Terms & Conditions

The following terms and conditions, as amended from time to time, shall apply to the website service provided by Balancing Australia Pty Ltd (ABN 79 132 749 832)(“BA”) to organisations who promote their business on BA’s website.

Payments

  • All amounts owing to BA (“BA”) must be paid within 14 days of the date of the invoice issued by BA (“Invoice”).
  • For all amounts owing to BA, an organisation’s payment must be paid and verified prior to the organisations content appearing or being changed on the BA website.
  • If any organisation fails to pay any amounts owing to BA within 14 days after the date of the Invoice, BA may withdraw the existing organisation’s content from the BA website.
  • Interest on late payments will be charged at the rate of 10%, per annum calculated daily on the unpaid amounts from the due date for payment to the date of actual payment.
  • Any costs incurred by BA in collecting monies due and payable (including, without limitation, the fee of any mercantile agencies or solicitors appointed by BA) will be recoverable in full from the organisation.
  • BA may recover any payment or amount due under the invoice together with any costs incurred and interest from the organisation as a liquidated debt in a court or tribunal of a competent jurisdiction irrespective of any claim that the organisation may have against BA for any thing or matter related to the services delivered by BA.
  • Payment on the due date is an essential term and failure to comply with payment terms may lead Balancing Australia to refuse to supply services to the organisation (including suspension from BA’s website).
  • Website Content

  • BA has the right to accept or decline an organisation’s subscription onto the website, based on its ability to meet the website criteria established by BA from time to time.
  • BA reserves the right to alter the functionality, appearance, presentation and order of the website and organisations on the website at all times. BA reserves the right to review all submission details prior to publication and make changes to any information, or correct any errors or inaccuracies at any time without notice if, without limitation we reasonably believe it is offensive, inappropriate, misleading, defamatory or incorrect.
  • BA reserves the right to select, reject, remove, condense or edit any information provided by organisations.
  • BA makes every effort to present information free from error. BA accepts no responsibility or liability for any errors and requires that the organisation checks their details listed on the website for errors as soon as they are placed on the website. All reasonable efforts will be taken to correct any identified errors brought to our attention within a reasonable time.
  • Organisations must provide content within the text lengths as specified throughout the subscription forms. BA has the right to reject content and reapproach an organisation to provide information within the text restrictions.
  • Organisations acknowledge and accept that BA is a medium in which job seekers can find organisations offering work life balance options at their workplace.
  • BA accepts all information provided by organisations in good faith, as presented to BA, and is under no obligation to verify the accuracy or correctness of the information provided. BA does not warrant nor guarantee the work life balance initiatives outlined by organisations. BA offers information and it is the responsibility of an individual to verify the information provided by all users of the website.
  • The organisation authorises BA to conduct all relevant checks and searches of the organisation (including as to the information provided by it, and liaison with any employee or contractor providing a testimony on behalf of the organisation) and its financial and business affairs deemed necessary by BA. The organisation will provide all necessary written authorisations for credit checks and searches as requested from time to time by BA. Based on this any investigations carried out by BA, BA has the right to refuse to publish or continue to publish an organisation’s information, at its sole discretion.
  • Organisations must provide accurate information at the time of submission. Should any changes occur throughout the agreement period to the information provided (including for example an employee who provided a testimony is no longer working for the organisation), it is the responsibility of the organisation make the necessary updates within 30 days of the relevant change.
  • Organisations must select the appropriate Industry in which it operates. Should BA deem that selection to be incorrect, we have the right to re-classify the organisation into the correct category.
  • BA will make every effort to publish your organisation’s information in the shortest amount of time. BA accepts no liability for the loss or damage incurred by an organisation as a result of the failure or delay in publishing any organisation’s details.
  • As BA continues to develop its products and services, organisations may be asked to provide additional information. Should you be requested for further details, information must be submitted within 14 days from the original request.
  • Organisations must submit two testimonials from current employees in support of their subscription. Neither of these testimonials can be completed by the key contact signing these Terms and Conditions. The organisation declares that the testimonials submitted have not been modified, added to or deleted and are provided in their original form as submitted by the relevant employee. From the moment that one of the employees who provided a testimonial is no longer an employee of the organisation, you must replace the testimonial by deleting and inviting a new current employee testimonial within 30 days of the testimonial provider ceasing to be an employee.
  • For the avoidance of doubt, BA retains the sole right at any time to remove an organisation from its website without notice (and the organisation shall have no claim regarding the same) if that organisation is in default of these terms and conditions, or if BA is of the reasonable opinion that the organisation no longer satisfies the website criteria established by BA from time to time, or if the organisation is in liquidation (or some other form of external administration or bankruptcy), or if the organisation ceases to carry on business or has a change in ownership or commits any act of dishonesty or fraud.
  • BA will accept the promotion of only one organisation per submission.
  • Agreement

  • The organisation information will remain on the BA website for a period of one year from the date the organisation’s details are first available online (or other period of time as agreed upon by both parties).
  • Towards the conclusion of this agreement, your organisation may have the opportunity to renew your subscription and will need to approach BA regarding the same, but any renewal is subject to approval by BA.
  • The terms and conditions of the renewed subscription agreement may vary from the current terms and conditions. Any alterations to the terms will be made by agreement by all parties.
  • Organisations may not transfer their agreement with BA to another person or body without BA’s prior written consent.
  • Privacy/Marketing

  • BA retains the right to monitor, retain and disclose any information as requested to satisfy any law, regulation, legal process or government request.
  • BA may email you special offers, new products and services and other information that it believes may interest you. Should you not wish to receive such communication, please advise BA and BA will disable this function from your details.
  • Third Party Websites

  • BA offers links to third party websites for your convenience. BA makes no representation, warranties or endorsements regarding the content on any third party sites. If you link to a third party site, you do so at your own risk.
  • Organisations are only permitted to have a maximum of one website link on their BA organisation’s website.
  • Organisations are not permitted to include any third party link in their website entry that is not their organisation’s own official website.
  • Website Maintenance

  • BA will endeavour to provide consistent availability and reliable services via the website. However, BA makes no guarantee that the website will not experience interruptions, errors, viruses or faults from time to time. To the extent permitted by law, BA accepts no responsibility for any loss or damage caused by such interruptions, errors, viruses or faults.
  • In enhancing the products and services offered by BA, BA may require the temporary outage of the website. BA aims to complete such action within the shortest time possible and with minimal disruption.
  • BA will not be liable for any delay or failure to perform its obligations based on circumstances beyond its reasonable control.
  • Organisations are required to ensure that all files and information submitted to BA are free from any virus, infection or other similar fault, and hereby indemnify BA for any loss caused as a result of the same.
  • Intellectual Property

  • BA retains the intellectual property rights for all products and services provided by Balancing Australia.
  • Copyright in the information contained within this web site subsists under the Copyright Act 1968 and, through international treaties, the laws of many other countries. It is owned by BA. All rights reserved. Except as permitted under the Copyright Act 1968 or other applicable laws, no part of this publication may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system) without the specific written consent of BA. Moreover, links may not be copied and used on other web sites if found on this web site without the express permission of BA.
  • Organisations must not breach any intellectual property of any third party.
  • Media

  • Organisations are encouraged to display their seal of approval emblem as provided by BA on everyday company and promotional related material.
  • Organisations must however seek written approval from BA for any news releases, advertising material, promotional material or other forms of publicity that relates to BA.
  • Warranty/Guarantee

  • BA makes no guarantee of the number of visitors to its website, or as to the likely return (if any) or otherwise as a result of display on BA’s website.
  • Laws

  • Organisations warrant that the material provided to BA is accurate, not misleading and also warrants the context in which the organisation operates its business complies with all relevant laws, regulations and legislation, and indemnify BA for any loss caused as a result of any non-compliance.
  • Limitation of Liability

  • All representations or terms (including any condition or warranty expressed or implied by law, statute or otherwise) not expressly included in the terms are hereby expressly excluded. These terms do not restrict or modify any conditions, warranty, guarantee, right or remedy implied by law which, by the terms of the law cannot be excluded, restricted or modified.
  • To the extent permitted by law, BA (and its directors, officers, employees and related associates) will be under no liability whatsoever to the organisation and/or any third party for any indirect, special, consequential or exemplary loss or damage or personal injury suffered by organisation and/or any third party directly or indirectly arising out of the arrangements contemplated by these terms and conditions or otherwise from the relationship between BA and the organisation and any third party, and whether actionable in contract, tort (including negligence), equity or otherwise.
  • In addition, without prejudice to any other limitation, any liability of BA to the organisation is, in relation to the website services provided by BA, limited to the re-supply of those services or the cost of that re-supply.
  • Indemnity

  • To the extent permitted by law, the organisation indemnifies BA (and its directors, officers, employees and related associates) against any loss or claim arising, directly or indirectly, in connection with website services provided by BA or directly or indirectly arising out of the arrangements contemplated by these terms and conditions or otherwise from the relationship between BA and the organisation and any third party. This includes and extends to interest and costs.
  • Cancellation

  • Organisations may cancel their website subscription within 30 days from the signed date of these Terms and Conditions, and if they do so, BA will refund in full any monies paid by the organisation less an amount equal to 5% of any such monies paid which shall be retained and released to BA to cover BA’s administration costs in attending to all matters relating to the organisation and the organisation’s listing on BA’s website.
  • Termination of Website

  • If the organisation fails to keep, perform or observe any express or implied term of the agreement and/or any other agreement with BA, including making any payment, then BA may immediately or at any time without giving any notice to the organisation, suspend or terminate the agreement.
  • BA reserves the sole right to terminate and not continue with its website if it determines that it is uneconomical to continue with the website for any reason. If this occurs, BA will refund to the organisation a pro rata amount of any fees paid to BA that relate to the period after termination.
  • If this agreement is terminated (other than pursuant to provision 48) then any payments made by the organisation up to the date of termination are owned by BA, and the organisation shall have no claim against BA for the return or otherwise of such payments.
  • Governing Law

  • These terms and conditions will be governed by and construed in accordance with the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the Courts of that jurisdiction.
  • If any part or provision of these terms or conditions is held unenforceable or in conflict with the applicable laws or regulations of any jurisdiction, the invalid or unenforceable part or provision will be replaced with a provision which accomplishes, to the extent possible, the original business purpose of the part or provision in a valid and enforceable manner, and the remainder of these terms and conditions will remain binding on the parties.
  • Except as otherwise provided by law, no action or claim may be brought against BA unless proceedings are brought in a Court of competent jurisdiction within one year of accrual of any cause of action.
  • Litigation

  • Before the organisation takes any formal or other action against BA, the organisation must first contact BA and try to resolve their grievance in a bona fide manner with BA with a view to reaching a resolution. The organisation agrees not to take any formal or other action for a period of twenty one (21) days after it initially contacts BA to resolve the grievance.
  • Force Majeure

  • If by reason of any fact, circumstance, matter or thing beyond the reasonable control of BA, BA is unable to perform in whole or in part any obligation in relation to the website, then BA is relieved of that obligation to the extent and for the period that it is so unable to perform and is not liable to the organisation in respect of such inability.
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