Terms of service

MyNextAdvice is a service provided by Marketing based Assets International Pty Limited ACN 111 328 646 (“MBASI”). By using MyNextAdvice you agree to our terms shown below.

These Terms of Service (“Terms“) govern your access to and use of MyNextAdvice (“MyNextAdvice”, “we” or “our”) websites, services, and applications (collectively the “Service“). Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. Please read them carefully before using the Service.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

MBASI reserves the right to update and change the Terms at any time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at http://13.211.96.143/terms-of-service.

Violation of any of the Terms below will result in the termination of your Account. You agree to use the Service at your own risk.

Account Terms

If you are a Business:

  1. Subject to these Terms, MBASI gives you a worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason or for no reason.
  2. You must be 18 years or older to use this Service.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.
  5. If you connect to the Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user’s account without our permission.
  6. MBASI reserves the right to conduct background checks of any new and ongoing user to ensure they comply with minimum requirements for the provision of advice to consumers. The purpose of the background checks is to confirm:
    1. The user’s legal status
    2. the user’s email address
    3. the user’s identity
    4. that the user has attained the required qualifications
    5. that the user is a member of the relevant professional body; and
    6. that the user has not been listed as disqualified or banned to provide advice by regulatory authorities.

In order to verify the user we rely on information provided to us by the user and/or, in some cases, third parties. We exclude any liability whatsoever which arises or which is alleged to arise from a failure by us to properly verify a user. Users authorise us to provide their personal details to third parties for the purpose of verification.

7. You acknowledge and agree that at the time of registration and for the duration of your registration you have and will maintain all required qualifications, memberships, licenses, skills and experience requirements etc. to offer advice to consumers for each of the specialisations you nominate in each person’s profile.

8. You must immediately notify us if any of the following events occur:

(a) you (or any person registered on your account) are the subject of any disciplinary hearing related to your profession

(b) you (or any person registered on your account) are ordered by a relevant professional body to cease practicing

(c) you (or any person registered on your account) fail to renew your licence to practice

(d) you (or any person registered on your account) are charged with or convicted of a criminal offence

(e) you (or any person registered on your account) are declared bankrupt or insolvent

(f) you (or any person registered on your account) change your name, contact details and/or business address

(g) you (or any person registered on your account) are the subject of an ASIC ban/disqualification or adverse finding by the ICAC

(h) you (or any person registered on your account) are found by a court to have acted dishonestly and/or fraudulently; and/or

(i) anything else likely to affect your ability to continue providing advice.

9. You acknowledge and agree that for the duration of your registration you will comply with all legal obligations in force from time to time in respect of your dealing with consumers, including the prohibition of false, misleading or deceptive conduct.

10. You must either formally accept or decline specific advice opportunities facilitated by the Service within 24 hours of being notified of each opportunity.

11. Unless you formally decline the specific advice opportunity, you agree to make contact with any consumer with whom you have been connected to offer advice within 24 hours of being notified of the opportunity. Failure to either formally decline the specific advice opportunity or make contact with a consumer within 24 hours of connection may result in the termination of your Account.

12. If you wish to temporarily or permanently suspend your participation in any Service feature that permits consumers to connect with you for the purpose of accessing advice, you must activate the related suspension function associated with your Account.

13. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.

14. You are responsible for maintaining the security of your account and password. MBASI cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

15. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

16. You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

If you are a Consumer:

  1. Subject to these Terms, MBASI gives you a worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason or for no reason.
  2. You must be 18 years or older to use this Service.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  4. If you are required to register to use the Service, you must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process. In doing so, you agree that you:
    1. Are not impersonating any person or entity
    2. Are not intentionally or unintentionally violating any applicable state or federal law regarding use of personal or identification information; and
    3. Will provide, on demand from MBASI, verification of your identity in such form as required by MBASI.
      Should we suspect or identify an individual to be inappropriately or unlawfully adopting a person’s identity we may without notice to you, disclose that information to any relevant persons or authorities.
  5. If you connect to the Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user’s account without our permission.
  6. MBASI reserves the right to conduct background checks of any new and ongoing user. In order to verify the user we rely on information provided to us by the user and/or, in some cases, third parties. We exclude any liability whatsoever which arises or which is alleged to arise from a failure by us to properly verify a user. Users authorise us to provide their personal details to third parties for the purpose of verification.
  7. While we may facilitate the review and introduction of Professionals to Consumers, Consumers and Professionals will be responsible for entering into their own agreement between themselves. You understand we are not a party to and will not have any liability with respect to the Services provided by Professionals.Any terms a Consumer enters with a Professional in relation to work to be provided will be binding on the Consumer and the Professional. Any terms which attempt to alter or modify these Terms must be agreed by MBASI in writing.
  8. By using this Service, you acknowledge and agree that MBASI does not provide advice of any kind whatsoever nor is the Site a forum for the provision of advice, nor do we take into account any Consumer’s individual circumstances when we provide the Service. We do not take responsibility for (nor do we endorse) any advice provided by a Professional to a Consumer.
  9. Your login, if required, may only be used by one person – a single login shared by multiple people is not permitted.
  10. You are responsible for maintaining the security of your account and password. MBASI cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  11. You are responsible for all Content posted and activity that occurs under your account.
  12. You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

Payment, Refunds, Upgrading and Downgrading Terms

  1. All paid plans must enter a valid credit card.
  2. A paid plan may include features that require the payment of additional fees to take advantage of such features. The fee payable for each feature, if any, will be clearly labelled so each user can decide whether or not they proceed to take advantage of the feature.
  3. An upgrade between plans will bill you in accordance with the conditions of the newly selected plan. Change of plans is effective at the conclusion of the current billing period. There shall be no refund or adjustment on a pro-rata basis.
  4. The Service is billed on a monthly or annual basis, in accordance with the conditions of the contracted plan and the value used on the Service and is non-refundable. There will be no upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  5. MBASI’s billing period runs from the date of subscription until the anniversary of the following calendar month or year based on the relevant billing period. Invoices will be sent to customers within 24 hours of payment.
  6. All fees are inclusive of all taxes, levies, or duties imposed by taxing authorities.
  7. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less).
  8. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  9. Downgrading your Service may cause the loss of content, features, or capacity of your Account albeit MBASI will endeavour to apply best practices to prevent such an event. MBASI does not accept any liability for such loss.

Suspension, Cancellation and Termination

  1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the ‘Manage Account’ link in your account menu. The ‘Manage Account’ screen provides a simple no questions asked cancellation process.
  2. All of your Content will be retained within the Service upon suspension or cancellation. You will not be able recover your Content once your account is suspended or cancelled.
  3. At suspension or termination of your account, MBASI will charge your credit card with any outstanding amount left unpaid on your account. All clauses of this contractual agreement remain valid and active until all due amounts have been paid.
  4. MBASI, in its sole discretion, has the right to suspend, cancel or terminate your account and refuse any and all current or future use of the Service, or any other MBASI service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. MBASI reserves the right to refuse service to anyone for any reason at any time. MBASI will make a reasonable attempt via email to warn the account owner prior to suspension.

Modifications to the Service and Prices

  1. MBASI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with notice provided by email in a reasonable timeframe preceding the discontinuation.
  2. Prices of all Services, including but not limited to monthly or annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MBASI Site (mynextadvice.com.au) or the Service itself.
  3. MBASI shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We own or are licensed to use all intellectual property in the Site, with the exception of your Content, which shall remain your intellectual property but which you license to MBASI in accordance with the license below. You may not use any of our intellectual property for any purpose other than as may be required to use the Service for its intended purpose.
  2. You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Content in connection with providing the Service to you and other users in accordance with your settings on the Service. In connection with providing the Service, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
  3. You, and not MBASI, are responsible for maintaining and protecting all of your Content. MBASI will not be liable for any loss or corruption of your Content, or for any costs or expenses associated with backing up or restoring any of your Content.
  4. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, if you set your pages to be viewed publicly or give right to third parties to access your Content, you agree to allow others to view your Content.
  5. You shall defend MBASI against any claim, demand, suit or proceeding made or brought against MBASI by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify MBASI for any damages finally awarded against, and for reasonable attorney’s fees incurred by, MBASI in connection with any such claim, demand, suit or proceeding; provided, that MBASI

a. promptly gives You written notice of the claim, demand, suit or proceeding;

b. gives You sole control of the defence and settlement of the claim, demand, suit or proceeding (provided that You may           not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases MBASI of all liability) and

c. provides to You all reasonable assistance, at Your expense.

6. The look and feel of the Service is copyright owned by MBASI All rights reserved. You may not duplicate, copy, re-engineer or reuse any portion of the HTML/CSS, Javascript, or visual design elements, algorithms or concepts without express written permission from MBASI.

7. You must not reverse engineer or decompile any part of the Service or the underlying code, nor attempt to do so, nor assist anyone else to do so.

Prohibited content

Notwithstanding anything to the contrary in these Terms, you must not do any of the following without the prior express written permission of MBASI:

  1. attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Site including the algorithm used by MBASI to match Consumers to Professionals;
  2. take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure, including spam or other unsolicited mass e-mailing techniques;
  3. use the Site for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
  4. use the Site that would result in you breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations you may owe to third parties;
  5. mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
  6. post content which contravenes a confidentiality or non disclosure agreement, insider trading laws, or intellectual property rights which you are not authorised to transfer to another party;
  7. conduct any activity which compromises or breaches another party’s patent rights, trademark, copyright or other intellectual property rights;
  8. copy, collect or save information about other users including their skills, employment or education history;
  9. publish advertising material of any kind or market any goods or services directly to other users;
  10. introduce any virus, worm, Trojan horse, malicious code or other program which may damage computers or other computer based equipment to the Site or to other users;
  11. stalk or harass anyone;
  12. attempt to disrupt or interfere with the delivery of our service or the services of our partners and clients;
  13. use the details of other users for anything other than the use expressly permitted by those users;
  14. download, access, use, harvest or download in bulk user details other than to fill vacant positions as contemplated by the Site or as otherwise explicitly permitted by us in writing;
  15. sell, redistribute or use information contained on the Site for a commercial purpose without our prior written consent;
  16. pass on user name and password information to anyone other than the authorised member/ customer of that account;
  17. remove or alter MBASI’s copyright notices or other means of identification including any watermarks, as they appear on the services or Site;
  18. provide to any persons who are not authorised users of the Site, any part of the information included in the services or content, except as permitted in these Terms;
  19. distribute or publish any part of the information or content included in the services on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast or display any such information in public unless facilitated by the Site.

Privacy

MBASI cares about the privacy of our users. We collect, use and share personally identifiable information and non-personally identifiable information as described in our Privacy Policy. You agree that by using the Service, you agree to the collection of such information, and to have your personal data collected, used, transferred to and processed in Australia or other countries at the absolute discretion of MBASI.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email and telephone as per subscription plans in force from time to time. Support is only available in English.
  3. You understand that MBASI may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, MBASI, or any other MBASI service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of MBASI.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MBASI customer, employee, member, or officer will result in immediate account termination.
  8. You agree that MBASI may list you as a client of MBASI in promotional materials or in submissions to other potential MBASI clients. Further, provided MBASI does not disclose your confidential information, MBASI is entitled to describe in its Services and promotional material the results achieved by your organisation as a consequence of the Services provided by MBASI.
  9. You agree that MBASI my share links to associated web sites and ask third parties to share content as a result of their interaction with the Service.
  10. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve
    1. transmissions over various networks; and
    2. changes to conform and adapt to technical requirements of connecting networks or devices.
  11. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  12. Crawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing the site. You may not provide unauthorised interfaces to any of our applications.
  13. You must not transmit any worms or viruses or any code of a destructive nature.
  14. MBASI does not warrant that:
    1. the service will meet your specific requirements
    2. the service will be uninterrupted or error-free
    3. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
    4. any errors in the Service will be corrected.
  15. You expressly understand and agree that MBASI shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MBASI has been advised of the possibility of such damages), resulting from:
    1. the use or the inability to use the service
    2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service
    3. unauthorised access to or alteration of your transmissions or data
    4. statements or conduct of any third party on the service;
    5. or any other matter relating to the service.
  16. The failure of MBASI to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MBASI and govern your use of the Service, superseding any prior agreements between you and MBASI (including, but not limited to, any prior versions of the Terms of Service).
  17. You agree that these Terms of Service and Your use of the Service must be construed and interpreted in accordance with the laws of the State of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the Courts of that State.
  18. Unless it is inappropriate in the context:
    • the singular includes the plural and vice versa;
    • a reference to an individual or person includes a corporation, firm and government body and vice versa;
    • a reference to a clause is to a clause of these Terms;
    • a reference to ‘dollars’ or ‘$’ is to an amount in Australian currency;
    • a reference to a party includes that party’s executors, administrators, substitutes, successors and permitted assigns;
    • any covenant, agreement or warranty on the part of or in favour of two or more persons is deemed to bind or be in favour of them jointly as well as each of them severally;
    • the meaning of general words is not limited by specific examples introduced by ‘including’, ‘such as’, ‘for example’ or ‘even if’, or other similar expressions;
    • a reference to a document (including these Terms) includes the document as modified from time to time and any document replacing it;
    • a reference to one gender includes each gender; and
    • headings are included for convenience and do not affect interpretation.
  19. Questions about the Terms of Service should be sent to info@mynextadvice.com.au.

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