Terms and Conditions

Welcome to the Effective Business Advisory Services (“EBAS”) website. These Terms and Conditions are intended to explain our obligations as a service provider and your obligations as a user (User). This is important and affects your legal rights, so please read them and our Privacy Policy and other terms referenced in this document carefully.

This Agreement is binding on any use of the website and applies from the time that EBAS provides the User with access to the website. By browsing the website you acknowledge that you have read and understood these Terms and Conditions and you are deemed to have agreed to these Terms and Conditions. If you do not agree to these terms and conditions, please do not use the website.

EBAS reserves the right to change the terms and conditions at any time, effective upon the posting of a modified version to this website. EBAS will make every effort to communicate these changes to you via email or notification on the website. It is expected the terms and conditions will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent Agreement available on this website.

Your continued use of this site following the posting of any changes to this Agreement shall mean that you have accepted those changes. If you have any questions or concerns, please contact us.

1. Rights we grant you
The Website and the Content are the property of EBAS and its licensors. We grant you limited, non-exclusive, revocable permission to access the website, and limited, non-exclusive, revocable permission to access the Content for personal, non-commercial, educational purposes (your “Access”). Your Access shall remain in effect until and unless terminated by you or EBAS. You agree that you are accessing the Content for your own personal purposes and that you will not copy, redistribute or transfer the Content.

Our Applications are not sold, to you. EBAS and its licensors retain ownership of the Content and all components of the Application. Your Access to the Content does not give you any ownership rights to the Content. All our trademarks, service marks, trade names, logos, domain names, and any other features of the EBAS brand (“Service Brand Features”) are the sole property of EBAS or its licensors. The Agreement does not grant you any rights to use any Service Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Service, or any part thereof, or access the Content, or any part thereof, in any manner not expressly permitted by the Agreement. Except for the rights expressly granted to you in this Agreement, Service grants no right, title, or interest to you in the Service or Content.

Third party software (for example, open source software libraries) included in the Service are made available to you either under the Agreement or under the relevant third party software library’s licence terms.

The User must not:
a. copy the Application or allow the Application to be copied;
b. translate, adapt, vary or modify the Application;
c. disassemble, decompile or reverse engineer the Application;
d. sub-license, rent, lease or transfer the Application to any other person or entity, whether on a permanent or temporary basis;
e. use the Application for any other purpose than that provided to them by EBAS; or
f. permit any person, whether a competitor of EBAS or otherwise, to access, use or demonstrate the Application for any reason, including for the purposes of improving any product or selling any product to any person.

The User must:
a. use the Application in accordance with the terms and conditions of this agreement;
b. not make available the Application in whole or in part (including object code and source code), in any form to any person; and
c. demonstrate high standards of honesty and integrity in their personal and professional conduct and not involve themselves in academic misconduct including academic dishonesty or academic fraud.

EBAS has no obligation to provide any services directly to the User but may do so at its sole discretion.

2. Third Party Applications
The Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available Content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that EBAS does not endorse and is not responsible or liable for the behaviour, features, or Content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreement and have the right to enforce the Agreement directly against you. Other than as set out in this section, the Agreement are not intended to grant rights to anyone except you and EBAS, and in no event shall the Agreement create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreement are not subject to the consent of any other person.

3. Rights you grant us
In consideration for the rights granted to you under the Agreement, you grant us the right
a. to allow the Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service
b. to provide advertising and other information to you, and
c. to allow our business partners to do the same. In any part of the Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to EBAS (e.g. webinars) may contain advertising as part of the Content. In such cases, we will make such Content available to you unmodified.

If you provide feedback, concepts or recommendations to EBAS in connection with the Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorise EBAS to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

4. Service limitations and modifications
EBAS will make reasonable efforts to keep the website current and operational. However, unforeseen technical difficulties or scheduled maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, EBAS reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the website, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the website or any function or feature thereof.

5. Support
Support and questions can be submitted using the Customer Service contact form on our website. We will use reasonable endeavours to respond to all support requests within a reasonable time frame but we make no guarantees or warranties of any kind that any request will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such request.

6. Intellectual Property
This website contains privileged information available to our Users and is intended for information purposes only. Access and activities on this website may be monitored. EBAS may instigate proceedings seeking to recover damages for any unauthorised use or access to the system. Unauthorised user access may also attract criminal sanctions under State and Commonwealth legislation.

The User acknowledges and agrees that EBAS owns all intellectual property (including copyright, trademarks and patents) in or in relation to the Application and documentation; and

The User must not during or after the expiry or termination of this agreement in any way dispute EBAS’s ownership.

7. Warranty
To the extent permitted by the applicable law, EBAS disclaims all warranties with respect to the website, expressed or implied, including but not limited to any implied warranties of merchantability or fitness for any particular purpose.

Although EBAS does not warrant that the website will be free from all viruses, malware or other harmful components, it has used commercially reasonable efforts to check for the most commonly known issues within the Application.

8.Liability
EBAS will not be liable to the User for any loss or damage howsoever caused arising (whether in contract, tort or otherwise) directly or indirectly in connection with this Agreement, the Application, its use or otherwise, except to the extent to which it is unlawful to exclude such liability under applicable law.

9. Privacy
Please read the Privacy policy for further information.

10. Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between the User and EBAS, the Agreement constitute all the terms and conditions agreed upon between the User and EBAS and supersede any prior agreements in relation to the subject matter of this Agreement, whether written, verbal or otherwise.

11. Severability and waiver
Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by EBAS or any third party beneficiary to enforce the Agreement or any provision thereof shall not waive EBAS’s or the applicable third party beneficiary’s right to do so.

12.Assignment
EBAS may assign the Agreement or any part of thereof, and may delegate any of its obligations under the Agreement. You may not assign the Agreement or any part of thereof, nor transfer or your rights under the Agreement, to any third party.

13.Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold EBAS harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Service; and (4) your violation of any law or the rights of a third party.

14. Governing Law / Jurisdiction
The law of Queensland governs this Agreement.

15.Contact us
Thank you for reading our Terms and Conditions. If you have any questions concerning the Service or the Agreement, please contact customer service.

We hope you enjoy all the benefits EBAS has to offer and we look forward to working with you.

These Terms and Conditions were last updated on 3rd July 2018.

16.Definitions

“Agreement”

means these Terms and Conditions.

“Access Fee”

means the annual fee (including any GST) payable by You in accordance with the Fee Schedule.

“Application”

means the Internet site at the domain www.effectivebas.com.au or any other site operated by Effective Business Advisory Services.

“Confidential Information”

includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

“Content”

means any data inputted by Effective Business Advisory Services, You or with Your authority into the Website.

“Data”

means any data inputted by Effective Business Advisory Services, You or with Your authority into the Website.

“Fee Schedule”

means the information relating to the package fees or billing set out on the Website, or any other page(s) on the Website notified by Effective Business Advisory Services, which may be updated or amended by Effective Business Advisory Services from time to time.

“Intellectual Property Right”

means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“Website”

means the website and content made available (as may be changed or updated from time to time by Effective Business Advisory Services via this website.

“Website”

means the Internet site at the domain www.effectivebas.com.au or any other site operated by EBAS.

“EBAS”

means Effective Business Advisory Services which is a trading name of Effective Training Pty Ltd.

“Our”

means Effective Business Advisory Services which is a trading name of Effective Training Pty Ltd.

“User”

means the person who registers to use the Website. “Your” has a corresponding meaning. “You” has a corresponding meaning.