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Website Use Terms and Conditions

WEBSITE USE TERMS AND CONDITIONS

About this Website 

This website is owned and operated by Biznostics Pty Ltd ABN 97 155 132 120 (‘Biznostics’, ‘we’, ‘us’ and ‘our’) under the domain name biznostics.com, and is referred to as the Website throughout this document. 

Through the Website, you may be able to do any of the following, among other things (referred to as the Services): 

  1. view information about Biznostics, its business and services;  
  2. use the Biznostics Platform to take a comprehensive online business diagnostic of your business; 
  3. use the Website to access templates, tools and examples; and 
  4. use the email and live chat support functions to contact customer support staff. 

These Terms of Use set out the terms and conditions which govern your use of the Website, its Content and the Services. By accessing or using the Website you agree to be bound by these Terms of Use and our Privacy Policy. 

Parts of the Services are only accessible if you become a paid subscriber. Any such parts of the Services are also governed by the Terms of Service which you must accept when you become a subscriber. If you become a subscriber, the Terms of Service will apply to your use of the Website and the Services to the extent of any inconsistency between these Terms of Use and the Terms of Service. 

Information available on the Website  

Nature of the Content 

  1. The Website provides general information only. Some parts of the Website’s Content may be provided by third parties or other users of the Website. 
  2. We do not warrant the reliability, accuracy, correctness or completeness of any of the Content including the information provided through the Services. Users must rely solely on their own assessments and verification of the Content. 
  3. All Content is provided without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that cannot be lawfully excluded, are excluded. All Content is subject to change without notice. 

Rights to use Content 

  1. All Content is protected by copyright and owned by Biznostics or a third party.  
  2. The compilation of all Content as presented on the Website is owned by Biznostics.  
  3. Your use of the Website and any Services does not alter the ownership of any intellectual property in the Content.  
  4. You can view the Content solely for your use in order to use the Website and Services in accordance with these Terms of Use. 
  5. Except where necessary for viewing the Content through the Website, using the Services or as permitted under the Copyright Act 1968 (Cth), other applicable laws or these Terms of Use, you must not reproduce, modify, translate, publish, upload to a third party, link to, frame, perform in public, distribute or transmit any of the Content in any form by any process without our specific prior written consent. 

Cookies 

The Website uses cookies and may access your local storage through HTML Web Storage or other browser-based software. By using the Website, you consent to Biznostics’ use of cookies and other local storage in accordance with these Terms of Use and the Privacy Policy. 

Availability of the Website 

  1. As electronic services are subject to interruption or breakdown, access to the Website is offered on an “as is” and “as available” basis. 
  2. We do not guarantee that access to the Website or the Services will function as intended or be uninterrupted. 
  3. We do not represent or warrant that the Content on the Website, or the facilities that make it available, will not cause damage or are free from any computer virus or any other defects or errors. 
  4. We may withdraw the Website at any time and without notice to you. We may limit or restrict the use you make of the Website. 
  5. We may make changes to any Content, Services or to the prices subscriptions or any Services, at any time, without notice.  

Your use of the Website 

Carrier charges 

You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or other service provider in connection with, or related to your use of the Website or Services. 

No lifting of Content 

You must not use any robot, spider, scraper, data aggregation tool, deep-link or other automatic or manual process to: 

  1. access, monitor, copy or extract any part of the Website or any Content;  
  2. in any way reproduce or circumvent the navigational structure or presentation of the Website, the Services or any Content; or  
  3. obtain or attempt to obtain any materials, documents, information or Content through any means other than the methods clearly and intentionally provided for your use on the Website. 

No hacking 

  1. You must not attempt to gain unauthorised access to any part of the Website or the Services, or any other systems or networks connected to the Website, or to any Biznostics server, or to any of the products or services offered through the Website, by hacking, password “mining” or any other illegitimate means. 
  2. You must not probe, scan or test the vulnerability of the Website or any network connected to the Website. You must not breach the security or authentication measures on the Website or any network connected to the Website.  

No interference or overloading 

  1. You must not interfere or attempt to interfere with the proper working of the Website or the Services or any transaction being conducted on the Website or via the Services, or with any other person’s use of the Website or the Services. 
  2. You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any Biznostics systems or networks, or any systems or networks connected to the Website. 

No unlawful use 

  1. You must not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Biznostics or any other person. 
  2. Biznostics may disclose any information we may have about you in relation to an investigation or allegation that your use of the Website is in breach of these Terms of Use, or is in breach of law or regulation. Biznostics reserves its right to identify or bring legal action against any person who is breaching these Terms of Use, including obtaining injunctive relief. 
  3. You acknowledge that Biznostics has no obligation to monitor your access to or use of the Website, but has the right to do so for the purpose of operating the Website, or to ensure compliance with these terms of Use, or to comply with any law or order of a court.  

Termination and suspension 

We reserve the right to terminate or suspend your access to the Website or the Services and block your IP address at any time.  

Liability and indemnity 

  1. We acknowledge that, in some circumstances, you may have rights under the Australian Consumer Law or other laws which cannot be excluded, modified or restricted. Nothing in these Terms of Use (including this clause 5) excludes, modifies or restricts these rights.  
  2. Subject to clause 5(a), except as expressly set out in these Terms of Use, and to the fullest extent permitted at law: 
    1. Biznostics disclaims all express, implied and statutory warranties with regard to the Website and the Services including but not limited to, the implied warranties of quality, merchantability and fitness for a particular purpose;  
    2. Biznostics and its directors, employees, agents and contractors are not liable to you for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Website and any Content or Service, to any material on linked websites, or to your access or use of the Website, including your use of the Biznostics Platform, however caused, whether under statute, in contract or in tort, including for negligence, or otherwise.  
  3. Subject to clauses 5(a) and 5(b), the aggregate liability of Biznostics for loss or damage sustained by you in connection with the Website or Services (whether under statute, in contract or in tort, including for negligence, or otherwise) is limited, at Biznostics’ option, to resupplying the Services to you or refunding the fees paid by you in respect your access to the Website or Services.  
  4. You indemnify us in respect of any liability, loss, damage, cost or expense suffered or incurred arising from or in connection with your breach of these Terms of Use or your use of the Website. 

General 

Changes to these Terms of Use  

  1. These are the current Terms of Use. They replace any other terms of use previously published on the Website.  
  2. We may at any time vary the Terms of Use by publishing the varied Terms of Use on the Website. The new Terms of Use will apply to your use of the Website after the date that we post the change on the Website. 
  3. If you do not agree with the change, then you must alter or cease your use of the Website accordingly. 

Jurisdiction 

The law applicable to the Website and to disputes arising from or in connection with the Website is the law of the State of Western Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Western Australia in respect of any such dispute.  

Enforceability 

Where a clause in this agreement is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this agreement. 

Definitions 

The meanings of the terms used in these Terms of Use are set out below: 

  1. Biznostics, our, us or we means Biznostics Pty Ltd ACN 155 132 120. 
  2. Biznostics Platform means the platform available to paid subscribers of Biznostics, providing the functionality described in clauses 1(b) to (d), and subject to the Terms of Service.  
  3. Content means all information and data (including data files, written text, computer software, location data, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of the Website or the Services other than Your Data.  
  4. person means any natural person, company, partnership, joint venture, association, corporation or other body corporate.  
  5. Privacy Policy means Biznostics’ privacy policy available at https://biznostics.com/privacy-policy  
  6. Services has the meaning given in clause 1 of these Terms of Use.  
  7. Terms of Use means this document, as updated from time to time. 
  8. Terms of Service means Biznostics’ Terms of Service available at https://biznostics.com/terms-of-service  
  9. user means a person who accesses or uses the Website and includes other persons jointly participating in using the Website including a user having access to a ‘shop page’, ‘brand page’ or ‘advertiser page’ to manage those pages, interact with other users of the Website or otherwise. 
  10. Website has the meaning given in clause 1 of these Terms of Use.  
  11. you or your means the person who accepts these Terms of Use, either personally or on behalf of an association or other legal entity and includes, if acceptance is on behalf of an association or other legal entity, the association or other legal entities’ officers, employees, members and agents. 
  12. Your Data means all data entered into the Biznostics Platform by you.