Terms and Conditions of Use

Agreement between User and http://www.bizmanageronline.com
Welcome to http://www.bizmanageronline.com. The http://www.bizmanageronline.com website (the “Site”) is comprised of various web pages operated by New Corporate Management Pty Ltd trading as Biz Manager Online (“Biz Manager Online”). http://www.bizmanageronline.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of http://www.bizmanageronline.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

http://www.bizmanageronline.com is an E-Commerce Site.

Biz Manager Online creates a report based on data available from multiple resources to show the user’s business data.

By logging into the Biz Manager Online, the Subscriber (“User”) agrees to specifically agrees to the terms hereof and the Acceptable Usage Policy:

Internet Conditions of Fair Use

You agree that Biz Manager Online may cancel your subscription without refund in its absolute discretion if it suspects that User has breached these Fair Usage terms.

Use of Biz Manager Online internet services is ONLY intended for business use. Use is permitted where such use is not detrimental to Biz Manager Online in any way, not in breach of any term and condition hereof and does not place the individual or Biz Manager Online in breach of statutory or other legal obligations. All individuals are accountable for their actions on the internet.

This Acceptable Usage Policy covers the security and use of all of Biz Manager Online’s information services. It also covers all IT and information communications facilities operated by Biz Manager Online or on its behalf.

Individual’s Responsibility Access to the Biz Manager Online IT systems is controlled by the use of User IDs, passwords and/or tokens. All User IDs and passwords are to be uniquely assigned to named individuals and consequently, individuals are accountable for all actions on the Biz Manager Online’s IT systems.

Individuals must not:
• Allow anyone else to use their user ID/token and password on any Biz Manager Online IT system.
• Leave their user accounts logged in at an unattended and unlocked computer.
• Use someone else’s user ID and password to access Biz Manager Online’s IT systems.
• Leave their password unprotected (for example writing it down).
• Perform any unauthorised changes to Biz Manager Online’s IT systems or information.
• Attempt to access data that they are not authorised to use or access.
• Exceed the limits of their authorisation or specific business need to interrogate the system or data.
• Connect any non-Biz Manager Online authorised device to the Biz Manager Online network or IT systems.
• Store Biz Manager Online data on any non-authorised Biz Manager Online equipment.
• Give or transfer Biz Manager Online data or software to any person or organization without the authority of Biz Manager Online.

Privacy
Your use of http://www.bizmanageronline.com is subject to Biz Manager Online’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting http://www.bizmanageronline.com or sending emails to Biz Manager Online constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Biz Manager Online is not responsible for third party access to your account that results from theft or misappropriation of your account. Biz Manager Online and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Cancellation
Biz Manager Online Subscription automatically renews every 12 months. You may cancel your subscription at any time by logging in to your Biz Manager Online account and choosing Cancel under the Subscription tab.

Links to Third Party Sites/Third Party Services
http://www.bizmanageronline.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Biz Manager Online and Biz Manager Online is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Biz Manager Online is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Biz Manager Online of the site or any association with its operators.

Certain services made available via http://www.bizmanageronline.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.bizmanageronline.com domain, you hereby acknowledge and consent that Biz Manager Online may share such information and data with any third party with whom Biz Manager Online has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.bizmanageronline.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.bizmanageronline.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Biz Manager Online that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Biz Manager Online or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Biz Manager Online content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Biz Manager Online and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Biz Manager Online or our licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by Biz Manager Online from our offices within Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Biz Manager Online Content accessed through http://www.bizmanageronline.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Biz Manager Online, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Biz Manager Online reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Biz Manager Online in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Commercial Arbitration Act (“CAA”) in Queensland, conducted by a single neutral arbitrator and administered by the Australian Centre for International Commercial Arbitration (ACICA), or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Biz Manager Online agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEW CORPORATE MANAGEMENT PTY LTD TRADING AS BIZ MANAGER ONLINE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

NEW CORPORATE MANAGEMENT PTY LTD TRADING AS BIZ MANAGER ONLINE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEW CORPORATE MANAGEMENT PTY LTD TRADING AS BIZ MANAGER ONLINE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEW CORPORATE MANAGEMENT PTY LTD TRADING AS BIZ MANAGER ONLINE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEW CORPORATE MANAGEMENT PTY LTD TRADING AS BIZ MANAGER ONLINE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
Biz Manager Online reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice and without refund. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Queensland and you hereby consent to the exclusive jurisdiction and venue of courts in Queensland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Biz Manager Online as a result of this agreement or use of the Site. Biz Manager Online’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Biz Manager Online’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Biz Manager Online with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Biz Manager Online with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Biz Manager Online with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
Biz Manager Online reserves the right, in its sole discretion, to change the Terms under which http://www.bizmanageronline.com is offered. The most current version of the Terms will supersede all previous versions. Biz Manager Online encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Biz Manager Online welcomes your questions or comments regarding the Terms:

New Corporate Management Pty Ltd trading as Biz Manager Online
P.O. Box 1508
Mudgeeraba, Queensland 4213

Email Address:
admin@bizmanageronline.com

Effective as of 1st August, 2020