TERMS OF SALE
In these Terms of Sale, the following terms have the following meaning:
Additional charges include all delivery, handling and storage charges; goods and services tax; stamp duty; interest; legal and other costs of recovery of unpaid money, and all other government imposts; and all money, other than the purchase price, payable by the customer to Business Chicks arising out of the sale of the goods or the provision of the services.
Business Chicks means Business Chicks Pty Ltd ACN 121 566 934.
Customer means the customer who purchases tickets for a Business Chicks event or
Who purchases goods or services.
Ticket price means the price of tickets for an event run by Business Chicks. Goods means those goods sold by Business Chicks to the customer.
Purchase price means the list price for the goods as charged by Business Chicks at the date of delivery, or such other price as may be agreed by Business Chicks and the customer prior to delivery of the goods.
Services means those services sold by Business Chicks to the customer, including tickets to events.
Cancellation date means the date upon which a cancellation of ticket has occurred, subject to the timeframe it has been cancelled prior to the event. Scroll down for cancellation-date terms.
GST means Goods and Services Tax.
As a part of our quality procedures, it is important that Business Chicks and the customer agree on the terms on which business is to be transacted. These Terms of Sale are current for trading with Business Chicks at the time of issue, however the Terms of Sale may vary from time to time.
All bookings for an event run by Business Chicks must be in writing. A booking is accepted by Business Chicks once written notification is provided to you. An acceptance of a booking by Business Chicks is then to be an acceptance by Business Chicks and the customer of these Terms of Sale to the exclusion of any terms and conditions imposed by Business Chicks until accepted by the customer. No booking is binding on Business Chicks until accepted by it.
Entry to the event will be refused if payment has not been recived prior to the event.
Event tickets are non-refundable and can not be credited towards any other event or product.
A ticket is transferable to another person only by the original ticket holder only for the event that has been booked. A request must be submitted in writing to email@example.com and must include the replacement guest’s name, business name and email address. It will be the responsibility of the original ticket holder to organise the replacement guest and to inform Business Chicks at least 48 hours prior to the event.
Business Chicks reserves the right to refuse entry if the replacement guest arrives at the event without the ticket being transferred by the original ticket holder in writing to firstname.lastname@example.org or updated online prior to the event.
The customer acknowledges that cameras, audio and video recorders may not be permitted at certain events. The customer also acknowledges that Business Chicks films and photographs every event and that the customer consents to Business Chicks using their name, likeness, image and or voice in the event that they are photographed or filmed in any media for an unlimited period without remuneration for the purpose of promoting any service and or products supplied, and or distributed, by Business Chicks.
Ticket prices are subject to change and Business Chicks will inform you accordingly if there is a change in ticket price. The customer must pay the ticket price, plus the booking fee for an event and any applicable GST.
If an event is cancelled or postponed by Business Chicks, the customer may credit the ticket price towards another event, or obtain a full refund of the ticket price. No administration fee will be charged.
Business Chicks reserves the right to approve requests for a manual invoice to be provided for event tickets. Full payment must be received at least 24 hours prior to the event. If full payment is not received prior to this time, the booking will be cancelled. Issuing of a manual invoice incurs a $49 administration charge and any associated credit-card fees.
To submit a request for a manual invoice, please email email@example.com with the name of the event, the location, the number of tickets as well as the invoicing details. If the request is accepted, a manual invoice will then be prepared by our Accounts department and forwarded to the customer from firstname.lastname@example.org for payment due immediately.
An order given to Business Chicks is binding on Business Chicks and the customer if a written acceptance is signed for or on behalf of Business Chicks; or the goods or services are supplied by Business Chicks in accordance with the order. An acceptance of the order by Business Chicks is then to be an acceptance of these Terms of Sale by Business Chicks and the customer and these Terms of Sale will override any conditions contained in the customer’s order. No order is binding on Business Chicks until accepted by it.
An order that has been accepted in whole or in part by Business Chicks cannot be cancelled by the customer without obtaining the prior written approval of Business Chicks, which it may refuse at its absolute discretion.
The times quoted for delivery are estimates only and Business Chicks accepts no liability for failure or delay in delivery of goods. The customer is not relieved of any obligation to accept or pay for goods by reason of any delay in delivery. Goods may be delivered by installments at the discretion of Business Chicks.
Risk in accepting the goods passes on delivery to the customer. All additional charges are payable by the customer in addition to the purchase price of the goods.
Return of goods will not be accepted by Business Chicks except by prior agreement in writing with Business Chicks.
The customer must pay the purchase price and the additional charges to Business Chicks. If the customer is in default, Business Chicks may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
GST will be shown separately in the tax invoice for the sale of the goods. The amount of GST payable in respect of the supply of the goods is payable by the customer. The customer must indemnify Business Chicks in respect of GST paid and payable by Business Chicks for the supply of the goods.
LIMITATION OF LIABILITY
Certain laws imply terms, conditions and warranties (prescribed terms) into contracts for the supply of goods and services and prohibit the exclusion, restriction or modification of such term, conditions and warranties. The liability of Business Chicks in respect of a breach of a prescribed term or any warranty made under these terms of sale is limited, to the extent permissible by law and at the option of Business Chicks to:
• In the case of services, the supply of the services again; or the payment of the cost of having the services supplied again; and
• In the case of goods, the replacement of goods or the supply of equivalent goods; the repair of goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
Unless the terms and warranties are included in these Terms of Sale, all prior discussions, quotations, warranties and Prescribed Terms, to the extent permitted by law, are excluded and Business Chicks will not be liable for any loss or damage or for consequential loss or damage of any kind arising out of the supply or failure to supply of goods or services or arising out of Business Chicks’ negligence or in any way whatsoever.
These Terms of Sale are to be construed in accordance with the laws from time to time in the state of New South Wales, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
These standard Terms of Sale contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
Any conditions found to be void, unenforceable or illegal may, to that extent, be severed from the agreement.
No waiver of any of these Terms of Sale or failure to exercise a right or remedy by Business Chicks will be considered to imply or constitute a further waiver by Business Chicks of the same or any other term, condition, right or remedy.
Terms of Sale last updated on 13 July 2016
Personal information and sensitive information
Personal information is defined in the Privacy Act as: Information or an opinion about an identified individual, or an individual who is reasonably identifiable:
a) whether the information or opinion is true or not; and
b) whether the information or opinion is recorded in a material form or not.
‘Sensitive Information’ includes things such as race, sexual orientation, political opinions, members of a trade association or trade union, criminal record or health information.
Information we request from you
When you sign up to become a Business Chicks member via our website, which is located at www.businesschicks.com.au (the Website), we will usually only ask for the following information:
• first name; surname; year of birth;
• country of birth;
• residential or professional address;
• telephone number;
• email address;
• details of any professional affiliations you may have; and
• details relating to employment or professional positions held.
We may ask you to nominate a User Name, a Display Name and a Password. We will not collect Personal Information (other than Sensitive Information) unless the information is reasonably necessary to establish an account for you and provide our services to you.
From time to time, we may ask you to supply additional Personal Information for specific purposes. In such cases, we will clearly explain why we request that information and unless we are required or authorised by law to request that information from you, providing such information to us is optional. Under no circumstances will we request any information from you that may disclose your:
• political, religious or philosophical beliefs or affiliations;
• health and sexuality;
• racial or ethnic origin; or
• criminal convictions.
We may conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you. Participation in such activities is optional. We generally will only collect Personal Information about you if you voluntarily submit it to us by:
• providing your information by form, telephone or facsimile;
• creating an account with us;
• sending us an email;
• sending us information via the ‘Contact Us’ page on our Website; and/or
• sending us Personal Information when using any part of our Website.
We will not collect Personal Information about you from third parties unless:
• you consent to the collection of the information from someone else; or
• it is unreasonable or impracticable to collect the information from you.
If we collect personal information from a third party, we will inform you that personal information has been collected and the circumstances of such collection.
Personal information via the website
Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive.
Cookies make using the Website easier by storing information about matters such as your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not be used to identify you personally. If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the Website.
Your option not to provide your personal information
We may from time to time run competitions or offer additional benefits to you and we may ask you to provide us with your personal details for these purposes. Providing us with this information is optional to you. However, if you do not provide your personal information to us we may not be able to contact you or give you access to the additional benefits.
You may opt out of these additional communications at any time and can do so by emailing us at email@example.com.
You have the option to interact anonymously or using a pseudonym with our website. However, if you choose to remain anonymous or use a pseudonym, your experience with our website may be diminished and we may not be able to offer you our full range of services.
Unsolicited personal information
Where we receive unsolicited personal information about you, we will check whether that information is reasonably necessary for our functions or activities. If it is, we will handle this information the same way we do with other information we seek from you. If not, we will destroy or de-identify it.
Use and disclosure of your personal information
Your personal information, including your email address, will be used, either on its own or as part of aggregated data, for the following primary purposes:
• providing you with news and information about our services and functions;
• purposes necessary or incidental to the provision of our services and functions;
• to ensure the proper functioning of our Website including customising and improving your online experience with us;
• to ensure the proper functioning of the Business Chicks business;
• personalising your experience with our products and services, for example through connectivity with social media services;
• to assist Business Chicks with our marketing, planning, product development and research requirements;
• sending you marketing and promotional material that we believe you may be interested in.
We will not use or disclose (or permit the use or disclosure of) personal information that could be used to identify an individual member in any circumstances except:
• to ensure the proper functioning of our business and the Website;
• to communicate promotional offers and special events to you;
• where applicable law requires, or authorises, us or a company holding data on our behalf to do so; or
• where you have given express consent to us for a prescribed purpose. Only with your express consent will we use or disclose Personal Information (including Sensitive Information) about you for the purposes of direct marketing.
You can ask us not to do this at any time by contacting our Privacy Officer at firstname.lastname@example.org.
If we are compelled to disclose your Personal Information to a third party, we will take reasonable steps to notify you of this in advance, wherever it is lawful and reasonable for us to do so. We will not sell your personal information.
Security of personal information
In our business, personal information may be stored both electronically and in hardcopy form. We are committed to keeping your personal information secure regardless of the format in which we hold it and we take all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, your use of the Website is at your own risk and we accept no responsibility, whether we are deemed to have been negligent or not, in the event of a breach of your privacy.
Note that no information transmitted over the internet can be guaranteed to be completely secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.
The protective steps we take from misuse, interference, loss, unauthorised access, modification and disclosure of your personal information include:
• confidentiality requirements of our employees;
• document storage security policies;
• security measures for access to our systems; and
• only providing access to personal information to a person who is verified to be able to receive that information.
Accuracy and quality of personal information
We will take all such steps as are reasonable in the circumstances to ensure that all information requested from you is kept accurate, up to date and complete. However, we cannot undertake to ensure that such data, even where it includes personal information, is kept accurate, up to date and complete. Please notify us if you believe we hold information that is outdated, inaccurate, misleading, irrelevant or incomplete so that it can be corrected. We will not charge you for a correction.
Access to your personal information
In most cases, you have the right to access the personal information that we hold about you. If you wish to access your personal information, please contact our Privacy Officer at email@example.com.
We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given.
We may charge you a fee to recover our reasonable costs incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access. In some cases, we will refuse to give you access to personal information we hold about you. This includes, but is not limited to, circumstances where giving you access would be unlawful; have an unreasonable impact on other people’s privacy; prejudice an investigation of unlawful activity; reveal our intentions in relation to negotiations with you so as to prejudice those negotiations; prejudice enforcement related activities conducted by, or on behalf of, an enforcement body; reveal evaluative information generated within the Business Chicks organisation in connection with a commercially sensitive decision-making process.
We will also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. Further, we will refuse access where your request is frivolous or vexatious, and where we reasonably believe that: giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; unlawful activity, or misconduct of a serious nature, is being or may be engaged in against Business Chicks and giving access would be likely to prejudice the taking of appropriate action in relation to that matter.
If we refuse to give you access we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of our refusal. Further, we will provide details of how you may make a complaint about our decision.
Correction of your personal information
The accuracy of the personal information we have requested from you is important to us. Should you suspect, or become aware of, that Personal Information we hold as a result of having requested it from you is inaccurate, out of date, incomplete or misleading, please contact our Privacy Officer at firstname.lastname@example.org.
We will deal with all requests for correction of personal information as quickly as possible. Requests relating to a large amount of information, or information which is not currently in use, may require further time before a response can be given. If we refuse to change the personal information as you request, we will provide you with reasons for our refusal, unless doing to would be unreasonable in the circumstances. We will also provide details of how you may make a complaint about our decision. Further, in case of our refusal, you may request that we take reasonable steps to associate, with the relevant information, a statement that you view it as inaccurate, out of date, incomplete or misleading. In the case we have corrected personal information about you, you may request that we take reasonable steps to give notice of the correction to any third party to which we have disclosed the inaccurate, out of date, incomplete or misleading personal information.
Cross-border disclosure of personal information
To provide you with the best service possible, we may use ‘cloud’ based technology services to hold your data, including your Personal Information. As a consequence, your data, including your Personal Information (and if you have provided such information, your sensitive Personal Information) may be held in the data centres used by a provider of such ‘cloud’ based technology services.
It is important to note that, by becoming a Business Chicks member or by using the Website, you consent to your data, including your Personal Information (and where applicable, your sensitive personal information) being transferred to data centres located outside of Australia. Your decision to become a Business Chicks member or to use the website also signals your consent to this technical arrangement under which Business Chicks does not exercise any direct control over the management of your data in those data centres.
Disposal of personal information no longer required
If we hold personal information about you, and we no longer need that information for any purpose for which the information may be used or disclosed, we will take reasonable steps to destroy or de-identify that information unless we are prevented from doing so by law.
Unsubscribing from our email database
To unsubscribe from our email database, please do so via any link or function contained in an email, via the Website or send an e-mail to email@example.com with “UNSUBSCRIBE” typed into the subject line of the email. Note that, while you maintain a Business Chicks membership, you are unable to unsubscribe from certain types of e-mails, such as important updates (including information about your account, security concerns and technical issues).
For further information about privacy in general, please refer to the Office of the Australian Information Commissioner’s website: http://www.oaic.gov.au.
MEMBERSHIP TERMS AND CONDITIONS
Membership is not transferable to another person or company.
All applications for membership must be in writing or made via the Business Chicks website located at www.businesschicks.com.au (our website).
Premium members are charged a membership fee per year as outlined on our website.
Membership fee is not refundable and non-transferable for ‘change of mind’ purchases.
Membership may be cancelled by selecting the ‘opt out’ box displayed on our website within 30 days of your 12-month membership expiring.
Membership Auto Renewal
Membership will be automatically renewed upon expiry of each 12-month period and payment will be charged to the same credit card as previously used unless you specify otherwise on our website when prompted. To turn off auto renewal, please edit your preference in My Account Settings
You will be reminded about your membership auto renewal twice via email prior to the renewal date as follows:
- 30 days prior to auto renewal, an auto-generated reminder email will be emailed to the email address supplied by the member advising the membership auto-renewal and providing an option to opt out, and;
- 4 days prior to auto renewal, an auto-generated email will be emailed to the email address supplied by the member again advising the membership auto-renewal and providing an option to opt out.
Unless you opt out to not renew prior to the auto-renewal date, the membership will be renewed and the credit card originally supplied will be charged. Business Chicks will not be responsible for ‘change of mind’ once the membership has renewed and cannot issue a refund.
Membership Manual Renewal Notice
Members who have selected to manually renew their membership will be reminded to do so prior to the 12-month expiry date via email.
You will be reminded about your membership renewal twice via email prior to the renewal date as follows:
- 30 days prior to membership expiry, an auto-generated reminder email will be emailed to the email address supplied by the member advising the membership is now due for renewal and instructions on how to renew and;
- 4 days prior to membership expiry, an auto-generated email will be emailed to the email address supplied by the member again advising the membership is now due for renewal and instructions on how to renew.
Business Chicks will not be responsible for ‘change of mind’ once the membership has renewed and cannot issue a refund.
Business Chicks may offer a refund for special circumstances; however, this will be on a case-by-case basis between the parties and only upon receiving written advice from a member which will be reviewed and formally responded to. Written advice must be sent to to Lauren Thomas, Membership Experience Executive, Business Chicks Pty Ltd, Mezzanine, 75 King Street, Sydney NSW 2000, or via email: firstname.lastname@example.org.
Members must promptly notify Business Chicks of any changes in personal information provided, including any changes in home or billing address, email address, telephone numbers and name or place of employment.
By becoming a Premium member of Business Chicks, you consent to be featured on our Website via your member profile and the rotating ‘Meet Our Members’ section.
You must ensure that all details that you provide to us are accurate and true and that you will not impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity in your application or your capacity as a member.
By becoming a Premium member, you consent to receiving commercial electronic communications from us (and our approved third party providers), which you may opt-out at any time by editing preferences in your online member profile or notifying us directly.
Business Chicks does not take any responsibility for disputes between members and does not accept any liability whatsoever in relation to such disputes.
Members also acknowledge that Business Chicks films and photographs every event and that the Member consents to Business Chicks using their name, likeness, image and or voice in the event that they are photographed or filmed in any media for an unlimited period without remuneration for the purpose of promoting any service and or products supplied and or distributed by Business Chicks.
Any purchase of goods or services from us will be governed by the Business Chicks Terms of Sale.
Membership Terms and Conditions last updated on 30 September 2014.