1. Website Terms & Conditions of Use

1. About the Website

1.1. Welcome to www.manibusinessservices.com.au (Website). The Website provides content for educational and informational purposes only, and information on services (Services) available through Mani Business Services Pty Ltd.

1.2. The Website is operated by Mani Business Services Pty Ltd (ACN 616 644 010)(ABN 45 616 644 010). Access to and use of the Website, or any of its associated Products or Services, is provided by Mani Business Services Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. Mani Business Services Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Mani Business Services Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Mani Business Services Pty Ltd in the user interface.

3. Copyright and Intellectual Property

3.1. The Website, the content and all of the related products of Mani Business Services Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Mani Business Services Pty Ltd or its contributors.

3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Mani Business Services Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
     a. use the Website pursuant to the Terms;
     b. copy and store the Website and the material contained in the Website in your device’s cache memory;              and
     c. print pages from the Website for your own personal and non-commercial use.

Mani Business Services Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Mani Business Services Pty Ltd.

3.3. Mani Business Services Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
     a. business name, trading name, domain name, trade mark, industrial design, patent, registered design or            copyright, or
     b. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design,              or
     c. a thing, system or process that is the subject of a patent, registered design or copyright (or an                              adaptation or modification of such a thing, system or process),
to you.

3.4. You may not, without the prior written permission of Mani Business Services Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

4. Privacy

Mani Business Services Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Mani Business Services Pty Ltd‘s Privacy Policy, which is available on the Website.

5. General Disclaimer

5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.2. Subject to this clause 5, and to the extent permitted by law:
     a. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the                  Terms are excluded; and
     b. Mani Business Services Pty Ltd will not be liable for any special, indirect or consequential loss or                          damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an                  applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in            connection with the content or these Terms (including as a result of not being able to use the content              or the late supply of the content), whether at common law, under contract, tort (including negligence),              in equity, pursuant to statute or otherwise.
     c. Use of the Website and the content is at your own risk. Everything on the Website and the content is                  provided to you “as is” and “as available” without warranty or condition of any kind. None of the                            affiliates, directors, officers, employees, agents, contributors and licensors of Mani Business Services Pty            Ltd make any express or implied representation or warranty about the content or any products or                        content (including the products or content of Mani Business Services Pty Ltd) referred to on the                          Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the              following:
             i. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay                   in operation or transmission, computer virus or other harmful component, loss of data,                                             communication line failure, unlawful third party conduct, or theft, destruction, alteration or                                   unauthorised access to records;
            ii. the accuracy, suitability or currency of any information on the Website, the content, or any of its                           content related products (including third party material and advertisements on the Website);
            iii. costs incurred as a result of you using the Website, the content or any of the products of Mani                              Business Services Pty Ltd; and
            iv. the content or operation in respect to links which are provided for your convenience.

6. Limitation of Liability

6.1. Mani Business Services Pty Ltd‘s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

6.2. You expressly understand and agree that Mani Business Services Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

6.3. You acknowledge and agree that Mani Business Services Pty Ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.

7. Termination of Contract

7.1. If you want to terminate the Terms, you may do so by providing Mani Business Services Pty Ltd with 7 days’ notice of your intention to terminate by sending notice of your intention to terminate to Mani Business Services Pty Ltd via the ‘Contact Us’ link on our homepage.

7.2. Mani Business Services Pty Ltd may at any time, terminate the Terms with you if:
     a. you have breached any provision of the Terms or intend to breach any provision;
     b. Mani Business Services Pty Ltd is required to do so by law;
     c. Mani Business Services Pty Ltd is transitioning to no longer providing the Services to Members in the                  country in which you are resident or from which you use the service; or
     d. the provision of the Services to you by Mani Business Services Pty Ltd, is in the opinion of Mani Business            Services Pty Ltd, no longer commercially viable.

7.3. Subject to local applicable laws, Mani Business Services Pty Ltd reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Mani Business Services Pty Ltd‘s name or reputation or violates the rights of those of another party.

7.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Mani Business Services Pty Ltd have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

8. Indemnity

8.1. You agree to indemnify Mani Business Services Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
     a. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a            full indemnity basis) incurred, suffered or arising out of or in connection with your content;
     b. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts              to do so; and/or
     c. any breach of the Terms.

9. Dispute Resolution

9.1. Compulsory
     If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

9.2. Notice
     A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

9.3. Resolution:
     On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
     a. Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation              or such other means upon which they may mutually agree;
     b. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the            Parties must either agree upon selection of a mediator or request that an appropriate mediator be                      appointed by The Small Business Commissioner of Western Australia or his or her nominee;
     c. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the                    venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by            the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own                  costs associated with the mediation;
     d. The mediation will be held in Bunbury or Perth, Western Australia; noting
     e. Nothing in this clause limits the ability for the mediation to be held in a location nominated by the                      mediator subject to their business location, or for either party(ies) to attend mediation via                                      videoconference, where available and agreeable by the mediator.

9.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

9.5. Termination of Mediation:
If 1 months has have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

9.6. Venue and Jurisdiction
The Services offered by Mani Business Services Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

9.7. Governing Law
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

9.8. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

9.9. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

2. Website Disclaimer

All care is taken in the preparation of the information and published materials on this site. Mani Business Services Pty Ltd does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, Mani Business Services Pty Ltd will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

This site may contain hypertext links, frames or other references to other parties and their websites. Mani Business Services Pty Ltd cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. Mani Business Services Pty Ltd do not necessarily approve of, endorse, or sponsor any content or material on such sites. Mani Business Services Pty Ltd make no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

Mani Business Services Pty Ltd are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing links to, this website to such material on other sites.

If you have any concerns regarding the content of the Website, please contact Mani Business Services Pty Ltd.

3. Privacy Policy

This Privacy Policy applies to all personal information collected by Mani Business Services Pty Ltd via the website located at www.manibusinessservices.com.au.

1. What is “personal information”?

1.1 The Privacy Act 1988 (Cth) currently defines “personal information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:
     a. whether the information or opinion is true or not; and
     b. whether the information or opinion is recorded in a material form or not.

1.2 If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this privacy policy.

2. What information do we collect?

The kind of personal information that we collect from you will depend on how you use the website. The personal information which we collect and hold about you may include: Name, Email Address.

3. How we collect your personal information

3.1 We may collect personal information from you whenever you input such information into the website.

3.2 We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.

4. Purpose of collection

4.1 The purpose for which we collect personal information is to provide you with the best service experience possible on the website.

4.2 We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.

5. Direct marketing

By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.

6. Access and correction

Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out in clause 9.

7. Complaint procedure

If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out in clause 9. All complaints will be considered by Kim Woodrum and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

8. Overseas transfer

Your personal information may be transferred overseas or stored overseas for a variety of reasons. It is not possible to identify each and every country to which your personal information may be sent. If your personal information is sent to a recipient in a country with data protection laws which are at least substantially similar to the Australian Privacy Principles, and where there are mechanisms available to you to enforce protection of your personal information under that overseas law, we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled in that jurisdiction. If your personal information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia’s, we will take reasonable steps to secure a contractual commitment from the recipient to handle your information in accordance with the Australian Privacy Principles.

9. How to contact us about privacy

If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us through: admin@maniservices.com.

4. Complaint Policy

There may be times where Mani Business Services Pty Ltd does not meet your expectations. In these circumstances we encourage you to let us know. We are committed to learning from your experiences as it will help us to continually improve the services we deliver.

Mani Business Services Pty Ltd has a structured approach to resolving complaints.

1. Send Complaint

If you are dissatisfied with a product or service provided by us, you can lodge a complaint with us.

Please include in your complaint the following details:
     a. your name and contact details;
     b. the nature of the complaint;
     c. details of any steps you have already taken to resolve the complaint;
     d. details of conversations you may have had with us that may be relevant to your complaint and;
     e. copies of any documentation which may be relevant.

Please send your complaint to admin@maniservices.com

2. Evaluation

We will take note of what information you provide to us. This information will be passed on to the appropriate department of Mani Business Services Pty Ltd to deal with the complaint.

We are committed to resolving your complaint within a timely manner.

3. Response

We will keep in touch with you during the process. If you require support, please email admin@maniservices.com. Once we have finalised your complaint, we will advise you of our findings and any action we have taken.