Skip to main content

Membership terms and conditions

1. GENERAL

  1. You agree to be bound by these Terms which form a binding contractual agreement between you and us, Your Business Security Pty Ltd ABN 17 626 616 242 (Your Business Security, our, we or us).
  2. When you purchase a Membership, Your Business Security will perform various security consulting services (Security Services) in accordance with these terms. Tailored Security Services are also offered on a one on one consultancy basis.
  3. You must not use or otherwise access the Security Services if you are a competitor, or if you may become a competitor, of Your Business Security. For the purposes of this clause 1(c), a “competitor” means any business that may offer services the same as or similar to Your Business Security.
  4. You must not use the website or Security Services for unauthorised or unlawful purposes. Unauthorised use of the website or Security Services may be a criminal offence or give rise to a claim for damages (or both, as the case may be).
  5. You must not re-sell any documents or products you have gained access to through your membership.
  6. You must not re-sell or attempt to benefit in a commercial fashion from any of the content available through your membership.
  7. We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

2. MEMBERSHIPS

  1. The Security Services provided with a Your Business Security Membership are:
    1. the Business Protection Kit described in clause 3; or
    2. the Defence and Government Contract Readiness Kit described in clause 4.
  2. You must have a licence to Microsoft office and a licence to software to open PDF files in order to access the products provided in connection with the Your Business Security Membership.

3. BUSINESS PROTECTION KIT

  1. The tools and templates received as part of a Business Protection Membership are branded as a Business Protection Kit. If you enrol as a member, you will be provided with tools and templates (as Your Business Security considers appropriate from time to time) to self-assess and design your security plan. The Business Protection Kit includes, policy documents, an IP assignment deed, a non-disclosure agreement, security awareness videos, registers, Q&A forum, and signage.
  1. The documents provided within the Business Protection Kit:
    1. are licensed or sublicensed to you for single use only; and
    2. are for your consideration only. You should seek independent legal advice as to the suitability of the documents for your business.
  2. The Business Protection Kit does not include the cost of implementing security measures documented within the security plan (for example, alarm system installation or operation, fences, tailored employee training, hardware, IT Security solutions/software, personnel vetting etc.).

4. DEFENCE AND GOVERNMENT CONTRACT READINESS KIT

    1. The tools and templates received as part of a Defence and Government Contract Readiness Membership are branded as a Defence and Government Contract Readiness Kit. If you enrol as a member, you will be provided with tools and templates (as Your Business Security considers appropriate from time to time) to self-assess and design your security plan using the risk assessment template provided. This kit includes, policy documents, an IP assignment deed, a non-disclosure agreement, security awareness videos, registers, Trusted Insider Program, and signage.
    2. The documents provided within the Defence and Government Contract Readiness Kit:
      1. are licensed or sublicensed to you for single use only; and
      2. are for your consideration only. You should seek independent legal advice as to the suitability of the documents for your business.
    3. The Defence and Government Contract Readiness Kit does not include the cost of implementing security measures documented within the security plan (for example, alarm system installation or operation, fences, tailored employee training, hardware, IT Security solutions/software, personnel vetting etc.).

5. FEES

  1. You must pay the membership fee of $1,999 for the Business Protection Membership you have purchased, prior to those Security Services being provided to you (Fees).
  2. You must pay the membership fee of $3,999 for the Defence and Government Contract Readiness Kit Membership you have purchased, prior to those Security Services being provided to you (Fees).
  3. Once the Fees are paid, the Security Services are available for a 12 month period, unless this agreement is terminated in accordance with clause 11.
  4. Any Fees paid under these terms are refundable only in accordance with our refund policy described in clause 13.

6. INTELLECTUAL PROPERTY

  1. Your Business Security retains ownership and provides you with a sublicense (as the case may be) to all materials provided in connection with the Security Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
  2. You may make a temporary electronic copy of all or part of the Content for the sole purpose of viewing it and adapting it for the purpose of your internal security requirements, including obtaining relevant legal advice. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Content without prior written consent from Your Business Security or as permitted by law.

7. TITLE AND RISK

  1. (Title) Until the price of Security Services is paid in full, title in those Security Services is retained by Your Business Security.
  2. (Risk) Risk in the Security Services will pass to you on delivery. Delivery must not be refused by you.

8. DISCLAIMER

You acknowledge and agree that:

  1. any information provided to you as part of the Security Services is general in nature and may not be suitable for your circumstances;
  2. the documents in the Business Protection Kit and Defence and Government Contract Readiness Kit are guidelines and tailored professional advice or audit should be sought;
  3. having a security plan will not in and of itself protect your business. You need to implement the plan, then continuously monitor and review the plan;
  4. the Security Services provided do not consider acts of terrorism;
  5. Your Business Security recommends that a security risk assessment is undertaken by someone suitably qualified in risk management (for example minimum Cert III qualifications in Risk Management) before designing your security plan;
  6. it is your responsibility to comply with applicable regulations relevant to your business, including industrial relations laws and privacy laws; and
  7. any case studies provided are for education purposes only, and Your Business Security is not commenting on the security measures that were or were not, or should have been or should not have been, in place.

9. CONFIDENTIALITY

9.1 CONFIDENTIAL INFORMATION

  1. The parties undertake that they and their respective personnel will not, without the prior written consent of the other party:
    1. disclose the Confidential Information of the other party to any person; or
    2. use the Confidential Information of the other party for their own or a third party’s benefit.
  2. Each party must take all reasonable steps to ensure that the Confidential Information of the other party is only disclosed to such of its personnel as require that information in order to enable the performance of this agreement.
  3. In the event that either party is requested or becomes legally compelled to disclose any of the other party’s Confidential Information, that party will (subject to any regulatory restrictions) provide the other party with prompt notice so that the other party may seek such protective order or other appropriate remedy as it thinks appropriate.
  4. In this clause 9.1, “Confidential Information” means information about or provided by a party to the other party that is by its nature confidential information, is designated by the owning party as confidential, or the other party knows or ought to know is confidential, but does not include information which is or becomes, without a breach of confidentiality, public knowledge.

9.2 PRIVACY

  1. In respect of any Personal Information that is included in Data or otherwise provided to, collected or received by Your Business Security in connection with the Services, you must comply with:
    1. the Privacy Legislation and other relevant laws as they exist from time to time;
    2. any collection notice or privacy policy issued by Your Business Security from time to time; and
    3. any direction given by Your Business Security in relation to how to comply with such collection notice or privacy policy.
  2. You must notify Your Business Security if you receive a request for access to or correction of any Personal Information from any person (including the Office of the Australian Information Commissioner) prior to providing such access to or correcting the information.
  3. In this clause 9.2, “Privacy Legislation” means the Privacy Act 1988 (Cth), including Australian Privacy Principles, and the guidance and codes of practice issued by the Office of the Australian Information Commissioner from time to time, and the EU General Data Protection Regulation.

10. LIMITATION OF LIABILITY

  1. To the maximum extent permitted by applicable law, Your Business Security excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these Terms or any goods or services provided by Your Business Security.
  2. All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Your Business Security’s liability for breach of that non-excludable condition, warranty or guarantee will, at Your Business Security’s option, be limited to:
    1. in the case of goods, their replacement or the supply of equivalent goods or their repair; and
    2. in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
  3. (Indemnity) You agree to indemnify Your Business Security, its Director, and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’ use of any Security Services or services provided by Your Business Security.
  4. (Consequential loss) Under no circumstances will Your Business Security be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by Your Business Security.

11. DISPUTE RESOLUTION

  1. The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this agreement prior to commencing any proceedings.
  2. If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party.
  3. The parties acknowledge and agree that compliance with this clause 11 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except:
    1. in the case of applications for urgent interlocutory relief; or
    2. a breach by another party of this clause 11.

12. TERMINATION

12.1 TERMINATION FOR CONVENIENCE

Your Business Security may, in its absolute discretion, terminate this agreement for convenience at any time by providing 5 Business Days’ written notice to you.

12.2 TERMINATION FOR CAUSE

  1. Either party may immediately terminate this agreement by written notice to the other party if:
    1. the other party is in default or breach of this agreement;
    2. the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under this agreement;
    3. the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
    4. the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.

12.3 EFFECT OF TERMINATION

  1. Upon termination of this agreement, you must immediately return to Your Business Security or destroy any electronic or hardcopy:
    1. Confidential Information;
    2. Intellectual Property; or
    3. other property of Your Business Security,

    which is in your care, custody or control.

13. REFUND POLICY

  1. If within 30 days of purchasing your Membership you are not satisfied with the Security Services and they do not assist your business to mitigate security risks, subject to the requirements of this clause 13, Your Business Security may, in its absolute discretion, provide you with a refund.
  2. To submit an application for a refund, details on why the refund is required must be submitted to info@yourbusinesssecurity.com.au within 30 days of purchase.
  3. Refunds will not be provided:
    1. after the expiration of 30 days from purchase;
    2. if the purchaser is in default or breach of these terms and conditions; or
    3. until all Your Business Security Intellectual Property including documents and products supplied as part of your membership are returned, deleted, or destroyed.

14. GENERAL

  1. (Governing law) This agreement is governed by the law applying in New South Wales, Australia.
  2. (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
  3. (Amendments) These Terms may only be amended by Your Business Security in accordance with the Terms.
  4. (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
  5. (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
  6. (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
  7. (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
  8. (Interpretation) In these Terms, the following rules of interpretation apply:
    1. (singular and plural) words in the singular includes the plural (and vice versa);
    2. (gender) words indicating a gender includes the corresponding words of any other gender;
    3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      (person) a reference to “person” or ”you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    4. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    5. (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
    6. (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
    7. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    8. (includes) the word “includes” and similar words in any form is not a word of limitation; and
    9. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.