Terms and Conditions

The Member Directory Website (this “Website”) is owned and operated by NSW Business Chamber Limited, ACN 63 000 014 504 and its related bodies corporate (“NSW Business Chamber”). This Website is operated on the World Wide Web (“WWW ”). The material displayed on this Website is the property of the NSW Business Chamber and other copyright owners. The Website contains intellectual property including, without limitation, software belonging to NSW Business Chamber and others. All content, information and software provided on and through this Website (“Content”) may only be used in accordance with the following terms and conditions (“Terms and Conditions”).

1. ACCESS

1.1 Access to this Website is conditional on:

(a) your acceptance, without alteration, of these Terms and Conditions; and

(b) your payment, in full, of all fees and charges owed to NSW Business Chamber, or any affiliated Chamber as determined by NSW Business Chamber, at its sole discretion (“Affiliated Chamber”).

1.2 By accessing, or by continuing to access, this Website you are agreeing to be bound by these Terms and Conditions.

2. USE OF THIS WEBSITE AND THE CONTENTS

2.1 Some areas of this website do not require secured member login access to access information free of charge. Visitors to the website can browse certain areas of the Website available to the public without needing to use a username and password. 

2.2 Only financial members of NSW Business Chamber or an Affiliated Chamber that operates a directory on this Website will be provided with a username and password that will allow access to and use of the Website (“Login”).  You agree that NSW Business Chamber has the right to refuse to provide a Login to you for any reason whatsoever without any obligation to provide you with reasons for such refusal.  NSW Business Chamber will only provide access to or allow continuing access to the Website for a member if the member has:

(a) paid for their membership by credit card; or

(b) been issued an invoice by NSW Business Chamber or an Affiliated Chamber for membership, and the member has paid the fees on or before the due date.

2.3 The Login is confidential and non-transferable.  Your access to and use of the Website or Login is subject to these Terms and Conditions.  You agree to keep the details of your Login confidential and agree not to disclose information relating to your Login to any other person. You may request an additional Login for a representative of a member of NSW Business Chamber or an Affiliated Chamber by contacting NSW Business Chamber on 13 26 96.

2.4 Except for the limited use set out in clause 2.5, or with the express written consent of NSW Business Chamber, you may not use this Website, or the Content, for any of the following purposes:

(a) the recording, copying or printing of the Content for the purposes of un-authorised marketing, selling or promoting to those members whose details are displayed on the Website;

(b) the reproduction and / or distribution of the Content in any material form;

(c) the re-transmission of the Content by any medium of communication;

(d) the uploading and/or reposting the Content to any other site or location on the WWW, on-line service or bulletin board; and

(e) the “framing” of material on this Website with other material on any other WWW site or location, on-line service or bulletin board.

2.5 Notwithstanding the restrictions on use of the Content on this Website in clause 2.4, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

2.6 You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any software, device, or manual process to monitor or copy this Website or the Content without NSW Business Chamber's prior written permission.  Any unauthorised use of this Website or its Content is prohibited.

2.7 You may not modify or copy:

(a) the layout of this Website; or

(b) any computer software or code contained in this Website.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 NSW Business Chamber and others own and reserve all intellectual property rights for all Content, products and services provided by this Website. Except as expressly provided in these Terms and Conditions, nothing set out in these Terms and Conditions shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.  You agree that the Content and Website are protected by copyrights, trademarks, patents or other proprietary rights and laws.

4. LINKS TO OTHER WEBSITES

4.1 This Website contains links to or information regarding sites on the WWW owned and operated by third parties and which are not under the control of NSW Business Chamber (the “External Web Sites”).

4.2 In relation to External Web Sites, which are linked to this Website, NSW Business Chamber:

(a) provides the link or links to External Web Sites as a convenience to you and the existence of a link or links to External Web Sites does not imply any endorsement by NSW Business Chamber of the External Web Sites;

(b) is not responsible for the material contained on those External Web Sites; and

(c) makes no warranties and accepts no liability in relation to material contained on those External Web Sites.

5. WARRANTIES AND REPRESENTATIONS

5.1 The content on this Website is not intended to, and does not constitute, legal or financial advice.

5.2 The Website contains information, opinions and other material that has been provided, uploaded or added by third parties (“Third Party Content”).  NSW Business Chamber does not endorse the Third Party Content.  You represent and warrant that you will not rely on any information or opinion contained in the Third Party Content without first seeking independent advice or making other reasonable enquiries into the accuracy, reliability or otherwise of such information or opinion.

5.3 You represent and warrant that you alone, and not NSW Business Chamber, are responsible for confirming that your activities and the content of any material or information that you provide, upload or add to the Website are lawful. You must ensure that you comply with all applicable laws and represent and warrant that you have done and will continue to do so. You must also ensure that you comply with all clauses of these Terms and Conditions and represent and warrant that you have done and will continue to do so.

5.4 The Website is provided on an “as is, as available” basis.

5.5 To the full extent permitted by law NSW Business Chamber disclaims any and all express or implied warranties, guarantees or representations regarding:

(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website and/or on any External Web Sites including, without limitation, the Third Party Content; and

(b) the merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on this Website and/or on any External Web Sites.

5.6 NSW Business Chamber does not warrant, guarantee or make any representation that:

(a) this Website, or the server that makes the Website available on the WWW are free of software viruses;

(b) the functions contained in any software contained on this Website or the Content will operate uninterrupted or are error-free; or that

(c) errors and defects in this Website or the Content will be corrected.

6. LIABILITY

6.1 NSW Business Chamber will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(a) acting, or failing to act, on any information contained on or referred to on this Website and/or any of the External Web Sites; or

(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any External Web Sites.

6.2 NSW Business Chamber is not liable to you for:

(a) errors or omissions in the Website and/or on External Web Sites;

(b) delays to, interruptions of or cessation of the services provided in the Website and/or External Web Sites; or

(c) defamatory, offensive or illegal content on the Website, whether caused through negligence of NSW Business Chamber, its employees or independent contractors, or through the Content supplied by members of the NSW Business Chamber or any Affiliated Chambers, or any other cause.

6.3 You agree to accept the full cost of any necessary repair, correction or maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this Website or the Content.

6.4 To the extent that the limitation of liability contained in this clause 6 is prohibited, you agree that NSW Business Chamber's sole obligation to you for any loss, injury, claim, liability or damage of any kind resulting from your access and/or use of this Website shall be limited to the refund of the fees and charges paid by you to NSW Business Chamber, if any, for access and/or use of the Website.

7. TERMS AND CONDITIONS RELATING TO INFORMATION PROVIDED BY YOU

7.1 You represent and warrant in relation to any material or information you provide, upload or otherwise add to the Website (“Uploaded Material”) that:

(a) you are authorised to provide the Uploaded Material;

(b) the Uploaded Material  is not defamatory, misleading or a malicious falsehood in relation to any product, service, person or corporation;

(c) the Uploaded Material does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright;

(d) the Uploaded Material does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales or any law in any jurisdiction where the material and/or information is or will be available to NSW Business Chamber and its respective officers, employees and agents; and

(e) the Uploaded Material is not scandalous, embarrassing, offensive or immoral in any way and meets acceptable professional standards as determined by NSW Business Chamber at its sole discretion.

7.2 By providing, uploading or adding any material to this Website which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (the “Intellectual Property”) on to the Website, you are granting NSW Business Chamber a perpetual, non-exclusive and payment-free licence throughout the world to:

(a) reproduce, use and exploit the Intellectual Property, for the purpose of providing you with products and services, under these Terms and Conditions, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to NSW Business Chamber and its respective officers, employees and agents; and

(b) allow NSW Business Chamber to sub-licence others the same rights granted to NSW Business Chamber in clause 7.2(a) above.

8. INDEMNITY

8.1 You will at all times indemnify, keep indemnified, defend and hold harmless NSW Business Chamber and its respective officers, employees and agents (referred to below as “Those Indemnified”), from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms and Conditions by you, and use of the material and/or information supplied by you under these Terms and Conditions.

9. TERMINATION OF ACCESS AND ALTERATION OR REMOVAL OF UPLOADED MATERIALS

9.1 NSW Business Chamber may cancel or suspend your Login or terminate access to the Website at any time without giving any explanation or justification for the cancellation, suspension or termination of access, and NSW Business Chamber has no liability for any costs, losses or damages of any kind arising as a consequence of such cancellation, suspension or termination of access to the Website.

9.2 NSW Business Chamber may at is sole discretion without notice to you alter, edit, delete or remove any material or information that you or any other person has supplied or uploaded to the Website at any time or from time to time, for any reason whatsoever and without any obligation to provide reasons.

9.3 You may, at any time, notify NSW Business Chamber in writing to cancel your Login.  Following receipt of such notice NSW Business Chamber will delete or remove any material or information that you or any other person has supplied or uploaded to the Website in relation to your Login. You may at any time deactivate the display of your Uploaded Materials using your login.

9.4 If you find that any Uploaded Material including, without limitation, any Third Party Content is inaccurate, unlawful, offensive or otherwise objectionable you may notify NSW Business Chamber.  NSW Business Chamber shall, in its sole discretion, determine what actions are required, if any, following receipt of your notice.

10. RELEVANT JURISDICTION

10.1 If any part of these Terms of Access and Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and Use and the severed part will not affect the validity and enforceability of any remaining provisions.

10.2 These Terms of Access and Use will be governed by and interpreted in accordance with the law of the State of New South Wales, without giving effect to any principles of conflicts of laws.

10.3 You agree to the jurisdiction of the courts of the State of New South Wales to determine any dispute arising out of these Terms of Access and Use.

YOUR ACCESS OR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF ACCESS AND USE