Welcome to the website of the Busselton Chamber of Commerce and Industry (ABN 31149768845) (“we”, “us” or “BCCI”).
This website is located on the web via the domain https://busseltonchamber.com.au and includes all of the files located in that domain (“this site”).
Agreement to these Website Terms of Use
By accessing this site, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and BCCI and govern your use of this site. These Website Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.
Privacy Policy
As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy which is incorporated by reference into these Website Terms of Use.
Security
BCCI will actively take steps to protect the information you provide to us via this site. However, BCCI cannot guarantee that the information you transmit over the site or via the internet generally will be secure. There are risks in using the site notwithstanding our efforts to secure and encrypt the information you send us. Therefore, you accept that any information you provide us is at your own risk.
BCCI recommends that you maintain up-to-date anti-virus, anti-malware and anti-spyware software on your computer or device.
Restrictions on use
Prohibited conduct
Your use of this site is subject to the rules set out in Schedule 1 below.
Violations of these Website Terms of Use
Without limiting any other remedies available to BCCI at law or in equity, BCCI reserves the right to, without notice:
- temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:
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- you breach any provision of these Website Terms of Use;
- BCCI is unable to verify or authenticate any information that you provide to us; or
- BCCI believes that your actions may cause damage and/or legal liability to BCCI, any of its customers or suppliers or any other person; and
- remove or block access to any information and/or materials (in whole or in part) that BCCI, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.
Indemnity
You indemnify and hold harmless BCCI and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through this site;
- your use of, or connection to, this site; or
- your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
Registration and account security
Requirement for registration
BCCI reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you will be issued a username and password to access your account. You are responsible for maintaining the security of your username and password (and any username and password of your authorised representative) for this site. BCCI will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that BCCI will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify BCCI immediately of any known or suspected unauthorised use of any password or any other breach of security.
User information
To register an account with this site, you must agree to these Website Terms of Use and provide BCCI with:
- a valid email address;
- accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
- any other information that may be required by BCCI during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to BCCI that all information provided to BCCI by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Approval of registrations
BCCI reserves the right to accept or reject any application for registration of an account with this site at its discretion.
Orders
Order constitutes offer
By placing any order through this site, you make an irrevocable offer to us to purchase the products or services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products or services to you – however, BCCI will endeavour to supply your selected products or services to you.
We will not commence processing any order made through this site unless and until:
- payment for the order has been received by us in full; and
- the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
- at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
- at any time:
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- refuse to provide products or services to you;
- terminate your access to this site; and/or
- remove or edit any content on this site.
Orders for products or services through this site are for your own personal and non-commercial use. You may not sell, resell, transfer, assign, distribute, replicate or otherwise commercially exploit or make available to any third party any product or service purchased and/or accessed through this site.
The provision of products and services is at all times at the absolute discretion of BCCI and those products and services are subject to change, variation, or cancellation at any time.
BCCI makes no representation or promises that the products or services will continue to be provided in the same form and substance as when those products or services were offered at the time of placing an order through the website.
Acceptance of orders
Acceptance of each order will take place if and when BCCI either:
- provides the products or services to you, at the time at which BCCI commences providing the products or services; or
- notifies you in writing that your order has been accepted, at the time at which such notification is sent by BCCI.
Prices
BCCI reserves the right to change the prices for products or services displayed in this site at any time before you place an order.
GST
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment methods
Payment made through this site may be made by credit or debit card processed online using the secure Stripe payment gateway. Bank account and BSB details cannot be accepted online for payment processing.
Stripe secure payment gateway
BCCI uses the third party Stripe payment gateway provided by Stripe Payment Australia Pty Ltd (ACN 160 180 343) for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy links to which are provided from the Stripe checkout pages. For more information about Stripe see the Stripe website.
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
Credit and debit card payments
Stripe accepts Visa, Mastercard and American Express. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. BCCI does not charge additional transaction fees for paying by credit or debit card. In the event that payment of funds is not received or funds are reversed by the cardholder, BCCI reserves the right to terminate the supply of products and services related to the order.
Refunds and other remedies
Except as expressly provided otherwise in these Website Terms of Use, all amounts paid through this site are non-refundable. Further information on the steps that BCCI will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Website Terms of Use below. For more information about obtaining refunds from third-party suppliers, see the paragraphs headed “Refunds from suppliers” in these Website Terms of Use below.
Payment security
While Stripe and our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than BCCI. This website does not store, hold or maintain credit or debit card information. All credit and debit card information is handled directly through Stripe secure servers which are PCI Compliant.
The payment checkout process may request further information from you before finalising the transaction. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed the fraud prevention checks, your order cannot be finalised. If your transaction has been unsuccessful and payment has been received, it will be refunded back to you.
Dealings with third parties
Content supplied by third parties
This site may include an online portal that allows third parties to advertise products and/or services for sale to our users through this site and to upload information and other content directly to this site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
- any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libelous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
- any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
- any loss or damage that results from any dealings that you may have with such third parties.
Third-party products, services and websites
We do not recommend or endorse any third-party products or services that are listed, advertised or referred to in this site or the content of any third-party websites. We are not responsible for the content of linked third-party websites, websites framed within this site or third-party advertisements and we do not make any representations or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third-party websites is at your own risk and subject to their respective terms and conditions of use.
User acknowledgements
You acknowledge that BCCI does not:
- check the truth or currency of any of the material or information that third parties provide or make available through this site;
- control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this site or whose identities become known to you through this site, including suppliers of content that is published or made available in or through this site;
- offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
- endorse or recommend any third-party supplier or any third-party goods or services, including where details of the relevant supplier are provided by BCCI to you or otherwise become known to you through this site.
Role of BCCI
The relevant supplier, and not BCCI, is:
- the supplier of the products and/or services that you offer to purchase; and
- solely responsible for supplying you with those products and/or services and for those products/services themselves.
We do not act as agent for the supplier and we make no representation or warranty, and provide no guarantee, that the supplier will provide you with the products and/or services that you offer to purchase through this site, or that those products/services will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any supplier listed on this site and any products or services supplied, offered or recommended by or on behalf of a supplier.
Supplier’s terms and conditions
Acceptance of an order creates a contract between you and the relevant supplier in respect of the provision of the products and/or services that are the subject of that order. BCCI is not a party to that contract. That contract will be subject to the relevant supplier’s own terms and conditions of supply. You will be responsible for investigating and reviewing the supplier’s terms and conditions of supply – including its policies on refunds, returns, cancellations and rescheduling, as applicable – prior to placing any order through this site.
Refunds from suppliers
As between you and BCCI, all amounts paid through this site are non-refundable. If, pursuant to the terms and conditions of the contract that is formed between you and any supplier upon the acceptance of any offer that you make through this site, you are entitled to any refund, the relevant supplier is solely responsible for providing you with that refund. BCCI does not guarantee the provision of that refund to you and you must take action against the supplier directly, and not against BCCI, in order to enforce your entitlement to that refund.
Disputes between users and suppliers
You are solely responsible for your interactions with suppliers listed on this site and BCCI is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.
If you believe that any supplier from which you have purchased any products or services through this site has failed to provide those products or services to you, or that those products or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. BCCI will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.
Intellectual property
Copyright
This site is our copyright property. All rights are reserved.
In these Website Terms of Use, the term “Proprietary Content” means:
- this site;
- all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by BCCI in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).
All Proprietary Content is the property of BCCI or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish, reverse engineer or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of BCCI or other copyright owners (as applicable). No part of this site may be reproduced on any other internet site.
You may access and display these pages on a computer or a monitor and download and print out content from this site only for your own personal and non-commercial use.
Intellectual property rights in certain material included on this site purchased through this site, or processes used in, constructing or accessing this website, may be the property of third parties. If you seek to reproduce or otherwise use any such material or process in any manner, which would involve the exercise of the rights of the intellectual property owner, it is your responsibility to obtain authorisation for that reproduction or other use from the relevant third party or parties.
You may not remove, alter or modify any copyright, trademark or other proprietary notices that appear in conjunction with any text or graphics with this site.
User Content
In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This site contains some features that enable you and other users to upload User Content. BCCI reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
- represent and warranty to BCCI that your sharing of that User Content does not infringe any copyright, any person’s intellectual property rights or other legal right of any other person; and
- grant to BCCI a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at BCCI’s absolute discretion.
Copyright claims
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third-party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BCCI AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, BCCI and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee (whether express or implied, statutory or otherwise) as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this site will meet your requirements or expectations;
- anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
- the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this site or the servers that make it available are free of viruses or other harmful components.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, BCCI and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
Remedies limited
To the maximum extent permitted by law, BCCI and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition, representation or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at BCCI’s sole discretion):
- in the case of products, to any of the following:
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- the replacement of the products or the supply of equivalent products; or
- the payment of the cost of replacing the products or of acquiring equivalent products; and
- in the case of services:
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- the supply of the services again; or
- the payment of the cost of having the services supplied again.
Release
You agree that your use of this site is at your own discretion and risk. You agree to release BCCI and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. BCCI may plead this release as a bar and complete defence to any claims or proceedings.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, BCCI excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of BCCI , and BCCI shall be entitled to a reasonable extension of time for the performance of such obligations.
General
Interpretation
In these Website Terms of Use, the following rules of interpretation apply:
- headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
- these Website Terms of Use may not be construed adversely against BCCI solely because BCCI prepared them;
- the singular includes the plural and vice-versa;
- a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Notifications
BCCI may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.
Costs
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these.
Website Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without BCCI ’s prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
BCCI may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
No waiver
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by BCCI to act with respect to a breach by you or others does not waive BCCI ’s right to act with respect to that breach or any subsequent or similar breaches.
Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Variation
BCCI reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products or services offered through this site.
The provision of products and services is at all times at the absolute discretion of BCCI and those products and services are subject to change, variation, or cancellation at any time.
You may only vary or amend these Website Terms of Use by written agreement with BCCI.
Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of Western Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia and the courts of appeal from them.
Schedule 1 – Prohibited conduct
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
- use this site by any automated means;
- use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- use or access this site for the purposes of cyber extortion or any other illegal activity or internet crime;
- access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this site;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
- reproduce, duplicate, copy or store any of the material appearing on this site (whether owned by BCCI or a third party) other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this site;
- do anything that leads, or may lead, to a decrease in the value of BCCI’s intellectual property rights on this site;
- use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to BCCI without BCCI ’s prior written consent; or
- use this site to transmit any information or material that is, or may reasonably be considered to be:
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- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libelous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring BCCI or any of its staff into disrepute.
