Shire Legal Pty Ltd t/as Business Know How (Website Owner) owns and operates this website. Access to and use of this Website, and the products and services available through this Website, including but not limited to the Course and the Membership (collectively, Services), is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you (Client) are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

These Terms of Use shall be incorporated into any agreement between the Website Owner and the Client (Agreement). In case of any inconsistency between these Terms of Use and any Agreement, the terms of the relevant Agreement shall prevail.

1. Amendments to Terms of Use

Website Owner reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms of Use as amended.

2. Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

3. Linked sites

This Website may contain links to other websites (Linked Sites), which are not operated by Website Owner. Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

4. Privacy policy

Our privacy policy, which sets out how we will use your information, can be found at www.businessknowhow.com.au/privacy. By using this Website, you consent to the terms of the privacy policy and warrant that all data provided by you is accurate.

5. Prohibitions

• You must not misuse this Website. You will not:
  • commit or encourage a criminal offence;
  • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • hack into any aspect of the Service; corrupt data; cause annoyance to other users;
  • infringe upon the rights of any other person's proprietary rights;
  • send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
  • attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Breaching this provision would constitute a criminal offence and Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

• We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

6. Intellectual property, software and content

• Unless otherwise specified, you are granted a non-exclusive, non-transferable, limited right to access and use the Website and the material provided therein for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms of Use.
• You understand that only you may use your user account and password, and that your use of the Website is only valid for your personal, non-commercial use and may not be shared with others.
• The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Website Owner or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Website Owner and its licensors.
• You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website.

7. Disclaimer of liability

• Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the Services and the material displayed on this Website are provided without any guarantees, conditions or warranties as to its accuracy.
• To the fullest extent permitted by law Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Services, or this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
• This does not affect Website Owner’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

8. Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

9. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Website Owner and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Website Owner.

10. Indemnity

You agree to indemnify, defend and hold harmless Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or the Services, or your breach of the Terms of Use.

 11. Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

12. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by emailing [email protected].

13. General

• Force majeure
  • Neither Party has any liability under or be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from circumstances beyond the reasonable control of that Party.
  • The Party affected by such circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
  • If such circumstances continue for a continuous period of more than 6 months, either Party may terminate this agreement by written notice to the other Party.
• Amendments

Website Owner has the right in its absolute discretion at any time and without notice to amend, remove or vary any page of this Website.  Any agreement between the Parties in relation to the Services may only be amended in writing signed by duly authorised representatives of the Parties.

• Assignment
  • Subject to the following sub-clause, neither Party may assign, delegate, subcontract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this agreement without the prior written agreement of the other Party.
  • A Party may assign and transfer all its rights and obligations under this agreement to any person to which it transfers all of its business, provided that the assignee undertakes in writing to the other Party to be bound by the obligations of the assignor under this agreement.
• Entire agreement
  • This agreement contains the whole agreement between the Parties in respect of the subject matter of agreement and supersedes and replaces any prior written or oral agreements, representations or understandings between them relating to such subject matter.
  • The Parties confirm that they have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.
• Waiver
  • No failure or delay by the Website Owner in exercising any right, power or privilege under this agreement will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
  • The rights and remedies provided in this agreement are cumulative and not exclusive of any rights and remedies provided by law.
• Further assurance

Each Party to this agreement must at the request and expense of the other execute and do any deeds and other things reasonably necessary to carry out the provisions of this agreement or to make it easier to enforce.

• Severance

If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement. It will not in any way affect any other circumstances of or the validity or enforcement of this agreement.

• Notices

A notice or other communication connected with this agreement has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by pre-paid post to the address of the addressee as set out in this agreement, or sent by facsimile to the facsimile number of the addressee.

• Law and jurisdiction

This agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in New South Wales, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.