By registering as a Member of the Inspired Business Group website, you are agreeing to be bound by the following terms and conditions.
Terms and Conditions of Use
- Definitions
In these Terms and Conditions: "You" is the person or organisation licensed to use the Inspired Business Group Online Member Services and includes all officers, employees and agents of the said person or organisation.
- Term
This Agreement is deemed to commence on the date that You register for a membership of the Inspired Business Group website, and will continue until you notify us of your desire to terminate your membership, unless terminated earlier in accordance with these terms and conditions.
- Application
These terms and conditions apply to all aspects of your use of the Inspired Business Group Online Member Services. You acknowledge that in the event that you sign up for additional services provided by the Inspired Business Group, such as a telecommunications plan, or freight service, that you will need to agree to further terms and conditions as applicable for the required service.
- Licence to use the Online Member Services
On condition that you comply with the terms and conditions of the Agreement, Inspired Business Group grants You a non-exclusive, non-transferable and non-assignable licence for the term of this agreement to use the Online Member Services for Your internal business purposes only. You must not copy or modify any information provided in the Online Member Services, without Inspired Business Group's prior written permission. You must not on-sell or sub-license the Inspired Business Group Online Member Services or allow any other person to use the Inspired Business Group Online Member Services without the Inspired Business Group's prior written permission.
- Intellectual Property
All intellectual property rights in and to the Inspired Business Group Online Member Services are and will remain the exclusive property of the Inspired Business Group. Intellectual property rights in any improvements in, or modifications to, the Inspired Business Group Online Member Services vest in the Inspired Business Group immediately upon creation. You must cooperate with the Inspired Business Group and do everything reasonably necessary to give effect to this clause.
- Security
You must take all steps reasonably necessary to ensure there is no unauthorised access to the Inspired Business Group Online Member Services. You must keep secure all usernames and passwords issued to You by the Inspired Business Group or set by You during your account creation or maintenance. You must ensure that all passwords are sufficiently difficult for someone to guess. We recommend that you do not write down or store your passwords anywhere. The Inspired Business Group will ensure that Your information and data is stored securely and protected against unauthorised access.
- Availability of the Inspired Business Group Online Member Services
The Inspired Business Group Online Member Services will be provided on a continual 24/7 basis, subject to some minor interruptions to the service from time to time to allow backing up and routine maintenance.
- Information Provided within the Inspired Business Group Online Member Services
You acknowledge that the information provided within the Inspired Business Group Online Member Services may be out of date or may not be 100% accurate. Whilst the Inspired Business Group will use its best endeavours to keep all information up to date, You should not act on any of the information provided without first discussing your specific situation and requirements with a consultant of the Inspired Business Group. - Browser compatibility
The Inspired Business Group makes no representation or warranty that the Online Member Services are compatible with Your browser and any browser updates installed and used by You. You acknowledge that it is your responsibility to ensure that the Online Member Services are compatible with Your browser and any of its updates.
- Termination
The Inspired Business Group may terminate this Agreement immediately by giving You notice if:- You breach any term of this Agreement and fail to remedy that breach within 7 days of receiving a notice from the Inspired Business Group requiring You to remedy the breach;
- You breach any term of this Agreement which is not capable of being remedied; or
- You go into liquidation, have a receiver, receiver and manager, administrator or similar person appointed, enter into a scheme of arrangement with creditors or
are unable to pay Your debts as and when they fall due; or
- You breach any term of this Agreement and fail to remedy that breach within 7 days of receiving a notice from the Inspired Business Group requiring You to remedy the breach;
- Warranties
Each party warrants that it has authority to enter into and to perform its obligations under this Agreement. The Inspired Business Group represents and warrants to You: that it owns all intellectual property rights in and to the Inspired Business Group Online Member Services; that it has the right to grant the licence contained in clause 5; and that use of the Online Member Services by You in accordance with this Agreement will not infringe the intellectual property rights of any person. To the maximum extent permitted by law, all other conditions and warranties whether statutory or otherwise are excluded in relation to the Online Member Services.
- Liability
You acknowledge and agree that in no circumstances will the Inspired Business Group be liable to You for any indirect or consequential loss or damage (including loss of profits). You also acknowledge and agree that the maximum amount You may recover from the Inspired Business Group (whether by way of damages or otherwise) in respect of all claims under or in respect of the Online Member Services or this Agreement (other than in respect of third party intellectual property infringement under clause 17) is limited in aggregate to the total amount paid to the Inspired Business Group by You under this Agreement
- Indemnity
You continually indemnify the Inspired Business Group and its officers, employees and agents ("the Indemnified") against any liability or cost (including reasonable legal costs and expenses) which any of the Indemnified incur concerning any claim or action, or any threatened claim or action, by any person arising from any act or omission by You (including negligence arising from Your performance of this Agreement) or any breach of this Agreement by You.
- Costs
Unless otherwise agreed, You must meet all costs and expenses required to comply with Your obligations in this Agreement.
- Dispute Resolution
Any dispute or difference whatsoever arising out of or in connection with this agreement shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators and Mediators Australia Mediation and Conciliation Rules. During such mediation, both parties may be represented by a qualified legal practitioner.
- Notices
All notices which are required to be given shall be in writing and be sent to the registered business address of the recipient. Any notice may be delivered by hand, registered post or facsimile. Such notice shall be deemed to have been served when delivered (if delivered by hand), 48 hours after posting (if delivered by registered post) or upon receipt of transmission (if delivered by facsimile).
- General
Failure or neglect by either party to enforce at any time any of the provisions of this Agreement will not be construed or deemed to be a waiver of that party's rights under this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable for any reason, that provision will be deemed deleted from this Agreement and the remainder of this Agreement will continue to have full force and effect. This Agreement is governed by and must be construed according to the law applying in Victoria, Australia. This Agreement may only be varied by a document signed by or on behalf of each party. Termination or expiry of this Agreement for any reason will not affect the operation of the provisions of this Agreement which by their nature survive termination or expiry of this.