This website (http(s)://*.benchmarking.com.au,” Website”) is owned and operated by The Benchmarking Group Pty Ltd (ABN 76 118 947 872) and its affiliates, (collectively referred to as ” Benchmarking.com.au”, “Benchmarking” “we,” “us,” or “our” herein).
Terms and conditions
Admission to the Website and permission to use this Website including the materials regarding the benchmarks and industry specific information (“Materials”) is conditional on your complying with the Terms of Use, these licensing terms and conditions (“License”) and is subject to our Privacy Policy.
You are provided a non-exclusive right to use the tools and Materials accessed via the Website specifically in your role as an accounting firm or business and financial adviser in accordance with this License and this right will terminate automatically on the termination of this License for any reason. You agree not to use any Materials provided to you for commercial purposes other than for direct client interaction in accordance with this License unless you have a separate written agreement with Benchmarking.com.au setting out alternative licensing terms or for a specific project. Please contact us if you require specific licensing solutions for your business or project or if you are uncertain if your intended use is within the limitations of this License.
Authorised Use
The Website and the Materials therein may only be used via your single authorised site (including at a home office or at a client site where necessary) for:
- your internal management, reference and informational purposes;
- for providing professional services to only our clients whose data has been entered into the Website only, and
- you may print copies of the Australian Benchmark Reports and distribute them to your clients and up to 100 prospective clients per 12 months per industry with your branding, subject to your compliance with our Fair Use Policy provided 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 of Benchmarking.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 than the subscribing or via a membership, subscription or by handing out your access details to any other unauthorised 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 License or termination of your right to access any particular content pursuant to the License 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 subscription.
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 License 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 your License, the service may be suspended until any non-compliance with our License has been investigated and conformity with our License 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 account including those of your users whether currently or previously authorised users.
You will keep full and up-to-date records of all of your authorised users and shall provide us with details of these upon request and provide us with access to the relevant records and systems to investigate any non-compliance.
Financial Information
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
Jurisdictional Issues
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.
Termination
These License terms are effective until terminated by either party. This License shall be effective for a period of one year (“Initial Year”) and shall automatically renew for successive years (“Additional Years”) at the fee then in effect for the option selected by you on the terms and conditions available on the Website, unless terminated as set forth herein. You may terminate these License terms 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. These License 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 License. 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. All fees paid are non-refundable on termination by either party.
Disclaimer
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.
Other
This License 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 these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms 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.
We may change these Licensing terms and conditions from time to time and all licenses provided by us will be governed by the most recent version of our License. You will be provided notice of these changes and any updated versions of this License will be posted on the Benchmarking Site.