Business Local

Fitzgerald Business Network (FBN)

Terms and Conditions of Use

1. Introduction

1.1. The terms of use of the Fitzgerald Business Network (FBN) website include these Terms and Conditions and the Privacy Policy.

1.2. Please read this document carefully before accessing or using the Fitzgerald Business Network (FBN) website.

1.3. By accessing or using this website, you are agreeing to be bound by these Terms and Conditions of Use. If you do not wish to be bound by the Terms and Conditions of Use, you may discontinue use of this website.

1.4. By using the Site (even if you’re just visiting), you’re telling us you’ve read and agree to the Terms and Conditions of Use. When you choose to register on our website, you must click “I agree” to complete your registration.

2. General Disclaimer

2.1. In these Terms & Conditions (“T&Cs”), “We”, “Us”, “Our”, “FBN”, “Fitzgerald Business Network (FBN)” or “Fitzbn.com.au” means RAVENSTHORPE COMMUNITY RESOURCE CENTRE INC trading as Fitzgerald Business Network (ABN 658 495 442 47), its subsidiaries and associates (unless otherwise stated).

2.2. This website and our membership platform (our “Website“), (“plan“) or (“Plans“) or (“Membership”) or (“Subscription”) is a channel for Employers to advertise their business, job advert and event on our Fitzgerald Business Network (FBN) website.

2.3. We will not be liable if, for any reason, the Website is not available at any time or for any period of time. We reserve the right to limit or restrict access to certain functionality, webpages, or the entirety of the Website.

2.4. While the information contained on the Website is believed to be accurate and current, it is provided by Fitzgerald Business Network (FBN) in good faith on an “as is” basis. Fitzgerald Business Network (FBN), owners, committee members, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the Website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the Website.

2.5. You may have rights under Australian Consumer Law, and these T&C’s do not exclude any rights you have under Australian Consumer Law, or any applicable state/territory legislation.

2.6. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries, and they should not use the website.

3. Acceptance

3.1. Fitzgerald Business Network (FBN) website and membership platform (collectively, our “Website”) is owned and operated by Fitzgerald Business Network (FBN).

3.2. Access and use of the Fitzgerald Business Network (FBN) website is conditional upon your acceptance and compliance with the Terms and Conditions of Use, notices and disclaimers set out herein (our “T&Cs”).

You should read them thoroughly before using our website and online store, or any goods and services provided through our website (collectively, our “Services”).

Your use of the Fitzgerald Business Network (FBN) website constitutes your agreement to the T&Cs.

3.3. Fitzgerald Business Network (FBN) reserves the right to amend the T&Cs at any time and without notice to you. Fitzgerald Business Network (FBN) may change the T&Cs from time to time, and your continued use of the Fitzgerald Business Network (FBN) Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. We will always publish a link to our current T&Cs from the website’s footer at Fitzbn.com.au

3.4. These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Western Australia, Australia.

You agree to submit to the non-exclusive jurisdiction of the courts of the state of Western Australia, Australia.

4. Membership

4.1. Displaying your business, job advert or event on our website is for the duration of your plan. Your plan will specify how long your Fitzgerald Business Network (FBN) will be displayed on our website before it expires. After the expiry date, you will need to purchase another plan for your business, job advert or event to be displayed again on our website.

4.2. Any plan purchased by You in the manner described in this website is an offer to purchase a particular Membership Subscription for the price (including any additional fees and other charges and taxes) specified in this Website at the time you place your order on these Terms & Conditions of Use.

4.3. Fitzgerald Business Network (FBN) reserves the right to accept or reject your business, job advert or event for any reason, including, without limitation, the unavailability of any plan, an error in the price or the plan description posted on this website, or an error in your order.

4.4. Prices of plans and services, as well as delivery of our services and other charges displayed on this website are current at the time of issue but may change at any time and are subject to availability. All pricing on our website is available online only, and is not transferable in-person, or vice versa, on occasions where pricing differs between the two.

4.5. Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value-added tax imposed on any plan or services acquired or ordered by you from this website.

4.6. You acknowledge and agree that your Fitzgerald Business Network (FBN) will be displayed on our website for the duration of your plan unless terminated earlier in accordance with the terms of this Agreement.

If this occurs, we will use reasonable endeavours to contact you within five (5) business days to arrange a full or partial refund.

4.7. We reserve the right to withdraw or suspend any job listing, event listing or business profiles displayed on the Fitzbn.com.au website either temporarily or permanently at any time without notice to you.

4.8. You acknowledge and agree that:

All pictures and images on the Fitzbn.com.au website are for illustration purposes only, and the size and dimensions of the items may differ in real life.
The colour of the images may vary slightly in shade displayed on the Fitzgerald Business Network (FBN) website when viewing on other devices than what colours may be displayed on your monitor.
You have read the plan description before placing an order.
Any accessories featured with the Fitzgerald Business Network (FBN)(s) are for illustration purposes only.
No goods or services will be sold or with the intent of selling through your business profile, job listing or event as part or in full of your membership with the Fitzgerald Business Network (FBN) website.
All sales must be conducted through a third-party provider or website. You are 100% liable and responsible for the links provided on your business profile on our Fitzbn.com.au website.

5. Price & Payment

5.1. Prices are displayed in Australian Dollars (AUD).

5.2. All plans on Fitzbn.com.au are subjected to GST (currently 10%).

5.3. Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step and can choose not to proceed at any time before payment is taken.

5.4. We accept payment via PayPal (Bank Transfer, Visa, Mastercard).

5.5. Once the order is placed, you agree to pay us;

The price (Which is the total of your plan as shown in Step 3: Payment Information when signing up for a Fitzgerald Business Network (FBN) Membership plan in Australian Dollars).

5.6. You acknowledge and agree that any payment in respect of an Order must be cleared by Fitzgerald Business Network (FBN) before your business profile, job listing or event is placed on our website.

5.7. If your payment cannot be processed, your Order will be rejected in accordance with these T&C’s and you will not be notified of this.

5.8. A copy of your invoice will be available in your Member Account section once your Order has been processed.

5.9. Fitzbn.com.au uses an encrypted payment gateway and security certificate (SSL Certificate) to secure online payment made on the Fitzbn.com.au website. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.

6. Online Account Dashboard

6.1. Fitzgerald Business Network (FBN) provides you with an membership Account to make changes to your user profile, business data and access to your membership subscription information.

6.2. You must provide true and factual information when creating an Online Account. You must keep your username and password confidential at all times. Fitzgerald Business Network (FBN) is entitled to assume that anybody accessing your account using your confidential username and password is you.

6.3. Be aware that others may access your account and private information if you do not sign out before ending your session with the Fitzbn.com.au website. Be particularly cautious when using public computers or devices that do not automatically log you out when you exit your browser.

6.4. You should never reveal your password to third parties. If you lose control of your password, you may lose control over your personal information and may be liable for actions taken on your behalf by third parties using your password and/or personal information. Therefore, if your password has been compromised for any reason, you should immediately contact Fitzgerald Business Network (FBN) to change your secure password.

6.5. You are responsible for maintaining the confidentiality of the username and password that you designate during the Order process, and you are fully responsible for all activities that occur under your username and password.

You agree to:

(a) Immediately notify Fitzgerald Business Network (FBN) of any unauthorised use of your username or password or any other breach of security, and;

(b) Ensure that you exit from your account at the end of each session.

Fitzgerald Business Network (FBN) will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Fitzbn.com.au account.

7. Limitation of Liability

7.1. Fitzgerald Business Network (FBN) will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Fitzgerald Business Network (FBN) has been advised of the possibility of such damages.

7.2. Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Fitzgerald Business Network (FBN) for any breach of such term, condition or warranty shall be limited, at the option of Fitzgerald Business Network (FBN) to any one or more of the following:

If the breach relates to services:

The supplying of the services again; or
The payment of the cost of having the services supplied again.

8. Privacy

8.1. You may be asked to input information about yourself on this Website. We take your privacy seriously, and your personal information will always be treated in accordance with our Privacy Policy.

8.2. You represent and warrant to Fitzgerald Business Network (FBN) that all information (including your personal information) and data provided by you to us through the Fitzbn.com.au Website is true, accurate, complete and up to date.

8.3. Please read the Privacy Policy contained within this website. Our Privacy Policy sets out what information we collect, how we use it and what data we store.

9. Copyright

9.1. All content displayed on this site, including (but not limited to): all text, graphics, logos, names and trademarks (collectively, “Our Content“) is the property Fitzgerald Business Network (FBN), or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws.

9.2. Except as permitted by the Copyright Act 1968 (Cth) no part of the website or Our Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Fitzgerald Business Network (FBN).

10. Unacceptable Content and Material

10.1. You may not publish, transmit, distribute or store any content or material on the Fitzbn.com.au website that Fitzgerald Business Network (FBN) believes:

a) Constitutes child pornography;

b) Is excessively violent or incites, threatens or implies violence;

c) Contains harassing content or hate speech;

d) Is unfair or deceptive under any relevant Fair Trading or Consumer Affairs act in your state;

e) Is defamatory or violates a person’s privacy;

f) Creates a risk to a person’s safety, health or security;

g) Compromises national security or interferes with an investigation by any law
enforcement agency;

h) Improperly exposes trade secrets or any other confidential or proprietary information of
another person or business;

i) Is intended to assist others in defeating technical copyright protection, which includes
illegal file sharing and torrents;

j) Clearly infringes on another person or businesses trademark, patent or property;

k) Promotes illegal drugs or violates import or export laws;

l) Relates to illegal gambling or firearms trafficking;

m) Is otherwise illegal or solicits conduct that is illegal under laws applicable to You or to Fitzgerald Business Network (FBN);

n) Is otherwise malicious, fraudulent, or may result in retaliation against Fitzgerald Business Network (FBN) by offended viewers.

11. Third Party Content, User Content and Your Content

11.1. At times the Website may contain links to other websites, which are not operated by us (“Linked Sites”). We may also provide embedded content hosted and controlled by third-party providers (“Embedded Content“). Fitzgerald Business Network (FBN) has no control over Linked Sites and Embedded Content, and as such accepts no responsibility for them or any loss or damage to you that may arise from using them. Your use of Linked Sites or Embedded Content is entirely your choice and responsibility and is subject to the T&Cs of Linked Sites and Embedded Content.

11.2. Fitzgerald Business Network (FBN) does not endorse, promote or recommend any the operators, or any person, organisation or corporation, associated with Linked Sites and Embedded Content unless explicitly stated.

11.3. At times you may be asked to provide your own User Content (personal information) for your account to process an order on the Fitzbn.com.au website.

11.4. You own any User Content that you Publish on Fitzgerald Business Network (FBN) Website (“Your Content“). Other users own any User Content they publish to the Fitzbn.com.au Website. Fitzgerald Business Network (FBN) reserves the right to moderate, deny or remove any User Content, at any time, without explanation. We are not obliged to use, maintain or display your User Content.

11.5. Your content must not include:

Content that you do not have the right to disclose under law, or an obligation you have to a third party (such as confidentiality agreements)
Content that reveals private information, such as your or another person’s identity; or sensitive information, including names, email addresses, phone numbers or addresses.
Content that infringes, or could possibly infringe, the rights (including intellectual property rights, copyrights and trademarks) of others.
Content that can be interpreted by others as being harmful, threatening, abusive, harassing, vulgar, obscene, defamatory, misleading, an invasion of privacy, immoral or otherwise offensive or illegal.

11.6. You can request the removal of your account or any User content at any time by using our contact form from our contact page. Please ensure in the message at the beginning to add the following line: “FBN Removal of User Content“.

12. Viruses, Spyware and Malware

12.1. Fitzgerald Business Network (FBN) does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.

12.2. Fitzgerald Business Network (FBN) will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however, caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on the Fitzbn.com.au website, it shall be limited to the cost of re-supplying that information.

13. Browser Cookies

13.1. Cookies are small pieces of information that your browser stores on your computer’s hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the plans and services we offer.

13.2. Our cookies do not contain any personally identifiable information.

13.3. If you disable cookies on your web browser, you may not be able to fully experience all features of the Website.

14. Electronic Communications

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.

15. Indemnity

You agree to indemnify us (including our owners, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.

16. Disclaimer

16.1. The information contained on the Fitzbn.com.au website is provided in good faith. To the best of our knowledge, the information is accurate and current, and its contents are provided to you on “as-is” basis.

16.2. The Fitzbn.com.au websmaterials,ontain errors, faults and inaccuracies and may not be complete and current and as such Fitzgerald Business Network (FBN) (including our owners, committee members, officers, employees, agents and contractors) make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

16.3. Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Fitzgerald Business Network (FBN) excludes, all implied terms and warranties whether statutory or otherwise, relating to the Fitzbn.com.au website or the subject matter of these Terms and Conditions of Use. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).

17. General

17.1. These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Western Australia.

17.2. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia, Western Australia Registry – https://www.fedcourt.gov.au/contact/wa) and waive any right to object to any proceedings being brought in those courts.

17.3. Only you and Fitzgerald Business Network (FBN) shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.

17.4. Fitzgerald Business Network (FBN) reserves the right at all times to make changes to these Terms and Conditions without notice to you. Any variations to these Terms and Conditions of Use will take effect from posting on the Fitzbn.com.au website. If you do not agree to the amended Terms and Conditions of Use, you must immediately cease all use of the Fitzbn.com.au website. Your continued use of the Fitzbn.com.au website will constitute acceptance of the amended Terms and Conditions of Use.

Please Note: We strongly suggest reviewing this page from time to time as we may revise this page without notice.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.