Terms and conditions
Pursuant to your current membership of the Mentorship Platform operated by The Mentor Platform Pty Limited ( ABN ABN:19623379555) you are provided a non-exclusive right to use the tools and Materials accessed via the Website specifically in accordance with this EULA and this right will terminate automatically on the termination of this EULA for any reason. You agree not to use any Materials provided to you for anything other than their Authorised Use in accordance with this EULA unless you have a separate written agreement with Benchmarking.com.au setting out alternative licensing terms. Please contact us if you require specific licensing solutions for your business or a project..
Authorised Use: The Website and the Materials therein may only be used via your single authorised access provided to you from the Mentorship Platform for your internal management, reference and informational purposes and provided your data has been entered into the Website and you keep intact all copyright and other proprietary notices (collectively, the “Authorized Use”). Modification of the Materials or use of the Materials for any other purpose is a violation ofBenchmarking.com.au copyright and other proprietary rights. All trademarks, service marks, and trade names are proprietary to Benchmarking.com.au.
Other than as set out above the Authorised Use expressly excludes: (I) redistribution, retransmission, publication, transfer or commercial or other exploitation of the Materials, in whole or in part, including as part of a services bureau, time-sharing, networked environment or other similar arrangement;(ii) making access available to any Material to officers and personnel of other entities other than the authorised entity, or via a membership, subscription or by handing out your access details to any person (iii) uploading, downloading, copying or redistributing the materials in their entirety or lengthy sequence, including, but not limited to, creating an archive of Materials. Upon any termination of the EULA or termination of your right to access any particular content pursuant to the EULA you must destroy, as applicable, all copies of Materials obtained from the Website, or all copies of the content for which access was terminated.
In the event you download software from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Benchmarking.com.au. You cannot use the Software or Materials without a current fully paid membership to the Mentorship Platform.
Benchmarking.com.au does not transfer title to the Software to you. You may not use parts of our data to create internal or commercial benchmarking or valuation software or an on-sell platform.
You own the medium on which the Software is recorded, but Benchmarking.com.au retains full and complete title to the Software, and all intellectual property rights therein. Other than expressly permitted in this EULA you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Access to the Website application and data may be restricted by IP addresses and download volume. If our system detects a potential breach of the EULA, the service may be suspended until any non-compliance with the EULA has been investigated and conformity with our EULA has been established. You will remain at all times in control of your access information and remain responsible for any unauthorised access or other irregularity in respect of your authorised access including those of your users whether currently or previously authorised users.
In order to provide the services, it is necessary for us to collect financial details such as balance sheet and profit and loss information. Some of the information supplied may also be used in aggregated form as part of a statistical sample. By uploading materials to our Website or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology subject to the information not being reproduced in any identifiable form. In addition, you warrant that all “moral rights” in those materials have been waived.
This site is controlled and operated by Benchmarking.com.au from its offices within the State of New South Wales, Australia. Benchmarking.com.au makes no representation that materials on the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These EULA terms are effective until terminated by either party. This license shall be effective whilst you have current Mentorship platform membership till 30 June every year unless terminated as set forth herein. After that time new access will be provided if you are a current member and Mentorship Platform continues provide access to you via its Mentorship platform . You may terminate the EULA at any time by destroying all Materials obtained from any and all Benchmarking.com.au site(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. This EULA will terminate immediately without notice from Benchmarking.com.au if in our sole discretion you fail to comply with any term or provision of this EULA. Upon termination, you must cease using all Materials obtained from this site and any and all other Benchmarking.com.au site(s) and destroy all copies thereof, whether made under these terms or otherwise.
The Materials provided by Benchmarking.com.au are based on statistical analysis of corporate balance sheets and profit and loss information and are provided for general information only. Whilst we make every effort to provide a high quality service the Materials in this Website are provided “as is” and without warranties of any kind either express or implied.
YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF THE MATERIALS TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OR APPLICATION OF YOUR MATERIAL OR ANY CONTENT RETRIEVED THEREFROM, INCLUDING THOSE TO ANY THIRD PARTY, FOR THE CONTENT, ACCURACY, AND REVIEW OF SUCH RESULTS.
To the fullest extent permissible pursuant to applicable law, Benchmarking.com.au disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Benchmarking.com.au does not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. Benchmarking.com.au does not warrant or make any representations regarding the use or the results of the use of the Materials in this site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Nothing in this Agreement is intended to exclude any warranties, conditions, representations or guarantees which cannot be excluded by law (“Non-excludable Guarantees”). If a Non-excludable Guarantee applies in respect of your license, our liability for any breach of a Non-excludable Guarantee is, if permitted by the statute or law, limited, at our option to the replacement or resupply of the goods or services or the repair of the goods or services, or otherwise to any other extent allowed by that statute or law.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Benchmarking.com.au be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if we or a Benchmarking.com.au authorised representative has been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you in the preceding 12 months, if any, for accessing this site.
This EULA is governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State and appellate courts. If any provision of this EULA shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified, except in writing signed by both parties.