Terms & Conditions

1. Definitions

1.1       In this document the following words have the following meanings unless the context otherwise provides:

(a)       The words us, we, our and Business Investing means Aaron Farquhar and Zachary Farquhar trading as Business Investing (ABN 82 635 645 021) and its related entities and includes our related entities, directors, agents and employees.

(b)       The words you and your means you as a User.

(c)        Advertised Business includes:

(i)            business proposals, franchises, concepts and inventions advertised on the Site by a Registered Entrepreneur;

(ii)           established businesses advertised on the Site by a Registered Seller.

(d)       Claim means any cost, claim, liability, demand, obligation, remedy, damage, loss (including but not limited consequential loss such as loss of revenue, profit or opportunity), penalties, fines action, proceeding, claim for compensation, requisition, objection, whichever is applicable.

(e)       Confidential Information means all information relating to the assets or other affairs of the Advertised Business including (without limitation):

(i)            constituent documents (if a company);

(ii)           business plans, inventions, technical drawings, illustrative diagrams, pending patents and any other technical description of the proposed event and associated business;

(iii)          contracts and or Agreements to which the Advertised Business is a party to;

(iv)          reports, memoranda, opinions or other documents; and

(v)           Intellectual Property.

(f)         Fee means the monthly fee payable in accordance with the Membership Option;

(g)       Intellectual Property has the meaning given to it in clause 18.

(h)       Introduction Fee means the fee charged by us to the Registered Entrepreneur and/or Registered Seller in return for the release of their contact details to a Registered Investor, as amended from time to time and detailed on the Site;

(i)         Licence means the non-exclusive licence granted to the User as contemplated by clauses 10,11 or 12 as the case may be.

(j)         Messaging System means the messaging system available via the Site to facilitate communication and negotiations between Users and us.

(k)        Membership Option means the subscription plans available to Users.

(l)         Moral Rights means the right of integrity of authorship, the right of attribution or authorship and the right to not have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth).

(m)      Our Services means access to and use of the Site (including the Licence).

(n)       Registered Entrepreneur means a User that is 18 years old or over that registers an account with us to use the Site as contemplated by clause 10.

(o)       Registered Investor means a User that is 18 years old or over that registers an account with us to use the Site as contemplated by clause 11.

(p)       Registered Seller means a User that is 18 years old or over that registers an account with us to use the Site as contemplated by clause 12.

(q)       Site has the meaning given to it in clause 2 below.

(r)        Terms of Use means these terms and conditions, as amended from time to time.

(s)        User means individuals or organisations that are 18 years old or over and register an account with us to use the Site as contemplated by clauses 10,11 or 12.

(t)         User Account has the meaning given to it in clause 7.1.

(u)       User Licence means the non-exclusive licence granted to Users to access and use the Site and any related software by virtue of clauses 10,11 or 12.

(v)        UGC means user generated content, being any form of content (including but not limited to names, biographical information,  usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, videos, audio, code, and all other information) that has been posted to the Site by or on behalf of Users.

(w)       Website means this website, https://businessinvesting.com.au/ and includes any current or future version of our website.

2. General

2.1       Business Investing is the owner and operator of the Website, Messaging System and related online platforms (collectively ‘Site’).

2.2       The Site provides an online platform designed to connect Registered Entrepreneurs and Registered Sellers with Registered Investors.

2.3       Through the Site, Registered Entrepreneurs are able to list their business proposals, ideas or inventions. Registered Sellers have the ability to list their existing business to franchise or sell. Registered Investors have the ability to view business proposals and existing businesses advertised on the Site and following payment of the Introduction Fee in accordance with these Terms and Conditions may request their contact details be released by us to another User to engage in negotiations via or outside of the Site.

3. INTRODUCTION

3.1      These Terms of Use set out the relationship between you (as User) and Business Investing when you access, use or interact with the Site.

3.2      By accessing, using or interacting with all or part of the Site in any way, you agree to be bound by the Terms of Use and any other laws or regulations which apply to the Site.

3.3      If you do not accept the Terms of Use, you must cease accessing the Site and refrain from using and/or interacting with the Site.

3.4      You can access these Terms of Use at any time at www.businessinvesting.com.au

3.5      We reserve the right, at our sole discretion, to change, modify, add or remove any of the Terms of Use by posting the changes to the Website. Your continued use of the Site after changes are posted constitutes your acceptance of the amended Terms of Use.

4. AUSTRALIAN CONSUMER LAW

4.1       As a consumer you have certain legal rights under the Australian Consumer Law (‘ACL’) in relation to Our Services. Our Services must:

(a)       be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;

(b)       be fit for the purpose or give the results that you and Business Investing had agreed to; and

(c)        be delivered within a reasonable time when there is no agreed end date.

4.2       You may be entitled to remedy from us if Our Services do not meet any of the consumer guarantees in relation to Our Services under the ACL. Remedies may include cancelling Our Service, a refund for the unused portion of Our Services and in some cases compensation for damages and loss.

4.3       Despite anything in these Terms of Use, these Terms of Use do not exclude, restrict or modify the application of any provision of the ACL that cannot be excluded by law (whether applied as a law of the Commonwealth or any State or Territory of Australia).

4.4       If there is any inconsistency between these Terms of Use and the ACL, the provisions of the ACL will apply.

5. Privacy of Personal Information

5.1       We are committed to protecting the personal information we collect from you when you access and use Site.

5.2       The Privacy Act 1988 (Cth) and the Australian Privacy Principles govern the way in which we must manage your personal information and our privacy policy sets out how we collect, use, disclose and otherwise manage personal information about you.

5.3       You can access our full privacy policy here www.businessinvesting.com.au

6.  Access and Use of the Site

6.1       Users of the Site acknowledge that they are using software that is owned by or licenced to Business Investing.

6.2       We may withdraw or amend the Site (and any products or services offered on the Site) without notice to you. We will not be liable to you if, for any reason, our Site or any part of it is unavailable at any time or for any period.

6.3       You are responsible for:

(a)       making all arrangements necessary to access, use or interact with the Site;

(b)       ensuring you have appropriate and up to date anti-virus software on any device from which your access the Site;

(c)        ensuring that any person that accesses our Site through your device or internet connection is aware of and agrees to be bound by these Terms of Use;

(d)       any use of the Site accessed by any person through your device, internet connection or using your password, access or user codes (‘Passwords’) (whether authorised by you or not) including but not limited to where access to your device, internet connection or Passwords has been gained through unlawful means or malicious code (such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material); and

the acts and omissions of any person that accesses, uses or interacts with the Site as contemplated by clauses 6.3(c) and 6.3(d) as if they were your own acts and omissions.

7. Your Obligations

7.1       When using the Site, you must not:

(a)       hack or interfere with the Site in any way;

(b)       directly or indirectly infect the Site with any malicious code or viruses (whether intentionally or unintentionally);

(c)        engage in unlawful acts including harassing, bulling, abusing or stalking other Users;

(d)       encourage others to use the Site to undertake illegal activity;

(e)       publish any content that:

(i)         infringes third-party rights (including intellectual property rights);

(ii)       spams other Users;

(iii)      is defamatory or offensive;

(iv)      is threatening or violent; or

(v)       is hate speech or harassment;

(f)         use the Site for any commercial purpose other than what is granted through your User Licence;

(g)       impersonate any other person in your use of the Site;

(h)       post another person’s personal information or data through the Site without that person’s prior consent;

(i)         use the Site in connection with the actual or attempted contravention of any laws;

(j)         use the Site in a way that infringes the intellectual property rights of any person;

(k)        breach these Terms of Use or additional terms or requirements as notified on the Site; or breach any third-party rights.

8. User Accounts

8.1       If you are aged 18 years old or over, you may create an account and become a User as contemplated by clauses 10,11 or 12 (‘User Account’).

8.2       We may refuse registration of your User Account at our sole discretion.

8.3       Any personal information that we collect from you is subject to the terms of our Privacy Policy and applicable law. We may disable your User Account if we consider that you have failed to comply with any of the provisions of these Terms of Use.

8.4       If you know or suspect that your User Account has been hacked or that someone other than yourself has otherwise gained unauthorised access to your User Account, you must promptly notify us at support@businessinvesting.com.au

8.5       Your User Account commences on the date you create the User Account and submit payment via a valid, accepted method of payment (‘Valid Payment Method’).

8.6       Unless we otherwise communicate a different time period, at the time of the creation of the User Account, each billing cycle is one month in length (‘Membership Cycle’).

9. Membership Options

9.1       Access to the various functions of the Site depends on the Membership Option you subscribe to.

9.2       We reserve the right to modify, terminate or otherwise amend the Membership Options and other services via our Site upon providing reasonable notice to you. Where the modifications we propose are likely to amount to a material change in the service offered to you may (acting reasonably) opt-out of your Membership Option with us and cancel your User Account.

10. Entrepreneur Accounts

10.1       You may create an account and become a Registered Entrepreneur subject to these terms of Use.

10.2       Subject to clause 9.1, as a Registered Entrepreneur you will have access to certain functions through the Site (including but not limited to the ability to create a user-name and password, post details of your business proposals, concepts and/or inventions to the Site and access to the Messaging System to communicate with us).

10.3       By registering a User Account as a Registered Entrepreneur you consent to us providing your contact details to a Registered Investor upon request by that Registered Investor and payment by you of the Introduction Fee.

10.4       Despite clause 10.3, we are under no obligation to provide your contact details to a Registered Investor or to facilitate communications or negotiations with a Registered Investor unless that you pay us the Introduction Fee in accordance with these Terms and Conditions. We make no warranty or representation as to the number (if any) of Registered Investors that will have access to your details, or will be interested in your Advertised Business.

10.5       ­­ to these Terms of Use, Business Investing grants Registered Entrepreneurs a non-exclusive licence to access and use the Site and any related software for the dominant purpose of:

(a)       detailing and listing business proposals, concepts and/or inventions (including photographs) on the Site;

(b)       advertising their businesses for sale or franchise;

(c)        being introduced to (via disclosure of your contact details pursuant to clause 10.3 and subject to clause 10.4) Registered Investors via the Messaging System; and

(d)       related activities,

(‘Entrepreneur Licence’).

10.6     We may revoke the Entrepreneur Licence, withdraw your access to the Site or disable any User Account you have with us if we believe (in our sole discretion) that you have failed to comply with any of these Terms of Use. You acknowledge that where you list your Advertised Business on the Site, you do so at your own risk.  Business Investing is not responsible for protecting the intellectual property rights of or in respect of your Advertised Business and is not liable to you should another User misuse your intellectual property.

11. Investor Accounts

11.1       You may create an account and become a Registered Investor subject to these Terms of Use.

11.2       Subject to clause 9.1, as a Registered Investor you will have access to certain functions through our Site (including but not limited to the ability to create a user-name and password, ability to customise business preferences, access to an investment portfolio showcasing all prior investments made through the Site, ability to view Advertised Business’ posted by Registered Entrepreneurs and Registered Sellers and access to the Messaging System to communicate with us).

11.3       Subject to these Terms of Use, Business Investing grants Registered Investors a non-exclusive licence to access and use the Site and any related software for the dominant purpose of:

(a)       viewing Advertised Business;

(b)       upon request to us and following payment of the Introduction Fee in accordance with these Terms and Conditions, being provided with contact details for Registered Entrepreneurs and Registered Sellers to communicate and negotiate with via the Messaging System or off Site; and

(c)        related activities

(‘Investor Licence’).

11.4        We may revoke the Investor Licence, withdraw your access to the Site or disable any User Account you have with us if we believe (in our sole discretion) that you have failed to comply with any of these Terms of Use.

12. Seller Accounts

12.1      You may create an account and become a Registered Seller subject to these Terms of Use.

12.2      Subject to clause 9.1, as a Registered Seller you may have access to certain functions through our Site (including but not limited to the ability to create a user-name and password, post your Advertised Business on the Site and access to the Messaging System to communicate with us).

12.3       By registering a User Account as a Registered Seller you consent to us providing your contact details to a Registered Investor upon request by that Registered Investor and payment by that Registered Investor of the Introduction Fee.

12.4       Despite clause 12.3, we are under no obligation to provide your contact details to a Registered Investor or to facilitate communications or negotiations with a Registered Investor unless  you pay us the Introduction Fee in accordance with these Terms and Conditions. We make no warranty or representation as to the number (if any) of Registered Investors that will have access to your details, or will be interested in, your Advertised Business.

12.5      Subject to these Terms of Use, Business Investing grants Registered Sellers a non-exclusive licence to access and use the Site and any related software for the dominant purpose of:

(a)       advertising their businesses for sale or franchise;

(b)       being introduced to (via disclosure of your contact details pursuant to clause 10.3 and subject to clause 10.4) Registered Investors via the Messaging System; and

(c)        related activities.

(‘Seller Licence’).

12.6      By listing your business on the Site as a Registered Seller you warrant to us that you own all right, title and interest in the business listed and that you are not acting as a sales agent or similar on behalf of another party. You acknowledge that we have relied upon the warranty contained in this clause 12.6 is deciding to register your account with us.

12.7      We may revoke the Seller Licence, withdraw your access to the Site or disable any User Account you have with us if we believe (in our sole discretion) that you have failed to comply with any of these Terms of Use.

12.8      You acknowledge that where you detail your Advertised Business on the Site, you are doing so at your own risk.  Business Investing is not responsible for protecting the intellectual property rights of or in respect of your Advertised Business and is not liable to you should another User misuse your intellectual property

13. Member Options Fees and Billing

13.1      All Fees that appear on our Site will be quoted in Australian Dollars (AUD). These prices include any applicable taxes (unless otherwise stated).

13.2      You must provide a Valid Payment Method. We may change or update the accepted methods of payment from time to time.

1.3      Member Option Fees and Billings

(a)       By creating a User Account you authorise us to debit the Fee from your Valid Payment Method in accordance with these Terms of Use.

(b)       The details of the credit card or debit account used when creating a User Account may be stored on our Site. If stored by us, the credit card details will be retained and be linked to your User Account.

(c)        The Membership Cycle automatically renews each month and the Fee is automatically billed each month, until the User Account is cancelled or terminated. You may terminate your Membership Option at any time on providing thirty (30) days written notice to us. Unless expressly agreed by us in writing to the contrary, any Fees paid in advance will not be refunded despite the termination of your Membership Option.

(d)       By creating a User Account, you authorise us to charge you for your initial membership period in accordance with the selected Membership Option and a monthly recurring Fee at the then current rate, which we maintain the right to change at any time.

(e)       When a User Account is created, the first Membership Cycle will be billed immediately.  Unless communicated otherwise, the subscription will renew automatically every month and you will be billed the same amount each month.

(f)         We reserve the right to change the timing of our billing cycle.  If your paid subscription begins on a day not contained in a given month, we may bill your Valid Payment Method on a day in the given month or other day as we deem appropriate in our discretion.

13.4       Introduction Fees, Billings and refunds

(a)       A Registered Investor may request the contact details of a Registered Seller and/or Registered Entrepreneur to communicate for the purpose of negotiating an investment or sale via the Messaging System or off Site. Contact details will be released after payment of the Introduction Fee pursuant to clauses 13.4(d) and 13.4(e) below. For clarity, we are not bound to provide the contact details of a Registered Entrepreneur or Registered Seller until such time as we are in receipt of the Introduction Fee and a Registered Investor may not make any Claim as a result of or in connection with us not releasing contact details despite a request being made by a Registered Investor.

(b)       Registered Entrepreneurs and Registered Sellers will receive an alert to their account advising that a Registered Investor wishes to receive their contact details.

(c)        Before releasing the contact details to the Registered Investor, the Registered Entrepreneur and/or Registered Seller must provide us with a Valid Payment Method and we must have received the Introduction Fee payable in cleared funds.

(d)       Upon receipt of the Introduction Fee in cleared funds, we will release the requested contact details to the Registered Investor;

(e)       Upon being notified of a request for contact details from a Registered Investor, Registered Entrepreneurs and Registered Sellers should carefully whether they wish to release their contact details before paying the Introduction Fee. We do not usually refund the Introduction Fee if you simply change your mind or make a wrong decision.

(f)         A full refund of the Introduction Fee will be provided where the introduction does not convert to a sale or investment (‘Failed Sale’) unless the Registered Seller and/or Registered Entrepreneur has failed to comply with these Terms and Conditions. Introduction Fee refund requests must be made in writing to [insert] for consideration by Business Investing. Business Investing reserves the right to make enquiries and request further information from the Registered Entrepreneur and/or Registered Seller with respect to the Failed Sale before refunding the Introduction Fee.

(g)       You acknowledge and accept that:

(i)         we are entitled to the Introduction Fee if we are the effective cause of sale or investment (i.e. we have provided a Registered Investor with the contact details for the Registered Entrepreneur or Registered Seller (as the case may be));

(ii)        we are entitled to the Introduction Fee if, following a Failed Sale, the parties recommence negotiations or otherwise agree on the terms of sale or investment in respect of the Advertised Business;

(iii)        misleading or attempting to wrongfully obtain a refund of the Investment Fee from Business Investing constitutes a breach of these Terms and Conditions.

You indemnify us for all Claims (including legal costs on a full indemnity basis) which arise out of or relate to a breach of the above clause 13.4.

14. Advertise

14.1       Eligibility

Only Registered Entrepreneurs or Registered Sellers are authorised to post details of their Advertised Business.

14.2       Commercial Relationship

(a)       Business Investing does not recommend or endorse any Registered Entrepreneur, Registered Seller, Advertised Business or Registered Investor listed on the Site.

(b)       Business Investing acts only as an authorised agent of Users to facilitate a commercial relationship between Users.

15. Business Sales

15.1       You acknowledge and accept that:

(a)       Business Investing cannot and does not guarantee the business efficacy of any Advertised Business;

(b)       Business Investing does endorse the skills, qualifications or ability of the Registered Entrepreneur or Registered Seller in any way nor do we guarantee the accuracy or completeness of the information provided by the Registered Entrepreneur or Registered Seller in relation to the Advertised Business or any other information provided by the Registered Entrepreneur or Registered Seller;

(c)        You are solely responsible for undertaking:

(i)         reasonable investigations to verify the accuracy of any information provided on the Site or by, on behalf of or through Business Investing, in connection with a Registered Entrepreneur/ Registered Seller or Advertised Business; and

(ii)       due diligence as to the business viability of the Advertised Business.

(d)       Business Investing accepts no responsibility or liability for any failure of the Advertised Business, nor is Business Investing responsible or liable for any acts or omissions of a Registered Entrepreneur or Registered Seller or relevant third parties in the course of a commercial relationship.

(e)       To the extent permitted by law, Business Investing will not be liable for any inconvenience or Claim resulting from or in connection with any of the matters raised in clause 15(b).

16. Confidentiality, Non-Disclosure and Non-Competition

16.1       Users acknowledge that through use of the Site it may be necessary and or desirable to disclose Confidential Information of the Advertised Business.

16.2       Users agree that upon receipt of Confidential Information they will:

(a)       Take all take all action necessary to maintain the confidential nature of the Confidential Information;

(b)       not, without the prior written consent of the User, disclose any of the Confidential Information to any person other than those who need the information for continued negotiations with respect to the Advertised Business;

(c)        not use or disclose or reproduce any of the Confidential Information for any purpose other than any commercial purpose other than what is granted through your User Licence;

(d)       establish and maintain effective security measures to safeguard the Confidential Information from unauthorised access, use, copying or disclosure and to use the same degree of care as it uses to protect its own confidential information or which a prudent person would use to protect their highly confidential information (whichever standard is the higher); and

(e)       immediately notify the User of any potential, suspected or actual unauthorised use, copying or disclosure of the Confidential Information

16.3       You agree you shall not use any Confidential Information for your own benefit or for any commercial purpose other in accordance with these Terms of Use.

16.4       You indemnify Business Investing against any Claims suffered or incurred by us as a result of or in connection with a breach by you of a warranty in or your obligations under this clause 16.

17. Cancellation/ termination

17.1       You may terminate your Membership Option and disable your account at any time by giving us 48 hours written notice requesting that your Membership Option and account be terminated.

17.2       Unless we communicate otherwise, following termination of your User Account you will have access to your Licence through the end of your current prepaid Subscription Cycle.

17.3       We reserve the right to charge a reactivation fee in the event you terminate your User Account and you wish to reactivate it at a later date.

18. Intellectual Property Rights

18.1     All intellectual property in this Site (including trademarks, texts, images, illustrations, designs, icons, photographs, video clips, sound clips, graphics, logos, icons and all software relating to this Site) (‘Content’) is owned, licenced by, used with permission, or otherwise lawfully used by Business Investing.

18.2     Content and other material appearing on our Site is subject to copyright vested in us or third parties. All Content is protected by Australian and international copyright and other intellectual property laws. You must not do anything which interferes with or breaches those laws or the intellectual property rights in the Content. You may be liable for damages or other penalties if you breach our intellectual property rights or copyright or intellectual property laws.

18.3     Without limiting clauses 18.1 and 18.2, we expressly reserve all rights in and to the https://businessinvesting.com.au/ and all related domains and sub-domains, the name “Business Investing”, our logos, service marks, trading names or trademarks (whether registered or unregistered). Other trademarks, products and company names mentioned on the Site may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

18.4     Despite anything to the contrary in these Terms of Use or on the Site, Users may not copy, reproduce, publish, store and transmit the Content in any form or by any means in whole or in part without the prior written approval of Business Investing, or the relevant affiliate, or third party owner.

18.5     Without limiting clause 18.2, Users may not directly or indirectly copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, remove any credits, publish, post frame within another website or create derivative works from any part of this Site or commercialise any information obtained from any part of this Site without our prior written permission or, in the case of third-party material, from the owner of the intellectual property rights in that material.

18.6     Requests and inquiries concerning reproduction and rights should be addressed to admin@businessinvesting.com.au

18.7     External website images and content, if any, accessible on www.businessinvesting.com.au are used by us with the permission of the authors of those websites and must not be reproduced without obtaining the permission of the author of those materials.

18.8     The copyright in material appearing on content linked from our Site vests in the author of that material, or the author’s licensee (subject to the operation of the Copyright Act 1968 (Cth)). We recommend that you refer to the relevant external copyright statement before making use of any material.

18.9     You acknowledge that your access to this Site may be withdrawn at any time without notice and these Terms of Use shall survive any such withdrawal.

18.10    For the avoidance of doubt, the fact that your device downloads information from the Site for the sole purpose of displaying the Site to you is not a breach of the limited licence granted under these Terms of Use.

19. User Generated content

19.1       Posting UGC

(a)       Where the functionality of Site allows, Users may post UGC to the Site.

(b)       Any UGC posted by you will be attributed to the username you provide or the username of the account you log in with. Except where you expressly consent, we will not publish your email address on the Site.

(c)        We may (in our sole discretion) refuse to publish any UGC (or remove any published UGC, without notice). We will not be liable to you for Claim in connection with our decision to refuse to publish or to remove published) UGC or in connection with the actual removal of that UCG.

(d)       We may close your User Account, restrict your ability to and/or ban you from being able to post UGC to Site if you we consider (in our sole discretion) the UCG is offensive, obscene, sexually explicit, defamatory, racist, harmful, threatening, inaccurate, unlawful, illegal or deceptive or otherwise in breach of these Terms of Use.

19.2       Views and opinions

(a)       Views and opinions expressed in UGC submitted by Users are those of the individual or organisation submitting the UGC, not ours and we accept no responsibility for the content of any UGC.

(b)       If you consider any UGC or other content or material on the Site to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing us at admin@businessinvesting.com.au

19.3       Rights, permissions & waivers

(a)       Publication of your UGC will be at our sole discretion and we are entitled to make additions or deletions to your UGC prior to publication, after publication or to refuse publication.

(b)       Other than information communicated between users via the Messaging System, any UGC you submit to our Site will be considered non-confidential and non-proprietary. We cannot maintain your privacy if you decide post personal information or information that can identify you to online platforms on our Site.

Business Investing reserves the right to review the content of any messages communicated in the Messaging System as required whilst complying with The Privacy Act 1988 (Cth), the Australian Privacy Principles and privacy policy (which may be accessed here www.businessinvesting.com.au

You grant Business Investing a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce and publish your UGC (including, without limitation, the right to adapt, alter, amend or change your UGC) in any media or format (whether known now or invented in the future) throughout the world without restriction.

(c)        You warrant that you have all necessary rights and permissions of the relevant owner of the UGC to allow you to grant the rights and permissions in this clause 20.3.

(d)       You consent to Business Investing infringing any Moral Rights (or similar rights in any other jurisdiction that you may have or become entitled to in any UCG.

19.4       Warranties

(a)       Each time you submit UGC to our or via our Site you warrant to us that your UGC (including its use, publication and/or exploitation by us) does not:

(i)         infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity;

(ii)       contain any material which is defamatory of any person;

(iii)      contain misleading or deceptive statements or omissions or misrepresentation as to your identity (for example, by impersonating another person) or your affiliation with any person or entity;

(iv)      breach any legal or equitable duty owed to a third party, such as a contractual duty or a duty of confidence;

(v)       advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or

(vi)      contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material;

(vii)     violate any law, statute, ordinance, rule or regulation;

(viii)    contain any material which:

(A)       is obscene, hateful, inflammatory, offensive or in any other way falls below commonly accepted standards of taste and decency in Australia;

(B)       is reasonably likely to harass, upset, embarrass or alarm a person (including, by way of example only, so called “trolling” or cyber-bullying);

(C)       is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or anxiety;

(D)       is sexually explicit;

(E)       advocates, promotes, assists or depicts violence;

(F)       advocates, promotes or assists any illegal activity or unlawful act or omission;

(G)      could be deemed to be unsolicited or unauthorised advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise);

(H)       gives the impression that it emanates from Business Investing or is endorsed or connected to us.

(b)       Each time you submit UGC to our or via our Site you warrant to us that your UGC (including its use, publication and/or exploitation by us):

(i)         is accurate, where it states facts; and

(ii)       represents your genuinely held opinion, where it states opinions (for example, in business or services reviews).

19.5      You warrant that before uploading or submitting any UGC that contains any material that is not owned by or licensed to you or which is subject to third party rights, you will obtain all releases, consents or licenses necessary to permit use and exploitation of the UGC by us without additional compensation or fee.

19.6       Consequences of breach

(a)       Without limiting any of our other rights at law if you breach if you breach any of the provisions in this clause 20.4 we may:

(i)         suspend you from using the Site without notice to you;

(ii)       edit or remove (in whole or part) any of your UGC from the Site on a temporary or permanent basis;

(iii)      sue you for any loss or damage we suffer or incur in connection with your failure to comply with any of the provisions of this clause 20.6.

You will be liable to us and indemnify us for any Claims incurred by us as a result of or in connection with a breach by you of a warranty in or obligations under this clause 19.6.

20. Third-Party Websites

20.1      The Site may provide links to or allow you to interact with other websites or applications which are owned or operated by third-parties. Links to other websites or applications are provided for your convenience only and we do not control these other websites and applications nor are we responsible for the content, accuracy or functionality of third-party websites and applications.

20.2      The provision of a link to a third-party website or application (including those owned or operated by Businesses, Registered Entrepreneurs or Registered Sellers) does not constitute an endorsement or approval of that website or application or any of the products or services or functionality on that website or application. We are not liable for any Claim arising from or in connection with your access or use of third-party websites or applications.

21. Security

To the extent permitted by law, we do not warrant and cannot ensure the security of any information which you provided over the internet (including through or to our Site).  Accordingly, any information that you transmit to the Site is transmitted at your own risk.  If you become aware of any problems with the security of your data or the Site, please contact us immediately.

22. Disclaimer

22.1       You must ensure that your access to or use of the Site is not illegal or prohibited by laws which apply to you.  In particular, the Site may not be readily accessible from your jurisdiction and if your methods of accessing the Site are considered illegal or otherwise prohibited in your jurisdiction (for example, through a virtual private network), you acknowledge we take no responsibility for any liability you may incur in connection with your conduct.

22.2       We do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Site up to date.  The information on the Site is not, and is not intended to be, advice in any nature.  You should not act or refrain to act on the basis of any of the material on the Site without first satisfying yourself as to the truth or accuracy of all information given.  To the extent permitted by law, you release us from all liability for any loss or damage suffered or incurred by you as a result of your reliance on the accuracy or currency of information contained on the Site.

22.3       You must take your own precautions to ensure that the process that you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. We do not accept any responsibility (and you release us from any liability) for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website.

23. Limitation of Liability

23.1       To the extent permitted by law, access to the Site is provided “as is” and we do not make any representation or warranty of any kind, either express or implied, in connection with the Site.

23.2       You acknowledge that your use and access to the Site is at your own risk. To the extent permitted by law, we are not liable for (without limitation):

(a)       any Claim arising out of or in any way connected to:

(i)         the Site, your use of or reliance on the Site, or any content or material contained on the Site (including but not limited to information about Businesses) under any circumstances, including but not limited to negligence or misrepresentation; or

(ii)       an inability to use, or an interruption to, the Site; or

(b)       any direct, indirect, special, exemplary, incidental, consequential, punitive damages, loss of savings, business opportunities, revenue and profit and damage to goodwill arising out of your use of the Site.

23.3       You acknowledge that our Site contains advertising, marketing and other information submitted by Users (including but not limited to the details of Advertised Business). Any content submitted by a User and listed on the Site or elsewhere is the responsibility of that particular User.  We do not accept any responsibility for the content submitted by any User.

23.4       Business Investing does not give any warranty as to the accuracy, reliability or completeness of information which is contained in the Site, including (but not limited to) information regarding Advertised Businesses. Nothing contained on the Site constitutes a solicitation, recommendation, endorsement, or offer by Business Investing or any third party service provider to buy or sell any securities or other financial instruments in this or in in any other jurisdiction. Business Investing does not give any warranty that the information contained on the Site is compliant for the purposes of any statute or law which may apply to the relevant advertisement, business, franchise or opportunity listed.

23.5       Users must rely on their own independent investigations and enquiries in making a financial or investment decision and must not rely on information published on the Site to make a financial or investment decisions.

23.6       Users should be aware that investment in the securities of smaller companies or  start up ventures can involve greater risk than is generally associated with investment in larger, more established companies that can result in significant capital losses that may have a detrimental effect on the value of the investment.

23.7        Before making any decision, we recommend Users consult a financial adviser to take into account their own particular investment objectives, financial situation and individual needs.

24. Refund of Fee

24.1       Business Investing will provide refunds of the Fee pursuant to the Competition and Consumer Act 2010 (‘Act’) namely, if after paying the Fee and the service for the Membership Cycle is not:

(a)       provided with due care and skill;

(b)       fit for its purpose; or

(c)        provided within a reasonable time.

24.2       If you have paid your Fee and you believe that you may be entitled to a refund pursuant to the Act, you may notify us within reasonable time by way of email to admin@businessinvesting.com.au

24.3       You must provide us with:

(a)       Proof of payment of the Fee;

(b)       Suitable identification to identify you as the User Account holder;

(c)        Details as to the fault or issue with the service provided on the Site and that the fault or issue was not caused by you.

24.4       Business Investing reserves the right to refuse any request for refunds in accordance with the Act.

24.5       Where a refund is issued, the refund will be made to the Valid Payment Method used for the payment of the Fee.  Please note that we not have control over the length of time it takes to refund your Valid Payment Method. Should you have any queries in this regard, you should contact your bank.

25. Delay or Failure to Perform

25.1       Subject to clause 25.2 below and to the extent permitted by law, Business Investing is not liable for any Claim, compensation or refund if we are prevented or delayed in the performance of any of our obligations to you due to any cause beyond our reasonable control including (without limitation) an act of God, explosion, flood, fire or accident, war or civil disturbance, strike industrial action or stoppages of work, any form of government intervention, a third party act or omission, failure of our supplier(s), network outages or interruptions, power outages or interruptions, malicious code, malware or viruses, service interruptions,  failure by you to give us a correct delivery address or notify us of any change of address.

25.2       Business Investing will inform you of any such unforeseen event or of force majeure within seven (7) days of its occurrence. Should this interruption continue beyond a period of two (2) weeks, you will be entitled to a refund for the Fee paid for the period whereby we are unable to deliver our services due to the causes outlined at clause 25.1 above.

26. Indemnity

You indemnify us against all Claims which arise out of or relate to your use of the Site, any UGC you upload to the Site or information that you provide to us via the Site or any damage that you may cause to the Site. This indemnity includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).

27. Governing Law

These Terms of Use are to be governed and construed in accordance with the laws of Queensland, Australia. If you access the Site in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.