9.1 Where the option is given to you, you may make payment of the Member Fee, the Publisher Commission, or any payment to be made through the Store by way of:
(a) Electronic funds transfer (“EFT”) into our nominated bank account; or
(b) Credit Card Payment (“Credit Card”).
9.2 All payments made in the course of your use of the Services are made using PayPal Australia (“PayPal”). In using the Platform, the Services or when making any payment in relation to same, you warrant that you have read, understood and agree to be bound by the PayPal’s terms and conditions which are available on their website.
9.3 You acknowledge and agree that where a request for the payment of the Member Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the same.
9.4 Benchmark reserves the right to terminate or suspend your access to the Services in the event that you fail to pay the Member Fee, the Publisher Commission, or any other payment pursuant to the Services or any invoice sent by Benchmark from time to time in relation to same.
9.5 You agree and acknowledge that Benchmark can vary the Member Fee or prices in the Store at any time and that any varied Member Fee will come into effect following the conclusion of the existing Subscription period.
10. Refund Policy
10.1 Benchmark will only provide you with a refund of any monies paid through the use of the Services in the event they are unable to continue to provide the Services or if the manager of Benchmark makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the “Refund”).
11. Copyright and Intellectual Property
11.1 The Platform, the Services and all of the related products of Benchmark are subject to copyright. The material on the Platform is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Benchmark or its contributors.
11.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Benchmark, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
(a) use the Platform pursuant to the Terms;
(b) copy and store the Platform and the material contained in the Platform in your device’s cache memory; and
(c) print pages from the Platform for your own personal and non-commercial use.
Benchmark does not grant you any other rights whatsoever in relation to the Platform or the Services. All other rights are expressly reserved by Benchmark.
11.3 Benchmark retains all rights, title and interest in and to the Platform and all related Services. Nothing you do on or in relation to the Platform 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),
11.4 You may not, without the prior written permission of Benchmark 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Platform which are freely available for re-use or are in the public domain.
13. General Disclaimer
13.1 You acknowledge and agree that Benchmark will use its best endeavours to ensure that the Platform and Member Services are available ninety five percent (95%) of the time each calendar month. Benchmark does not guarantee that the Platform, Member Services or Member Data or access thereto will be uninterrupted or error-free and you release and indemnify Benchmark in respect of any loss and damage in respect of any interruption, error or unavailability of the Platform, Member Services or Member Data.
13.2 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.
13.3 Subject to this clause, 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) Benchmark we 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
13.4 Use of the Platform and the Services is at your own risk. Everything on the Platform and the Services 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 Benchmark make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Benchmark) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) 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;
(b) the accuracy, suitability or currency of any information on the Platform, the Services, or any of its Services related products (including third party material and advertisements on the Platform);
(c) costs incurred as a result of you using the Platform, the Services or any of the products of Benchmark; and
(d) the Services or operation in respect to links which are provided for your convenience.