This agreement applies as between you, the User of this Website
and Bisnis Asia Pty Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses
1 – 9 and 13 – 23 of these Terms and Conditions is deemed to occur upon your first use of the
Website. Clauses 10 – 12 apply only to the sale of Services. If you do not agree to be bound by
these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual
offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer
is deemed to occur upon our sending a confirmation email to you indicating that your order has been
accepted.
In this Agreement the following terms shall have the following
meanings:
Account: means collectively the personal
information, Payment Information and credentials used by Users to access Paid Content and / or any
communications System on the Website;
Content: means any text, graphics, images,
audio, video, software, data compilations and any other form of information capable of being stored in a
computer that appears on or forms part of this Website;
Services: means the services available to
you through this Website, specifically use of the Bisnis Asia Pty Ltd proprietary e-learning platform;
Payment Information: means any details
required for the purchase of Services from this Website. This includes, but is not limited to, credit /
debit card numbers, bank account numbers and sort codes;
Premises: Means our place(s) of business
located at 69 Darling Street, South Yarra, Victoria 3141, Australia ;
System: means any online communications
infrastructure that Bisnis Asia Pty Ltd makes available through the Website either now or in the future.
This includes, but is not limited to, web-based email, message boards, live chat facilities and email
links;
User(s) / user(s): means any third party that
accesses the Website and is not employed by Bisnis Asia Pty Ltd and acting in the course of their
employment;
Website/website: means the website that you are
currently using (learn.bisnisasia.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
we/us/our: means Bisnis Asia Pty Ltd a company
incorporated with the Australian Registrar of Companies with
Company Registration Number ACN 617 940 815 .
Persons under the age of 18 should use this website only with
the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
These Terms and Conditions also apply to customers procuring
Services in the course of business.
- 4.1All Content included on the website, unless uploaded by users, including, but
not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations,
page layout, underlying code and software is the property of Bisnis Asia Pty Ltd, Our affiliates or
other relevant third parties. By continuing to use the Website you acknowledge that such material is
protected by applicable Australian and International intellectual property and other laws.
- 4.2 You may not reproduce,
copy, distribute, store or in any other fashion re-use material from the Website unless otherwise
indicated on the Website or where We have given Our express written permission to do so.
This Website may contain links to other sites. Unless expressly
stated, these sites are not under the control of Bisnis Asia Pty Ltd or that of our affiliates. We assume no
responsibility for the content of such websites and disclaim liability for any and all forms of loss or
damage arising out of the use of them. The inclusion of a link to another site on this Website does not
imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites
may do so only to the home page of the site www.learn.bisnisasia.com without our prior permission. Deep
linking (i.e. links to specific pages within the site) requires our express written permission. To find
out more please contact us by email at [email protected] or call us in the following number: +61 417 359 177.
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7.1 When using any System on the Website you should do so in accordance with the following
rules. Failure to comply with these rules may result in your Account being suspended or closed:
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7.1.1 You must not use obscene or vulgar language;
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7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This
includes, but is not limited to, Content that is abusive, threatening, harassing,
defamatory, ageist, sexist or racist;
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7.1.3 You must not submit Content that is intended to promote or incite violence;
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7.1.4 It is advised that submissions are made using the English language as we may be
unable to respond to enquiries submitted in any other languages;
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7.1.5 The means by which you identify yourself must not violate these Terms and
Conditions or any applicable laws;
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7.1.6 You must not impersonate other people, particularly employees and
representatives of Bisnis Asia Pty Ltd or our affiliates; and
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7.1.7 You must not use our System for unauthorised mass-communication such as "spam"
or "junk mail".
- 7.2 You acknowledge that Bisnis Asia Pty Ltd reserves
the right to monitor any and all communications made to us or using our System.
- 7.3 You acknowledge that Bisnis Asia Pty Ltd may
retain copies of any and all communications made to us or using our System.
- 7.4 You acknowledge that any information you send
to us through our System may be modified by Us in any way and you hereby waive your moral right to
be identified as the author of such information. Any restrictions you may wish to place upon our use
of such information must be communicated to us in advance and we reserve the right to reject such
terms and associated information.
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8.1 In order to procure Services on this Website and to use certain other parts of the
System, you are required to create an Account which will contain certain personal details and
Payment Information which may vary based upon your use of the Website as we may not require payment
information until you wish to make a purchase. By continuing to use this Website, you represent and
warrant that:
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8.1.1 all information you submit is accurate and truthful;
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8.1.2 you have permission to submit Payment Information where permission may be
required; and
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8.1.3 you will keep this information accurate and up-to-date. Your creation of an
Account is further affirmation of your representation and warranty.
- 8.2 It is recommended that you do not share your
Account details, particularly your username and password. We accept no liability for any losses or
damages incurred as a result of your Account details being shared by you. If you use a shared
computer, it is recommended that you do not save your Account details in your internet browser.
- 8.3 If you have reason to believe that your
Account details have been obtained by another person without consent, you should contact us
immediately to suspend your Account and cancel any unauthorised orders or payments that may be
pending. Please be aware that orders or payments can only be cancelled up until provision of
Services has commenced. In the event that an unauthorised provision commences prior to your
notifying us of the unauthorised nature of the order or payment then you shall be charged for the
period from the commencement of the provision of services until the date you notified us and may be
charged for a billing cycle of one month.
- 8.4 When choosing your username you are required
to adhere to the terms set out above in this Clause 8. Any failure to do so could result in the
suspension and/or deletion of your Account.
- 11.1 Either Bisnis Asia Pty Ltd or you may terminate
your account. If we terminate your account, you will be notified by email and an explanation for the
termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate
without giving reasons.
- 9.2 If we terminate your Account, any current or
pending orders or payments on your Account will be cancelled and provision of Services will not
commence.
- 10.1 Whilst every effort has been made to ensure
that all general descriptions of Services available from Bisnis Asia Pty Ltd correspond to the actual
Services that will be provided to you, we are not responsible for any variations from these
descriptions as the exact nature of the Services may vary depending on your individual requirements
and circumstances. This does not exclude our liability for mistakes due to negligence on our part
and refers only to variations of the correct Services, not different Services altogether.
- 10.2 We neither represent nor warrant that such
Services will be available at all times and cannot necessarily confirm availability until confirming
your Order. Availability indications are not provided on the Website.
- 10.3 All pricing information on the Website is
correct at the time of going online. We reserve the right to change prices and alter or remove any
special offers from time to time and as necessary.
- 10.4 In the event that prices are changed during
the period between an order being placed for Services and us processing that order and taking
payment, then the price that was valid at the time of the order shall be used.
- 10.5 Unless otherwise expressly stated, all amounts stated on this Website are expressed to be exclusive of Goods and Services Tax ("GST"). If GST is payable on a supply made under or in connection with this Website, for which the consideration is not expressly stated to be GST inclusive, the customer must pay to us as additional consideration an amount equal to the amount of GST payable on that supply (the “GST Amount”). The GST Amount is payable at the same time that the other consideration for the supply is provided.
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11.1 No part of this Website constitutes a contractual offer capable of acceptance. Your
order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is
indicated by us sending to you an order confirmation email. Only once we have sent you an order
confirmation email will there be a binding contract between Bisnis Asia Pty Ltd and you.
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11.2 Order confirmations under sub-Clause 11.1 will be sent to you before the Services begin
and shall contain the following information:
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11.2.1 Confirmation of the Services ordered including full details of the main
characteristics of those Services;
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11.2.2 Fully itemised pricing for the Services ordered including, where appropriate,
taxes, delivery and other additional charges;
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11.2.3 Relevant times and dates for the provision of the Services; and
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11.2.4 User credentials and relevant information for accessing those services.
- 11.3 If we, for any reason, do not accept your
order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in
relation to that order will be refunded within 14 calendar days.
- 11.4 Payment for the Services shall be taken via
your chosen payment method, immediately for any setup fee that corresponds to the service plan you
purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during
the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 11.5 We aim to fulfill your order within 2-3
working days or if not, within a reasonable period following your order, unless there are
exceptional circumstances. If we cannot fulfill your order within a reasonable period, we will
inform you at the time you place the order by a note on the relevant web page or by contacting you
directly after you place your order. Time is not of the essence, which means we will
aim to fulfill your order within any agreed timescales but this is not an essential term of contract and we will not be liable to you if we do not do so.
- 11.6 Bisnis Asia Pty Ltd shall use all our reasonable
endeavours to provide the Services with reasonable skill and care, commensurate with best trade
practice.
- 11.7 In the event that Services are provided that
are not in conformity with your order and thus incorrect, you should contact us immediately to
inform us of the mistake. We will ensure that any necessary corrections are made within five (5)
working days.
- 11.8 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your order.
- 11.9 Bisnis Asia Pty Ltd provides technical support via
our online support forum and/or phone. Bisnis Asia Pty Ltd makes any effort possible to respond to support
requests within 60 minutes during normal business hours (9am to 5pm AEST), but we do not guarantee
a particular response time.
We want you to be completely satisfied with the Services you order from Bisnis Asia Pty Ltd. If you need to speak to us about your order, then please
contact customer care on +61 417 359 177, or by email at [email protected] or write to us at our
address (see section 1 above). You may cancel an order that we have accepted or cancel your Account.
Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by
this reference. To view the Privacy Policy, please click on the link above.
- 14.1 All personal information that we may collect
(including, but not limited to, your name and address) will be collected, used and held in
accordance with the provisions of the Privacy Act 1988 (Cth) and your rights under that Act.
- 14.2 We may use your personal information to:
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14.2.1 Provide our Services to you;
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14.2.2 Process your payment for the Services; and
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14.2.3 Inform you of new products and services available from Us. You may request
that we stop sending you this information at any time.
- 14.3 In certain circumstances (if, for example,
you wish to purchase Services on credit), and with your consent, We may pass your personal
information on to credit reference agencies. These agencies are also bound by the Privacy Act 1988 (Cth) and should use and hold your personal information accordingly.
- 14.4 We will not pass on your personal information
to any other third parties without first obtaining your express permission.
- 15.1 We make no warranty or representation that
the Website will meet your requirements, that it will be of satisfactory quality, that it will be
fit for a particular purpose, that it will not infringe the rights of third parties, that it will be
compatible with all systems, that it will be secure and that all information provided will be
accurate. We make no guarantee of any specific results from the use of our Services.
- 15.2 No part of this Website is intended to
constitute advice and the Content of this Website should not be relied upon when making any
decisions or taking any action of any kind.
- 15.3 No part of this Website is intended to
constitute a contractual offer capable of acceptance.
- 15.4 Whilst we use reasonable endeavours to ensure
that the Website is secure and free of errors, viruses and other malware, you are strongly advised
to take responsibility for your own internet security, that of your personal details and your
computers.
We reserve the right to change the Website, its Content or
these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions
from the first time you use the Website following the changes. If we are required to make any changes to
these Terms and Conditions by law, these changes will apply automatically to any orders currently
pending in addition to any orders placed by you in the future.
- 17.1 The Website is provided “as is” and on an “as
available” basis. Bisnis Asia Pty Ltd uses industry best practices to provide a high uptime, including a
fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website will be free of defects and / or faults and we do not provide any kind of refund for
outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy
of information, compatibility and satisfactory quality.
- 17.2 We accept no liability for any disruption or
non-availability of the Website resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure, power failure, natural
events, acts of war or legal restrictions and censorship.
- 18.1 To the maximum extent permitted by law, we
accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including
any indirect, consequential, special or exemplary damages arising from the use of the Website or any
information contained therein. You should be aware that you use the Website and its Content at your
own risk.
- 18.2 Nothing in these Terms and Conditions
excludes or restricts Bisnis Asia Pty Ltd liability for death or personal injury resulting from any
negligence or fraud on the part of Bisnis Asia Pty Ltd.
- 18.3 Nothing in these Terms and Conditions
excludes or restricts Bisnis Asia Pty Ltd liability for any direct or indirect loss or damage arising
out of the incorrect provision of Services or out of reliance on incorrect information included on
the Website.
- 18.4 In the event that any of these terms are
found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from
these Terms and Conditions and shall not affect the validity and enforceability of the remaining
Terms and Conditions. This term shall apply only within jurisdictions where a particular term is
illegal.
In the event that any party to these Terms and Conditions fails
to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right
or remedy.
In the event of any conflict between these Terms and Conditions
and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is
expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights
upon any third party. The agreement created by these Terms and Conditions is between you and Bisnis Asia Pty Ltd.
- 22.1 All notices / communications shall be given
to Us either by registered mail to our Premises (see address above) or by email to [email protected]. Such
notice will be deemed received 5 days after posting, the day of sending
if the email is received in full on a business day and on the next business day if the email is sent
on a weekend or public holiday.
- 22.2 We may from time to time, if you opt to
receive it, send you information about our Services. If you do not wish to receive
such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
These Terms and Conditions and the relationship between you and
Bisnis Asia Pty Ltd shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and
Bisnis Asia Pty Ltd and you agree to submit to the exclusive jurisdiction of the Courts of the State of Victoria.
