Business Enterprise Centre NT
Terms of Service
THIS AGREEMENT is executed at the time and date that the Member either (a) clicks “I agree” or a button with equivalent meaning when requesting free services or purchasing services offered for sale by BEC-NT (b) accepts a proposal from BEC-NT referring to this Terms of Service.
BETWEEN:
BUSINESS ENTERPRISE CENTRE – Northern Territory
(“BEC-NT”)
ABN: 80 890 433 778
Registered Address:
Suite 2/3, Whitfield Street
Darwin 8000
(“BEC-NT”)
and THE MEMBER requesting business Services.
(“the Member”)
IT IS AGREED AS FOLLOWS:
1. General Rules:
1.1 Business Enterprise Centre Northern Territory Association provides business services exclusively to members of the Business Enterprise Centre Northern Territory Association.
1.2 Business Enterprise Centre Northern Territory Association membership is free of charge.
1.3 This Agreement stipulates the terms of service regarding the activities of the Business Enterprise Centre Northern Territory Association (hereinafter referred to as “BEC-NT and the Member).
1.4 BEC-NT shall retain the right to amend this Agreement from time to time without the prior consent of members．
2. Membership:
2.1 A member shall be an individual who accepts the Business Enterprise Centre NT “Terms of Service” as detailed here.
2.2 Member’s business or organisation must reside within the boundaries of the Northern Territory.
2.3 If an individual properly registered as a member is determined by BEC-NT to be inappropriate to be a member of the Association, BEC-NT may revoke his or her membership at that time. The member will be informed of the decision via post, email, or other electronic means.
2.4 Membership does not confer BEC-NT association voting rights to members.
2.5 All BEC-NT services are terminated upon the cessation of membership, whether by death, resignation or otherwise.
3. Services:
3.1 BEC-NT and / or a Consultant managed by the BEC-NT will perform the Services and provide the deliverables on and / or by the date(s) (where specified) in relation to the Services.
3.2 The Services must be performed in accordance with the terms of this Agreement, subject to any specific variations that may be included in a Proposal submitted by the BEC-NT that have been accepted by the Member.
3.3 The BEC-NT is not required to supply the Services if it determines, in its sole discretion, that a Member is not acting in good faith when procuring or receiving the benefit of the Services. Example of a Member not acting in good faith include (but are not limited to) instances where a Member (or its association) may be a past, present or future competitor of the BEC-NT and it wishes to inspect, copy, adapt, reverse engineer or otherwise benefit from the BEC-NT’s Intellectual Property for the development, marketing, advertising or delivery of its own services. The BEC-NT is not required to explain the reasons for a determination to a Member and it may terminate the supply of affected Services without notice.
4. Risk, Liability and Disclaimer of Responsibility:
4.1 The BEC-NT warrants that it (or a Consultant that provides Services managed by the BEC-NT to the Member) will perform the Services in accordance with those standards that may be mandated by regulators and/or recognised professional bodies with jurisdiction in the Northern Territory, in so far as those standards are expressly relevant to the Services and specified in a Proposal. For the avoidance of doubt, the BEC-NT does not provide taxation, valuation, financial products, investment or legal advice that requires licensing by government or a professional body or regulator.
4.2 Except for the warranty in clause 4.1, the BEC-NT(or a Consultant that provides Services managed by the BEC-NT to the Member) does not make any warranties regarding the Services or the Deliverables. All other warranties, including without limitation those of merchantability, fitness for a particular purpose, or that the use of the Deliverables or any other materials created pursuant to this Agreement will not infringe any intellectual property rights of a third party, are excluded.
4.3 The Member accepts that the Deliverables will be prepared by the BEC-NT (or a Consultant that provides Services managed by the BEC-NT to the Member) based primarily on information provided by the Member. The BEC-NT (and any Consultant that provides Services managed by the BEC-NT to the Member) disclaims responsibility for losses incurred because of factual errors or omissions in that information or because of any failures to successfully implement any advice or recommendations provided to the Member. The Deliverables should not be relied on for any purpose other than that advertised online or specified in a Proposal by the BEC-NT or by any persons other than the named Member, which uses the Deliverables at its own risk.
4.4 To the extent permitted by law, the BEC-NT (and any Consultant that provides Services managed by the BEC-NT to the Member) has no liability under this Agreement other than as set out in this clause 8. Where liability cannot be excluded it is limited, at the BEC-NT’s option, to re-performing the Services or paying the Member the cost of having the Services re- performed. For the avoidance of doubt, the cost to the BEC-NT under this clause 4 shall not exceed the total payments already received to date by the BEC-NT under this Agreement.
4. Confidential Information
5.1 If members participate in a State or Commonwealth Government supported program, BEC-NT is obligated under the funding terms to share some information with the funding body for them to report participation rate and types of services in demand. We will not share financial records! Where required limited member details will be shared with (business focused) government departments. BEC-NT does not share any details with the ATO!
6 INTELLECTUAL PROPERTY
6.1 Each Party:
(a) agrees that it will not have any claim, ownership or interest in or duplicate or reverse engineer the other Party’s Background Intellectual Property or Improvements in such Background Intellectual Property; and
(b) grants the other Party a non-exclusive, irrevocable and royalty-free licence for the use of any Background Intellectual Property made available by the granting Party for the purpose of carrying out the Services.
6.2 Subject to clause 6.1(a) the rights to all Deliverables, including the Intellectual Property created, discovered or coming into existence as a direct result of or arising out of the Deliverables shall be the property of and vested in the Member. The Member also grants a non-exclusive, irrevocable and royalty-free license to the BEC-NT to make use of the Intellectual Property arising out of the Deliverables for its current and future research and development purposes, subject to Confidentiality.
6.3 Where Services managed by the BEC-NT are provided to a Member by a Consultant, the BEC-NT will contract with that Consultant to ensure that these Intellectual Property rights and obligations will also apply to all dealings between that Collective Consultant and the Member
YOU’RE APPROVAL FOR THE BUSINESS ENTERPRISE CENTRE NT TO GATHER & SHARE INFORMATION & OUR COMMITMENT TO PROTECT YOUR INFORMATION
BECNT provides support and business advice for our members across the Northern Territory to all stages of business (new start, existing, mature). By accepting these terms and conditions you are provided a complimentary 36-month (3 year) membership to Business Enterprise Centre NT.
BEC-NT may need to collect information about you to:
• Support you into business and/or to support you to make business changes or improvements.
• Evaluate the best support for your business.
• Enable us to report on the progress of the Business Enterprise Centre NT support to those that support us.
Business Enterprise Centre NT will treat your information respectfully, confidentially, and securely. Your information may be shared with other BEC-NT staff. We will not share your detailed business ideas and plans outside of BEC-NT unless you consent to us doing so. However, in consideration of the assistance provided by BEC-NT, you consent to BEC-NT sharing your information with the following organisation’s or in the following circumstances:
• Department of Industry, Tourism & Trade (DITT) – The BEC-NT has a strategic relationship with the NT Government and its Departments and as such at times share information. Your information is only accessible by Business Enterprise Centre NT staff and authorised NT Government Staff. We will not share your confidential financial and/or strategic information without your consent.
• Department of Chief Minister (DMC) – The BEC-NT has a strategic relationship with Department of Chief Minister and its Departments and as such at times share information. Your information is only accessible by Business Enterprise Centre NT staff and authorised Australian Government Staff. We will not share your confidential financial and/or strategic information without your consent.
• Analytical Information – The BEC-NT may need to evaluate the economic and social value created by our members and their businesses and as such may use external organisations or individuals to assist with this evaluation. The Business Enterprise Centre NT will ensure that any private or confidential information provided for this purpose is protected, both in analysis and reporting.
• Participation in Government Surveys – BEC-NT may receive funding from Commonwealth and State Governments (Government). The Government may request your contact details from The Business Enterprise Centre NT to invite you to participate in an evaluation survey on the effectiveness of the services provided by BEC-NT to you. If such requests are made, the BEC-NT will have to provide your contact details. If you are invited to participate in an evaluation survey, your participation will be at your own discretion. The BEC-NT understands that the Government will ensure that your contact details and the information provided is kept private and confidential, both in analysis and reporting.
• Sharing Your Story – With your agreement and cooperation, BEC-NT may share your story, on our website, in social media, in newsletters and promotional materials, reports and events. Your story may include digital images and/or video. BEC-NT may share your story with other organisations that support or may support BEC-NT to be used in the same manner. BEC-NT will not use private and/or confidential information in these stories without your written permission. BEC-NT retains the copyright of material produced. If you withdraw your permission, then the BEC-NT will not use your story in the future and will make reasonable efforts to remove or amend existing materials.
By accepting Membership to Business Enterprise Centre NT:
• I consent to the above.
• I understand and acknowledge that:
o The BEC-NT offers business development support;
o I make my own personal and business decisions; and
o I am fully and solely responsible for the personal and business decisions that I make and the consequences of the decisions.
• I release the BEC-NT, its related bodies corporates, directors, employees, business partners, sponsors, agents, associates, assignees, volunteers and participating mentors (collectively Business Enterprise Centre NT entities) from liability for any loss, debt, damage, claim, liability, proceeding or cause of action which may arise out of or in connection with my dealings with the BEC-NT entities and agree to indemnify the Business Enterprise Centre NT entities of the same.
