Terms of Service

Subject to the terms and conditions of this Agreement, the provision of the Services constitutes ausbiz plus' only obligation to you. ausbiz plus will provide the Services in accordance with its obligations under laws and government regulations applicable to ausbiz plus' provision of the Services to its subscribers generally, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data, without regard to your particular use of the Services and subject to your use of the Services in accordance with this Agreement.

You agree that ausbiz plus may modify the Services at any time and discontinue the Services (or part thereof) at any time. ausbiz plus may also restrict your use of some or all Services. If you have pre-paid for any Services which are modified or discontinued then you should contact ausbiz plus to discuss whether you are entitled to a partial refund.

You acknowledge and agree that:

You are required to create an online account on the Platform (Account) in order to use some or all of the Services.

When you create an Account with ausbiz plus you agree:

You must ensure that you maintain and keep all information you provide to us (as part of your Account) up to date and accurate at all times.

During the registration process, you may be asked to select a password for your Account. You agree to keep your password confidential at all times and must not disclose it to any third parties. You agree to be fully responsible for activities that relate to your account or your password.

If you have reason to believe that your password has been obtained by someone else without your consent, you must inform us immediately to disable your Account. If a third party accesses your Account because your credentials are compromised, we are not liable to you in any way. If you become aware of your credentials being compromised, you must advise us immediately.

We reserve the right to suspend or terminate your Account with us in the event of your credentials being compromised.

In consideration for the payment of Subscription Fees, ausbiz plus grants to you a non-exclusive, non-transferable, revocable licence (Licence) to access the Platform and use the Services.

Notwithstanding clause 3.1, ausbiz plus may refuse to grant a Licence to any person, for any reason whatsoever in its sole discretion.

A Subscriber may not sublicense, deliver, transfer or assign the Licence to any other person except with the written permission of ausbiz plus. Each Subscriber may be required to set up a separate Account with their own separate username and password and are, as far as they can apply, subject to the obligations in clauses 2.2, 2.3, 2.4 and 2.5 of this Agreement.

To the extent use of a Service requires you to install ausbiz plus software (Software), ausbiz plus grants you a limited, non-transferable, non-sublicensable, non-exclusive licence during the Subscription Term to use the object code form of the Software internally in connection with your use of the Service, subject to the terms and conditions of this Agreement.

We offer access to the Platform on a tiered membership basis. The features, monthly subscription fees, Included Allowance, usage settings and any granted VIP session entitlements for each tier will be described on our Site or order page at the time of purchase.

Each Membership tier includes the features, Included Allowance, usage settings and pricing stated on the Platform.

The Platform operates on a single-currency model. All feature consumption, including analytical conversations, Deep Research runs and other paid functionality, is denominated in Credits at the rates published on the Platform from time to time.

We may offer content surfaces, reports, reads, live market content, Deep Research functionality, VIP expert sessions and other features that vary by Membership tier.

Certain features may be subject to additional eligibility criteria, fair use settings, weekly caps, event terms, technical requirements or supplementary terms notified on the Platform or at the time of purchase.

Each Membership may only be used by the Subscriber or, if the Subscriber is an entity, its single nominated authorised user. The Subscriber must not share login credentials or permit any other person to access or use the Account or Services under that Subscription. Any such access or use is unauthorised and a material breach of these Terms, and in such circumstances ausbiz plus may suspend or terminate the Account.

We may change the Membership and the price of the Service from time to time. We will notify you at least fourteen (14) days before any price changes or changes to your Membership become effective. If you do not wish to accept the price change or change to your Membership, you can cancel your Subscription before the change takes effect.

Each Membership includes an Included Allowance of Credits for use during the applicable Billing Cycle which expires at the end of each Billing Cycle and any unused Included Allowance does not roll over into future months, unless we expressly state otherwise.

If your Subscription is terminated, your unused Included Allowance will expire immediately. There will be no refund or payment for any unused Included Allowance.

In addition to the Included Allowance, you may purchase additional Purchased Credits through top-up products we make available on the Site from time to time.

Purchased Credits are fungible and may be used on any eligible Platform feature, including analytical conversations, Deep Research and VIP sessions, in any combination permitted by the Platform.

Purchased Credits carry forward from month to month while your Subscription remains active, regardless of your Membership tier.

Credits are consumed in whole units only. Partial Credit charges do not apply.

Purchased Credits are consumed only after your Included Allowance has been exhausted and the earliest Purchased Credits are consumed first.

Subject to applicable law, Purchased Credits are not refundable, redeemable for cash or transferable to another person or Account.

If your Subscription is cancelled or terminated, any unused Purchased Credits will be retained only for the remainder of the Billing Cycle, and on any conditions, stated on our Site or notified to you at the time of cancellation. If no such period is stated, unused Purchased Credits will lapse on the effective date of cancellation or termination, subject to any non-excludable rights you may have under law.

ausbiz plus may offer access to expert-led sessions, including expert rooms, premium seminars and marquee events (VIP Sessions).

Access to VIP Sessions may arise through either:

Access to VIP Sessions that is granted through the Subscriber's Included Allowance:

If a VIP Session is oversubscribed, we may apply fair allocation, waitlist or similar attendance management processes.

Purchased VIP Passes are available to eligible Subscribers at the published face value and guarantee one entry to the named session type, subject only to the Subscriber complying with any booking, timing or attendance requirements notified at the time of purchase or booking.

Unless expressly stated otherwise, granted monthly session entitlements through Included Allowance are consumed before any purchased VIP Pass or Purchased Credits are applied.

We may at our sole discretion offer you free trials for selected features of the Services or access to parts or all of the Platform. Once your free trial period ends, your ability to access the Platform and use the Services will terminate if you do not have a continuing Membership. ausbiz plus reserves the right to determine if you are eligible for a free trial and to discontinue any free trial without notice in ausbiz plus' sole discretion. On termination, access to the Platform (including access to any Subscriber Data) and use of the Services will immediately cease.

A Subscriber may access the Platform and use the Services during the Evaluation Subscription, but only for its own benefit on an evaluation basis to determine whether to purchase an ongoing subscription to the Service and in accordance with the terms and conditions of this Agreement.

ausbiz plus may make available to Subscribers certain products, features, services, software, regions or cloud Creators that are not yet generally available, including such products, features, services, software, regions or cloud Creators that are labelled as "private preview," "public preview," "pre-release", "alpha" or "beta" (collectively, Previews). You may access and use Previews solely for your internal evaluation purposes and in accordance with the terms and conditions that accompany such Previews.

All Subscription Fees are set out on the Site or notified to you when you create an Account. In relation to your Subscription, you will pay the Subscription Fees to us in the time and manner we specify from time to time commencing in the manner we specify when you create an Account.

Unless otherwise stated, your Subscription will automatically renew at the end of each Billing Cycle and you authorise us to charge the applicable Subscription Fees using your nominated payment method.

All amounts payable to us under this Agreement are provided by such merchant facility as we use from time to time (such as Stripe and PayPal) (Payment Processor) and are subject to the Payment Processor terms of service. By agreeing to these Terms, you agree to be bound by their terms of service, as the same may be modified by the Payment Processor from time to time.

As a condition of us enabling payment processing services through the Payment Processor, you agree to provide us with accurate and complete information about you, and you authorise us to share such information with the Payment Processor together with transaction information related to your use of the payment processing services provided by the Payment Processor.

Unless expressly specified to the contrary, all amounts payable under this Agreement (consideration) by you to us have been expressed to be exclusive of Taxes. You will, at the same time as paying the consideration to us, pay an additional amount on account of such Taxes, so that after deduction of such Taxes, we receive no less than the amount of the consideration.

Other than as expressly provided for in this Agreement, Subscription Fees are non-refundable.

Fees do not include Taxes. You are responsible for paying all Taxes.

Failure to pay any monies due to ausbiz plus within seven days of the due date for payment will constitute a breach of an essential term of this Agreement and, without limiting any remedies available to ausbiz plus, ausbiz plus may suspend performance of or access to the Service and charge interest at the lesser of the rate of one and one half percent (1.5%) per month or part thereof and the maximum rate permitted by applicable law. You will reimburse us for all costs we incur in collecting overdue fees.

This Agreement commences at the earlier of:

Each Subscription continues for successive monthly Billing Cycles unless and until terminated in accordance with these Terms. If you upgrade or downgrade to a different Membership, all such Memberships will be governed by this Agreement and will continue indefinitely until terminated.

You may terminate this Agreement at any time, and for any reason, upon the provision of written notice to ausbiz plus, or by cancelling your Account, at which time access to the Platform and use of the Services will immediately cease.

ausbiz plus may terminate this Agreement at any time, and for any reason, by:

ausbiz plus may suspend your use of the Platform and the Services, or any part thereof, at any time, and for any reason. ausbiz plus will however provide you with written notice (which may include notice provided via the Platform) if it suspends your use of the Platform or Services (or part thereof) and will advise you subsequently if and when such suspension is lifted.

If ausbiz plus suspends or terminates this Agreement under clauses 9.4 or 9.5 and if you have paid Subscription Fees for a Subscription Licence as at the date of termination or suspension, then ausbiz plus may retain your Subscription Fees not expended on accessing the Platform and use of our Services as a genuine pre-estimate of the likely loss, damage, costs and expense which ausbiz plus will suffer in these circumstances, and it is agreed that this is reasonable and does not constitute a penalty.

Apart from where required by law, and without limiting ausbiz plus' rights, ausbiz plus may refuse to provide a refund under paragraph (a) where the reason for the termination or suspension is due to:

Either party may terminate this Agreement immediately (or with effect from any later date that it may nominate) by written notice to the other party if:

Upon the termination of this Agreement by you or by ausbiz plus in accordance with this clause:

ausbiz plus will notify you of the termination.

All content and information on the Platform (other than Subscriber Data and Third Party Data), including, but not limited to, Feedback, messages, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material, as well as the infrastructure used to provide such content and information, is owned by ausbiz plus or its third party licensors and forms part of ausbiz plus Data.

ausbiz plus either owns all right, title and interest (including all Intellectual Property Rights) in and to ausbiz plus Data or has a right to, by way of licence or other agreement, to ausbiz plus Data.

You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, code, products, or Services obtained from or through the Platform. Additionally, you agree not to:

You own all Intellectual Property Rights in your Subscriber Data you upload, submit or publish to the Platform.

In consideration of ausbiz plus granting you access to the Platform and use of the Services, you expressly grant an irrevocable, continuing royalty-free, sub-licensable, assignable licence to ausbiz plus and its affiliates to use, reproduce, modify, adapt, publish, translate and create derivative works from your Subscriber Data, in each case only for the sole purpose of delivering the Services or as may be required by law.

You represent and warrant on an ongoing basis that your Subscriber Data does not infringe the rights of any other person or body and complies with all applicable laws, regulations, codes and standards, including without limitation your obligations under the Privacy Act and any other laws or regulations governing personal information.

You are solely responsible for the accuracy, content and legality of all Subscriber Data.

To the extent that you have any moral rights (as that term is defined in the Copyright Act 1968 (Cth)) in your Subscriber Data that you upload onto the Platform, then you consent to infringement of any such moral rights and, to the extent permitted by law, waive any moral rights.

You agree that you will not post, upload to, transmit, distribute, store, create or otherwise publish on the Platform, and you will ensure that your Subscriber Data and any other information or materials do not contain, any of the following (Infringing Content):

To the maximum extent permitted by law, ausbiz plus will have no responsibility or liability for your Subscriber Data or Infringing Content posted, indexed, stored or uploaded on the Platform, or for any loss or damage suffered by you or any other person as a result of the Platform storing, holding, or making available, your Subscriber Data or Infringing Content to other members of the public.

ausbiz plus is under no obligation to review your Subscriber Data to determine its accuracy, truthfulness, right to use by you or third party rights.

You agree that you shall not do any of the following unless (i) permitted by the terms of your Subscription Licence or (ii) with the prior written consent of the relevant Third Party, either solely or jointly with or on behalf of any third party directly or indirectly:

ausbiz plus may make Third Party Data available to you. You acknowledge that Third Party Data is example data only, which may not be complete, current, or accurate. You will not (and will not permit any third party to) copy or export any Third Party Data and you agree that ausbiz plus may delete or require you to cease using Third Party Data at any time.

You agree that ausbiz plus or its suppliers retain all right, title and interest (including all Intellectual Property Rights) in and to the Platform and Services, all documentation and Software and any and all related and underlying technology and documentation and any derivative works, modifications, or improvements of any of the foregoing, including any Feedback that may be incorporated into ausbiz plus Data (collectively, ausbiz plus Technology).

Except for the express limited rights set forth in this Agreement, no right, title or interest in any ausbiz plus Technology is granted to you. Further, you acknowledge that the Services are offered as an online, hosted solution, and that you have no right to obtain a copy of the underlying computer code for the Platform or any Services, except (if applicable) for the Software in object code format.

Notwithstanding anything to the contrary in this Agreement, ausbiz plus may freely use and incorporate your Feedback into ausbiz plus' products and services.

Notwithstanding anything to the contrary in this Agreement, ausbiz plus may collect and use Usage Data to develop, improve, support, and operate its products and services.

ausbiz plus may use and display the Subscriber's name, logo, trademarks, and service marks on ausbiz plus' website and in ausbiz plus' marketing materials in connection with identifying Subscribers as customers of ausbiz plus. Upon your written request, ausbiz plus will promptly remove any such marks from ausbiz plus' website and, to the extent commercially feasible, ausbiz plus' marketing materials.

ausbiz plus will keep confidential all Confidential Information and information provided by you or on your behalf which you designate in writing as confidential (other than Usage Data) and will only use or disclose such confidential information: (a) for the purpose of providing or procuring Services under this Agreement; (b) with your consent; (c) in anonymised and aggregated form; or (d) as may otherwise be required or permitted by law.

You must keep all of our content and processes that form the Platform confidential.

Both you and ausbiz plus agree to comply with all applicable privacy laws in dealing with any personal information or other identifying information provided by a Subscriber or a third party about a Subscriber (Personal Information). Both you and ausbiz plus must at all times collect, use, hold, destroy, and disclose Personal Information in accordance with each party's respective privacy policy and applicable law.

By using the Platform or the Services, you agree to the terms of the ausbiz plus Privacy Policy. A copy of our privacy policy may be viewed on our website.

We will use reasonable efforts to maintain Platform availability, but we do not guarantee uninterrupted or error-free access.

We may perform maintenance, updates, upgrades or emergency work that affects availability.

If you require support in relation to your use of the Platform, or any of our Services, please contact our support team at support@ausbizplus.com.au.

From time to time, Third Parties may make Third Party Data available on the Platform which you may, at your option and in your discretion, elect to access and use.

If you elect to access and use Third Party Data through the Platform, you will be notified of the respective Third Party Terms. Continuing to access and use the Third Party Data will evidence acceptance of the Third Party Terms.

You agree that should you elect to agree to such Third Party Terms and use any Third Party Data, you may incur obligations to the Third Party in relation to your Subscriber Data.

You agree to be bound by and observe all terms and conditions of any Third Party Terms and acknowledge that any breach of a Third Party Term will entitle ausbiz plus to terminate the Licence and exercise its rights under clause 9.

You indemnify and keep indemnified, ausbiz plus, its agents, employees and officers against all loss, cost, expense or damage which ausbiz plus, its agents, employees or officers suffer or incur, as a direct or indirect result of:

Any amount payable by you under the foregoing indemnity will be reduced to the extent that ausbiz plus caused or contributed to the relevant act or event giving rise to the indemnity.

You acknowledge and agree that ausbiz plus has made no warranties that the Services will be error-free.

Except as expressly set out in this Agreement, each Service, Data and the Platform and any technical services or support are provided on an "AS IS WHERE IS" basis and ausbiz plus makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose, or non-infringement. ausbiz plus does not warrant that the use of any Service or the Platform will be uninterrupted or error-free, nor does ausbiz plus warrant that it will review Subscriber Data for accuracy.

You agree that ausbiz plus will not be liable or responsible for any failure in, or delay to, the provision of the Services or in ausbiz plus complying with its obligations under this Agreement where such failure or delay has arisen as a direct or indirect result of:

In the event any terms, conditions, representations or warranties are implied by statute, common law or equity into this Agreement which cannot be lawfully excluded (Prescribed Terms), such Prescribed Terms will apply, save that ausbiz plus' liability for breach of any such Prescribed Terms will be limited, to the extent permitted by law, at ausbiz plus' option, to the cost of supplying the services again or payment of the cost of having the services supplied again.

If ausbiz plus' liability for breach of any Prescribed Terms are capable of exclusion, they are hereby excluded to the fullest extent permitted by law.

To the extent permitted by law, and subject to clause 20.3, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under this Agreement.

To the extent permitted by law, ausbiz plus' liability to you arising directly or indirectly under or in connection with this Agreement or otherwise in connection with or in any way relating to the Platform or any of the Services, and whether arising under any indemnity, statute, in tort (for negligence or otherwise) or on any other basis in law or equity, is limited as follows:

ausbiz plus reserves the right to revise and amend this Agreement in its discretion, as follows:

Your continued use of the Platform after an amendment will mean that you agree to that amendment. You must stop accessing the Platform and cease using the Services if you do not agree to an amendment.

In this agreement, unless the context requires otherwise:

In the interpretation of this Agreement unless the context otherwise requires:

Any notice given under this Agreement must be in writing and must be signed by the party giving the notice, or alternatively must be given via functionality contained in the Platform. Unless a later time is specified in a notice, the notice takes effect from the time it is received. A notice is taken to be received:

Neither party is the partner, agent, employee or representative of any other party and neither party has the power to incur any obligations on behalf of any other party.

There are no other representations, promises, warranties, covenants or undertakings between the parties and this Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.

A provision of or a right created under this Agreement may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under this Agreement will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement.

If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the extent that the invalid or unenforceable provision will be treated as severed from this Agreement.

You must not assign or novate any of your rights or obligations under this Agreement. You agree that ausbiz plus may however assign or novate this Agreement at any time, with or without notice to you.

The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.

This Agreement will be construed in accordance with and will be governed by the laws in force in New South Wales, Australia. Each of the parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of New South Wales, Australia.