Terms of Use - Bessi Graham

Website Terms of Use

1) About the Website

Welcome to benefit.capital and bessigraham.com (the ‘Websites’). The Websites provide information about Benefit Capital, Bessi Graham, and The Jasper Blueprint as well as our approach (the ‘Services’). Access to our podcast, blog, downloads, tools, and resources for Business Leaders. (Resources’).

The Websites are operated by Benefit Capital Pty Ltd (ABN 77169969804). Access to and use of the Websites, or any of its associated Services, is provided by Benefit Capital Pty Ltd. Please read these terms (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or Services, immediately.

Benefit Capital Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Benefit Capital Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2) Acceptance of the Terms

You accept the Terms by remaining on the Website.

3) Registration to use the Resources

In order to access the Resources, you must first register your details through the Website (the ‘Account’).

As part of the registration process, or as part of your continued use of the Resources, you may be required to provide personal information about yourself (such as identification or contact details), including name, email and your company name.

You warrant that any information you give to Benefit Capital Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.

4) Your obligations as a Member

As a Member, you agree to comply with the following:

i) you will use the Resources only for purposes that are permitted by:

(1) the Terms; and
(2) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
ii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Benefit Capital Pty Ltd of any unauthorised use;
iii) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Benefit Capital Pty Ltd providing the Resources;
iv) you will not use the Resources or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Benefit Capital Pty Ltd;
v) you will not use the Resources or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
vi) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of access to the Resources. Appropriate legal action will be taken by Benefit Capital Pty Ltd for any illegal or unauthorised use of the Website; and
vii) you acknowledge and agree that any automated use of the Website or its Resources is prohibited.

5) Copyright and Intellectual Policy

The Website, the Services and Resources and all of the related products of Benefit Capital Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services, Resources and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services and Resources are owned or controlled for these purposes and are reserved by Bessi Graham, Benefit Capital Pty Ltd or its contributors.

Benefit Capital Pty Ltd retains all rights, title, and interest in and to the Website and all related Services and Resources. Nothing you do on or in relation to the Website will transfer any of the following to you:

i) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
ii) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

You may not, without the prior written permission of Benefit Capital Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the Services and Resources or third-party Services for any purpose, unless otherwise provided by these Terms.

6) Privacy

Benefit Capital Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services and Resources are subject to Benefit Capital Pty Ltd’s Privacy Policy, which is available on the Website.

7) General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
ii) Benefit Capital Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of
or in connection with the Services and Resources or these Terms (including as a result of not being able to use the Services or Resources or the late supply of the Services or Resources), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Services and the Resources is at your own risk. Everything on the Website, the Services and the Resources is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Benefit Capital Pty Ltd make any express or implied representation or warranty about the Services and Resources referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third- party conduct, or theft, destruction, alteration or unauthorised access to records;
ii) the accuracy, suitability or currency of any information on the Website, the Services or the Resources (including third party material and advertisements on the Website);
iii) costs incurred as a result of you using the Website, the Services or any of the Resources of Benefit Capital Pty Ltd; and
iv) the Services or Resources or operation in respect to links which are provided for your convenience.

8) Limitation of Liability

Benefit Capital Pty Ltd’s total liability arising out of or in connection with the Services, Resources or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services or Resources to you.

You expressly understand and agree that Benefit Capital Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

9) Termination of Terms

a) Benefit Capital Pty Ltd may at any time, terminate the Terms with you if:

i) You have breached any provision of the Terms or intend to breach any provision;
ii) Benefit Capital Pty Ltd is required to do so by law;
iii) the provision of the Services and Resources to you by Benefit Capital Pty Ltd is, in the opinion of Benefit Capital Pty Ltd, no longer commercially viable.

b) Subject to local applicable laws, Benefit Capital Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services and Resources without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Benefit Capital Pty Ltd’s name or reputation or violates the rights of those of another party.

10) Indemnity

a) You agree to indemnify Benefit Capital Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
iii) any breach of the Terms

11) Dispute Resolution

a) Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

b) Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

c) Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
ii) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed in Victoria, Australia;
iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre- condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
iv) The mediation will be held in Victoria, Australia.

d) Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

12) Venue and Jurisdiction

The Services and Resources offered by Benefit Capital Pty Ltd are based in Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

13) Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

14) Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

15) Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

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