Terms & Conditions
Last updated 26 August 2024
1. About the Business for Good Network
(a) The Business for Good Network is the ultimate ‘community of communities’ hub for changemakers and purpose-driven leaders across Australia, an all-in-one platform comprising a website www.bfgn.co, a web service and mobile app (collectively the Platform), to connect, collaborate, exchange information and learn.
(b) The Platform is operated by Business for Good Network Pty Ltd (ABN 99 678 735 763). Access to and use of the Platform, or any of its associated Services, is provided by Business for Good Network in partnership with Australia’s leading intermediaries, communities, and peak bodies who are aligning efforts to connect the sector and catalyse change.
(c) We offer a range of services including Membership, events, private online spaces, webinars and programs and other related products and services (Services).
(d) The following Terms & Conditions set out how Business for Good Network Pty Ltd (ABN 99 678 735 763) of 32 Cambridge Street, Red Hill QLD 4509 (“The Business For Good Network”, “us”, “we”) operates and the manner in which you must engage with us if you choose to engage with us. It applies to our website (https://www.bfgn.co/), the Platform and all related websites, applications, services and tools.
2. About the Terms
(a) Please read these terms and conditions (Terms) carefully. By using or browsing the Platform, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Platform or any of its Services immediately.
(b) The Business for Good Network reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any modifications will be indicated by a revised "Revision date" at the top of this page. Any changes to the Terms take immediate effect from the date of their publication.
(c) You also you agree to abide by all relevant domestic and international laws and regulations.
(d) You are also subject to our Privacy Policy, Acceptable Use Policy, and Community Guidelines.
(e) You may also be subject to additional terms and conditions for particular products or services we offer. These additional terms may be agreed in writing and/or be specified on our Platform.
3. Registration to use the Services
(a) In order to access the Services, you must first register for an account through the Platform (Account). As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(b) You warrant that any information you give to The Business for Good Network in the course of completing the registration process will always be accurate, correct, and up to date.
(c) Once you have completed the registration process, you will be a registered member of the Platform (Member) and agree to be bound by the Terms.
4. Your obligations
(a) You agree to comply with the following:
(i) you will use the Platform and Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
(C) the Privacy Policy, Acceptable Use Policy, and Community Guidelines;
(D) any additional terms and conditions for particular products or services we offer that have been agreed in writing and/or specified on the Platform.
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Business for Good Network of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(iv) access and use of the Platform is limited, non-transferable, and allows for the sole use of the Platform by you for the purposes of The Business for Good Network providing the Services;
(v) you will not use the Services or the Platform in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of The Business for Good Network;
(vi) you will not use the Services or Platform for any illegal and/or unauthorised use, which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platform;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Platform without notice and may result in termination of the Services. Appropriate legal action will be taken by The Business for Good Network for any illegal or unauthorised use of the Platform; and
(viii) you acknowledge and agree that any automated use of the Platform or its Services is prohibited.
5. Payment
(a) All payments made in the course of your use of the Services are made using Stripe unless otherwise stipulated. In using the Platform, the Services, or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the Stripe terms and conditions, which are available on their website.
(b) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
(c) You agree and acknowledge that The Business for Good Network can vary the Services Fee at any time.
(d) In the event you subscribe to our Services, you may terminate your subscription by cancelling the subscription in your account at least 5 business days prior to the renewal of the subscription billing period. Given the subscription is processed by Stripe not by us, we cannot waive this requirement. We do not store your credit card details – this is all stored in Stripe, therefore when entering your financial details, you are agreeing to the terms and privacy policy of Stripe and hold us harmless for any issues relating to your interaction with Stripe or for any loss or damage you may suffer as a direct result of your use of that gateway or facility.
6. Warranties and our Refund Policy
(a) To the extent permitted by the Australian Consumer Laws and any other relevant law, we do not warrant that the Platform or Services will be fit for purpose or of a particular merchantable quality. We do not facilitate refunds for change of mind, for your failure to get the proper approval within the business in which you are working, to engage with the Platform or for any other reason excluding those required by law.
(b) To the extent permitted by law, The Business for Good Network will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of The Business for Good Network makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).
(c) While we use reasonable endeavours to ensure that the Platform are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Platform may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control. If the Platform is not performing to the standard described on the Platform, you agree to contact us so that we may investigate and rectify where possible.
(d) We reserve the right to change or discontinue any service or feature of the Platform in whole or in part any time.
(e) Where you believe there is an issue in the services you have purchased or they are significantly different to what you were anticipating from our marketing and/or information provided on the Platform, please contact us to discuss the situation so that we can reach a suitable outcome in compliance with the Australian Consumer Laws.
(f) Any benefits set out in these Terms and Conditions may apply in addition to consumers' rights under the Australian Consumer Law.
7. Copyright and Intellectual Property
(a) The Platform, the Services, and all of the related products of The Business for Good Network are subject to copyright. The material on the Platform is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by The Business for Good Network or its contributors.
(b) All trademarks, service marks, and trade names are owned, registered, and/or licensed by The Business for Good Network, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Platform pursuant to the Terms;
(ii) copy and store the Platform and the material contained in the Platform in your device's cache memory; and
(iii) print pages from the Platform for your own personal and non-commercial use.
(c) The Business for Good Network does not grant you any other rights whatsoever in relation to the Platform or the Services. All other rights are expressly reserved by The Business for Good Network.
(d) The Business for Good Network retains all rights, title, and interest in and to the Platform and all related Services. Nothing you do on or in relation to the Platform will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design, or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark, or industrial design, or
(iii) a thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process).
(e) You may not, without the prior written permission of The Business for Good Network and the permission of any other relevant rights owners:
(i) broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt, or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Platform, which are freely available for re-use or are in the public domain.
8. Privacy
The Business for Good Network takes your privacy seriously and any information provided through your use of the Platform and/or Services is subject to The Business for Good Network's Privacy Policy, which is available on the Platform. We will not sell, share, or rent your personal information to third parties without your consent.
9. General Disclaimer
9.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
(b) The Business for Good Network will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.
9.3 Use of the Platform and the Services is at your own risk. Everything on the Platform and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of The Business for Good Network make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of The Business for Good Network) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
(ii) the accuracy, suitability, or currency of any information on the Platform, the Services, or any of its Services related products (including third party material and advertisements on the Platform);
(iii) costs incurred as a result of you using the Platform, the Services, or any of the products of The Business for Good Network; and
(iv) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of Liability
10.1 The Business for Good Network's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.2 You expressly understand and agree that The Business for Good Network, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
11. Competitors
11.1 If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of The Business for Good Network. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, The Business for Good Network will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
12. Termination of Contract
12.1 The Terms will continue to apply until terminated by either you or by The Business for Good Network as set out below.
12.2 If you want to terminate the Terms, you may do so by:
(a) providing The Business for Good Network with 7 days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where The Business for Good Network has made this option available to you.
12.3 Your notice should be sent, in writing, to The Business for Good Network via the Platform.
12.4 The Business for Good Network may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) The Business for Good Network is required to do so by law; or
(c) the provision of the Services to you by The Business for Good Network is, in the opinion of The Business for Good Network, no longer commercially viable.
12.5 Subject to local applicable laws, The Business for Good Network reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Business for Good Network's name or reputation or violates the rights of another party.
13. Indemnity
13.1 You agree to indemnify The Business for Good Network, its affiliates, employees, agents, contributors, third party content providers, and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using, or transacting on the Platform or attempts to do so; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1 Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
14.2 Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
14.3 Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a) Within 28 days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
(d) The mediation will be held in Brisbane, Australia.
14.4 Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
14.5 Termination of Mediation: If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
15.1 The Services offered and Platform provided by The Business for Good Network are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
16. Governing Law
16.1 The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Severance
17.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
18. Use of the Platform and Prohibited Activities
(a) You agree not to use the Platform, or in any forum where we are active (or contact any other member of our Platform) to:
defame, abuse, harass, stalk, threaten or otherwise offend others;
engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
impersonate or create a profile for any person or entity;
promote, or provide information about, illegal activities or conduct;
promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
exploit any person under the age of 18, or to solicit information from anyone under 18; or
solicit money, passwords or personal information from any person.
(b) You also agree not to:
use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Platform;
"frame", "link" or "mirror" or any part of the Platform without our prior written authorization;
use code or other devices containing any reference to the Platform to direct other persons to any other web page;
except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so.
(c) We have no obligation to monitor any person’s engagement with our Platform, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request and ensure any user is acting in strict accordance with these Terms and Conditions and the Privacy Policy.
19. Third Party Websites, Apps and Integrations
(a) From time to time, the Platform may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Platform and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave the Site &/or App entirely at your own risk.
(b) From time to time, the Platform may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
(c) Given our Services integrate with several other third-party providers, when you accept our Terms, you are also agreeing to accept the Term of Use and Privacy Policy for each of the third parties including but not limited to Stripe for payments – here is their privacy policy and terms of use.