Terms of Service

Terms of Service

Last Updated: 1^st July 2022

The Terms of Service (“Terms of Service“), govern your use of the Right Business Now (“RBN“). By using RBN, you must accept and abide by the RBN Terms. If you do not accept the RBN Terms, you are not permitted to use the RBN and you must refrain from using it.

The RBN is owned and operated by Black Belt Pty Ltd (ACN 149 089 574) (“Right Business Now”, “us” or “we”).

If you have any complaints or questions regarding RBN or the RBN Terms then please contact us at info@rightbusinessnow.com.au.

Right Business Now reserves the right to make changes to these RBN Terms which will be effective once they are published on the RBN website. You should revisit this area of the RBN regularly to check the terms and conditions.

1. USE OF RBN BY YOU

You must use RBN at all times in accordance with these RBN Terms.

Notwithstanding anything else in these RBN Terms, we may, in our absolute discretion, refuse you or any other person access to part or all of RBN at any time and for any reason.

RBN is a subscription based product and you have use of the platform for 12 months from the date of subscription.

2. DISCLAIMERS

Right Business Now does not warrant that your use of the RBN will be uninterrupted or error free, nor does Right Business Now warrant that we will review information for accuracy or that we will preserve or maintain information without loss. To the extent permitted by law, Right Business Now shall not be liable for delays, interruptions, service failures or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of Right Business Now.

3. JOINING AS A USER

Small business owners will have joined RBN upon verifying your account, completing the RBN registration and agreeing to these and other relevant terms.

You can participate in the Right Business Now platform only if you are not restricted from doing so by contractual, fiduciary or other obligations. By joining Right Business Now, you are representing that you are not restricted from doing so and that you have obtained all necessary approvals.

5. REGISTERED INFORMATION

When you sign up, you may be requested to provide your name, email address, phone number and information about your company or small business and such other information to enable your registration as a user.

Users of RBN agree that you:

1. are not impersonating any person or entity;
2. are not violating any applicable law regarding use of personal or identification information;
3. are authorised to create an account in the name of the company or organisation or otherwise hold yourself out as having an association with that company or organisation; and
4. will provide, on demand from Right Business Now, verification of your authorisation to use RBN in such form as required by Right Business Now.

6. POSTED CONTENT

6.1 No liability

We do not have, and expressly disclaim, any liability to you in connection with any content, information, text, graphics, images, audio or video, or material created or uploaded to RBN (“Posted Content”). We cannot guarantee, and make no representations in relation to the completeness or accuracy of any Posted Content.

6.2 Content Standards

For all our Posted Content, you warrant and you must ensure that:

1. it is not misleading, deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the services being offered or sought;
2. it does not include any defamatory statements or other illegal material;
3. you own or are licensed to use the intellectual property rights in your Posted Content. This includes copyright in respect of any text you post, as well as the right to use or display any image or logo;
4. it is compliant with all applicable laws and licensing requirements;
5. it does not contain links to any external webRBN, unless we have given our prior written consent.

6.3 Review and Removal of Posted Content

We may remove any Posted Content if we consider, acting reasonably, that you or any other users have breached these RBN Terms or if, in our sole discretion, we believe that maintaining the content presents a risk to Right Business Now’s reputation or business and operations (including the RBN).

Notwithstanding the foregoing, we do not, nor are we under any obligation or duty to you or anyone else to monitor, consider, evaluate, assess, review, screen, censor or remove any Posted Content. We do not have (and expressly disclaim) any liability in connection with:

1. any monitoring, consideration, evaluation, assessment, review, screening, censoring or removal of Posted Content or any failure or refusal on our part to do so; or
2. the deletion, loss, or unauthorised modification of any of your Posted Content.

You are solely responsible for all of your Posted Content and you agree to indemnify us from and against any claims, costs, damage, loss or liability that arise in connection with your Posted Content.

6.4 Use of Posted Content

You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any Posted Content of RBN for any purpose other than for the purpose for which it has been posted.

7. PROHIBITED USES

Notwithstanding anything to the contrary in these RBN Terms, you must not:

1. attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the RBN including any algorithm used by us;
2. take any action that imposes an unreasonable or disproportionately large load on the RBN‘s infrastructure, including spam or other unsolicited mass e-mailing techniques;
3. use the RBN for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
4. use the RBN in any manner that would result in you breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations you may owe to third parties;
5. mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
6. post content which contravenes a confidentiality or non disclosure agreement, insider trading laws, or intellectual property rights which you are not authorised to transfer to another party;
7. conduct any activity which compromises or breaches another party’s patent rights, trademark, copyright or other intellectual property rights;
8. publish advertising material of any kind or market any goods or services directly to other users except as expressly permitted by the RBN;
9. introduce any virus, worm, Trojan horse, malicious code or other program which may damage computers or other computer based equipment to the RBN or to other users;
10. attempt to disrupt or interfere with the delivery of our service or the services of our partners and clients;
11. use the details of other users for anything other than the use expressly permitted by those users;
12. sell, redistribute or use information contained on the RBN for a commercial purpose without our prior written consent;
13. pass on username and/or password information to anyone other than the authorised member/ customer of that account;
14. remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the services or RBN;
15. provide to any persons who are not authorised users of the RBN, any part of the information included in the services or content, except as permitted in these RBN Terms; or
16. distribute or publish any part of the information or content included in RBN on any part of the internet or social media, or other publicly accessible electronic network, or otherwise publish, broadcast or display any such information in public.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and taxation obligations that may apply to your use of the RBN or Right Business Now Services.

8. SUSPENSION AND TERMINATION

Failure to comply with sections 5 (Registered Information), 6 (Posted Content) and/or 7 (Prohibited Uses) in these RBN Terms constitutes a material breach of the RBN Terms, and may result in our taking all or any of the following actions:

1. immediate, temporary or permanent withdrawal of your right to use our Services;
2. immediate, temporary or permanent removal of any posting or material uploaded by you to our RBN;
3. issuing of a warning to you;
4. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

In addition, Right Business Now reserves the right to suspend your profile or cancel your registration, at any time, on Right Business Now forming the view in its absolute discretion that Right Business Now’s brand, operations (including the RBN, any blogs or membership) or business (including its Client’s, partner’s or affiliate’s business) may be adversely affected or harmed as a result of your continued registration as a User. Upon termination you must cease using the RBN.

The responses described in this section are not limited, and we may take any other action we reasonably deem appropriate.

9. USERNAME AND PASSWORD

You must keep your username and password (“Login“) secure, and you must not disclose those details to any other person. You may not transfer your registration to another person. You are solely responsible for the consequences of any use of your Login by third parties, regardless of whether that use is authorised.

If you believe that your Login is being used by someone else, please contact us immediately at andrew@blackbeltconsulting.com.au.

If you have a company registration, you and your employer(s) will be solely responsible for the security of your password. In the case of User, you warrant that any single user account username/login or password is not shared by multiple people. Only your employees approved by Right Business Now who have been issued a Login by us shall be Authorised Users permitted to access the RBN and/or Right Business Now Services. Unless otherwise agreed in writing, your Authorised Users’ Logins may not be used by any affiliates, portfolio companies, or other individuals or groups within your company or any third party. Right Business Now may on 7 days prior written notice, request you certify and provide evidence indicating your compliance with this requirement.

10. INTELLECTUAL PROPERTY

10.1 Our IP

We own or are licensed to use all intellectual property in the RBN, with the exception of links and referenced content. You may not use any of our intellectual property for any purpose other than as may be required to use the RBN for its intended purpose.

10.2 Licence to your Posted Content

In relation to Posted Content and your use of the RBN, you grant to us an unconditional, perpetual, world-wide, irrevocable, fully paid and royalty free licence and right to use, display, copy, modify, adapt, reproduce, commercialise, prepare derivative works, display and publish all such intellectual property and that content forming all or part of the Posted Content, for any purpose.

10.3 Restrictions and indemnity

You may not use or display any trade marks on RBN without first obtaining the consent of the owner of the trade mark. We own the distinctive ‘Right Business Now’ marks, brand and logo.

Nothing on this RBN creates any right on your part (express or implied) that would allow you to use or display a trade mark that you do not own, regardless of whether the trade mark is currently registered.

You indemnify us, and agree to keep us indemnified, from and against any claims by third parties arising from your Posted Content, including any breach of intellectual property rights any third party may bring against us, in relation to your content.

11. PRIVACY

Your registration and use of the RBN is conditional upon you agreeing and complying with our Privacy Policy.  The RBN can only provide the intended services to users by using personal information in the manner contemplated in the Privacy Policy, and we may collect, use and disclose your personal information for the purposes described in it.

If you do not agree to us collecting, using or disclosing your personal information in the manner contemplated by these RBN Terms and our Privacy Policy, you must not use the RBN.

If you intend to post any personal information on the RBN that relates to a third party (including their name, email address or phone number), you must obtain their consent before doing so.

We will solicit your feedback to assist us in making improvements to the functioning of the RBN.  We may also send you emails about our services and opportunities or profiles that may be of interest to you. You may elect not to receive certain types of notifications from us.

If you have any questions or concerns relating to Privacy, please contact us in accordance with the process and procedure set out in the Privacy Policy.

12. LINKS TO OTHER WEBSITES

The RBN may contain links or portals to other websites. We have no control over websites operated by third parties and you agree that we are not responsible for, and will have no liability in connection with, your access to or use of any third party websites.

13. OUR LIABILITY

Except for any express warranties in these RBN Terms, all Right Business Now services are provided “as is”. To the extent permitted by law, Right Business Now excludes all warranties, express or implied, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, or as to the availability, accuracy, completeness, currency or reliability of the information or services, including services of any third party, that are made available via or referred to on the RBN.

To the extent permitted by law, Right Business Now (and its affiliates, officers, employees, agents, representatives and third party service providers) excludes all liabilities (including in contract, for negligence, under statute or otherwise) for any direct loss, indirect or consequential loss, damage, costs or expenses suffered by you or claims made against you in connection with (however caused):

1. your use of the RBN and/or any content on the RBN;
2. any decision made or action taken by you or anyone else in reliance upon any content contained in or omitted from the RBN;
3. any errors in or omissions from the RBN, including but not limited to technical inaccuracies and typographical errors;
4. any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the RBN; or
5. any goods or services identified, supplied, offered or advertised on or through the RBN.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:

1. in the case of products:
2. the replacement of the products or the supply of equivalent products; or
3. the payment of the cost of replacing the products or acquiring equivalent products;
4. in the case of services:
5. the supply of the services again; or
6. the payment of the cost of having the services supplied again.

Important: nothing in these RBN Terms limits in any way Right Business Now’s liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability, including under the Competition and Consumer Act 2010 (Cth), the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.

14. INDEMNITY

To the maximum extent permitted by law, you agree to indemnify and hold Right Business Now and each of its affiliates, officers, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities resulting from your breach of these RBN Terms or relating to your use of the RBN or its use by any person on your behalf. For the purposes of this paragraph “RBN” includes any linked ABNs. Right Business Now holds the benefit of this indemnity and all other rights under this Agreement as trustee for each person named as benefiting from it.

15. GENERAL

15.1 Assignment and Subcontracting

Right Business Now may at any time novate, assign, transfer, mortgage, charge or deal in any other way with these RBN Terms (or part thereof) or grant or confer the benefit of any right arising under these RBN Terms.

15.2 Severability and Waiver

If a particular term of these RBN Terms is not enforceable, it should be modified so as to be enforceable, but regardless will not affect any other terms. Our failure to act upon a breach of these RBN Terms does not mean we waive any rights that we may have.

15.3 Amendment

We may modify these RBN Terms from time to time by posting the modification(s) or updating these terms and conditions on our website Right Business Now. Unless otherwise specified by us when posted, all modifications will be effective upon posting. If you do not agree to any modification(s), your only recourse will be to cease using or accessing RBN. If you continue to access the RBN after any modification becomes effective, then your access will constitute acceptance of such modification.

15.4 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria.