Terms and Conditions

Website Terms of Use

Northern Territory Indigenous Business Network

  1. Application of Terms

    These terms apply to any person or entity accessing our Website.

    This website is owned and operated by NTIBN.

    By accessing and using our Website or paying for our Services, you agree to be bound by these terms.

    By accessing and using our Website or paying for our Services, you agree to be bound by these terms.

    These terms are governed by the laws of the Northern Territory.

    If you do not accept these Terms, you are not authorised to use our Website or our Services.

  2. Meaning of words

    In this Privacy Policy:

    1. “you” refers to:
      1. any individual who uses the Website or using the Services
      2. any entity which uses the Website or using the Services
    2. “NTIBN” , “we”, “us” and “our” refer to Northern Territory Indigenous Business Network and any of its related bodies corporate to which it says that these Terms applies;
    3. “Commencement Date” means the date on which you subscribe to be a Paying Member
    4. “Memberships” means collectively the level of memberships as set out in clause 4;
    5. “Networks” means any network available through the Website including but not limited to the “Member Directory” and “Blak Business Directory”;
    6. “Paying Member” mean any member who pays for the Services;
    7. “related body corporate” has the meaning given in the Corporations Act 2001 (Cth);
    8. “related body corporate” has the meaning given in the Corporations Act 2001 (Cth);
    9. “Services” means the Memberships and services offered through our Website and amended from time to time by us;
    10. “Terms” means these website terms of use;
    11. “Website” means "https://ntibn.com.au/"and
    12. the singular includes the plural and vice versa.

  3. Collection and Use of Personal Information

    You may need to register to use our Website. When you register you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy, available at [Insert hyperlink to privacy policy] and the applicable law.

    When you register your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username

    We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners.

    We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:

    1. how we store and use, and how you may access and correct your personal information;
    2. how you can lodge a complaint regarding the handling of your personal information; and
    3. how we will handle any complaint.

    If you would like any further information about our privacy policies or practices, please contact us.

    By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.

  4. Memberships

    Through our Website, we offer the following levels of membership:

    1. Certified – meaning that your business is certified as being more than 51% owned by Indigenous Peoples. This membership will grant your business a listing in our Networks;
    2. Ally – meaning that your business does not qualify to be Certified but your policies promote practices preferred by Indigneous Peoples. This membership will grant your business a listing in our Networks; and
    3. Subscriber – This membership does not grant you a listing in our Networks but allows you to view and interact with our Networks and members.

    You warrant that all information you provide to us is up to date, true and accurate. If it is found that you have provided any false information for the purpose of:

    1. obtaining a Certified Membership;
    2. falsely maintain a Certified Membership despite not qualifying; or
    3. any other reason,

    Then we may immediately terminate this agreement in accordance with clause 12.

    If your circumstances change so that you no longer qualify for a certain level of Membership, you must immediately notify us. In such circumstances, as determined by us, you may be required to apply for a new membership at a different level. In accordance with clause 6, no amounts will be refundable to you unless we agree otherwise.

  5. Products And Services

    We offer for sale all products and services listed on our Website.

    We reserve the right to amend the range and prices of our products and services at any time.

    All products are subject to availability. We will inform you as soon as possible if the products you have ordered are not available.

  6. Payment Methods

    We accept payment from selected credit cards such as Mastercard and Visa.

    All pricing is in AUD. Prices are subject to change without prior notification.

    If you are a Paying Member, your credit card information will be stored by us in accordance with our privacy policy. On each annual anniversary of your Commencement Date, your credit card will be automatically debited at our then current rates unless you provide at least 7 days’ notice of cancellation prior to the next annual anniversary of your Commencement Date. We will endeavour to notify you of any changes to our rates.

    If your credit card details are ineffective or if payment cannot be completed, we will attempt to notify you and process the transaction a further 4 times over the next 3-week period. If by the end of that 3-week period, if payment is still unsuccessful, we may deactivate your account, remove your details from our Website and terminate this agreement in accordance with clause 12, without further notice to you. You acknowledge and agree that we are not liable for any damages or losses caused pursuant to this clause.

  7. Delivery

    Online Delivery

    Delivery will occur immediately following receipt of payment for online products and services.

    We will not be responsible for delivery delays caused by any network or other failure beyond our control including if your software is incompatible or your network protection system blocks delivery.

  8. Refunds And Returns

    Given the nature of our products and services, we do not offer returns or refunds unless required under Australian consumer law. If your product or service is faulty, not fit for purpose or significantly different to that described on our Website, please contact our customer service team. We do not accept returns or provide refunds for change of mind.

    If you are a Paying Member and choose to cancel your Membership, no refund will be provided for the remainder of the term of your Membership. At your election, you can choose to:
    1. keep your details listed on our Website until such a time as when your Membership would have ordinarily ended had it not been cancelled earlier; or
    2. remove your details from our Website.

    Our services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

  9. Intellectual Property

    Our Website and its content including our products and services, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.

    You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

  10. Disclaimers

    To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you access and use our Website at your own risk.

    We make no representation or warranty that:

    1. the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries; or
    2. that any information on our Website is true or accurate

    You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

    The Website and our services are educational and informational resources only and are not a substitute for any kind of professional or specialist advice. We cannot guarantee the outcome of following any recommendations provided and any statements made regarding the potential outcomes are expressions of opinion only.

    It is imperative that all products are used only in the manner for which they are intended, and that care and common sense are exercised when using the products. To the extent permitted by law, NTIBN does not accept any liability for, and is not responsible for, any damage, loss or injury caused by the use or misuse of our products or services.

    We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our Website or a linked website. You must take your own precautions to ensure that whatever you select from our Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

    Our Website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on third party linked websites and have no control over or rights in third party linked websites.

    From time to time, NTIBN may employ the use of a third-party to investigate and verify yours and any other members details for the purpose of certifying the qualification of your Membership level. You at all times acknowledge, accept and agree that if such a third-party for the purpose of this clause, makes any error or incorrect assessment, that we are not liable for and you indemnify us from any loss or damage caused.

  11. Acceptable Use Policy

    You must not use our Website and Services in any way that we deem to be inappropriate or unlawful, including but not limited to:

    1. for any purpose that is unlawful or prohibited by these Terms;
    2. in any manner that could damage, disable, overburden, or impair our server, or the network(s) connected to our server, or interfere with any other party's use and enjoyment of the Website;
    3. to attempt to gain unauthorised access to any service, other accounts, computer systems or networks connected to our server or services through hacking, password mining or any other means;
    4. to attempt to obtain any materials or information through any means not intentionally made available through our Website;
    5. to impersonate any person or entity;
    6. to submit through any online form or otherwise make available any content that you do not have a right to make available under any law or which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    7. to submit through any online form or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation unless expressly authorised to do so;
    8. any breach of privacy or any infringement upon the legal rights of any other person;
    9. defamation;
    10. uploading any virus, malware or other malicious software;
    11. posting, commenting or otherwise transmitting any unauthorised material including, but not limited to any material that is or is likely to be defamatory, racist, obscene, threatening, pornographic or otherwise deemed by us to be unacceptable; and
    12. sharing your login details with any other person.

    A breach of this clause may cause us to immediately terminate this agreement in accordance with clause 12.

  12. Suspension And Termination

    Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the Website, or any part of it.

  13. Collecting information & cookies

    When you use our website, we may collect personal information about you. Ordinarily, we tell you the purposes for which we collect that information when it is collected.

    As a general rule, we only collect such information which is necessary for us to provide a product or service to you or to maintain our relationship with you.

    The information we collect about you depends on how you use our website and may involve the use of "cookies". Please refer to our Privacy Policy for details on how we may use cookies on our website.

  14. General

    These terms, and any dispute relating to these terms or the Website, are governed by and must be interpreted in accordance with the laws of the Northern Territory. Each party submits to the non-exclusive jurisdiction of the courts of the Northern Territory in relation to any dispute connected with these terms or the Website.

    For us to waive a right under these terms, the waiver must be in writing.

    If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.