business Advisory Services. Any references to a client being “verified” (or similar language) only indicate that the client has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by businessadvice.com.au about any client, including of the client’s identity or background or whether the client is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use Business Advisory Services, accept a booking request from a Client, or communicate and interact with other clients. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by businessadvice.com.au of any businessadvice.com.au advisoror Listing.
1.4 If you choose to use the businessadvice.com.au Platform as a businessadvice.com.au advisor your relationship with businessadvice.com.au is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of businessadvice.com.au for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of businessadvice.com.au businessadvice.com.au does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Business Advisory Services. You acknowledge and agree that you have complete discretion whether to list Business Advisory Services or otherwise engage in other business or employment activities.
1.5 To promote the businessadvice.com.au Platform and to increase the exposure of Listings to potential Clients, Listings and other client Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist clients who speak different languages, Listings and other client Content may be translated, in whole or in part, into other languages. businessadvice.com.au cannot guarantee the accuracy or quality of such translations and clients are responsible for reviewing and verifying the accuracy of such translations. The businessadvice.com.au Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, and non-infringement.
1.6 The businessadvice.com.au Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. businessadvice.com.au is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by businessadvice.com.au of such Third-Party Services.
1.7 Due to the nature of the Internet, businessadvice.com.au cannot guarantee the continuous and uninterrupted availability and accessibility of the businessadvice.com.au Platform. businessadvice.com.au may restrict the availability of the businessadvice.com.au Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the businessadvice.com.au Platform. Businessadvice.com.au may improve, enhance and modify the businessadvice.com.au Platform and introduce new businessadvice.com.au Services at any time.
2. Eligibility, Using the businessadvice.com.au Platform, client Verification
2.1 In order to access and use the businessadvice.com.au Platform or register a businessadvice.com.au Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of Australia and able to enter into legally binding contracts.
2.2 businessadvice.com.au may make access to and use of the businessadvice.com.au Platform, or certain areas or features of the businessadvice.com.au Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a client’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any client’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask clients to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of clients, (ii) screen clients against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a client, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the businessadvice.com.au Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the businessadvice.com.au Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the businessadvice.com.au Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
3. Modification of these Terms
businessadvice.com.au reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the businessadvice.com.au Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the businessadvice.com.au Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account (“businessadvice.com.au Account”) to access and use certain features of the businessadvice.com.au Platform, such as publishing or booking a Listing.
4.2 You must provide accurate, current and complete information during the registration process and keep your businessadvice.com.au Account and public businessadvice.com.au Account profile page information up-to-date at all times.
4.3 You may not register more than one (1) businessadvice.com.au Account. You may not assign or otherwise transfer your businessadvice.com.au Account to another party.
4.4 You are responsible for maintaining the confidentiality and security of your businessadvice.com.au Account credentials and may not disclose your credentials to any third party. You must immediately notify businessadvice.com.au if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your businessadvice.com.au Account. You are liable for any and all activities conducted through your businessadvice.com.au Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 businessadvice.com.au may, at its sole discretion, enable clients to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the businessadvice.com.au Platform (“client Content”); and (ii) access and view client Content and any content that businessadvice.com.au itself makes available on or through the businessadvice.com.au Platform, including proprietary businessadvice.com.au content and any content licensed or authorized for use by or through businessadvice.com.au from a third party (“businessadvice.com.au Content” and together with client Content, “Collective Content”).
5.2 The businessadvice.com.au Platform, businessadvice.com.au Content, and client Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Australia and other countries. You acknowledge and agree that the businessadvice.com.au Platform and businessadvice.com.au Content, including all associated intellectual property rights, are the exclusive property of businessadvice.com.au and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the businessadvice.com.au Platform, businessadvice.com.au Content or client Content. All trademarks, service marks, logos, trade names, and any other source identifiers of businessadvice.com.au used on or in connection with the businessadvice.com.au Platform and businessadvice.com.au Content are trademarks or registered trademarks of businessadvice.com.au in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the businessadvice.com.au Platform, businessadvice.com.au Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the businessadvice.com.au Platform or Collective Content, except to the extent you are the legal owner of certain client Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by businessadvice.com.au or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, businessadvice.com.au grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the businessadvice.com.au Platform and accessible to you, solely for your personal and non-commercial use.
5.6 You are responsible for ensuring that your Business Advisory Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the businessadvice.com.au Platform if they no longer accurately represent your Listing, if you stop hosting the Business Advisory Service featured, or if your businessadvice.com.au Account is terminated or suspended for any reason. You acknowledge and agree that businessadvice.com.au shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where businessadvice.com.au is not the exclusive owner of Verified Images, by using such Verified Images on or through the businessadvice.com.au Platform, you grant to businessadvice.com.au an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. businessadvice.com.au in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the businessadvice.com.au Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all client Content that you make available on or through the businessadvice.com.au Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all client Content that you make available on or through the businessadvice.com.au Platform or you have all rights, licenses, consents and releases that are necessary to grant to businessadvice.com.au the rights in and to such client Content, as contemplated under these Terms; and (ii) neither the client Content nor your posting, uploading, publication, submission or transmittal of the client Content or businessadvice.com.au to use of the client Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any client Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates businessadvice.com.au Content Policy or any other businessadvice.com.au policy. businessadvice.com.au may, without prior notice, remove or disable access to any client Content that businessadvice.com.au finds to be in violation of applicable law, these Terms or Business Advisors then-current Policies or Standards or otherwise may be harmful or objectionable to businessadvice.com.au, its clients, third parties, or property.
5.9 businessadvice.com.au respects copyright law and expects its clients to do the same. If you believe that any content on the businessadvice.com.au Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy
6. Service Fees
6.1 businessadvice.com.au may charge fees to businessadvice.com.au advisors (“Advisor Fees”) and/or Client (“Client Fees”) (collectively, “Service Fees”) in consideration for the use of the businessadvice.com.au Platform. More information about when Service Fees apply and how they are calculated can be found in Service Fees
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a businessadvice.com.au advisor or Client prior to publishing or booking a Listing. Businessadvice.com.au reserves the right to change the Service Fees at any time, and will provide clients adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 Service Fees will automatically be provided to businessadvice.com.au upon each transaction between businessadvice.com.au advisor and the Client. The applicable Service Fees (including any applicable Taxes) are collected by businessadvice.com.au. Businessadvice.com.au Payments will deduct any Business Advisor Fees from the Listing Fee before remitting the payout to the businessadvice.com.au advisor. Any Client Fees are included in the Total Fees collected by businessadvice.com.au Except as otherwise provided on the businessadvice.com.au Platform, Service Fees are non-refundable.
7. Terms specific for businessadvice.com.au Business Advisors
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the businessadvice.com.au Platform you must (i) provide complete and accurate information about your Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (proficiency or advisory requirements, location, certifications etc.) and (iii) provide any other pertinent information requested by businessadvice.com.au You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes) for your Listing (“Listing Fee”). Once a Client requests a booking of your Listing, you may not request that the Client pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Business Advisory Services. businessadvice.com.au reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the businessadvice.com.au Platform may vary and depend on a variety of factors, such as Client search parameters and preferences, businessadvice.com.au advisor qualifications, price and calendar availability,customer service and cancellation history, Reviews and Ratings, type of Business Advisory Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Client, you are entering into a legally binding agreement with the Client and are required to provide your Business Advisory Service(s) to the Client as described in your Listing when the booking request is made.
7.1.7 business advice.com.au requires that the businessadvice.com.au advisor obtain appropriate insurance and Certifications for their Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Clients (and the individuals the Client has booked for, if applicable) while working working with you.
7.2.1 Business Advisors may not list more than one (1) Listing
8. Terms specific for Clients
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by businessadvice.com.auInc and/or the businessadvice.com.au advisor, you can book a Listing available on the businessadvice.com.au Platform by following the respective booking process. All applicable fees, including the Listing Fee, and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your businessadvice.com.au Account.
8.1.2 Upon receipt of a booking confirmation from business advice.com.au, a legally binding agreement is formed between you and your businessadvice.com.au advisor, subject to any additional terms and conditions of the businessadvice.com.au advisor that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. businessadvice.com.au will collect the Total Fees at the time of the booking request or upon the businessadvice.com.au Business Advisors confirmation.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 businessadvice.com.auBusiness Advisors and Clients are responsible for any modifications to a booking that they make via the businessadvice.com.au Platform or direct businessadvice.com.au customer service to make (“Booking Modifications”), and agree to pay any additional Listing Fees, or Client Fees and/or Taxes associated with such Booking Modifications.
9.2 Clients may cancel a confirmed booking up to 24 hours prior to the booking time. If a cancelation of a confirmed booking occurs, businessadvice.com.au will refund the amount of Total Fees Paid due to the Client.
9.3 If a businessadvice.com.au advisor cancels a confirmed booking, the Client will receive a full refund of the Total Fees for such booking. In some instances, businessadvice.com.au may allow the Client to apply the refund to a new booking, in which case businessadvice.com.au will credit the amount against the clients subsequent booking at the clients direction. Further, businessadvice.com.au may publish an automated review on the Listing cancelled by the businessadvice.com.au advisor indicating that a booking was cancelled. In addition, businessadvice.com.au may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the businessadvice.com.au advisor has a valid reason for cancelling the booking and has had it approved by businessadvice.com.au
9.4 In certain circumstances, businessadvice.com.au may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth where businessadvice.com.au believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to businessadvice.com.au, other clients, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.5 Except as otherwise set out in these Terms, clients may use the Resolution Center ([email protected]) to send or request money for refunds, additional Business Advisory Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your businessadvice.com.au Account, and the businessadvice.com.au Finance Team will handle all such payments.
10. Ratings and Reviews
10.1 Within a certain time frame after completing a booking, Clients and Business Advisors can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual clients and do not reflect the opinion of businessadvice.com.au. Ratings and Reviews are not verified by businessadvice.com.au for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Clients and Business Advisors must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5.
10.3 clients are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another client.
10.4 Ratings and Reviews are part of a client’s public profile and may also be surfaced elsewhere on the businessadvice.com.au Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11.1 As a businessadvice.com.au advisor you are solely responsible to register for a QST/GST number and provide to the businessadvice.com.au Financial Team prior to soliciting publically on the platform.
11.2 Tax regulations require us to collect appropriate Tax information from Business Advisors, by providing us the QS/GST numbers, all Business Advisors give businessadvice.com.au permission to remit taxes relevant to the Business Advisory Services by the platform on their behalf
11.3 If the businessadvice.com.au advisor does not provide a QST/GST number 3 weeks after signing up for the businessadvice.com.au Platform, the advisor will be deleted from the platform until such a time they can provide the GST/ QST Numbers.
11.4 At monthly intervals businessadvice.com.au will email the advisor a monthly Invoice providing a breakdown of the Business Advisors earning and taxes submitted on their behalf.
11.5 The advisor is responsible to file all other taxes on their own to the government including expenses.
12. Prohibited Activities
12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the businessadvice.com.au Platform. In connection with your use of the businessadvice.com.au Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms
- use the businessadvice.com.au Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies businessadvice.com.au endorsement, partnership or otherwise misleads others as to your affiliation with businessadvice.com.au
- copy, store or otherwise access or use any information, including personally identifiable information about any other client, contained on the businessadvice.com.au Platform in any way that is inconsistent with businessadvice.com.au Privacy or these Terms or that otherwise violates the privacy rights of clients or third parties;
- use the businessadvice.com.au Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a business advisor, any Services that you do not have certifications to deliver
- Take any correspondence off of the platform chat window
- use the businessadvice.com.au Platform to request, make or accept a booking independent of the businessadvice.com.au Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the businessadvice.com.au Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold businessadvice.com.au harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the businessadvice.com.au Platform or content, or any individual element within the businessadvice.com.au Platform, businessadvice.com.au name, any businessadvice.com.au trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the businessadvice.com.au Platform, without businessadvice.com.au express written consent;
- dilute, tarnish or otherwise harm the businessadvice.com.au brand in any way, including through unauthorized use of content, registering and/or using businessadvice.com.au or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to businessadvice.com.au domains, trademarks, taglines, promotional campaigns or content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the businessadvice.com.au Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by businessadvice.com.au or any of businessadvice.com.au providers or any other third party to protect the businessadvice.com.au Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the businessadvice.com.au Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the businessadvice.com.au Platform;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
12.2 You acknowledge that businessadvice.com.au has no obligation to monitor the access to or use of the businessadvice.com.au Platform by any client or to review, disable access to, or edit any client Content, but has the right to do so to (i) operate, secure and improve the businessadvice.com.au Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure clients’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to client Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. clients agree to cooperate with and assist businessadvice.com.au in good faith, and to provide businessadvice.com.au with such information and take such actions as may be reasonably requested by businessadvice.com.au with respect to any investigation undertaken by businessadvice.com.au or a representative of businessadvice.com.au regarding the use or abuse of the businessadvice.com.au Platform.
12.3 If you feel that any client you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to businessadvice.com.au by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
13. Term and Termination, Suspension and other Measures
13.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or businessadvice.com.au terminate the Agreement in accordance with this provision.
13.2 You may terminate this Agreement at any time by sending us an email. If you cancel your businessadvice.com.au Account as a business advisor, any confirmed booking(s) will be automatically cancelled and your Clients will receive a full refund. If you cancel your businessadvice.com.au Account as a Client, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
13.3 Without limiting our rights specified below, businessadvice.com.au may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
13.4 businessadvice.com.au may immediately, without notice, terminate this Agreement and/or stop providing access to the businessadvice.com.au Platform if (i) you have materially breached your obligations under these Terms, the Payment Terms, or our Policies/ Standards (ii) you have violated applicable laws, regulations or third party rights, or (iii) businessadvice.com.au believes in good faith that such action is reasonably necessary to protect the personal safety or property of businessadvice.com.au, its clients, or third parties (for example in the case of fraudulent behavior of a client).
13.5 In addition, businessadvice.com.au may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payment Terms or Standards and Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the businessadvice.com.au Account registration, Listing process or thereafter, (iv) you and/or your Listings or Business Advisory Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or businessadvice.com.au otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) businessadvice.com.au believes in good faith that such action is reasonably necessary to protect the personal safety or property of businessadvice.com.au, its clients, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other client Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the businessadvice.com.au Platform;
- temporarily or permanently revoke any special status associated with your businessadvice.com.au Account;
- temporarily or in case of severe or repeated offenses permanently suspend your businessadvice.com.au Account and stop providing access to the businessadvice.com.au Platform. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by businessadvice.com.au and an opportunity to resolve the issue to businessadvice.com.au’s reasonable satisfaction.
13.6 If we take any of the measures described above (i) we may refund your Clients in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
13.7 When this Agreement has been terminated, you are not entitled to a restoration of your businessadvice.com.au Account or any of your client Content. If your access to or use of the businessadvice.com.au Platform has been limited or your businessadvice.com.au Account has been suspended or this Agreement has been terminated by us, you may not register a new businessadvice.com.au Account or access and use the businessadvice.com.au Platform through a businessadvice.com.au Account of another client.
13.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the businessadvice.com.au Platform, you do so voluntarily and at your sole risk. The businessadvice.com.au Platform is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the businessadvice.com.au Services, laws, rules, or regulations that may be applicable to your Listings and/or Business Advisory Services you are receiving and that you are not relying upon any statement of law or fact made by businessadvice.com.au relating to a Listing.
If we choose to conduct identity verification or background checks on any client, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a client or guarantee that a client will not engage in misconduct in the future.
You agree that Business Advisory Services, or Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in a Business Advisory Service or Payment Services. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the businessadvice.com.au Platform, your publishing or booking of any Listing via the businessadvice.com.au Platform, participation in any Business Advisory Service, or any other interaction you have with other clients whether in person or online remains with you. Neither businessadvice.com.au nor any other party involved in creating, producing, or delivering the businessadvice.com.au Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the businessadvice.com.au Platform (iii) from any communications, interactions or meetings with other clients or other persons with whom you communicate, interact or meet with as a result of your use of the businessadvice.com.au Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Business Advisory Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not businessadvice.com.au has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
To the maximum extent permitted by applicable law, you agree to release, defend (at businessadvice.com.au’s option), indemnify, and hold businessadvice.com.au and its affiliates and subsidiaries, including but not limited to, , their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the businessadvice.com.au Platform or any businessadvice.com.au Services, (iii) your interaction with any client, or Business Advisory Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) businessadvice.com.au Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
17.1 Jury Trial Waiver. You and businessadvice.com.au acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
17.2 No Class Actions or Representative Proceedings. You and businessadvice.com.au acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class client in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and businessadvice.com.au both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and businessadvice.com.au agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the businessadvice.com.au Platform (“Feedback“). You may submit Feedback by emailing us, through the contact section of the businessadvice.com.au Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
19. General Provisions
19.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between businessadvice.com.au and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between businessadvice.com.au and you in relation to the access to and use of the businessadvice.com.au Platform.
19.2 No joint venture, partnership, employment, or agency relationship exists between you and businessadvice.com.au as a result of this Agreement or your use of the businessadvice.com.au Platform.
19.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
19.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
19.5 Businessadvice.com.au’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
19.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without businessadvice.com.au’s prior written consent. businessadvice.com.au may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
19.7 Unless specified otherwise, any notices or other communications to clients permitted or required under this Agreement, will be provided electronically and given by businessadvice.com.au via email,
19.8 If you have any questions about these Terms please email us at [email protected]