SBWN

Southern Business Women's Network

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Terms Of Use

Definition: SBWN = Southern Business Women's Network

  1. About the website

    1. Welcome to https://sbwn.com.au (the "Website"). The Website provides you with an opportunity to browse and purchase services listed for sale through the Website. The Website provides this service by way of granting you access to the content on the Website.
    2. The Website is operated by Southern Business Women's Network (SBWN), ABN 91 792 317 130. Access to and use of the Website is provided by SBWN. Please read these terms and conditions carefully. By using, browsing and/or reading the website, this signifies you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms you must cease usage of the Website immediately. 
    3. These terms help define the relationship between you and SBWN. Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how SBWN's organisation works.
    4. SBWN reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of publication.

  2. Acceptance of the Terms

    You accept the Terms by remaining on the Website.
     
  3. Registration to Purchase Membership and Services

    1. In order to access the Membership benefits or Services, you must first register as a user of the Website. As part of the registration process or as part of your continued use of the services, you may be required to provide personal information about yourself such as identification or contact details.
    2. You warrant any information you give to SBWN in the course of Completing the registration process will be accurate, correct and up to date.
    3. Once you have completed the registration process, you will be a registered subscriber or member and agree to be bound by the Terms. As a registered subscriber or member you will be granted immediate access to purchase services.
    4. You may not purchase services or accept the Terms if:
      1. you are not of legal age to form a binding contract with SBWN; or
      2. you are a person barred from receiving the services under the laws of Australia or other countries including the country in which you are resident or from which you use to purchase the services.

  4. As a Member or Subscriber, you agree to comply with the following:

    You will use the Website and services only for the purposes that are permitted by:
    1. the Terms;
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your access;
    4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify SBWN of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    5. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of SBWN providing the services
    6. you will not use the Purchase Services or Website for any illegal and/or unauthorised use;
    7. you acknowledge and agree that any automated use of the Website is prohibited.

  5. Purchase of Membership and Services Policy

    1. In purchasing through the Website, you will agree to the payment of the purchase price listed on the Website.
    2. Payment of the Purchase Price may be made through PayPal (the 'Payment Gateway Provider'). In using the Website, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
    3. Following payment of the Purchase Price being confirmed by Southern Business Women's Network, you will be issued with a receipt to confirm that the payment has been received and Southern Business Women's Network may record your purchase details for future use.

  6. Limitation of Liability

    1. SBWN's total liability arising out of or in connection with the purchase of services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or 10.2. 10.3. otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of SBWB is the resupply of information or services to you.
    2. You expressly understand and agree that SBWN, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    3. SBWN is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the purchase of services.

  7. Indemnity

    You agree to indemnify Southern Business Women's Network, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; 
    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
    3. any breach of the Terms.

  8. Dispute Resolution

    1. Compulsory:
      If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice:
      A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution:
      On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
      1. Within 21 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; 
      2. If for any reason whatsoever, 45 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be 13.4. 13.5. appointed by the President of the Dispute Settlement Centre of Victoria (DSCV) or his or her nominee; 
      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; 
      4. The mediation will be held in by phone or in person as per DSCV policy, Australia.
    4. Confidential:
      All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation:
      If 60 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

    6. Venue and Jurisdiction

      The services offered by SBWN is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

    7. Governing Law

      The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

    8. Independent Legal Advice

      Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

    9. Severance

      If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

    credit for most of the content of this policy goes to http://lawpath.com.au/

    (c) Copyright 2020
    Southern Business Women's Network Inc.

    Registration number: A0037531D

    All rights Reserved

    The Southern Business Women’s Network acknowledges the Australian Aboriginal and Torres Strait Islander peoples as the first inhabitants of the nation and the Traditional Custodians of the lands where we live, learn and work.
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