1. Terms of Service

1.1 Introduction

Biz.com.au (“Site”) is designed, owned and operated by Biz Australia Pty Ltd (“Biz”). Biz may be referred to as “we”, “us” or “our” in these Terms of Use (“Terms”). Together, you and we may be collectively referred to as “Parties”.

Biz is an information service that provides you with a referral service, and/or the tools and general information you need to compare a wide range of products, providers and services, including Business Insurance services (“Referrer Service”).

1.2 Nature of our Services.

By using and accessing our Referrer and Comparison Service, and by entering your Business Insurance Letter Reference Number on our website, you acknowledge and agree that:

• The Services offered through the Website by Biz are Business Insurance Referral Services which are independent of Insurance Brokers or Agents;
• We are not insurance agents and have no insurance credentials. We are not an insurance agent, insurance broker or insurance company;
• The “You must act before” date displayed on our Notification Letter sent to you is only a cautionary date designed to notify you to do your own research into the specific Workers’ Compensation legal obligation rules in your particular State.
• We will use your information and your chosen BIC (Business Industry Code) to refer your to a number of insurance agents and brokers to inform them you are actively looking to receive business insurance quotes;
• Biz is not a government organisation, but is a private third-party provider of business insurance referral services;
• Biz is not affiliated with any particular insurance agent or broker;
• Biz is not affiliated with ASIC or any government agency.
• We will assign a qualified Business Insurance Broker to make contact with you and help you understand your insurance obligations;
• We do not provide information on all available products, providers or services, so there may be other options available to you than the products, providers or services we display or refer to you;
• We may filter products and services that are displayed to you on our Notification Letter or the Site based on information you have agreed to share with us in accordance with our Privacy Policy, including information we obtain as a result of your public information displayed on various public and government websites;
• We do not consider you or your business’s objectives, needs, financial situation or other personal circumstances when we decide whether to notify you or display a product or service to you;
• Products and services that are displayed to you are for general, informative purposes only and is not personal advice of any nature (including, without limitation, legal, taxation, insurance, financial or other advice about the suitability or appropriateness of any product or service);
• Products and services that are displayed to you are not a recommendation or suggestion by us: (1) that a particular product or service is appropriate for you; (2) that you should apply for or acquire a particular product or service; or (3) that we endorse any particular issuer.
• You should get independent insurance advice from a licensed insurance company or adviser before making any decision to apply for or acquire a product or service we refer you to or display to you and consider your own personal insurance circumstances when comparing products or services.
• You should get independent financial advice from a licensed financial adviser before making any decision to apply for or acquire a product or service we display to you and consider your own personal financial circumstances when comparing our referred products or services.
• We are not a product or service issuer nor are we owned by a bank, insurer or product issuer. While in some cases we may refer you to an insurance or financial company,  you will also need to do your own insurance and financial research and compare other insurance and financial company quotes and advice before making your choice and payment. We don’t know enough about you to provide you with personal advice about your specific needs or circumstances.

In order to provide you with a referral, quotes, comparisons, factual information or advice we may need to collect some basic information about you such as your email address, phone, age, gender, occupation, BIC (Insurance Business Industry Code) and other information. By clicking “continue”, “submit”, “quote” or “enquiry” buttons, you are authorising us to provide your information to an adviser or broker or other business service provider who will call or contact you to provide you with personal advice about your options and available products. By doing this you are also consenting to us retaining your personal information so that we, or our affiliates, can contact you about other relevant services that we think might interest you (but you can “opt out” of this process at any time by simply withdrawing your consent or clicking on “unsubscribe” on anything you receive from us or our affiliates). If we refer you to a broker, please understand that the broker or issuer may only be able to assist on a select range of products and may not be able to assist you with a specific product/provider. Therefore before you act or commit to any plan, confirm the scope of the products on which the broker or issuer can advise and make sure that you understand the consequences and implications of any restrictions.

We refer your required service to product or service issuers we think my be able to help you or provide a quote to you. We do not assess if a particular product or service is suitable for you. Providing or obtaining an estimated insurance quote through our referrer does not guarantee you can get the insurance. Acceptance by insurance companies is based on things like occupation, health and lifestyle. Please understand that your particular circumstances, choices and preferences may also restrict the number of products available to you.

We endeavour to ensure that the information and other content on our Site (the “Online Platform”) is accurate and current but we can’t guarantee the accuracy or currency of the information on which we’ve relied. We suggest that you use your own judgment and read the entirety of your notification letter and these terms before you make any decision about a financial product offered by our Online Platform. If you find an error in our data please let us know and we’ll correct our Online Platform.

Policy or product costs listed on our Online Platform (particularly in respect to insurance products) are approximations based on available data. The provider of the product ultimately determines the price and terms of the cover they provide and the actual cost charged by the provider may vary from the approximation quoted by us.

To the extent permitted by law, Biz disclaims all liability to any person in relation to use of the Online Platform, and you waive all claims against Biz in relation to your use of the Online Platform. Biz accepts no liability for any interference with or damage to a user’s computer, mobile phone, software or data occurring in connection with or relating to the Online Platform or its use or any website linked to our Online Platform, and does not represent or warrant that our Online Platform or any website linked to ours will always be accessible. Nor do we represent or warrant that any applications initiated through our Online Platform will in fact be received or made to the intended recipient. Users are advised to confirm the application by other means.

The Online Platform includes links to other websites operated by community, business and government. These linked websites will have their own terms and conditions of use and you should familiarise yourself with these. All linked websites are linked “as is” and Biz does not sponsor, endorse or necessarily approve of any material on websites linked from or to our Online Platform; does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on websites linked from or to the Online Platform; does not make any warranties or representations that material on other websites to which this Online Platform is linked does not infringe the intellectual property rights of any person anywhere in the world; and does not authorise the infringement of any intellectual property rights contained in material in other websites by linking the website to those other websites.

If you have a complaint or dispute in relation to our service, please contact us using the details provided on our contact us page.

The information and data on the Online Platform is subject to change without notice.

1.3 Business Insurance Referrals

• Before accepting any advice or service offered to you from one of our Referrers, you will check for any state or territory alternate business insurance options that may be required or may be cheaper or more beneficial for you.
• By making any payment in connection with one of our Services, you grant us the authorisations, and make the declarations, contained in this clause.
• You acknowledge that:
  • it is an offence to provide false or misleading information to any of our Referrers; and
  • Our Referrers may contact you, or us if it has any questions regarding your business insurance quote or services.
• You declare that, to the best of your knowledge, the information you have supplied to us via the Website in connection with your business details and BIC are complete and accurate.
• You authorise us to pass on your information to one of our chosen Business Insurance Referrers should you successfully submit your information to us through our website once you have entered your Notification Letter Reference Number.
• You authorise us to pass on your information to one of our chosen Business Services Referrers, including for Logo Design, Domain Registration, Hosting Services, Cyber Security Services, Gas and Electricity Services, Novated Leasing Services, and other business-related services that could help your business, should you successfully submit your information to us through our website once you have entered your Notification Letter Reference Number.
• If your contact details change, you must notify us of such changes through our Website.
• You acknowledge that submission of a business insurance query through this Website does not guarantee that you will successfully obtain the business insurance, and Biz does not make any warranties as to the successful issuance of your business insurance.
• You acknowledge it is your responsibility, once your chosen insurance broker or agent has contacted you, to periodically log into your account with them and check your insurance information and payments have been made, and are up to date, with them. Our service is simply to initially refer you to an insurance agent or broker, nothing past that.

1.4 Your Privacy and Security of your Personal Information, Opt-In Marketing Material.

• Our privacy notice (biz.com.au/privacy) explains how we collect and disseminate the information provided in this application. We collect personal and business-related data and information about you in relation to your business that is publicly available on the internet. We do this to offer you a premium business referral service to save you the time and hassle of performing this task yourself.
• When you engage us to perform a Service, we collect personal information about you in order to respond to your enquiries, provide you with more information about our products and for purposes otherwise set out in our Privacy Policy.
• We may disclose the information that you provide to us to third parties that help us deliver our services (including information technology suppliers, communication suppliers, insurance brokers and agents and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you. We may also disclose your personal information to recipients that are located outside of Australia in accordance with our Privacy Policy.
• We may provide some of your basic contact information (including name, phone number and email address) to our preferred partners or associated services in connection with other business services if, when you last made a payment to us for our Services, you ticked the box that states “I give consent to be contacted in regards to related business services that can help my business”.
• By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
• Our Privacy Policy explains:
  • (i) how we store and use, and how you may access and correct your personal information;
  • (ii) how you can lodge a complaint regarding the handling of your personal information; and
  • (iii) how we will handle any complaint.
• If you would like any further information about our privacy policies or practices, please contact us by email at help@biz.com.au(.)
  
  1.5 Opt-In Marketing Emails from our Partners and Affiliates
  
• When you renewed your business name, in the Declaration tick-box section, you were given to option to opt-in to receive email or phone calls in regards to business services or promotional material that could help your business. If you ticked the box that said “I give consent to be contacted in regards to related business services that can help my business”, our partners and affiliates will phone you and send you emails from time to time to offer you business services that can help your business.
• Some of our partners and affiliates include; Business Insurance Services, Logo Design Services, Domain Services, Hosting Services, Business Funding Services, Cyber Security Services, Drop Catcher Services.
• If our partners or affiliates send email messages to you, they will do so manually, individually and directly because you conspicuously allowed your email address to be used for our partners and affiliates to contact you. You gave or inferred your consent that you would wish to be emailed. You may choose to click on the Unsubscribe link in the footer of the email if you don’t want that particular partner or affiliate to contact you again at that particular email address in the future. All our partners and affiliates take unsubscription requests seriously. Please note, if you unsubscribe, that particular partner or affiliate will no longer notify you of any business services options in the future.

1.6 Disclaimer

• Whilst we endeavour to ensure that your information is accurate and error-free, you acknowledge that we will not be held responsible for any inaccuracy, omission, defect or error in your information. We will not be liable for any loss or damage, however arising, which may be caused by use of this information.

1.7 Accuracy, completeness and timeliness of information

• We make no warranty in regard to the accuracy or completeness of the information on this Website.
• We are not liable to you or to any third party in the event of interference with, or damage to, your computer systems or networks in connection with the use of this Website or a linked website.
• Biz reserves the right to review and change any of the Terms from time to time and without notice at its sole discretion, in which event we will use reasonable endeavours to provide you with notice of the updated Terms. Any changes to the Terms take immediate effect from the date of their publication.

1.8 Linked sites

• Our Website may contain links to third-party websites. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated, Biz does not endorse and is not responsible for the content on those third-party linked websites and has no control over or rights in those linked websites.

1.9 Intellectual property rights

• Unless otherwise stated, Biz owns or licenses all rights, title, and interest (including copyright, designs, patents, trademarks, and other intellectual property rights) in the Website and in all of the material (including all text, graphics, logos, audio, and software) made available on or via this website (‘Content’).
• Your use of this Website and use of and access to any Content does not grant or transfer any rights, title, or interest to you in relation to this website or the Content.
• All other use, copying, or reproduction of this Website, the Content, or any part thereof is prohibited, except to the extent permitted by law.

1.10 Unacceptable activity

• You must not do any act or thing that we would deem to be inappropriate, is unlawful or is prohibited by any laws relating to our Website, including but not limited to:
  • any act that would constitute a breach of the privacy (including uploading personal information without the consent of the individual to which the information relates) or any other of the legal rights of individuals;
  • using this website to defame or libel Biz, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our systems or property or the systems or property of other individuals;
  • engaging in any activity that interferes with or disrupts the operation of the Website or its services in any way (whether directly or indirectly) or use the Website in a manner that adversely affects its availability to others;
  • transmitting to this Website any unauthorised material, including material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
• If Biz allows you to post any information to our Website, you acknowledge and agree that we have the right to take down this information at our sole discretion and without notice.

1.11 Disclaimer and indemnity

• You acknowledge and agree that Biz:
  • provides a private, commercial, non-government online business insurance referral service and is a computer program (albeit sometimes with manual and/or human review);
  • is not ASIC, the government, an accountant, a tax agent, a solicitor, an accounting firm, an insurance agency, an insurance company, an insurance broker, or legal firm;
  • does not give, nor purport to give, legal, insurance, financial, accounting or taxation advice.
• Despite Biz’s best efforts to explain relevant matters and instructions clearly on its support telephone lines, support emails and marketing material, you acknowledge and agree that:
  • you may misconstrue such explanations and instructions or omit to read them (including offered guidance and information shown or available at the bottom of notification letters or marketing material); and
  • Biz will not be liable in respect of any such misconstructions or omissions. 
• Biz’s sole purpose is to refer you to an insurance broker or agent who will then offer your independent business insurance. It is up to you to compare their information and quotes to other business insurance services. You agree not to use our referrer service if it is imperative that the proposed business insured by a particular time or date or by a particular insurance policy.
• Although every effort has been made to take account of every combination of circumstances, Biz, being a computer program and an online business insurance automation referral software tool, may not have been written in such a way so as to foresee and take into account every combination of unusual circumstances.
• If your business insurance referral on our system has been sent to an insurance broker or agent, and they have contacted you, or attempted to contact you, we will have entirely (and will be deemed to have entirely) fulfilled our purpose, and as such you will have no claim whatsoever against Biz.
• To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
• We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
• You indemnify us from and against any losses or claims arising out of, or as a consequence of, your negligent, wrongful, unlawful or incorrect reading of our marketing material.
• To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it (including any information relating to medical or healthcare matters), or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

1.12 Jurisdiction and governing law

• Your use of the Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

1.13 Why use Biz Australia Pty Ltd trading as Business Insurance?

After you’ve just started your new business, you can count on us to notify you that you have certain legal obligations to take out and maintain Workers’ Compensation and Business Insurance. Our business insurance referral service is most useful for businesses who aren’t aware they need to take out business insurance and/or find it too time-consuming to communicate, contact or navigate the internet finding business insurance options for themselves. We strive to save Australian businesses time and money by providing our fast and simple business insurance referral services.

Biz Australia Pty Ltd is a private, third-party, business insurance referral service. We are not an insurance company, insurance agent or broker.

1.14 Fees and Payment

• Unless otherwise specified in these Terms, any fees and charges payable to us will be paid to us by the referrer in exchange for us providing them your lead that indicates you are interested in receiving their quote and or insurance information advice.
• If a payment must be made to us, it will be strictly by credit card.
• We will not pass your information onto an insurance broker or agent unless you enter your notification letter reference number onto our website.
• Unless otherwise stated, all fees and charges are in Australian dollars. The fees are inclusive of goods and services tax (GST) where applicable.

1.15 Modification to the Terms of Service

We, and our affiliated Biz entities and referrers, reserve the right to make changes to the Terms at any time. It is your responsibility to review the Terms from time to time to see if modifications have been made. Your continued use of the Online Platform after any modification of the Terms will mean that you accept those changes. Notwithstanding the above, we will seek to notify you of future modifications to the Terms to the extent that we are required to do so by law.

1.16 Electronic Communication

We, or our affiliated Biz entities, may be required to provide certain legal and regulatory disclosures, confirmations, notices and other communications (collectively “Communications”) to you in written form. By agreeing to these Terms, you consent to Biz and the affiliated Biz entities delivering such Communications to you in electronic form, including e-mail. Consent for electronic delivery applies to every year the Communications are furnished.

You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement such Communications would satisfy if they were provided in writing. With respect to these Terms, you waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law.

1.17 Registration

Basic access to the Online Platform is publicly accessible. However, to use certain features of the Online Platform e.g. to obtain an Insurance Referral, to submit a review or use our secure Services you must:

• be at least eighteen (18) years of age;
• have not previously been suspended or removed from our Online Platform or by law;
• complete the registration process, including verifying your identity if required to access particular Services; and
• comply with these Terms and any relevant laws.

Once registered, a Biz Account will be created for you to access the Online Platform. You can only have one user account and attempts to create or maintain duplicate accounts may result in banning or other actions.

You agree that the registration information you provide is accurate, complete and current. You further agree to promptly update that information to keep it accurate, complete and current. You understand that a change in your state or country of residence may impact your eligibility to access and use the Online Platform and agree to notify us in advance of any change in your State or Country of residence.

1.18 Online Platform Services

The terms and conditions for each of the Services available through the Online Platform below are incorporated by reference in their entirety.

Referral Service – When you use the Online Platform to compare the wide range of products, providers and services available, your use of the Referral Service is governed by our Comparison Service Terms of Use below.

1.19 Account Security and Password

Biz, and its affiliated entities, excludes all liability, and you acknowledge and agree that we will not be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorised use of your Biz Account, including your user ID or password.

Data transmitted via the Online Platform may use a Secure Sockets Layer (SSL) protocol, and data may be encrypted on some pages of the Online Platform. To the extent such technology is utilised on a given page, you may be unable to use certain account or customisation features of the Online Platform unless your web browser software supports such encryption. Please note that no technology can be considered completely secure or impenetrable and internet protocols and other public and/or proprietary technology used or accessed by the Online Platform may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. Subject to applicable law, Biz, and its affiliated entities, will have no liability to you for any such exploitation or criminal conduct by third parties.

1.20 Potentially Fraudulent Activity

Any actual or suspected unauthorised access or unauthorised activity will be treated by us as potentially fraudulent (“Potentially Fraudulent Activity”). You agree to notify us immediately if you become aware of or suspect any Potentially Fraudulent Activity by contacting us directly by emailing us at help@Biz.com.au(.)

For avoidance of doubt, you are deemed to be aware of Potentially Fraudulent Activity upon receipt of any notice of the occurrence of such activity. Upon receipt of written notice from you of any Potentially Fraudulent Activity, we will take reasonable steps to protect your Biz Account, including, for example, by temporarily restricting access to your Biz Account, suspending any pending transactions, or requiring you to change your login credentials.

You agree to promptly report any Potentially Fraudulent Activity to legal authorities if required by applicable law, and to provide us a copy of any report prepared by such legal authorities. In the event of a legal investigation of any Potentially Fraudulent Activity, you further agree to (i) cooperate fully with the legal authorities and Biz, or its affiliated entities, in such investigation; (ii) complete any required statutory declarations promptly, accurately and thoroughly; and (iii) allow Biz, or its affiliated entities, or any third party designated by us, access to your mobile device, computer, and network as may be relevant to such investigation. Failure to cooperate in any such investigation may cause delays in regaining access to your Biz Account.

1.21 Acceptable Use of the Online Platform

You agree that any information that you provide (about your identity, finances, and relationships) is accurate, correct, and up to date. You agree that you are 18 years of age or older; able to form a binding contract with us; and are acting on your own behalf (and have not been banned, terminated, or otherwise denied access to the Online Platform by Biz or by law).

Accessing the information, resources, services, products and tools of this Online Platform by any other means than we provide is strictly prohibited. You specifically agree not to access or tamper with the Online Platform, for any purpose, through any automated, unethical or unconventional means, including accessing or collecting personally identifiable information or account information (including user names, passwords, e-mail addresses or other personal, financial or contact information) with respect to Biz’s, or the affiliated Biz entities’ users or employees.

You may not violate, interfere with, impair or circumvent the ordinary operation, security, privacy or mission of the Online Platform or Biz’s products, services or data, including overburdening, spamming, engaging in a denial of service attack or similar activities (or attempt to do any of the above).

You are solely responsible for all activity that occurs on or under your Biz Account (whether or not expressly authorised by you), and for maintaining the confidentiality of your login details. Biz will have no liability to you or any other person for acts or omissions made or committed by your agent, representative or third-party service provider in respect of your Biz Account.

You will not transmit to Biz, or any of its affiliated entities, or make available on or upload any information to the Online Platform that: (i) is commercial or promotional in nature; (ii) is unlawful, harmful, deceptive, or otherwise violates the legal rights or privacy of others; (iii) is capable of giving rise to legal action whether against you or Biz or any affiliate third party; (iv) infringes any patent, trademark, trade secret, copyright, or other property rights of any party; (v) impersonates any person or entity (including Biz or its employees and representatives); or (iv) contains viruses, malware or any program, code or technology designed to disrupt, intercept, impair or destroy the functionality of the Online Platform or its software, data or network.

Biz reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, Biz does not control any information provided by other users that may be made available on or through the Online Platform. Notwithstanding Biz’s rights under the Terms, Biz does not undertake, and will not be obligated, to monitor the submission of any content to, or the publication of any content on, the Online Platform at any time. Biz reserves the right to refuse service, terminate relationships, and cancel orders or transactions in its discretion.

By submitting information, feedback or other material to Biz, or any of its affiliated entities, including on or through the Online Platform or your Biz Account, you: (i) acknowledge that such information is non-confidential, except for any personal and financial information; (ii) grant Biz, and its affiliated entities, a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicenseable, fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials in any form or medium known or later developed; and (iii) agree that you will have no claim against for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide.

1.22 Suspension of the Online Platform and Services

We will be entitled to suspend or withdraw your right to use the Online Platform and the Services (or any part thereof) where:

• you have used the Services or Online Platform (or any part thereof) in a manner which is unlawful or contrary to the Terms
• there has been unauthorised or fraudulent use of your Biz Account or we have reasonable grounds to suspect such fraudulent or unauthorised use;
• we are conducting anti-money laundering or similar checks on you, until those checks are completed to our satisfaction;
• we are required to do so by law or regulation; or
• we reasonably determine that it is necessary to do so.

1.23 Fees

Fees and charges are published on the Online Platform. We may change our fees and charges from time to time. We may notify you of any changes to our Fees and Charges by publishing changes on the Online Platform. You should review the current fees and charges prior to accessing or using any of the Services.

1.24 Intellectual Property

All rights, title, and interest in and to the Online Platform and the Content (defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of Biz, the affiliated Biz entities or its licensors, as applicable. The “Content” includes all contents of the Online Platform, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all information and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Online Platform’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Online Platform.

Subject to the terms and conditions of the Terms, we grant you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to use the Online Platform and the Content for personal use until such time as the Terms terminate or expire or your right to use or access the Online Platform is terminated in accordance with the Terms.

Except as explicitly permitted by the Terms, you may not, and you may not allow others to, sell, copy, modify, correct, enhance, create derivative works from, publish, store or in any way distribute or otherwise exploit, including for any purpose competitive to Biz, any Content. You may not, and you may not allow others to: (i) decompile, reverse engineer, convert or otherwise extract or disclose the underlying script, code (whether binary, assembly, source, object, HTML or otherwise) or structure of any Content, or (ii) remove or alter authorship attribution or copyright notices or similar information on the Online Platform or any products or materials embodying or containing any Content.

Any violation of the provisions of the Terms regarding Biz’s Intellectual Property may subject you to compensatory and punitive damages, and shall specifically also entitle Biz to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.

1.25 Third-Party Websites and Content

The Online Platform may contain links or connections to third party websites. Any such link or connection is provided only as a convenience and should be used at your own risk. Biz has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by Biz or create any liability on the part of Biz in respect of such link or connection. Your use of any such third-party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.

Biz will have no responsibility for any liabilities arising from or related to the contents of any third-party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website.

1.26 Product information

You may be able to access information about our or our partner’s products and services via the Online Platform. You acknowledge that it is your responsibility to assess the appropriateness of any product or service in light of your personal objectives, financial situations or needs, and, if necessary, seek appropriate professional advice. The provision of product information is not and should not be seen as the provision of personal financial advice.

1.27 Termination

You may cease using the Online Platform at any time. If you are not in full compliance with all of these Terms, the permissions granted to you under these Terms will automatically terminate, and in such circumstance, you will no longer use or access, or be entitled to use or access, the Online Platform, the Content or any Biz Account.

Biz may terminate your right to use the Online Platform, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which Biz may exercise this right to terminate your right to use the Online Platform include, but are not limited to:

(i) you have breached any provision of the Terms;
(ii) you have engaged in conduct which Biz, in its sole discretion, considers to be unacceptable;
(iii) Biz is required by law to do so; or
(iv) Biz no longer provides the Online Platform.

The above are only examples of circumstances in which Biz may terminate your right to use the Online Platform and Biz may terminate your right to use the Online Platform for any other reason in its sole discretion. We will not be liable to you due to or by reason of our termination of your right to use the Online Platform or the automatic termination of your right to use the Online Platform for non-compliance set forth above.

Any ongoing obligations on you, and the provisions relating to: (i) Biz’s Intellectual Property; (ii) Biz’s Remedies; (iii) Indemnification; (iv) Limitation of Liability; (v) General, and (vi) any other provisions designed to survive, will survive any termination or expiration of the Terms for any reason.

1.28 Biz’s Remedies

Without prejudice to Biz’s other rights under the Terms, if you breach the Terms in any way, Biz may take such action as Biz deems appropriate to deal with the breach, including suspending your access to the Online Platform, prohibiting you from accessing the Online Platform, blocking computers using your IP address from accessing the Online Platform, contacting your internet service or other telecommunications provider to request that it block your access to the Online Platform and bringing court proceedings or taking other legal action against you. If you violate the Terms, Biz will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not to the exclusion of or in substitution for) any other remedies at law or in equity.

1.29 Indemnification

You agree to indemnify and hold Biz and its affiliates, agents, officers, and employees from and against any suit, action, claim, demand, penalty or loss, including reasonable legal fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of (i) your use of the Online Platform, the Content, or your Biz Account, (ii) any breach or alleged or claimed breach of the Terms or the materials it incorporates by reference, including the Privacy Policy, (iii) your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or (iv) any act or omission by your agent, representative or third-party service provider while using your Biz Account, regardless of whether the specific use was expressly authorised by you.

1.30 Limitation of Liability

All express or implied guarantees, warranties, representations, statements, terms and conditions which are not expressly set out in these Terms are excluded. Nothing in these terms excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law or legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, term, condition or warranty is implied or imposed in relation to these terms under the Australian Consumer Law or any other applicable legislation (a “Non-Excludable Provision”) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option: (i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or( (ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. In any event, our maximum aggregate liability for all claims arising under or relating to these Terms whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis is limited to the amount paid, if any, by you to access or use the Online Platform. To the maximum extent permitted by law, we are not liable for any indirect or consequential loss, or loss of business, goodwill, reputation or for business interruption.

1.31 General

All rights in the Online Platform not otherwise expressly granted to you by the Terms are reserved to Biz. The Terms, together with the Privacy Policy, constitute the sole and entire agreement between you and us with respect to the subject matter hereof and supersedes all other prior or contemporaneous negotiations, discussions, agreements, understandings, representations and warranties, both written and oral, between you and us with respect to such subject matter. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Biz as a result of the Terms or any use of the Online Platform. The failure of Biz to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Biz, nor trade practice, shall act to modify any provision of the Terms. For purposes of the Terms, the terms include, includes, including, such as and for example, shall be construed as if each term were followed by the words, without limitation. Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular.

1.32 Contact Information

If there are any questions regarding our Terms of Service, you may contact us using the following information:

Level 45, 680 George Street,
Sydney, NSW, 2000

or

You contact us directly by filling out our contact form on our contact page or by emailing us at help@Biz.com.au(.)

1.33 How we handle feedback and complaints

Biz aspires to helping you make better decisions.

We hope you’ll be delighted with the tools, services and analysis we make available to you, but if you are not delighted, we are keen to know when and why you’re not satisfied so that we can improve. You can read about how we will handle your complaint using our internal dispute resolution (IDR) procedure located here.

Rest assured that we genuinely appreciate your feedback which is why we’ve tried to make it simple for you to provide us with your views. You can simply use our Online Platform to report any problems or issues you have with us, our Online Platform or the services we provide.

Whatever problems or concerns you may have we’ll do our best to resolve them quickly, transparently and fairly.

Unfortunately, that’s not always possible but if you are unhappy with our response we also have a formal disputes resolution process in place.

Feedback, complaints and Internal Dispute Resolution.

At Biz, we believe that all feedback – even criticism or complaints – provide us with insights that can only make our business better. So we legitimately welcome user feedback and encourage them to tell us what we’re doing well and where we can improve.

We have IDR processes and procedures that generally accord with international standards and reflect our commitment to these principles:

Commitment

The entire Management Team believes that feedback is a gift. We supplement our top-down commitment to effective IDR with adequate staff training, appropriate resourcing and effective management and reporting systems.

Fairness

Our IDR approach is designed to allow equal opportunity to both parties and an objective analysis of the issues. We’ll also ensure that our responses are considered and reasonable.

Resources

The first responder and main point of contact for complaints will be a member of Biz’s customer care team., Where necessary, complaints may be escalated to our Legal Counsel to ensure that your complaint is handled by experienced staff who have the authority to settle the complaints (or facilitate direct access to a person who could).

Visibility

We don’t hide either our approach or our principles and we’ve made it ridiculously easy for you to contact us. You contact us directly through our contact us page.

Accessibility

We prefer you to provide your feedback through our website but you can make a complaint by any reasonable means including letter, telephone, in person or email.

Assistance

If you require our help to submit your complaint, we’re happy to assist you.

Responsiveness

If you have a complaint, the worst result is to feel ignored or that your concerns aren’t important. We value feedback, and we respect the effort you’ve made to share your views with us, so we will:

acknowledge your complaint within 3 business days; and
seek to resolve your complaint at the earliest opportunity, and within 30 days.
We won’t guarantee any outcomes except that our response (including any remedies or compensation offered) will be fair and appropriate. If we need to quantify loss or damage, we’ll consider relevant legal principles, relevant codes of conduct, concepts of fairness and relevant industry best practice.

Cost

Our IDR process is free for complainants.

Data Collection

We love feedback, but we love information more and complaints provide us with rich data about our business. For these reasons, we track categories including:

the type of complaint;
the subject of complaint;
the outcome or result of the complaint; and
the timeliness of our response.

Confidentiality

The privacy of your personal information is important to us and we respect your confidentiality. We won’t ask you for information we don’t need but, in order to address your complaint, we may collect some personal information from you.

You have the right not to provide the personal information we request, but this may compromise the effectiveness of the response or information you receive. Rest assured that any personal information we collect or receive will be handled in accordance with our Privacy Policy.

Systemic and recurring issues

Feedback is a gift and our IDR process treats it appropriately. We take the time to try to identify systemic issues or recurring problems to prevent other problems or anticipated complaints. Complaints data is also regularly reviewed by our Executive Management Team.