The specific Ts&Cs of Access to and interaction with Benkorp online and Licence to use Benkorp materials
Access to and interaction with Benkorp’s website, online education Sites with training and information materials, and related social media sites are covered by these Terms and Conditions
Terms and Conditions General
We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Sites, from time to time, in which case We will post the revised Terms and Conditions on this website. By continuing to use the Sites after Benkorp posts any such changes, the Client accepts the Terms and Conditions, as modified.
By accessing these Sites, the Client is agreeing to be bound by these Sites’ Terms and Conditions, all applicable laws and regulations. The Client further agree that they are responsible for compliance with any and all applicable local, state, federal, and international laws.
If the Client does not agree with any of these terms, they are prohibited from using or accessing these Sites. The materials contained in these web Sites are protected by applicable copyright and trade mark laws.
Permission is granted to temporarily download one copy of the
materials (information or software) on these Sites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Benkorp’s Sites;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license will automatically terminate if the Client violates any of these restrictions and may be terminated by Benkorp at any time. Upon termination the Client’s viewing of these materials or upon the termination of this license, the Client must destroy any downloaded materials in their possession whether in electronic or printed format.
Benkorp’s Limited License to the Client
These Sites and all the materials available on the Sites are the property of Benkorp and/or its affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Sites are provided solely for the Client’s personal or noncommercial use. The Client may not use the Sites or the materials available on the Sites in a manner that constitutes an infringement of our rights or that has not been authorised by us. More specifically, unless explicitly authorised in these Terms and Conditions or by the owner of the materials, the Client may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from these Sites. the Client may, however, from time to time, download and/or print one copy of individual pages of these Sites for the Client’s personal, non-commercial use, provided that they keep intact all copyright and other proprietary notices.
The Client’s License to Benkorp
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook Instagram LinkedIn Twitter postings, photos and videos) to us via the Sites, internet groups, social media venues, or to any of Benkorp’s personnel via email, text or otherwise, the Client is representing: (i) that the Client is the owner of the material, or are making the posting or submission with the express consent of the owner of the material; and (ii) that the Client is thirteen years of age or older. In addition, when the Client submits, email, text or deliver or post any material, the Client is granting Benkorp, and anyone authorised by Benkorp, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant will include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, the Client grants Benkorp, and anyone authorised by Benkorp, the right to identify the Client as the author of any of their postings or submissions by name, email address or screen name, as we deem appropriate.
The Client acknowledges and agrees that any contributions originally created by them for Benkorp will be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Australian copyright law. As such, the copyrights in those works shall belong to Benkorp from their creation. Thus, Benkorp will be deemed the author and exclusive owner thereof and will have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Benkorp determines. In the event that any of the results and proceeds of the Client’s submissions hereunder are not deemed a “work made for hire” the Client hereby, without additional compensation, irrevocably assign, convey and transfer to Benkorp all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by the Client shall be co-owned by Benkorp.
The Client acknowledges that Benkorp has the right but not the obligation to use and display any postings or contributions of any kind and that Benkorp may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
The materials on Benkorp’s web Sites are provided “as is”. Benkorp, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non- infringement of intellectual property or other violation of rights. Further, Benkorp does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web Sites or otherwise relating to such materials or on any sites linked to this Sites.
Benkorp does not warrant or make any representations regarding the use or results of the use of the Sites or materials on these sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, deletion, omission, interruption, error, defect, computer virus, theft or destruction of or unauthorised access to, alteration of, or use of this Sites, and includes a disclaimer against any and all claims for breach of contract, tort, negligence or any other cause of action.
In no event shall Benkorp or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Benkorp’s Internet Sites, even if Benkorp’s authorised representative has been notified orally or in writing of the possibility of such damage. If, notwithstanding the other provisions of these Terms and Conditions, Benkorp is found to be liable to the Client for any damage or loss which arises or is in any way connected to their use of this Sites, Benkorp’s programs, or products, Benkorp’s liability to the Client shall in no event exceed the total amount the Client has paid us during the six (6) month period immediately preceding any claim. All disputes, will be governed by the laws of the Australia and by the laws of the State of NSW without regard to its conflicts of laws provisions.
These Sites and programs offered by Benkorp may include a variety of features, such as membership sites, accounting systems, training systems, bulletin boards, web logs, chat rooms, and email services, which allow feedback to Benkorp and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Sites or elsewhere such as Facebook, Instagram and Linkedin groups and Google Hangouts, or sent via any email services on the Sites, lies with each user – the Client alone is responsible for the material the Client posts or sends. Benkorp does not control the messages, information or files that the Client or others may provide through the Sites. It is a condition of the Client’s use of the Sites that the Client does not:
1 Restrict or inhibit any other user from using and enjoying the Sites.
2 Use the Sites to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
3 Interfere with or disrupt any servers or networks used to provide the Sites or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Sites.
4 Use the Sites to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
5 Gain unauthorised access to the Sites, or any account, computer system, or network connected to this Sites, by means such as hacking, password mining or other illicit means.
6 Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Sites.
7 Use the Sites to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law.
8 Use the Sites to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
9 Use the Sites to post or transmit any information, software or other material that contains a virus or other harmful component.
10 Use the Sites to post, transmit or in anyway exploit any information, software or other material for commercial purposes, or that contains advertising.
11 Use the Sites to advertise or solicit to any one to buy or sell products or services, or to make donations of any kind, without our express written approval.
12 Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Sites.
Benkorp maintains online communities or groups such as Facebook, Linkedin, Instagram, Google Hangouts and other private and public forums on its Sites and elsewhere, and from time to time may host message boards and chats. Benkorp reserves the right to exercise its discretion and refuse, limit, or terminate any user’s access to this Sites and any of the other private or public forums and communities for any reason, including but not limited to posting what Benkorp deems as inappropriate messages or content, engaging in what Benkorp deems as disruptive behaviour, and/or for failing to comply with these Terms and Conditions. Such conduct may also constitute a violation of the Terms and Conditions for the Benkorp Training and Teaching Programs and may void and nullify the refund policy for such program. Additionally, Benkorp or its designated agents may remove or alter any user-created content at any time for any reason.
The message boards, online communities or groups and other forums are intended to serve as discussion centres for users and subscribers. Information and content posted within these public forums may be provided by Benkorp’s staff, outside contributors, or by users not connected with Benkorp, some of whom may employ anonymous user names. Benkorp expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor is Benkorp responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Benkorp, its affiliates, suppliers or agents be liable for any loss or damage caused by the Client’s reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Benkorp or any of its subsidiaries or affiliates.
Benkorp has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, the Client acknowledges and agrees that Benkorp has the absolute right to monitor the same at Benkorp’s sole discretion. In addition, Benkorp reserves the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, Benkorp’s clients, sponsors, users and visitors.
Benkorp may cancel or terminate the Client’s right to use the Sites or any part of the Sites at any time without notice. In the event of cancellation or termination, the Client is no longer authorised to access the part of the Sites affected by such cancellation or termination. The restrictions imposed on the Client with respect to material downloaded from the Sites, and the
disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.
Revisions and Errata
The materials appearing on Benkorp’s web Sites could include technical, typographical, or photographic errors. Benkorp does not warrant that any of the materials on its web Sites are accurate, complete, or current. Benkorp may make changes to the materials contained on its web Sites at any time without notice. Benkorp does not, however, make any commitment to update the materials.
Benkorp’s Sites include proprietary information and material, including graphics, audio/video clips, and editorial content, that is exclusively owned by Benkorp. This information is protected by all applicable intellectual property laws, including but not limited to copyright and trademark laws (e.g. Benkorp logos and captions). As a condition of your access to this Sites, the Client agrees to not use any such proprietary information without the express written consent of Benkorp.
Modification of Benkorp’s Sites’ Terms and Conditions
Benkorp may revise these Terms and Conditions for the Sites at any time without notice. By using these Sites the Client is agreeing to be bound by the then current version of these Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of NSW and any dispute shall be subject to binding arbitration in Sydney, NSW. If any provision of the Terms and Conditions would be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions.
Links to Other Sites
Benkorp’s Sites may contain links to other independent third-party Web sites (“Linked Sites”). Benkorp has not reviewed all of the sites linked to its Internet web Sites and is not responsible for the contents of any such linked Sites. The inclusion of any link does not imply endorsement by Benkorp of the Sites. Use of any such linked web Sites is at the user’s own risk.
The user will need to make their own independent judgment regarding their interaction with these Linked Sites.
Refunds and Fees
Refunds for Products or Services or Programs are strictly governed by the Terms and Conditions set forth in the product and service descriptions as appropriate. Except where expressly stated, nothing in these Terms and Conditions modifies or otherwise alters those provisions.
Modifications to the Sites and Termination of Use or Access
Benkorp reserves the right to take any of the actions listed below at any time, for any reason, and without notice:
- modify, suspend, or terminate operation of or access to the Sites or any portion thereof
- modify or change the Sites or any portion thereof, and (3) interrupt the operation of the Sites or any portion thereof to perform maintenance or other changes. Benkorp further has the exclusive right to
- terminate individual user’s access to the Sites and related account(s) including but not limited to the Client Group Specific Benkorp-sub-websites, BOTC Training Programs, for any reason including but not limited to any violation of the Terms and Conditions for this Sites and/or the foregoing programs.
The Client further agrees that Benkorp will not be liable to the client or to any third party for termination of their access to the Sites as a result of any violation of these Terms and Conditions.
Enforcement and Disclosure of Information
Benkorp further reserves the right to disclose any information about the Client (including their identity) necessary for any investigation of any complaint related to their use of the Sites and/or to bring legal action against the Client for damages caused to Benkorp, and/or its customers by their violation of these Terms and Conditions. Benkorp further reserves the right to disclose any information about the Client necessary to comply with any applicable law, regulation, legal process or governmental request. In the event Benkorp does take any legal action against the Client as a result of their violation of these Terms and Conditions, Benkorp is entitled to recover from the Client all reasonable legal fees and costs of such action, in addition to any other relief that may be granted.
In the event Benkorp does not strictly enforce one or more provisions of these Terms and Conditions, such action is not a waiver of that or any other provision of these Terms and Conditions against the Client or any other parties. Further, such conduct does not constitute a modification of any provision of these Terms and Conditions.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private legal general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
The Client may access certain features or services offered on or through this Sites through an account (e.g. the Benkorp sites, BOTC Programs). It is the Client’s responsibility to maintain the confidentiality of their account information, including their user name and password. Further, the Client is fully responsible for any and all activity that occurs through their account as a result of their failure to properly secure their confidential information. The Client agrees to immediately advise us of any unauthorised use of your account, password, and any other breach of security. The Client may be held liable for losses incurred by Benkorp or any other user of or visitor to these Sites due to the use of the Client’s account by someone else caused by their failure to properly secure their account information. Likewise, by accessing these Sites the Client recognises that they are not entitled to use anyone else’s account and that Benkorp is not liable for any damages caused by the Client’s improper use of another user’s account.
The Client agrees to indemnify and hold Benkorp, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Benkorp by any third party due to or arising out of or in connection with the Client’s use of Benkorp’s Sites.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed/eliminated to the minimum extent possible and replaced with a valid provision that best represents the intent and purpose of these Terms and Conditions, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
By accessing these Sites, the Client agrees to abide and be bound by all these Terms and Conditions.
c All Rights Reserved 2021