Website Terms and Conditions
Effective date: 1 March 2023
By accessing or using https://beyondneutral.com (the Website) you acknowledge that you have read, understood and confirm your agreement to be bound by these website terms and conditions (Terms). If you do not agree to these Terms, you may not access or use the Website. Please read these Terms carefully.
The Terms form a legally binding agreement between you, in your individual capacity, and Beyond Neutral Pty Ltd, ACN 128 938 278, of Level 3, 97 Northbourne Avenue, Turner ACT 2612, and references to “we”, “us”, “our” are references to Beyond Neutral Pty Ltd, ACN 128 938 278 (Beyond Neutral). These Terms commence upon your access or use of the Website and continue until this agreement is terminated under these Terms.
1. Interpretations and definitions
1.1 In these Terms, the following words have these meanings unless the contrary intention appears:
(a) Claim means any claim, suit, action, demand, or right.
(b) Consequential Loss means all forms of indirect loss including loss of revenue, loss of profits, failure to recognise profits or savings and any other commercial and economic loss, howsoever caused.
(c) Content means any information or material on the Website as amended from time to time including but not limited to text, document, image, logo, photo, audio material, video material and audio-visual material.
(d) Covered Party means:
(i) us, including any of our affiliates, officer, director, employee, sub-contractor, agent or successor; and
(ii) any third party supplier of the Content, including any of their affiliates, officer, director, employee, subcontractor, agent or successor.
(e) Intellectual Property means all existing or future species of industrial and intellectual property, whether registered or unregistered, registrable or not:
(i) as defined in Article 2 of the World Intellectual Property Organisation (WIPO) Convention;
(ii) recognised by any statute or any principle of law or equity,
including copyrights, patents, designs, trade marks, circuit layout rights, confidential information, trade secrets and the right to register all such intellectual or industrial property rights.
(f) Intellectual Property Rights means all rights arising from any statute, or principle of law or equity in relation to Intellectual Property.
(g) Liability means responsibility for any loss (either direct or indirect), damage, injury, cost or expense and includes liability for Consequential Loss.
(h) Malicious Computer Program includes programs that contain viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.
(i) Party means a party to these terms and conditions, and Parties has a corresponding meaning.
(j) Service means any service provided in conjunction with this Website.
(k) Statutory Warranty means any right or remedy under any legislation or implied into these Terms by any legislation.
(l) Third Party Material means material from a Third Party Service which are linked or framed to and from a Third Party Service.
(m) Third Party Service means any service or website provided or operated by a third party provider.
2.1 Your access and use of the Website or Services is governed by these Terms.
2.2 We may, at our sole discretion, change, add or delete portions of these Terms at any time without notice to you. Continued use of the Website or Services by you will constitute your acknowledgement to be bound by the Terms, as amended.
3. Changes to Website or Service
3.1 We reserve, at our sole discretion, the right to make any changes from time to time to this Website or Services as considered necessary or desirable by us.
4. Access rights
4.1 Subject to these Terms, we hereby grant you a limited, non-exclusive, non-transferable, revocable right to:
(a) access, view and use Content accessible on the Website; and
(b) purchase goods or services from the Website.
4.2 It is a condition of your access and use of the Website that you will not (directly or indirectly):
(a) cause damage or interfere with accessibility to the Website;
(b) use it in connection with illegal, fraudulent or harmful purposes or activities;
(c) store, transmit or distribute Malicious Computer Program;
(d) conduct any systematic or automated data collection activities; and
(e) otherwise use the Website in a manner that exceeds the scope of use granted above.
5. Intellectual Property Rights
5.1 We own or are licensed to use all the Intellectual Property in the Website.
5.2 You may only view and download Content on the Website for caching purposes.
5.3 You must not (directly or indirectly):
(a) republish any Content from this Website;
(b) present any Content in public;
(c) reproduce or exploit any Content on this Website for commercial purpose;
(d) redistribute any Content from this Website unless we expressly permitted redistribution;
(e) otherwise copy, edit, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Website, any Content from this Website, or any part thereof,
unless you have been specifically authorised by us in writing.
6.1 You may become a registered user to access certain services of the Website.
6.2 If you become a registered user, you must:
(a) provide true and accurate information about yourself;
(b) not create accounts with false information;
(c) not transfer your account to someone else or allow someone else to share your account;
(d) at your sole responsibility keep your username and password safe; and
(e) agree to be bound by such other terms and conditions as we may specify for registration of membership.
6.3 We may suspend or terminate your membership if, at our discretion, you breach any of these Terms.
7. Third Party Services
7.1 This Website may contain links or enable access to Third Party Services.
7.2 These Third Party Services are provided for your convenience only. Third Party Services are not subject to our control and we are not responsible for any Third Party Services (including, without limitation, the suitability for your intended use of the Third Party Services). We do not endorse or recommend any Third Party Service or any associated provider organisation or their product or services. You should make your enquiries as to the suitability of any Third Party Service.
7.3 In respect of any Third Party Material or Third Party Service, we provide no warranties or representations about any of the following:
(a) the quality, accuracy, merchantability or fitness for purpose of any Third Party Material or any product or service provided by any Third Party Service; or
(b) that any Third Party Material or Third Party Service does not infringe any Intellectual Property Rights.
7.4 We are not responsible for:
(a) any offers, statements or representations that are made by or on behalf of any Third Party Service; or
(b) Malicious Computer Program from any Third Party Service.
7.5 We may receive payments from a Third Party Service in relation to goods or services supplied by them as a result of you following the link to or utilising a Third Party Service from our Website.
7.6 We do not verify, endorse or approve any Third Party Material displayed or made available on the Website.
8. No representations
8.1 We do not warrant or represent that the Website or any Content or Service available through the Website will be uninterrupted, error-free, defect-free, or that errors or defects in this Website or in respect of any Content on the Website will be corrected.
8.2 You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to, or alteration of, transmissions of data or information to or from your electronic device or available through the Website.
9. No warranties
9.1 The Website is provided ‘as is’ and we do not provide any express or implied representation or warranty and disclaims all responsibility as to:
(a) the availability of the Website and its associated services at the time you wish to use it;
(b) merchantability, fitness for a particular purpose and non-infringement;
(c) accuracy or validity of any Content on the Website;
(d) whether the Content is free from any Malicious Computer Program;
(e) any cyber-attack.
9.2 No Content on the Website constitutes advice of any kind and you should consult with an appropriate professional for professional advice.
10. Limitation of liabilities
10.1 To the fullest extent permitted by laws, our Liabilities under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose), or any Statutory Warranty is hereby excluded.
10.2 To the maximum extent permitted by laws, each Covered Party is not liable for any loss, damage, cost, expense or Liability of any kind arising out of or in connection with:
(a) your access to and use of the Website or Services, or Content available through the Website or Services;
(b) any decision or action taken by you in reliance on Content available through the Website or Services;
(c) any unauthorised access to, or alteration of, transmissions of data or information to or from your electronic device or available through the Website or Services;
(d) any interruption, unavailability, error or defect in the Website or Services, or Content available through the Website or Services;
(e) Content provided to you free-of-charge;
(f) inaccuracy, errors or omissions with any of the Content available through the Website or Services;
(g) any delay or failure in performance beyond the reasonable control of a Covered Party; and
(h) data loss or data breaches.
10.3 Exclusion of the above Liabilities apply even if you expressly advise a Covered Party of the potential loss.
10.4 To the fullest extent permitted under the law, a Covered Party is not responsible for any indirect, special or Consequential Loss to any user (including legal fees) arising out of or in connection with your use of the Website or Services, or the Content available through the Website or Services.
10.5 To the extent that we cannot exclude Liability and to the fullest extent permitted under the laws, a Covered Party’s aggregate Liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:
(a) in case of goods, any one or more of the following:
(i) replacement of the goods or supply of equivalent goods;
(ii) repair of the goods;
(iii) payment of costs of replacing the goods or acquiring equivalent goods;
(iv) payment of costs of repairing goods, and
(b) in case of services, any one or more of the following:
(i) supply of the services again;
(ii) payment of the cost of supplying the services again, and
(c) in case of any other damages, $100.00.
10.6 Nothing in these Terms will exclude or limit our liabilities in respect of any of the following:
(a) any death or personal injury caused by our negligence;
(b) any fraud or fraudulent misrepresentation on our part;
(c) matter which would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its Liability.
10.7 You acknowledge and agree that any reliance by us in respect of these limitations of Liabilities are fair and reasonable in all circumstances.
11.1 You agree to indemnify and keep indemnified the Covered Parties to the fullest extent permitted by laws from and against any and all loss, damage, cost, expense or Liability of any kind suffered or incurred by any of the Covered Parties arising from, in connection with:
(a) your breach of any of these Terms (including, without limitation any misuse of your account or account password, or the misuse of the Website, Services or Content available through the Website or Services);
(b) any wilful misconduct by you;
(c) any negligent act or omission by you;
(d) any Claim in respect of your breach of these Terms.
12. Cookies policy
12.1 You acknowledge and agree that:
(a) we may store cookies on your device; and
(b) we may issue and request cookies from your device to collect both personal and non-personal information.
12.2 You may disable cookies on your browser if you do not agree to these Terms governing cookies.
12.3 You agree that we may use, including but not limited to, following types of cookies:
(a) authentication cookies;
(b) session cookies;
(c) persistent cookies;
(d) flash cookies; and
(e) social media cookies.
(a) improve the performance by reporting any errors that occur;
(b) provide statistics about how the Website is used;
(c) remember settings that you use for our Website;
(d) identify and show that you are logged into the Website;
(e) link to social networks such as Facebook and Twitter;
(f) provide more suitable ads tailored to you.
13. Breach of these Terms
13.1 If you breach any of these Terms we may take appropriate actions against you, including but not limited to:
(a) issuing a warning notice;
(b) suspending your access to the Website or Services;
(c) prohibiting your access to the Website or Services; or
(d) bringing court proceedings against you.
14.1 These Terms terminate automatically if we cease to operate the Website or Services.
14.2 We may also suspend or terminate your access to and use of the Website or Services, your account and/or registration as a registered user at any time, without need to provide reasons. These Terms will terminate if your access to and use of the Website or Services is terminated by us.
14.3 To the maximum extent permitted by law, we reserve the right to maintain, delete or destroy any and all data relating to your account pursuant to our internal record retention and/or content destruction policies (as updated from time to time) upon the deactivation of your account and you ceasing to be a registered user. Termination of these Terms will not end those provisions that are capable of surviving the ending of these Terms.
15. Dispute resolution
15.1 If you have any concern or dispute about the Website, you agree to first try to resolve the dispute informally by contacting us at firstname.lastname@example.org. We will endeavour to respond to your concern within 14 days. If we cannot resolve the concern within 28 days, the dispute must go to mediation.
16.1 The laws of Australian Capital Territory shall govern these Terms and your use of the Website. The Parties submit to the exclusive jurisdiction of the courts of the Jurisdiction. No Party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
16.2 Your use of the Website or Services may also be subject to other local, state, national, or international laws.
16.3 We make no representation that Content is appropriate or available for use in other locations and jurisdictions.
17. Whole agreement
17.1 These Terms embody the whole Agreement between the Parties relating to the subject matter of these Terms and supersedes all previous agreements in respect of your usage of our Website or Services.
18.1 We may transfer, sub-license or otherwise deal with our rights and obligations under these Terms without notifying you or obtaining your consent.
18.2 You may not transfer, sub-license or otherwise deal with your rights and obligations under these Terms.
19.1 If all of any part of any provision of these Terms is invalid or unenforceable, then:
(a) that provision is severed from these Terms to the extent necessary to remove the invalidity or illegality; and
(b) the remaining provisions of these Terms remain valid and enforceable.
20. Survival of certain terms
20.1 The terms under these Terms which are capable of having effect after these Terms end continue to have full effect, including clauses in relation to:
(a) protection of Intellectual Property;
(b) post-agreement restraints; and
(c) guarantees, warranties, indemnities and limitation of liability.