Terms of Service

By using the businest® web site (“Service”) and all services of businest® Pty Ltd, (“businest®”), you acknowledge that you have read this license, understand it and agree to be bound by the following terms and conditions (“Terms of Service”).

Businest® reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account. While businest® prohibits such conduct and Content on the Service, you understand and agree that businest® cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

• You must be 13 years or older to use this Service.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your full legal name, business name, a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person
• Access to the Service is by way of a password. You are responsible for maintaining the security of your account and password. Businest® cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account.
• One person or legal entity may not maintain more than one free trial account.
• You may not use the Service for any illegal or unauthorised purpose.
• You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Copyright and Content Ownership

The Service is protected by copyright laws, intellectual copyright treaties and intellectual property laws and treaties.The Service is licensed not sold. Businest® grants you to the right to use the Service.

Businest® does not pre-screen Content, but businest® and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

All title and copyrights in and to the Service (including by not limited to any images, photographs, know-how, look and feel, animations, video, audio, music and text) are owed by businest®. All title and intellectual property rights in and to the Service are owed by businest® and may be protected by applicable copyright and intellectual property laws and treaties. All rights reserved.

You may not duplicate, copy, or reuse any portion of the HTML/CSS, content, insights, data or visual design elements without express written permission from businest®.

Businest® may disclose disclose confidential information without your prior written consent to the extent that the relevant confidential information:

• is already in the public domain or becomes available to the public (other than through any act or omission of businest®, its employees, agents or contractors); or
• is required to be disclosed under any applicable law, governmental order, decree, regulation or rule (provided that businest® must give sufficient notice to you prior to such disclosure to enable you to seek a protection order or other remedy).

All rights not expressly granted are reserved by businest®, without prejudice to any other rights.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is only provided to paying account holders and is available via email.

You understand that businest® uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, businest®, or any other businest® service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by businest®.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.Verbal, physical, written or other abuse (including threats of abuse or retribution) of any businest® customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve:

• transmissions over various networks;
• changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by businest®) of other businest® customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

Businest® does not warrant that:

• the service will meet your specific requirements;
• the service will be uninterrupted, timely, secure, or error-free;
• the results that may be obtained from the use of the service will be accurate or reliable;
• the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations;
• any errors in the Service will be corrected.

You expressly understand and agree that businest® shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, damages for loss of anticipated profits or gain, goodwill, use, data or other intangible losses (even if businest® has been advised of the possibility of such damages), resulting from:

• the use or the inability to use the service;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
• unauthorised access to or alteration of your transmissions or data;
• statements or conduct of any third party on the service; orany other matter relating to the service.

As the information contained in the Service can be interpreted in a number of ways, businest® cannot be held accountable for any actions arising from the interpretation by you of the information produced by the Service.

The failure of businest® to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and businest® and govern your use of the Service, superseding any prior agreements between you and businest® (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to support@businest.com

Jurisdiction

If a dispute arises regarding these terms of use, the laws of the State of Victoria, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts of appeal from them, and waive any rights that you may have to challenge the appropriateness of that forum.

If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.If the information on this website is translated into or presented in languages other than English, the English version of that information will be authoritative in relation to any disputes regarding its interpretation.