You may only use the website within Australia. As an individual, you must be at least eighteen years of age and an Australian resident. As a company you must be incorporated and conducting business within Australia. If not in either case, please cease all use of the website.
If you need to contact us, please email us by clicking here or, for any urgent matters, you can call us on (+61) 2 9901 1800.
License to use the website
We grant you a non-exclusive, worldwide, non-transferable license to use the website for the following limited purposes:
General access to the website is provided free of charge. However, some functionality and additional products or services are only provided to members and depend upon the membership option chosen, such as:
In becoming a member you must ensure that all information you provide is true and accurate and remains up to date.
Security of membership credentials. You are solely responsibility for ensuring the confidentiality of your membership credentials and the security of the environment from which you access your membership account. You agree to accept full responsibility for all use made of the website using your membership credentials. You should contact us immediately if you suspect or know of any unauthorized use of your membership credentials (such as your username and/or password). You agree to comply with all reasonable security procedures which we may require you to undertake.
Ending your membership. You may terminate your membership at any time by emailing us by clicking here or, where you are able to, terminating your membership through your membership login. Your membership may not be transferred or assigned to anyone else. We reserve the right to terminate your membership account, restrict functionality available to you and/or refuse service to you if we reasonably believe:
(ii) you are using the website in an inappropriate way or outside its intended purposes.
In order to become a website member you must pay the fees set out on the website (including any delivery charges, fees, taxes or other charges applicable). All amounts stated on the website are inclusive of GST, unless otherwise indicated on the website. Different fees may be payable depending upon the type of membership you register for and the types of functionality or additional services/products you receive. Should you fail to pay the membership fees we may cancel your membership and related products/services without notice to you.
Increases. Fees may be subject to increase but such increases will not apply to you during the initial period for which you have become a Member. Any increases will only apply to you when you extend or renew your membership or repurchase services or products or purchase new services or products. Any special offers we may advertise may be for a limited time or quantity.
Payment method. All fees and charges must be paid at the time of submitting your membership registration and are usually processed through Paypal Pty Ltd (or any other payment gateway as we may make available on the website). If there is a problem processing your payment after your membership application has been confirmed, we may cancel your membership.
You acknowledge that we are not responsible for the treatment of any information you provide as part of the payment process. In addition, the security of any payments made and any information you provide is dependent upon the security of our third party provider(s) payment systems. While we believe their systems to be reasonably reliable, we in no way guarantee or make any recommendations as to their security or reliability. Any use of their payment systems is entirely at your risk and you agree that we are in no way responsible for any loss or damage related to failures in their security systems. If these risks are unacceptable to you, you can contact us directly to arrange an alternative payment method.
Delivery of products included in your membership
Where you subscribe to our electronic Newsletter or any other product which is delivered electronically, it will be sent to your email account (as you have advised us) or will be available by the mechanism stated on the website. Please contact us if you do not receive your purchased products or have difficulties accessing them.
The delivery charges applicable to any products included in your membership type which require physical delivery (such as the Inside Small Business magazine) may be included in your membership or other subscription fees. If not, any delivery charges will be either notified to you at the time of your membership application or at the time you purchase the relevant product(s). We generally only deliver products within Australia and our ability to deliver to your location is subject to our delivery service providers.
By “messaging service” we mean any communication facility offered over the website to enable communications between you and the public at large, a group or an individual. The types of messaging services available may change over time but may include:
You agree to always use the messaging service(s) in a way that is appropriate and clearly within the intended purposes for which the messaging service(s) are provided. You should be cautious in providing personal information about yourself to people you do not know. Where you do provide information (whether personal or not) you must ensure that it is true, accurate and up to date. In general where you provide any content, you must ensure that you comply with all relevant laws and do not infringe anyone else’s rights (whether directly or indirectly).
Editorial rights. We retain complete editorial rights over the website and content. We have the right (but not the obligation) to monitor the messaging service(s) and we may, as we consider appropriate, with or without notice to you:
Specific prohibitions. In addition to all other requirements as to your use of the website (generally) and the messaging service(s), you must not use any messaging service(s):
(i) an activity which is unlawful;
(ii) the infringement of the intellectual property, publicity, privacy, confidentiality or any other legal rights of any person;
Removing content. If you inadvertently publish content in some circumstances you may be able to remove that content by logging into your member account. If not, please email us and we will endeavor to assist. Not all content published can be readily retracted (or retracted at all) such as if it has passed to a communication system outside of our control. In addition, any information you provide through a messaging service may be retained by our computer systems.
Content provided by others
Any opinions, advice, comments or other content contributed by our third party suppliers or other website users do not represent our own views, opinions or comments nor our endorsement of any business operated or promoted by that contributor.
We may but will not necessarily (and are not obligated to) monitor, verify, correct or otherwise review the quality of any content published or transmitted by other website users through the messaging service(s). You should always assume that any content has NOT been monitored or reviewed by us and perform all inquiries as appropriate in the circumstances to verify any content posted by others on the website prior to relying on it.
Limitations on our involvement and services
At times the website may advertise different businesses and include a directory. You agree that in no way:
We do NOT undertake vetting procedures of any person or business using the website. In general we act only as a passive conduit and do not monitor content from other website users.
The website functionality is a dynamic part of our business and may change over time. In general, changes to website functionality will happen without you receiving notice and may include:
If you are not satisfied with any changes to the website functionality, you may terminate your use of the website and this agreement (see Termination below).
Prohibitions as to your use of the website generally
You agree to comply with all reasonable security procedures which we may require. If you suspect or know of any unauthorized use of the website, you must contact us immediately.
The website may contain links to or from other external websites not operated by us (“linked sites“). The linked sites are not under our control and we are not responsible for the contents of or transmissions from any linked site. Where we provide links, we do so for your convenience only and in no way endorse or recommend the linked site, its products or services. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that website or any other negative impact it may have upon your computer.
Please contact us to request permission if you would like to link to, frame or mirror any part of the website or to include a link in content you provide through a messaging service. You should not proceed without our express permission. However, since we cannot control external websites linking to our website, and links should not be considered as our endorsement of any external website or business.
Advertising and directory listings
Advertising or directory listing(s) do not represent our endorsement of or warranties in relation to whatever is being listed or otherwise advertised. All advertising on the website (other than directory listing(s)) is subject to our Advertising Contracts.
Intellectual property rights etc
The website and our communications with you may contain material that is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations. You must ensure you do not breach those rights and obligations and comply with any limitations on use, reproduction and/or dissemination. This applies to content we provide and content provided by others. You may not:
Provision of the website, including any related content and services, may include the sublicensing of third party content, software, information systems and/or other material.
Information about you
Where goods and services we supply to you are covered by the Australian Consumer Law (“ACL”):
The provisions below in warnings and disclaimers and our liability to you are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability.
WARNINGS AND DISCLAIMERS
OUR LIABILITY TO YOU
To the maximum extent permitted by law:
In summary: we limit our liability to you (or anyone else) to the lesser of the amount we have charged you (or $10) or the cost of us remedying any defect.
In legal terms: our total liability (including the total liability of our officers, directors, employees, agents, representatives and third party suppliers) to you or any other third party, in aggregate, regardless of the nature of the claim (whether contract, tort, intellectual property based or otherwise) and whether arising by way of losses, damages or otherwise is limited to the lesser of:
(i) the fees we have charged you (or if we have not charge you any fees, $10); and
(ii) the cost of us remedying any defect;
and all liability in respect of any special, indirect or consequential loss or damage is excluded (except for any consequential loss which cannot be excluded by law, such as that arising under the ACL).
Liability limited by this section includes liability in any way related to:
You also agree to waive any claim which you may otherwise have against any of our third party suppliers.
To the extent that any provision purporting to limit our liability is held to be unenforceable, then our liability shall be limited to the maximum extent permitted by law.
YOUR LIABILITY TO US
You agree to indemnify us, our officers, directors, employees, agents, licensors, content and other service providers, from and against all losses, damages, costs (including legal costs on a full indemnity basis) and expenses of any nature whatsoever, including those arising from any action, claim, demand, notice or proceeding by any person against those indemnified where such loss or liability arose out of, in connection with or in relation to:
To the extent any part of this provision is unenforceable, that part will be treated as being deleted and the remainder of this provision will continue to operate to the maximum extent permitted by law.
Termination may be of immediate effect and without any prior notice. Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination. Any content you have previously provided may or may not (in our discretion) be removed following termination of this agreement.
You agree that notices and all other communications are effectively given to you if they are sent to your last advised email address. Please ensure you keep us up to date with your current working email address. You should also add us to your email contacts book and check to ensure our emails do not get filtered out to your “junk” email folder without your awareness or get blocked by your firewall.
You may contact us if you are experiencing any problems with any other user(s) of the website. Where we consider it appropriate we will endeavor to assist, however, you agree that we will never be involved in any dispute between you and any other website user.
In addition to the definitions already set out:
(Updated as at 6/10/2015