These Terms and Conditions (Terms) are between Dream Express International Pty Ltd (ABN 21 115 281 420) trading as Bizversity and each individual agreeing to these Terms (referred to as you or your), collectively referred to as the Parties and each a Party. These Terms govern your access and use of the Bizversity application (Application), website at bizversity.com (Website) and services (together with the Application and Website referred to as Services) or accessing any content or material via the Services or otherwise made available to you by Bizversity (Content). Access to the Services and Content on any mobile, tablet, console or other devices (Device) are subject to technical requirements as set out in the Apple App Store or Android Play store.
Any Content or other information provided via the Services are provided for general information purposes only. They do not take into account your specific information or your complete personal circumstances, and Bizversity does not warrant that any Content or information provided via the Services is comprehensive, complete, accurate or up to date. Content, information on the Application or otherwise obtained via the Services should not be regarded as substitute for professional legal, financial, accounting or tax advice. Please refer to clause DISCLAIMERS for Bizversity’s complete disclaimers.
|These Terms form a binding legal agreement between the Parties. By using the Services, you agree to comply with and be legally bound by these Terms. Please read these Terms carefully. If there are any questions, you should contact Bizversity using the contact details at the end of these Terms.
|You acknowledge and agree to these Terms by (i) ticking ‘I Agree’; or (ii) downloading, accessing or using the Application, Content or Services. If you do not agree to these Terms, you should cease accessing or using the Application, Content and Services immediately.
|Bizversity reserves the right to make changes to these Terms including in relation to pricing structure and payment method at any time, effective upon the posting of a modified Terms. Bizversity endeavours to communicate these changes to you via email. It is your obligation to ensure that you have read, understood and agrees to the most recent Terms available on the Application and Website. If you have reasonable grounds to believe that the modified Terms will be detrimental to your rights, you may terminate your account created under these Terms without penalty upon receiving the notice of the modified Terms. We recommend that you check the current Terms before continuing to access or use the Content or Services. Access or use of the Content or Services following any such changes will be deemed to be confirmation that you accept those changes.
|Accessing or using the Content and Services may be prohibited or restricted in certain countries. If you access or use the Content or Services outside Australia, you are responsible for complying with the laws and regulations of the territory from which you access or use the Content or Services.
ADDITIONAL TERMS AND CONDITIONS
|Your access and use of the Content and Services may be subject to additional terms including but not limited to:
|the Apple, Inc. (Apple) Terms and Conditions including, without limitation, the Licensed Application End User License Agreement provided therein;
|the Android, Google Inc. Terms and Conditions including, without limitation, the License Agreement and Terms of Application; and
|the Stripe Payments Australia Pty Ltd (Stripe) Terms and Conditions.
ACCESS TO CONTENT AND SERVICES
|Access to the Content and Services will require you to register for an account (Account), subscribe to a subscription package (Subscription) and pay a fee (Subscription Fee). For certain Subscriptions you may be offered a free trial period where you will not have to pay the Subscription Fee before being able to access the Content and Services. However, following the end of this free trial period, you must pay the Subscription Fee to continue to access the Content and Services. Details of each Subscription, its features, associated Subscription Fee and whether there is a free trial period are set out on the Application and Website.
|You may subscribe to a Subscription on a month-to-month basis or for one year. Your Subscription will commence on the date you first pay the Subscription Fee and will automatically renew on the same day either one month or one year after the commencement date (Renewal Date) depending on your Subscription (Subscription Term).
|You may cancel your Subscription at any time via the Application or Website and you will have access to your Account until the end of your current Subscription Term.
|If you have subscribed to a one year Subscription Term, you will be notified before the end of the Subscription Term that your Account is approaching the Renewal Date. If you do not cancel your Subscription before the Renewal Date, your Account will automatically renew for another year and you will be charged the associated Subscription Fee No notifications are provided for Subscriptions on a month-to-month Subscription Term.
|Basic information is required for Account registration including your name, contact details and other related information as requested by Bizversity via the Services (User Information).
|You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. Bizversity reserves the right to suspend or terminate any Account and your access to any Content or Services if Bizversity reasonably determines any User Information provided by you to Bizversity is inaccurate, not current or incomplete.
|It is your responsibility to keep your Account details and password confidential. You are liable for any and all activity on your Account. You agree you:
|will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions; and
|will notify Bizversity immediately if you are aware of any unauthorised use of your Account.
SECURITY AND PRIVACY
|Bizversity has implemented and will maintain security systems for the transmission of User Information and other data that are understood in the industry to provide adequate security for the transmission of such information over the Internet. These measures are intended to prevent unauthorised data infiltration or security breaches. Bizversity does not guarantee the security of any data or User Information stored on your Device.
THIRD PARTY APPS
|The Application may allow you to integrate third party applications to obtain additional features or functionalities as set out on the Application or Website (Third Party Apps). Additional terms and conditions supplied by the Third Party App provider (Third Party) may apply to your access and use of the Third Party App(s) via the Application and you may be subject to fees as agreed between you and the applicable Third Party. Bizversity makes no representation or warranty about Third Party Apps and disclaims all responsibility and liability for the quality, reliability or failure of any Third Party Apps.
|You will be charged the Subscription Fee at the time you register for an account and on each subsequent Renewal Date.
|Subscription Fees will be set out on the Application and Website, in the currency specified at the time of transaction. You will be responsible for any currency conversion or other bank charges if you pay using a different currency. Unless otherwise stated, all amounts are exclusive of any goods and services tax, value added tax or other duties, taxes and tariffs as applicable.
|Except as otherwise provided in these Terms, Subscription Fees are non-refundable.
|Payment of Subscription Fees are processed through third parties payment providers (either Stripe, eWay or Apple) depending upon whether you pay via the Application, Website, Direct Debit or Invoice. As part of this process you may be required to agree to additional terms and conditions with either Stripe, eWay or Apple.
|You must not pay, or attempt to pay, Subscription Fees through any fraudulent or unlawful means.
|If a Subscription Fee is not able to be successfully processed then your Account may be suspended until the Subscription Fee is paid or alternatively your Account may be terminated. If your Account is suspended and then reactivated because you have paid the Subscription Fee, your Renewal Date will change to the same day as you paid the Subscription Fee.
|You consent and authorise Bizversity and Bizversity’s third party payment providers to share any information and payment instructions you provide to the extent required to complete your transaction.
|You agree that for any payments made by debit or credit card, you warrant that the information you provide is true, accurate and complete, that you are authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the you will maintain sufficient funds in the account to cover the Subscription Fee.
SUSPENSION OF ACCOUNT AND SERVICES
|Bizversity may terminate these Terms and suspend your access to the Contents, Services and Account immediately, in its sole discretion including if:
|you breach any of the terms of these Terms;
|fail to pay Subscription Fees;
|Bizversity reasonably suspects that you are attempting to reverse engineer the Services that is provided to you;
|Bizversity reasonably believes that you have shared your Account details with another individual, organisation or entity without Bizversity’s prior written consent;
|or any other reason outside Bizversity’s control which has the effect of compromising its ability to provide you with the required Contents and Services within a required timeframe.
|On termination of these Terms, Bizversity may retain your Data, User Information and related documents (including copies) as required by law or regulation. Your express or implied agreement to these Terms constitute your authority for Bizversity to retain or destroy documents in accordance with the applicable statutory periods, or on termination of these Terms.
|You warrant that all information including User Information provided to Bizversity is true, accurate and complete.
|You acknowledge and agree that you are responsible for how you use the Services and that:
|you access and use the Contents and Services at your own risk;
|the Contents and Services will only be used for your own lawful personal or business purposes, in accordance with these Terms;
|all usernames and passwords required to access the Content and Services are kept secure and confidential;
|it is your responsibility to determine that the Contents Services meet your needs and are suitable for the purposes for which the Contents or Services are used; and
|you are authorised to access and use the Content or Services and to submit any Data or other information you input into the Services or provide to Bizversity as required for the Services;
|the accessibility and reliability of the Contents or Services is dependent upon your Device operating system and your internet connection.
|You remain solely responsible for complying with all applicable laws. It is your responsibility to ensure that the storage of and access to your Data via the Services comply with laws which are applicable to you, including any laws requiring you to retain records of your Data.
|You acknowledge and agree that you will not:
|use the Content or Services in any manner that is illegal or violates any applicable law or regulation;
|attempt to circumvent or disable the Services or any technology features or measures in the Services by any means or in any manner;
|attempt to modify, copy, adapt or reproduce the Content or Services except as necessary to use it for normal operation;
|attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Services;
|distribute, encumber, sell, rent, lease, sub-license, or otherwise transfer, publish or disclose the Services to any third party (except as permitted under these Terms);
|remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Content or Services or used in connection with the Content or Services (unless you obtain prior written permission from Bizversity);
|use the Content or Services in any manner to aid in the violation of any third party Intellectual Property, including but not limited to another’s copyrights, trade secrets, and patents;
|take any action that interferes, in any manner, with Bizversity’s rights with respect to the Content and Services;
|attempt to undermine the security or integrity of Bizversity’s computing systems or where the Content, Application or any and all part of the Services is hosted by a third party, that third party’s computing systems and networks;
|attempts to or tampers with, hinder or modify the Services, attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality, knowingly transmit viruses or other disabling features, damages or interfere with the Application including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Contents or Services;
|attempts to damage, disable, overburden, or impair our servers or networks;
|modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Content or Services;
|use, or misuse, the Content or Services in any way which: is in breach of any Bizversity Policies, may impair the accessibility or functionality of the Content or Services or other systems used to deliver the Content and Services or impair the ability of any other user to access or use the Content or Services; or
|transmit, or input into the Content or Services any files that may damage the Content or Services, content that may be offensive, or material or Data in violation of any law (including any content protected by copyright or trade secrets which you do not have the right to use).
|Title, ownership rights and Intellectual Property rights in and to any Content or in the Services including but not limited to the Application or Website, or accessed through the Services, are the property of the applicable content owner and may be protected by applicable Intellectual Property right or other law. These Terms give you no rights to such content.
|You acknowledge that any breaches of this clause may lead to termination of these Terms and suspension of your Account or any access to Bizversity’s Content and Services.
|Any User Information, content and other information you submit via the Services (collectively referred to as Data) may be stored in servers located in countries outside of Australia. Bizversity will take reasonable steps and use industry standard procedures to ensure that Data is kept secure and confidential.
|You grant Bizversity a licence to use, copy, transmit, reference, disclose or back-up your Data for purposes including support and training in accordance with these Terms or as required for Bizversity to provide the Services. Title to and all Intellectual Property rights in any Data you input into the Services remain your property.
|You represent and warrant that: (a) any and all Data you submit via the Services are your sole and exclusive property; or (b) you have secured any and all authorisation and rights to use the Data as applicable under the relevant laws.
|You acknowledge and agree that you are responsible for complying with all laws and regulations regarding the use and disclosure of Data including but not limited to the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth) and any other requirements under Australian law.
|Title to, and all Intellectual Property rights in the Contents, Services and any documentation relating to the Content or Services, remain the property of Bizversity, its successors and permitted assigns and nothing in these Terms constitutes a transfer of Intellectual Property rights. Your right to use such Intellectual Property is subject to these Terms.
|Subject to these Terms, Bizversity grants you a limited, non-exclusive, non-transferable and revocable licence to: access the Content; and access and use the Services for your personal or non-commercial purpose. All other uses are prohibited unless you obtain Bizversity’s prior written consent.
|You grant Bizversity a non-exclusive, worldwide licence to use any Intellectual Property which subsists in the Data you provide in connection with the use of your Account and the provision of the Services, including copyright in any content submitted by you via the Services.
|It is your responsibility to maintain copies of all Data which is processed by the Services as required. Bizversity will endeavour to prevent loss of Data, however, as the Data which is submitted via the Services is hosted by third parties, Bizversity does not make any guarantees that there will be no loss of data and does not represent or warrant that access to the Services, the Data or an Account will be available without interruption.
|If you enable third-party applications for use in conjunction with the Services, you acknowledge that Bizversity may allow the providers of those third-party applications to access any inputted data as required for the interoperation of such third-party applications with the Services. Bizversity is not responsible for any disclosure, modification or deletion of data resulting from any such access by third-party application providers.
|Bizversity may provide support to you during business hours as set out on the Application or Website. If you require support, please contact Bizversity using the details set out on the Application or Website. Bizversity endeavours to respond to a support request within a reasonable period of time.
UPDATES AND AVAILABILITY OF SERVICES
|Bizversity may issue updates to the Content and Services (Updates) from time to time for the duration of these Terms.
|Whilst Bizversity intends that access to the Content and Services should be available on a full-time basis, it is possible that the Content or Services are unavailable to due to Updates, maintenance or other development activity.
|Where possible, Bizversity will provide notice to you of any Updates, maintenance or development activity in advance by email or through the Services.
FEEDBACK AND DISPUTE RESOLUTION
|Your feedback is important to Bizversity. Bizversity seeks to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact any member of Bizversity’s staff.
|If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
|The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
|If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
|Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
AUSTRALIAN CONSUMER LAW
|Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by Bizversity to you which cannot be excluded, restricted or modified (Statutory Rights).
|To the fullest extent permitted by law, all material and work is provided to you without warranties of any kind, either express or implied; and Bizversity expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
|Nothing in these Terms seeks to removes your Statutory Rights as a consumer. If Statutory Rights apply, to the extent permitted by law, the liability of Bizversity and its affiliates under those provisions will be limited, at its option to: (a) in the case of goods, the replacement of goods or the supply of equivalent goods; the repair of goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and (b) in the case of services, the supply of those services again; or the payment of the cost of having the services supplied again.
|To the fullest extent permitted by applicable law, Bizversity and its licensors disclaim all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights or lack of viruses, for the Content and Services. In no event will Bizversity or its licensors be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever arising out of these Terms, the use of or inability to access or use the Content or Services, even if Bizversity has been advised of the possibility of such damages..
|You acknowledge that whilst Bizversity will take reasonable steps to ensure that the Services will be fit for the advertised purpose, to the fullest extent permitted by law, Bizversity gives no guarantees that:
|the Contents or Services will meet your requirements as the functionality of the Content and Services is dependent upon configuration of your Device and other components;
|the Contents or Services will work in each of your desired use case scenarios; and
|the Contents or Services can be executed on every operating system, as it is impossible to test each variant.
|The Contents and Services use third party services including hosting services which may be provided without any sort of warranties, and Bizversity cannot ensure that these third party hosting services are provided free of defect or without interruption.
|Bizversity does not warrant that use of the Contents or Services will be uninterrupted or error free. The operation of the Contents and Services may be dependent on public telephone services, computer networks, the Internet, which can be unpredictable and may from time to time interfere with the access or use of the Contents and Services. Bizversity accepts no responsibility for any such interference or prevention of your access or use of the Contents or Services.
|You acknowledge and agree that while the Content, information and materials provided on or via the Services or otherwise provided to you by Bizversity is provided in good faith on an “as is” basis, Bizversity and its directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy, currency or completeness of the information in such materials or information generally contained or produced via the Content or Services. You are solely responsible for determining the suitability of any Contents and Services and you rely on any information provided to you through the Contents and Services at your own risk.
|Bizversity makes no representations regarding, and accepts no responsibility for the timeliness, suitability, accuracy, completeness or legality of any Content or any information, forms or results provided through the Services. Further, Bizversity assumes no obligation to notify you of any changes in the suitability, accuracy, completeness or legality of the Content or forms or results produced by the Services including but not limited to the accuracy of the law, financial projections and modelling.
|You acknowledge and agree that any information, insight or guidance provided through the Contents or Services is not an attempt to practise areas including finance, law, accounting or tax, to provide financial, legal, accounting or tax advice or act as a substitute for professional advice. Bizversity does not hold an Australian financial services licence and does not provide any financial services. Use of the Contents, Services or any other materials provided via the Services does not establish any kind of fiduciary relationship.
|Any Content, Service or information otherwise provided via the Application do not take into account your own personal circumstances. These include but are not limited to any examples, testimonials, case studies, projections and/or forward looking statements into a person’s earnings, financial returns, financial returns, business growth or other successes or achievements (Case Studies). Any Content including but not limited to Case Studies, Services or information otherwise provided via the Application:
|must not be construed or relied on as financial advice, business advice or other professional recommendation;
|must not be relied on as providing any indication including but not limited to indication that you will achieve similar or same results even if you utilise the information or strategies provided and/or promoted through the Content including but not limited to Case Studies, Services or otherwise via the Application; and
|is provided for general information or illustration purposes only.
|All risk arising out of the use or performance of the Services or use of any Content remains with you. You understand and agree that the use of any Content or the Services, material or data downloaded or otherwise obtained through the use of the Services, is at your own discretion and risk and that you will be solely responsible for any infections, contaminations or damage to your Device, computer, system or network. Bizversity is not responsible or liable for delays, inaccuracies, errors or omissions arising out of your access or use of any Content or Services, any third party software or operating system.
|You acknowledge that Bizversity may pursue any available equitable or other remedy against you as a result of a breach by you of any provision of these Terms.
LIMITATION OF LIABILITY
|Bizversity or its licensors’ total liability arising out of or in connection with the Content, Services or these Terms, however arising, including under contract, tort including negligence, in equity, under statute or otherwise will not exceed: the total fees paid by you to Bizversity in the twelve (12) month period prior to the event giving rise to the liability; or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
|You agree this limitation of liability reflects the allocation of risk between the Parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose.
|You acknowledge and agree that Bizversity will not be liable for any non-compensatory damages including punitive, aggravated, multiple, exemplary, liquated or any other non-compensatory damages or the consequences of non-payment.
|You will be liable for and agree to indemnify, defend and hold Bizversity harmless from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from any:
|information that is not accurate, up to date or complete or is misleading or a misrepresentation;
|breach of these Terms;
|Data submitted by you;
|misuse of any Content or the Services by you, your employees, contractors or agents;
|breach of law, regulation or licence by you;
|claim brought by any third party against a Party arising out of your access or use of any Content or the Services;
|claim by any third party that:
|the grant, or exercise of any licence, of any Intellectual Property rights under these Terms; or
|the supply or use of the Content or Services,infringes the Intellectual Property rights or any rights of any person.
|18.2 You agree to co-operate with Bizversity (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of Bizversity’s Content or Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given Bizversity.
|The obligations under this clause will survive termination of these Terms.
|Any notice required or permitted to be given to you under these Terms will be addressed to you at the email address provided in the Registration Form.
RELATIONSHIP OF PARTIES
|Neither Party is authorised to bind the other Party in any way without prior written consent of the other Party.
|The Parties acknowledge and agree that they will not seek to bind the other Party other than with the prior written consent of the other Party.
RIGHTS OF THIRD PARTIES
|Any person or entity who is not a party to these Terms has no right to benefit under or to enforce any of these Terms.
|These Terms are personal to you. You must not assign or deal with the whole or any part of your rights and/or obligations under these Terms without Bizversity’s prior written consent.
|Any purported dealing in breach of this clause is of no effect.
WAIVER OR VARIATION OF RIGHTS
|Any failure or delay by Bizversity in exercising a power or right (either wholly or partially) in relation to these Terms do not operate as a waiver or prevent that Bizversity from exercising that power or right or any other power or right.
POWERS, RIGHTS AND REMEDIES
|Except as expressly stated to the contrary in these Terms, the powers, rights and/or remedies of a Party under these Terms are cumulative and are in addition to any other powers, rights and remedies of that Party. Nothing in these Terms merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to these Terms or any other person.
|If Bizversity’s performance of any obligation under these Terms is prevented, restricted, or interfered with by causes beyond Bizversity’s reasonable control (Force Majeure), and if Bizversity gives you prompt written notice of such event, then Bizversity’s obligation shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
CONSENTS AND APPROVALS
|Where these Terms provide that a Party may conditionally or unconditionally give or withhold any consent or approval in relation to any matter in these Terms, that Party may in its absolute discretion, and without being obliged to give reasons for doing so, withhold any consent or approval or give consent or approval conditionally or unconditionally.
|If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question will not be affected.
ENTIRE AGREEMENT AND UNDERSTANDING
|The date of these Terms is the date that these Terms are accepted by you.
|In respect of the subject matter of these Terms:
|these Terms contain the entire understanding between the Parties; and
|all previous oral and written communications, representations, warranties or commitments are superseded by these Terms and do not affect the interpretation or meaning of these Terms.
OVERNING LAW AND JURISDICTION
|These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales, Australia.
|Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
For any questions or notice, please contact Bizversity at:
Dream Express International Pty Ltd (ABN 21 115 281 420)
4/1 Vuko Place
Warriewood NSW 2102
Last update: December 2017