Terms and Conditions

5. Products and Payment

1. The Offer: Each Product is supplied as its Offer describes when you buy it.
2. Changes to Products and Prices: We may change our Products, Offers and prices at any time. A change applies to new purchases straight away. For a recurring Product you already hold, it applies from the first billing period that starts at least 14 days after we tell you, so you can cancel before it applies to you.
3. One-off and Recurring: One-off Products are charged once. Recurring Products renew at the end of each billing period until cancelled. Changes to a recurring Product take effect as shown when you make them.
4. Workshops and Events: Tickets are covered by clause 24.
5. Fees and GST: Unless stated otherwise, all fees are quoted in Australian Dollars (AUD) and are inclusive of GST where GST applies under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). CBS will provide a valid tax invoice for each payment.
6. Overdue Payments: If a payment is overdue, we may suspend the Services it pays for until it is paid, and a recurring Product left unpaid may lapse. An Expert Tier ends straight away (clause 4).
7. Active Service Requirement: Connections are provided only while the subscription is active. If you cancel while an order is pending, that order is not fulfilled.
8. Cancelling a Subscription: You can cancel a recurring Product at any time. It runs to the end of the period already paid for, and the rest of that period is not refunded, unless its Offer or clause 6 says otherwise.

6. Refunds

1. Our Discretion: Except where the law or an Offer requires otherwise, refunds are at our discretion. Every refund request is reviewed.
2. Offer Conditions: Where an Offer includes a guarantee or a refund promise, it applies only on the conditions stated with that Offer, and claiming it may end the Product it relates to.
3. Ended for Breach: Nothing is refunded for a Product, Listing or Expert Tier we end under clause 10.2.
4. Your Consumer Rights: Our guarantees are in addition to your rights under the ACL (clause 17), and nothing in these Terms or in any Offer limits those rights.

7. Service Level Agreement (SLA)

1. Uptime Guarantee: CBS strives to maintain the availability of its services, including web hosting and cloud systems. While we aim for high availability, no specific uptime is guaranteed unless explicitly stated in a separate SLA document.
2. Compensation: In the event of significant downtime, CBS may offer compensation at its discretion. All compensation requests must be submitted within 30 days of the incident. This clause does not affect any non-excludable consumer guarantee referred to in clause 17.

8. Data Privacy and Compliance

1. Privacy Act Compliance: CBS handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Details of how we collect, use, store, and disclose personal information are set out in our Privacy Policy, which forms part of these Terms.
2. Data Processing Agreement (DPA): Where required, CBS will enter into a Data Processing Agreement governing the handling of personal data on a customer's behalf.
3. Third-Party Data Sharing: Customer data may be shared with third-party providers (including payment processors and CRM integrations) as necessary for service delivery. All third-party data sharing is governed by the Privacy Act 1988 (Cth), the APPs, and any applicable customer consents.
4. Data We Supply: If you receive business data from us, including contact details, you must use it lawfully, including under the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth), and stop contacting anyone who asks you to.
5. Data Breach Notification: CBS will comply with its obligations under the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act 1988 (Cth), including notifying affected customers and the OAIC where an eligible data breach occurs.
6. Aggregated Statistics: CBS may combine information held across its Services, including what customers tell us about their businesses (such as industry, location, size, the stage a business is at and the help it is looking for) and information about the experts listed in the Directory, into aggregated statistics, and may publish those statistics, including on public web pages and in material read by search engines and AI services. A published statistic never names a business or a person, never includes contact details, and is never drawn from fewer than three businesses.
7. Anonymous Expert Summaries: Where a business is listed in the Directory as an expert, CBS may publish an anonymous summary of its expertise on public pages, such as the pages for the places it serves: the short descriptions of what it does and who it is, the industries it works with, its expert level and the areas it serves. These summaries never include the business's name or contact details.

9. Acceptable Use Policy (AUP)

1. Prohibited Activities: Customers are prohibited from using CBS services for illegal activities, spamming, posting offensive content, or any activities that may harm CBS or its users.
2. Consequences: Violations of this AUP may result in suspension or termination of services, at CBS's discretion.
3. Compensation: CBS may seek compensation for any damages or losses it actually incurs due to violations of this AUP. The Customer will be responsible for reasonable costs directly associated with such violations.

10. Suspension and Termination

1. By You: You can stop using the Services at any time, and cancel a recurring Product under clause 5.
2. For Cause: We may suspend or end your account, a Listing, an Expert Tier or any Product straight away if you breach these Terms, do not pay, misuse the Services, give us false or misleading information, or act in a way we reasonably consider harms other users, CBS or the standing of the Services.
3. Otherwise: We may end a recurring Product for any other reason by telling you at least 14 days beforehand, and we refund any part of the period paid in advance that has not been used.
4. Effects of Termination: On termination, access to what has ended stops, and any outstanding fees must be paid. Clauses that by their nature continue, including clauses 11, 14, 15, 18, 19 and 21, survive termination.

11. Intellectual Property Rights

1. User-Generated Content: Customers retain ownership of content they upload to CBS platforms but grant CBS a non-exclusive, royalty-free licence to use, host, modify, and distribute that content for the purpose of operating and promoting the Services, for as long as the content remains on the platform and for a reasonable period afterwards for archival and legal purposes.
2. Feedback and Suggestions: CBS reserves the right to use any feedback or suggestions provided by customers without any obligation to the customer.

12. Changes to Services

1. Modification Rights: CBS may modify, suspend, or discontinue any part of its services at any time, acting reasonably and giving notice where reasonably practicable.
2. Changes to These Terms: We may change these Terms. We will tell you of a change that is to your detriment by email or on our website at least 14 days before it applies to you, and you may cancel before then under clause 5. Using the Services after a change applies means you accept it.

13. Force Majeure

CBS is not liable for any failure or delay in performing its obligations where that failure or delay results from circumstances beyond its reasonable control, such as natural disasters, war, civil unrest, internet or utility outages, or cyberattacks.

14. Non-Solicitation and Non-Compete

1. Non-Solicitation: While a Customer's subscription is active, and for 6 months after it ends, the Customer agrees not to knowingly solicit CBS employees or contractors to leave their engagement with CBS.
2. Platform Exclusivity: Connections introduced through the Services during an active subscription should be maintained through the platform. If a Customer knowingly takes a connection introduced by CBS outside the platform to avoid CBS's fees, CBS may seek compensation reasonably reflecting its direct loss.
3. Non-Compete: For the duration of the subscription only, Customers agree not to use information or connections obtained through the Services to knowingly establish a directly competing directory or connection service. This restraint is limited to what is reasonably necessary to protect CBS's legitimate business interests and will be read down accordingly if a court finds it broader than necessary.

15. Confidentiality

1. Confidential Information: Both parties agree to keep confidential any proprietary information shared during the course of business. Confidential information includes, but is not limited to, business plans, strategies, customer lists, and any other relevant information.
2. Obligations: The confidentiality obligations survive the termination of this agreement.

16. Governing Law and Dispute Resolution

1. Governing Law: These Terms are governed by the laws of Queensland and the Commonwealth of Australia, and each party submits to the non-exclusive jurisdiction of the courts of Queensland.
2. Dispute Resolution: Before commencing formal proceedings, the parties agree to attempt to resolve any dispute in good faith through direct negotiation, and may agree to refer the dispute to mediation or arbitration in Queensland, Australia. Nothing in this clause limits a Customer's rights under the Australian Consumer Law or restricts a Customer from making a complaint to a relevant regulator.

17. Consumer Guarantees and Disclaimer of Warranties

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL"). For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Subject to the consumer guarantees above, and to the extent permitted by law, the Services are otherwise provided "as-is" without any further warranties, express or implied, including warranties of fitness for a particular purpose, merchantability, or non-infringement.

18. Limited Liability

Nothing in these Terms excludes, restricts, or modifies any right or remedy under the ACL that cannot lawfully be excluded, restricted, or modified. To the extent permitted by law, CBS's total liability arising from or in connection with the Services is limited, at CBS's option, to resupplying the Services or to the amount paid by the Customer for the Services in the 6 months preceding the event giving rise to the liability. To the extent permitted by law, CBS is not liable for any indirect, incidental, special, or consequential loss arising from use of its Services. Where the Services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee is limited, as section 64A of the ACL allows, to supplying the Services again or paying the cost of having them supplied again.

19. Indemnification

Customers agree to indemnify and hold CBS harmless from any claims, damages, or liabilities arising from the Customer's breach of these Terms or misuse of the Services, including reasonable legal costs incurred by CBS, except to the extent such claims, damages, or liabilities are caused by CBS's own negligence, wilful misconduct, or breach of these Terms.

20. Failure to Enforce

Failure by CBS to enforce any term does not constitute a waiver of its right to enforce that or any other term in the future. Each term of these Terms is enforceable independently of the others.

21. Costs and Director Guarantees

If CBS engages a third party (such as a debt collector or lawyer) to recover unpaid fees because a Customer is in default under these Terms, the Customer agrees to pay CBS's reasonable costs of doing so. Where CBS requires a personal guarantee from a director of a corporate Customer as a condition of providing Services, that guarantee will only take effect once it has been set out in, and signed as, a separate guarantee and indemnity deed, and is not created merely by accepting these Terms.

22. Contact and Complaints

If you have a question or complaint about these Terms or the Services, please contact us at hello@connectbusiness.com.au. We will acknowledge complaints promptly and aim to resolve them within a reasonable time. If you are not satisfied with our response, you may contact the Australian Competition and Consumer Commission (ACCC) or, for privacy complaints, the Office of the Australian Information Commissioner (OAIC).

23. Third-Party Data, Maps and Attribution

1. Address Data: Address and location data in the Services incorporates or was developed using G-NAF © Geoscape Australia licensed by the Commonwealth of Australia under the Open Geo-coded National Address File (G-NAF) End User Licence Agreement. Under that licence, G-NAF-derived address data must not be used to generate an address, or a compilation of addresses, for the sending of mail unless each address has been verified as capable of receiving mail by reference to a source of information other than G-NAF. If you receive address data from the Services, including in any export, you must comply with this restriction.
2. Map Data: Maps in the Services display data © OpenStreetMap contributors, available under the Open Database License (ODbL). Map imagery may be supplied by third-party map tile providers, each of which is credited on the map it supplies.
3. Google Services: Some features use Google Maps Platform services. By using those features you agree to be bound by the Google Maps/Google Earth Additional Terms of Service, and Google's handling of information is described in the Google Privacy Policy.
4. No Endorsement or Warranty: The providers of third-party data do not endorse CBS or the Services. Third-party data is provided "as-is"; subject to clause 17, CBS does not warrant its accuracy, completeness or currency.

24. Workshops and Events

1. Events: This clause applies to event tickets as it does to workshop seats, except where an event states its own terms.
2. Booking and Payment: A workshop seat is confirmed once it is paid for. Prices are in AUD and include GST where it applies. Session times are shown in Brisbane time (AEST).
3. Unpaid Bookings: Until a booking is paid, you can change its session on your booking page. A booking made by phone that is still unpaid two hours before its session is released, and we will let you know.
4. Changes After Payment: Once a booking is paid, its session can't be changed or cancelled on the booking page. Contact us, or reply to your booking email, and we will help.
5. If You Can't Attend: If you cancel a paid booking, you can ask us for a refund. Whether we give one, and how much, is at our discretion.
6. If We Can't Run a Session: If we cancel a session you have paid for, we will offer you a place in another session or refund what you paid in full.
7. Money-Back Guarantee: Where a workshop is offered with our money-back guarantee: if you attend the full session and the follow-up call, and you still don't have a practical action plan you can use in your business, you can ask for a refund from your booking page once the session has finished. Our team reviews every request. If it is approved, we refund everything you paid for the booking, in full. A refund usually reaches your account within 5 to 10 business days.
8. Your Consumer Rights: The guarantee is in addition to your rights under the ACL (clause 17), not instead of them.

25. Miscellaneous

1. Entire Agreement: These Terms, together with our Privacy Policy and any order form or SLA agreed in writing, constitute the entire agreement between CBS and the customer, superseding all prior agreements on the same subject matter.
2. Severability: If any part of these Terms is found to be unenforceable, that part will be read down to the minimum extent necessary, and the remaining parts will continue in full force and effect.