Terms of use

Thank you for visiting Bizessence.com.au , Centelon.com, and all of their subdomains and aliases (collectively, the ‘Website’ or ‘Site’). This Website is owned and operated by Bizessence Pty Ltd. (referred to herein as ‘Bizessence’, ‘we’, ‘us’, ‘our’ and any plural or singular form as applicable). The following terms and conditions (the ‘Terms of Use’) form a binding agreement between you and us. Unless otherwise indicated, the terms ‘you’, ‘your’ and ‘yours’ when used in these Terms of Use means any user or visitor to the Website.

Please read these Terms of Use carefully as this forms an integral part of experiencing and using the Website.

Your access to and use of this Website and any of the information, materials, contents, data, demos, proprietary records, blogs, products, forms, services and other Contents made available on or through this Website (collectively, ‘Contents’) are subject to all applicable laws, rules and regulations and to the terms and conditions set forth in these Terms of Use. By accessing or using this Website, you agree to be bound by these Terms of Use and our Website Privacy Notice. If you are accessing or using this Website on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit this Website and cease use of all Contents, as you are not permitted to access or use this Website or other such Contents.

The Website and Contents may not be used or accessed for purposes of monitoring their availability, content, performance, or functionality, or for any other standardising, benchmarking or competitive purposes, or as otherwise restricted by this Terms of Use. Bizessence’s direct competitors are prohibited from accessing or using any portion of the Website or Contents including, without limitation, downloading or accessing blogs, accessing free or paid accounts, signing up or participating in demos, webcasts, copying data, surreptitiously accessing restricted data, or accessing other Contents intended for prospects, customers or partners of Bizessence. You are prohibited from accessing the Website or any Contents under false aliases. You are prohibited from falsifying or concealing your identity in your use and access of the Website or of any Contents.

Your access to this website and/or its portions and use of any Contents (or its parts or portions) is not intended and is prohibited, where such usage or access would violate any applicable local or international law, rules, regulations or customs.

Website Privacy Notice

All information we collect on the Services is subject to our Website Privacy Notice. By accessing or using this Website and any Contents, you consent to all activities or actions taken by us with respect to your information in compliance with the Website Privacy Notice.

Changes to the Terms of Use

These Terms of Use may be changed by us, in our sole discretion, from time to time with or without notice. Any changes or modifications to these Terms of Use will be effective upon posting on the Website. You should always review these Terms of Use prior to your access or use of the Website or Contents to ensure that you understand the current Terms of Use that apply to your access or use thereof. Your continued use of the Website or Contents following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you cannot access these Terms of Use via the Internet, we can provide a copy of the Terms of Use then in effect by email upon request, based on a suitable timeframes of adhering to such request.

Eligibility

The Website and any Contents are offered and available only to users who are of the legal age of consent as defined by applicable law in the country of usage and specifically in Australia. This Website is not intended for use with minors (as defined by applicable law). By using the Website and Contents, you represent and warrant that you are of legal age to form a binding contract with the us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Contents.

Ownership and Permitted Use of Contents

Unless otherwise indicated, this Website and its design, text, source code, content, files, photos, selection and arrangement of elements, organization, compilation, translations, proprietary information and other matters related to, and all trademarks, logos, service marks, symbols, trade dress and all Contents provided on or through this Website are protected by all applicable copyright laws, trademark laws and/or international conventions and treaties. All Contents are the exclusive and proprietary property of Bizessence and/or its third-party licensors.

The posting, display or other provision of any Contents on this Website shall not constitute a waiver of any right or interest of Bizessence and/or its third-party licensors in such Contents. Except as expressly provided herein, nothing contained in these Terms of Use or the Website shall be construed as conferring by implication, or otherwise any license, interest or right in or to the Contents under any copyright, trademark or proprietary rights of Bizessence or of any third party. Further, except as otherwise provided herein, no Contents (or portions thereof) may be used, copied, reproduced, distributed or redistributed, published or republished, downloaded, modified, displayed, posted, broadcasted, imitated, adapted, translated, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or sold, offered for sale, licensed or sublicensed, reverse engineered, disassembled, decompiled or incorporated into compilations or used in the creation of derivative works, without our express prior written permission or that of the respective third-party owner.

Subject to your compliance with the foregoing, permission is hereby granted to you to the extent necessary for you to lawfully: (a) access this Website and/or Contents made available on or through this Website; and (b) display, download, archive and print in hard copy portions of this Website for your personal or internal usage, non-commercial and informational use only.

Prohibited Uses

You agree not to use the Website to: (a) modify the Contents (or any portion thereof), (b) use the Website and/or the Contents in a manner that is fraudulent, libelous, defamatory, tortious, obscene, threatening, abusive, malicious, offensive, hateful, objectionable, constitutes or encourages a criminal offense, violates the rights of another (including, without limitation, any copyright, trademark, patent, trade secret, privacy, moral or publicity rights or other intellectual property or proprietary rights of others), or otherwise violates or conflicts with these Terms of Use or any applicable law; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (d) use the Website to interfere, disrupt or attempt to gain unauthorized access to the Contents, other Bizessence accounts, any restricted portions of the Website or any computer network or equipment; (e) use any manual or automated software, devices or other processes to ‘crawl’ or ‘spider’ any webpages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract any Contents or other data from the Website); (f) frame or otherwise simulate the appearance or functions of the Website (or any portion thereof); and/or (g) remove or alter any copyright, trademark and other proprietary notices and legends contained in the Contents or on the Website (and any printouts thereof).

The foregoing permission is for the sole purpose of enabling you to use the Website and enjoy the benefit of the Contents as provided on the Website in the manner permitted by these Terms of Use. We may modify the Contents from time to time and you are solely responsible for ensuring that you are using current and permitted Contents only. The foregoing permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any and all downloaded, archived or printed copies of the contents and, if requested by us, certify to us in writing that you have complied with the foregoing.

Disclaimer of Endorsement

Any references to business or entities, products, processes, or services, or other organizations or individuals that are included on the Website by trade name, trademark or otherwise are provided solely for your information. These references are not intended to reflect the opinions of Bizessence concerning the significance, priority or importance to be given the referenced business, entity, product, service, organization or individual. Such references, including any that may relate to our Contents, are not endorsements or approvals by Bizessence, and should not be quoted or reproduced for the purpose of stating or implying endorsement or approval by Bizessence.

User-Generated Content

You may from time to time be permitted to post content on the Website, submit emails or otherwise provide content to us in connection with your use of the Website or Contents (‘User-Generated Content’). Any communication or material you post on the Website without a secured or encrypted medium will be treated as non-confidential and non-proprietary and is and will be solely your responsibility. Upon the transmission of any User-Generated Content to us, you expressly and hereby grant us a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable and non-exclusive permission to reproduce, display, publish, modify, distribute, disseminate and/or otherwise use or exploit such content for any lawful purpose, without compensation, notice or obligation to you, subject to our Website’s Privacy Notice. We are not required to use or return any User-Generated Content submitted to us. You represent and warrant that you own or otherwise control all rights, including, but not limited to, copyrights, in and to any such User-Generated Content, that all moral rights in and to any such User-Generated Content have been waived, and that the use of such User-Generated Content as permitted hereunder does not and will not infringe or violate the rights of any third party. All derivative works or other developments arising from or based on User-Generated Content, if created by us, shall be our exclusive property.

The posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. Under no circumstances shall we be liable for any such material posted or transmitted by you by or through the Website.

We reserve the right to monitor your communications with us whether by mail, voice, fax, email or any other form of transmission for the purposes of quality control, security and other business needs.

Feedback

You may provide us with suggestions, comments or other feedback (collectively, ‘Feedback’) with respect to our products, services, content, this website, or other Contents. Feedback is voluntary. We are not obligated to hold it in confidence. We may use Feedback for any purpose without obligation of any kind.

Statements on Website

The documents contained on (or directly accessible from) this Website may contain a number of forward-looking statements. Any statements that are not statements of historical fact (including, without limitation, statements to the effect that Bizessence or its management ‘believes,’ ‘expects,’ ‘anticipates’ ‘plans’ and other similar expressions) should be considered forward-looking statements and should not be relied upon. There are a number of important factors that could cause Bizessence’s actual results to differ materially from those indicated by such forward-looking statements, including general economic conditions, our continued ability to develop and introduce products, the introduction of new products by competitors, pricing practices of competitors, expansion of its sales distribution capability, the cost and availability of components, undetected software errors or bugs, our ability to control costs and other risk factors.

No Warranties

While we have made every effort to ensure that the Content is free from error, Bizessence does not guarantee or warrant the accuracy, adequacy or completeness of Content on the Websites. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice. Bizessence does not warrant that the Websites or any linked websites will be free from viruses or defects.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, Bizessence, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the Websites, to any material on linked websites, or to access or use of the Websites by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under consumer protection laws in Australia, our liability for any breach of a condition or warranty that is implied by law and cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our discretion):

• resupplying goods or services to you or supplying equivalent goods;
• repairing the goods; or
• paying the cost of having the goods or services resupplied or goods repaired.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.

Indemnity and Release

You agree to defend, indemnify, release and hold us harmless as well as our shareholders, officers, directors, agents, representatives, employees and third-party licensors from any and all claims, liabilities, losses, expenses or demands, including reasonable legal fees, based on, arising from, or otherwise related to: (a) your breach or violation of these Terms of Use; (b) your access or use of this Website or any of the information, Contents, products or services made available on or through this Website; (c) any infringement or misappropriation by you of any intellectual property or other rights of Bizessence or any third party; or (d) any negligence or willful misconduct by you.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Website (or any portion thereof) and/or the information, Contents, products and/or services made available on or through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website. Termination and Survival

These Terms of Use will remain in effect until terminated by you or us. You may terminate these Terms of Use at any time by ceasing your use and access of the Website and Contents and by destroying all Contents that you have saved, printed or downloaded from the Website. Notwithstanding any of the terms and conditions contained herein, we reserve the right, without notice and at our sole discretion, to terminate your permission to use the Website, and to block or prevent future access to and use of the Website and Contents. The provisions of these Terms of Use that by their nature and content are intended to survive the expiration or termination of these Terms of Use will survive such termination or expiration.

Entire Understanding

These Terms of Use contain the entire understanding between you and us with respect to this Website and your use and access hereof and supersedes all representations, statements, inducements, understandings, arrangements and agreements, oral or written, between you and us relating thereto unless otherwise signed in writing by authorized representatives of the parties, provided should there be a conflict between these Terms of Use and any written agreement between you and Bizessence related to your use of the Website, the terms of such written agreement shall control. Should any part of these Terms of Use for any reason be declared invalid, void or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portions and such remaining portions shall remain and continue in full force and effect to the maximum extent permitted by law. Our failure to enforce any provision of these Terms of Use shall not operate as or be deemed a waiver by us of any other breach of any such provision or any other provision herein or of the right to enforce such provision(s).

Applicable Law & Jurisdiction

While Bizessence provides global products and services, our operations are located in Melborne, Australia and our Website’s servers may be in geographically diverse locations, and these Terms of Use are based on Australian law. Access to, or use of, this Website or any information, Contents, products and/or services made available on or through this Website may be prohibited by law in certain countries or jurisdictions. You are solely responsible for ensuring compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in any location.

You agree that these Terms of Use are made and partially performed in Australia, and that the courts located in Victoria, Australia shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to your access and use of this Website. We reserve the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use may be taking place or originating.

The rights and remedies provided by these Terms of Use are cumulative and the use of any right or remedy by us shall not preclude or waive our rights to use any or all other remedies.

Contacting Us

If you have any questions regarding these Terms of Use or any other matter, you may contact us in by writing to us at

Bizessence Inc.

or by emailing support@bizessence.com.au. All notices pertaining to contractual or legal matters (i.e. breach of contract, termination, indemnifiable claims, etc.) must clearly be identified and marked as Legal Notices.