Fishburners Virtual Terms & Conditions
FOUNDERS HUB TERMS AND CONDITIONS
We offer a type of digital membership called a Fishburners Founders Hub where people can join the Fishburners online community and have access to benefits offered by us.
Depending on your digital membership type you will be either a ‘Premium Founders Hub Member ’ or a ‘Standard Founders Hub Member’ and all of the provisions within these Terms and Conditions may not apply to you.
These Terms and Conditions apply only to digital memberships being offered by us.
- Founders Hub Membership
1.1 You become a Founders Hub Member once your application has been accepted and we receive your first payment of the Founders Hub membership fees. Once you are a Founders Hub member we will notify you in writing.
1.2 Your Founders Hub membership entitles you to the benefits offered by us from time-to-time.
1.3 A list of the Founders Hub membership types, fees and benefits you have access to as part of your Founders Hub membership can be found here.
1.4 The list of benefits may vary during your Founders Hub membership and not all the benefits are guaranteed to be available during the time of your Founders Hub membership.
1.5 We may from time-to-time offer discretionary benefits to you. The discretionary benefits may vary. You have no contractual right to receive discretionary benefits, and they do not form part of your Founders Hub membership benefits.
1.6 We accept the business that you list in your Founders Hub membership application. If your business changes or pivots during your Founders Hub membership you must notify us in writing immediately.
2.1 We hereby grant to you a non-exclusive, non-transferable right to access our online intranet portal (Portal), use the services available through the Portal and use any documentation and/or content which is on the Portal (Content) during your term of your Founders Hub membership and solely for your internal business operations on these terms and conditions.
2.2 You must ensure that you keep your password to access the Portal secure and confidential.
2.3 We reserve the right to monitor your use of the Portal to verify your identity and the use they are making of the Portal.
2.4 If the monitoring referred to in clause 2.3 reveal that any password has been provided to or acquired by any individual who is not authorised by us, then without prejudice to our other rights, we reserve the right to promptly disable such passwords and all related access to the Portal.
2.5 You will comply, and ensure that each of your employees or agents complies, with any policies published by us on the Portal.
2.6 You must not:
- a) attempt to gain unauthorised access to computer systems or content through the Portal;
- b) use a false email address, impersonate others or misrepresent your affiliation with others;
- c) share your login and password details with any other person or use the login details of any other person to access the Portal;
- d) use the Portal or any of the materials and/or content made available through the Portal in a way that violates any applicable laws, the intellectual property or other rights of ours or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
- e) reverse engineer, decompile or disassemble the Portal or use the Portal to develop a solution that is the same or substantially similar to the Portal;
- f) licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Portal and/or the Content available to any third party;
- g) assist third parties in obtaining access to the Portal and/or the Content; or
- h) except as permitted under these terms and conditions, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or resell any information, documentation, software, or materials made available through the Portal.
2.7 You will use all reasonable endeavours to prevent any unauthorised access to, or use of, the Portal and/or the Content and, in the event of any such unauthorised access or use, promptly notify us.
2.8 The rights provided under this clause 2 are granted to you only and will not be considered granted to any subsidiary or holding company of yours.
2.9 Subject to any aspects of the Portal for which you will take responsibility, the Portal will be managed and supported exclusively by third party provider Bisner Europe B.V. (company number: 64895246).
- Payment, Fees and Taxes
3.1 The fees charged by us for Founders Hub membership are those shown on our website from time to time. We reserve the right to adjust these fees. Fishburner may vary the services at any time by servicing not less than 7 days written notice.
3.2 Subscriptions are paid up front at the time of purchase and are non refundable.
3.3 Payments are made in advance. The recurring payment for the amount of the offer you have requested will be automatically charged by Fishburners in advance, subject to the terms set out below, until such time as the subscription is terminated in accordance with these terms and conditions.
3.4 The next payment of auto-renewing subscriptions will be made up to 7 days prior to the commencement of the next billing period.
3.5 You cannot cancel your membership until after the Minimum Term of your subscription plan. No Refunds will be provided for any memberships cancelled prior to completion of the minimum term. You will receive notice of renewal 7 days prior to the renewal rollover.
3.6 All fees are GST exclusive unless stated otherwise.
3.7 We will engage a third-party payment facilitator called Chargebee to enable you to pay for your Founders Hub membership and for us to receive payment,
3.8 We will send you an invoice for your membership fees. Unless otherwise specified the invoice will be sent to the email address specified in your application.
3.9 We reserve the right to suspend your membership and block your access to the Portal, in accordance with clause 15.5 if your membership fees are overdue by 7 days or more. Please note late fees may also be charged each time an automatic debit fails to debit.
- Cancellation, Termination and Refunds Policy
4.1 Your Subscription will continue until cancelled by either one of us. You may cancel your subscription after the minimum subscription term. You must provide a minimum of 7 business days’ notice, if you want to cancel your subscription. Cancellations will take effect at the end of the subscription period.
4.2 Initial payments made for subscriptions are non refundable in whole or in part unless :
- Fishburners cancels your subscription or
- We no longer provide the subscription service; or
- Required by law
4.3 If your subscription is canceled as described in 1 (a), (b) or (c) above before the end of a prepaid subscription period, you will be entitled to a prorated refund for any unused days.
- Founders Hub Member Obligations
5.1 You warrant that:
- a) you are at least 18 years old;
- b) any details you provide to us when applying for membership are true, accurate and complete when you submit them;
- c) you have the authority to provide us with information you provide when applying for Founders Hub membership;
- d) you will comply with any policies published by us;
- e) you are solely responsible for any and all content that is posted through your account which you have access to in connection with your Founders Hub membership; and
- f) not do anything that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory.
6.1 You must comply with our Code of Conduct, and our other policies relating to the Founders Hub membership.
6.2 You must check our Policies regularly as they may be changed by us. We will endeavour to give you notice of any change but we do not guarantee to do so.
6.3 You must comply with and ensure that your business complies with all Australian laws and regulations that govern the conduct of your business.
6.4 You must not do anything, in connection with your Founders Hub membership, that is illegal, that may interfere with the or that may cause any nuisance or annoyance, increase the insurance premiums we have to pay, or harm our reputation or that may cause us loss or damage.
7.3 You may enter other data, information or material on the Portal during your use of the Portal (Data). You grant consent for us to access, review or copy on our own account, or disclose and transfer to any third party, any Data, to the extent required:
- a) to permit us together with our officers, employees and contractors to provide you the Portal, Founders Hub membership benefits and services associated with your Founders Hub membership;
- b) to effect a sale (or proposed sale) of all or part of our business; and
- c) otherwise as required or permitted by any law to which we and our related bodies corporate may be subject.
- Limitation of Liability
8.1 We exclude liability to you for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, Consequential Loss or special loss, damage or expense.
8.2 We do not exclude or restrict our liability for any matter which it would be unlawful for us to exclude or attempt to exclude our liability.
8.3 We are not responsible for:
- a) any injury (whether physical or mental) that occurs while you are a Founders Hub member; or
- b) any loss of property that occurs while you are a Founders Hub member.
8.4 To the full extent permitted by the law, our liability for our breach of any guarantee, condition or warranty is limited to fees actually paid by you in respect of your Founders Hub membership in the year in which the event giving rise to our liability occurs.
8.5 For the purposes of this clause Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
9.1 You must indemnify us against and pay on demand any and all loss, liability or costs (including third party claims for personal injury, death or tangible property damage) suffered or incurred by us or our officers, employees, contractors, agents and visitors arising out of or in connection with your actions or omissions or those of the staff of your business, including:
- a) negligence;
- b) fraud, unlawful conduct or wilful misconduct;
- c) fraudulent or innocent misrepresentation;
- d) breach of these terms and conditions or any of our policies; and
- e) breach of any laws.
- Term, Termination and Suspension
9.1 You become a Founders Hub member once your application has been accepted by us and your Founders Hub membership will continue until terminated in accordance with clause 4.
9.2 We may terminate your Founders Hub membership, with immediate effect, by giving you written notice if:
- a) you do not pay your Founders Hub membership fees in accordance with our terms of payment;
- b) you are in breach of any one or more of these terms and conditions provided that, where the breach is capable of being remedied, we have given you written notice of the breach, given you 14 days to remedy the breach and you have failed to remedy the breach in that 14 day period; or
- c) your conduct, in our reasonable opinion, is incompatible with your Founders Hub membership and the values to which we subscribe.
9.3 We may also terminate or suspend your Founders Hub membership:
- a) for convenience, by giving you at least one month’s written notice; or
- b) with immediate effect if we can no longer provide you access to the Portal or provide you with the Founders Hubl membership benefits.
9.5 We may suspend your access to the Portal if you fail to pay any fees, which have become due from you in respect of your Founders Hub membership. If your right to access and use the Portal is suspended, then you remain liable to pay the fees due to us in respect of your Founders Hub membership.
- After Termination
10.1 When you cease to be a member you cease to be entitled to the benefits of membership.
- Updates to these Terms and Conditions
11.1 We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes. However, you should also keep track of whether changes have been made to these terms and conditions by referring to the date of publication at the end of this page.
11.2 If you continue to enjoy the Founders Hub membership benefits following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed. If you do not agree with changes to the terms and conditions, you can choose to no longer be a Founders Hub member.
12.1 Any notice we send to you will be emailed to the email address that you provide to us when applying for Founders Hub membership.
13.1 If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
13.2 These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales.
FISHBURNERS COLLECTION NOTICE
We ensure that our overseas partners have robust security in place to protect your personal information and we will take reasonable steps to ensure that any overseas recipients do not breach the APPs. By giving us your information, you consent to overseas disclosure and accordingly sub clause 8.1 of the APPs will not apply to the disclosure of your personal information to an Overseas Recipient.
Published 23 February 2021