Business SA Terms and Conditions for Member Connect

1.1 The South Australian Employers Chamber of Commerce (Business SA) is the proprietor of the business networking service known as 'Member Connect' accessible via the website located at www.business-sa.com (Website) and any related domain name notified by Business SA from time to time (Service). 

1.2 These Terms and Conditions apply to Your use of the Service. By proceeding to access or use the Service, You agree that you have read and understood these Terms and Conditions and that You will be bound by these Terms and Conditions as they appear on the Website from time to time or are otherwise made available by Business SA in connection with the Service.

1.3 You are personally responsible for Your use of the Service. These Terms and Conditions bind You as the user. Where You purport to access the Service (or upload or submit any Material to the Service) on behalf of a third party (including Your employer), You warrant that you are authorised to bind that third party to these Terms and Conditions and acknowledge and agree that both You and the third party will be bound by these Terms and Conditions.

1.4 These Terms and Conditions are to be read in conjunction with Business SA's Terms of Trade (if applicable), Business SA's Privacy Policy and Business SA's Website Terms and Conditions, all of which may apply to Your use of the Service or access to the Service.

1.5 Definitions
Unless otherwise provided in these Terms and Conditions:
(a) Content Standards means any content standards or publication guidelines for the submission of content to the Service as made available by Business SA from time to time.
(b) Intellectual Property Rights means all intellectual property rights, including but not limited to, the following rights:
(i)  patents, copyright, rights in circuit layouts, designs, moral rights, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
(ii) any application or right to apply for registration of any of the rights referred to in paragraph (i); and
(iii) all rights of a similar nature to any of the rights in paragraphs (i) and (ii) which may subsist anywhere in the world (including Australia), whether or not such rights are registered or capable of being registered.
(c) Material means any information, images, photographs, video clips, logos, trade marks, data, text, graphics, links, programming code or other material published, contained, submitted to or made available on or in connection with the Service.
(d) Privacy Policy means the Business SA privacy policy (a copy of which is available here) which details how Business SA will deal with your personal information.
(e) Terms and Conditions means the Service terms and conditions set out below.
(f) Terms of Trade means any terms and conditions made available by Business SA in connection with the supply of any goods or services by Business SA.
(g) Website Terms and Conditions means any terms and conditions made available by Business SA for use of the Website.
(h) You, Your and Yours means any person who accesses the Service.

2.  In these Terms and Conditions, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a party is to a party to this agreement, and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;
(d) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(e) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re enactments or replacements of any of them;
(f) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(g) any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;
(h) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(i) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.

3. Changes to the Terms and Conditions
3.1 Business SA reserves the right to change these Terms and Conditions at any time without prior notice. You should refer to these Terms and Conditions regularly. Any amended terms and conditions will apply to the continued use of, and access to, the Service.  

4. Use of the Service
4.1 The Service is intended primarily for Business SA members and/or users located within Australia. Business SA does not represent or guarantee that the Service or any Material made available by the Service will comply with the laws (including intellectual property laws) of any other country.
4.2  If You access or use the Service from outside of Australia, You do so at you own risk and You are responsible for ensuring compliance with all laws in the place from where You are accessing or using the Service.

5.  Personal information
5.1  The data and information that You enter into or upload to the Service, including but not limited to any personal information you submit for the purpose of becoming a registered user or otherwise accessing the Service, may be used by Business SA to:
(a) provide the Service to You and other users;
(b) identify You as a user of the Service;
(c) compile a database of users;
(d) monitor Your use of the Service; and
(e) contact You to discuss the Service.

5.2  Subject to the terms of Business SA's Privacy Policy and clause 5.1of these Terms and Conditions, Business SA will not share Your personal information with third parties without Your prior consent.
5.3 No data transmitted over the Internet can be guaranteed to be secure. Business SA does not warrant and cannot ensure the security of any information that You submit. Accordingly, any information that you submit to Business SA or upload to the Service is transmitted at Your own risk.

6.  Links to and from the Service
6.1 The Service may contain links to other third party services, documents or websites and may contain the information, opinions or Material of other Service users. Business SA is not responsible for:
(a) the content of any other service, websites or documents linking to or from the Service; and
(b) any Material uploaded by another user of the Service and made available to You (including any opinion or comment expressed in such Material).
6.2 You agree that the availability of Material submitted by another user of the Service is not an endorsement or recommendation of that Material by Business SA.
6.3 If You wish to establish a link to the Service other than as provided for by the Service itself, You must first seek approval from Business SA in writing. If Business SA agrees to Your proposed link, You must comply with any terms and conditions imposed by Business SA.

7.  You must not frame any part of the Service or incorporate it into another Service without the prior written consent of Business SA.

8.  Intellectual Property
8.1 All Intellectual Property Rights in the Service and/or Material made available via the Service is owned or used under licensed by Business SA. No Intellectual Property Rights or other rights in the Service or any Material is transferred to You by reason of Your use of the Service.  
8.2 Except as permitted under the Copyright Act 1968 (Cth), or any other applicable law in the location from which You access the Service, You may not adapt, reproduce, publish or distribute copies of any Material accessed via Service in any form (including by e-mail or other electronic means) without Business SA's prior written consent.
8.3 You hereby grant to Business SA a non-exclusive, worldwide, perpetual, transferable, unlimited, assignable, irrevocable and royalty-free licence to use, reproduce, modify, distribute, publish, sub-licence and prepare derivative works from any Material uploaded or submitted by you as part of your use of the Service.
8.4 For the avoidance of doubt, You grant to Business SA all rights, licences and consents needed by Business SA to use any Material uploaded or submitted by You for the purposes of operating the Service, conducting any aspect of its business and promoting Business SA generally. 
8.5 You agree not to assert any moral or similar rights You may have in any Material you upload or submit.
8.6 Business SA reserves the right to reject, block, modify, suspend or remove any Material uploaded or submitted by You at any time. Business SA makes no guarantee that Your Material will actually be published or used by the Service.
8.7 Business SA is not responsible for how another user of the Service makes use of any Material uploaded or submitted by You, including if Your Intellectual Property Rights are infringed by another user. If you become aware of such misuse, please report it to Business SA and cooperate with all reasonable requests made by Business SA to investigate any complaint.

9.  Obligations
9.1 By using the Service You acknowledge and agree that:
(a) You will keep any password issued for Your use of the Service confidential and not permit other users to access Your account;
(b) You will be solely responsible for all aspects (including but not limited to the accuracy and correctness) of any Material that You upload or submit (regardless of whether or not that Material is ultimately made available to the other users of the Service or not);
(c) You warrant that any Material You upload or submit is not false, misleading, fraudulent or defamatory and does not infringe the Intellectual Property Rights of any third party;
(d) You warrant that any Material You upload or submit is complies with any Content Standards in force at the time you upload or submit the Material;
(e) You will only provide current, accurate and up-to-date Material and will continually update information provided by You as required;
(f) You will not upload or submit any Material which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethically objectionable;
(g) You will not attempt to change, add to, remove, deface, hack or otherwise interfere with the Service or any Material displayed on the Service;
(h) You will not undertake any action that will impose a burden or make excessive traffic demands on the infrastructure for the Service that Business SA deems to be unreasonable; and
(i) You will not impersonate any other person or use another person's account.

9.2 Business SA does not guarantee that access to the Service will be uninterrupted or that the Service is free from viruses or anything else which may damage any computer which accesses the Service or any data or such computer.
9.3 Business SA reserves the right to exercise whatever means it deems necessary to prevent unauthorised access to or use of the Service, including by requiring You to re-register with the Service from time to time.

10. Limitation of Liability

10.1 Business SA, its agents, instrumentalities, officers or employees will not, under any circumstances (including tort or negligence), be liable for, or accept responsibility for any compensatory, special, incidental, direct, indirect or consequential damages of any kind, liabilities, claims and expenses, however caused, (including but not limited to legal costs and defence or settlement costs), or any damages for loss of data, profit or income or any other losses whatsoever that result from Your use of the Service or use of the Service by other users, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.

10.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation (including the Competition and Consumer Act 2010) implies any condition or warranty, and that legislation prohibits Business SA from excluding or modifying the application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included but Business SA's liability will be limited for a breach of that condition or warranty to supplying the relevant goods or services again or the payment of the costs of having the goods or services supplied again.

11. You agree to indemnify and hold harmless Business SA and each of its agents, instrumentalities, officers and employees and to keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees on a solicitor and own client basis), claims and damages arising from:

(a) any breach by You of these Terms and Conditions;
(b) the upload or submission of any Material by you to the Service; and/or
(c) Your access to and/or use of the Service.

12. Termination of Access

12.1 Business SA reserves the right to terminate Your access to the Service at any time, and for any reason whatsoever (including, but not limited to, a breach of these Terms and Conditions).
12.2 You may terminate your access to the Service at any time by providing notice to Business SA in writing in accordance with the notice requirements specified in or in connection with the Service.

13. Governing Law

13.1 The Service, is controlled and operated by Business SA. By accessing this site, You acknowledge and agree that any disputes in relation to the Service are to be determined by the courts of South Australia,  in accordance with the laws of South Australia.

14. General

14.1 Business SA accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond Business SA' reasonable control.
14.2 If Business SA waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will be automatically waived on any other occasion.
14.3 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
14.4 You must take Your own precautions to ensure that the process which You use for using or accessing the Service does not expose You to a risk of viruses, malicious computer code or other forms of interference which may cause damage.

NOTE: The cancellation policy of refunds granted up to five (5) working days prior to the program does not apply when participants have transferred once.

Business SA Terms, conditions, fees and refund policy: Publications

All Publications: Payment is required at time of ordering publication. A tax invoice will be provided. All prices are subject to change. All publications are available for perusal at Business SA. No returns accepted and no refunds given. Purchased publications are intended for the purchaser only and cannot be reproduced in any way to a third party. These terms are to be read in conjunction with the specific terms of purchase located on the publication's individual page

Updateable Publications: Total cost for serviced publications applies in the first year. Updating service fee only applies in second and subsequent years. Subscribers will be automatically invoiced immediately prior to their initial purchase month for the next 12 month updating period.

Pro Forma Packages and Booklets: Faulty CD-ROMs will only be replaced within 45 days of purchase. Lost or misplaced folders, booklets and/or discs will incur a replacement cost.