BENCHMARK CLUB

Terms and Conditions

1) WEBSITE TERMS & CONDITIONS

Effective date: [insert date]

By accessing our website, you agree to be legally bound by these terms and conditions (these Terms).

A reference in these Terms to BBG, we, us or our is a reference to Business Benchmark Group Pty Ltd ABN 14 456 065 279 and its officers, employees, contractors, agents, successors and assigns.

If you do not agree to these Terms, you must stop using our website immediately.

1. Your acceptance of these Terms

1.1 By accessing or using our website, you agree to comply with these Terms and all applicable laws.

1.2 By submitting an enquiry, downloading any material, subscribing to our communications, registering for an event, completing a form, or otherwise providing information to us through our website, you:

1.2.1 confirm that the information you provide is complete, true and correct at the time it is provided;

1.2.2 confirm that you have read and understood these Terms and agree to be bound by them;

1.2.3 accept that it is your responsibility to ensure that the personal and business information you provide to us is kept current; and

1.2.4 agree that we may contact you using the contact details you provide in connection with your enquiry, subscription, registration or request.

1.3 If we consider that you are not complying with these Terms, we may take any action we are legally entitled to take, including restricting or terminating your access to the website, refusing to provide access to downloads, events or resources, or removing any material submitted through the website.

2. Use of our website

2.1 You agree that you will not:

2.1.1 use our website for any unlawful, fraudulent or improper purpose;

2.1.2 submit or transmit any material that is false, misleading or deceptive;

2.1.3 submit or transmit any material that is defamatory, abusive, threatening, obscene, offensive or otherwise inappropriate;

2.1.4 submit or transmit any material containing viruses, malware or other harmful code;

2.1.5 interfere with the operation, security or functionality of our website;

2.1.6 attempt to gain unauthorised access to any part of our website, systems or data;

2.1.7 copy, scrape, harvest, reproduce, republish or exploit any content on our website without our prior written consent;

2.1.8 use our website or any content on it in a way that competes with our business or supports a competing business; or

2.1.9 collect, store or use personal information of other users or website visitors without lawful authority.

2.2 We reserve the right, in our absolute discretion, to remove or refuse to publish any material submitted through our website. We are not obliged to monitor all activity on the website and do not guarantee the prompt removal of any material.

3. Intellectual property rights

3.1 Unless otherwise stated, we own or have the right to use all content available on or through our website, including without limitation all text, graphics, branding, logos, downloads, documents, videos, images, layouts, reports, assessments, questionnaires, tools, frameworks, methodologies, concepts, trademarks, processes and other material appearing on the website (collectively BBG Content).

3.2 Our business includes advisory services, proprietary frameworks, strategic methodologies, benchmarking approaches, intellectual property and diagnostic tools developed through our research, experience, commercial application and work with businesses. These always remain our intellectual property.

3.3 Our frameworks, methodologies, models, templates, scorecards, advisory tools and strategic processes are general descriptions of our intellectual property only. They are not sold, assigned or transferred to you merely because they are described on the website, referred to in our BBG Content, or applied in part to a particular business context.

3.4 By accessing our website, you do not acquire any ownership rights in the BBG Content. All rights not expressly granted are reserved by us. Copyright in original material is protected under Australian law, and trade mark rights may arise by registration, use or both.

3.5 Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the BBG Content for your own personal or internal business information purposes only. We do not grant you any intellectual property rights in our website, its applications, interface or content.

3.6 You must not, without our prior written consent:

3.6.1 copy, reproduce, adapt, publish, distribute or commercialise any BBG Content;

3.6.2 modify, reverse engineer, deconstruct or create derivative works from any BBG Content;

3.6.3 use any BBG Content to develop, market or deliver competing advisory products, frameworks, methodologies or services; or

3.6.4 represent any BBG Content as your own or as belonging to any person other than us.

3.7 If you provide us with feedback, comments, suggestions, ideas, testimonials or similar material through the website, you grant us a non-exclusive, worldwide, irrevocable, royalty-free licence to use, reproduce, publish and adapt that material for our business purposes, subject to our Privacy Policy and any applicable law.

4. Trademarks and branding

4.1 All trademarks, logos, brand names, slogans, program names and visual brand assets displayed on our website are owned by or licensed to us unless otherwise stated.

4.2 You must not use any of our trademarks, branding or visual identity without our prior written consent.

4.3 Nothing in these Terms gives you any licence or right to use our trademarks or branding.

5. Nature of website content

5.1 All content on our website (including BBG Content) is provided for general informational, educational and promotional purposes only.

5.2 Such content does not constitute legal, financial, taxation, accounting or other professional advice.

5.3 Such content does not create a client relationship, advisory engagement, fiduciary relationship or binding commitment by us to provide services.

5.4 Any case studies, examples, frameworks, insights, tools or methodologies described on the website are general in nature and may not be suitable for your circumstances.

5.5 You should obtain your own independent professional advice before acting on any information available on or through our website.

6. No guarantees or reliance

6.1 We do not warrant or represent that:

6.1.1 the website will always be available, secure or error-free.

6.1.2 the website content is complete, accurate, current or fit for any particular purpose; or

6.1.3 use of our website, or reliance on any information on it, will produce any commercial, operational, financial or strategic outcome.

6.2 Business outcomes depend on multiple factors outside our control, including implementation, leadership capability, team performance, market conditions, timing and commercial judgement.

6.3 We do not warrant the accuracy or completeness of any information you derive from our website. To the extent permitted by law, we exclude liability for any loss or damage arising out of, or in relation to, any errors or omissions in our website or your use of our website (including any interference with or damage to your computer system). You acknowledge that any reliance on our website content is entirely at your own risk.

7. Third party websites and platforms

7.1 From time to time, our website may contain links to third party websites, software, booking systems, social platforms, event platforms, analytics tools, CRM systems, payment gateways or other third party services (Third Party Platform).

7.2 We do not control, endorse or accept responsibility for the content, availability, security or practices of any Third Party Platform.

7.3 Your use of any Third Party Platform is entirely at your own risk and may be subject to separate terms and conditions imposed by those third parties.

8. Privacy, cookies and data collection

8.1 We may collect, use, store and disclose personal information in accordance with our Privacy Policy, which can be found at [insert weblink to privacy policy].

8.2 We may also collect certain technical and usage information through cookies, pixels, analytics tools and similar technologies when you access or interact with our website.

8.3 That information may include your IP address, browser type, device information, referral source, pages viewed, time spent on pages, form activity and other general website interaction data.

8.4 We use this information to operate and improve our website, understand website performance, support marketing activity, improve the user experience and communicate more effectively with website users and prospective clients.

8.5 You can manage certain cookie settings through your browser or device settings, however, disabling cookies may affect website functionality.

9. Disclaimer

We believe that the information contained on our website is correct. However, no representation or warranties of any nature whatsoever are given, intended or implied, and you should rely on your own inquiries as to the accuracy of any information or material available from our website.

Please note that information provided on our website is general information only, is subject to change without notice and should not be relied on as a substitute for legal, financial or other expert advice. We disclaim all liability and responsibility, including for negligence, for any direct or indirect loss or damage suffered by any person arising out of any use of our website or any information or material available from it.

10. Limitation of liability

10.1 You are solely responsible for your use of our website and any decisions you make based on information obtained through it.

10.2 To the maximum extent permitted by law:

10.2.1 we exclude all representations, warranties and guarantees not expressly set out in these Terms; and

10.2.2 we are not liable for any loss, damage, cost or expense, whether direct, indirect, incidental, special or consequential, arising out of or in connection with your use of, or inability to use, our website or your reliance on any website content.

10.3 This includes, without limitation, loss of revenue, loss of profit, loss of opportunity, loss of business, loss of goodwill, business interruption, loss of data and costs of obtaining substitute services.

10.4 We are also not liable for any loss, damage, cost or expense arising from:

10.4.1 any act or omission of a third party;

10.4.2 any website outage, delay, malfunction, interruption or security breach;

10.4.3 any malware, virus or harmful code transmitted through our website; or

10.4.4 your use of any Third Party Platform.

10.5 Where any law implies a guarantee, condition or warranty that cannot lawfully be excluded, our liability is limited to the maximum extent permitted by law, including under the Australian Consumer Law.

11. Indemnity

11.1 You agree to indemnify us against any loss, damage, liability, claim, cost or expense (including legal costs on a full indemnity basis) arising out of or in connection with:

11.1.1 your breach of these Terms;

11.1.2 your misuse of our website;

11.1.3 your infringement, or alleged infringement, of our intellectual property rights or the rights of any third party; or

11.1.4 any information or material you submit through our website.

12. Changes to these Terms

12.1 We may amend these Terms from time to time.

12.2 Any updated version will be published on our website and will take effect from the date of publication unless otherwise stated.

12.3 By continuing to use our website after updated Terms are published, you agree to be bound by the amended Terms.

13. General

13.1 If any provision of these Terms is unlawful, void or unenforceable, that provision is severed and the remaining provisions continue in full force and effect.

13.2 Any failure or delay by us to exercise a right does not operate as a waiver of that right.

13.3 We may assign or transfer our rights and obligations under these Terms without notice to you.

13.4 These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

13.5 We may give notices to you electronically, including by posting updates on our website or by email where you have provided contact details to us.

2) PRIVACY POLICY

Effective date: April 2026

This Privacy Policy explains how Business Benchmark Group Pty Ltd ABN 14 456 065 279 (we, us, our) collects, holds, uses and discloses personal information, including through our website.

We are committed to handling personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles where they apply to us. The Office of the Australian Information Commissioner (OAIC) guidance states that covered organisations should maintain a clearly expressed and up-to-date privacy policy and be transparent about tracking technologies and overseas disclosures.

1. What personal information we collect

For the purposes of this Privacy Policy, personal information includes information or an opinion about an identified individual or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not it is recorded in a material form. We may collect personal information including:

1.1 your name;

1.2 email address;

1.3 telephone number;

1.4 business name;

1.5 job title or role;

1.6 industry information;

1.7 information about your business, including approximate revenue range, team size, priorities, operational issues or strategic goals where you choose to provide that information;

1.8 details submitted through forms, event registrations, download requests, surveys, assessments, questionnaires or enquiries;

1.9 communication records between you and us; and

1.10 technical and website usage information, including IP address, browser type, device information, referral source, website behaviour and interaction data.

2. How we collect personal information

We may collect personal information when you:

2.1 visit or use our website;

2.2 submit a contact form;

2.3 download a guide, report or other resource;

2.4 register for an event, webinar or briefing;

2.5 subscribe to our mailing list or communications;

2.6 when you engage us or discuss engaging us to provide services or advice to you;

2.7 complete an assessment, diagnostic, scorecard or survey;

2.8 contact us by phone, email, social media or through the website; or

2.9 interact with our website through cookies, tracking pixels, analytics tools or similar technologies.

The Privacy Act 1988 (Cth) does not prohibit tracking pixels, but organisations using them should explain their use in their privacy policies.

3. Why we collect personal information

We may collect, hold, use and disclose personal information for purposes including:

3.1 responding to enquiries;

3.2 providing requested information, downloads, updates or resources;

3.3 administering registrations for events, briefings or webinars;

3.4 marketing our services, programs, events and content;

3.5 understanding business needs and potential fit for our advisory services;

3.6 improving our website, services, communications and user experience;

3.7 monitoring and analysing website usage and campaign performance;

3.8 internal reporting, planning and business development; and

3.9 complying with legal or regulatory obligations.

4. Cookies, analytics and tracking technologies

4.1 We may use cookies, pixels, tags, analytics tools and similar technologies on our website.

4.2 These technologies may collect information such as browser type, device identifiers, IP address, pages visited, time on site, referral source, on-site behaviour, ad interactions and form activity.

4.3 We use this information to:

4.3.1 operate and improve our website;

4.3.2 measure traffic and campaign performance;

4.3.3 understand how visitors interact with our website;

4.3.4 improve the relevance of our communications and marketing; and

4.3.5 support remarketing and audience targeting activity.

4.4 You can usually modify your browser settings to block or manage cookies. However, doing so may affect the performance or functionality of our website.

5. Direct marketing

5.1 We may use your personal information to send you updates, insights, invitations, event information, relevant resources and other marketing communications about our business.

5.2 You may opt out of receiving marketing communications at any time by using the unsubscribe function in an email or contacting us directly.

6. Disclosure of personal information We may disclose personal information to third parties including:

6.1 our employees, contractors and related entities;

6.2 technology service providers, including website hosts, CRM providers, analytics providers, advertising platforms, email marketing providers and other software providers;

6.3 event, webinar and booking platform providers;

6.4 professional advisers, including legal, accounting and other advisers; and

6.5 government, regulatory or law enforcement bodies where required or authorised by law.

6.6 We do not sell personal information.

7. Overseas disclosure

7.1 Some of the third party service providers we use may store or process personal information outside Australia.

7.2 Where personal information is disclosed overseas, we will take reasonable steps to ensure that the relevant recipient handles that information in a manner consistent with applicable privacy obligations, unless an exception applies.

OAIC guidance specifically notes that where personal information collected through tracking technologies may be sent overseas, organisations should take reasonable steps to address relevant Australian Privacy Principle obligations.

8. Your consent

You consent to your personal information being used in accordance with this Privacy Policy by any one or more of the following:

8.1 by communicating with us or by continuing to request our services, including but not limited to by attending one of our offices and making enquiries via internet, email or phone;

8.2 providing us with your personal information;

8.3 providing us with your personal information for such details to be conveyed to third party organisations that we may engage to provide to our services;

8.4 by visiting our website or participating in an online enquiry;

8.5 by visiting any website or social media site established by us; or

8.6 by participating in any website or social media site established by us including but not limited to subscribing to our blog, posting, pinning or uploading any material, following, liking and/or commenting on us or anything on any website or social media site established by us.

9. Data quality and security

9.1 We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification and disclosure.

9.2 The above said, however, no data transmission or storage system can be guaranteed to be completely secure. You provide your personal information to us entirely at your own risk.

9.3 Our website does not provide systems for secure transmission of personal information across the internet. When providing your personal information to us via our website, please be aware that there are risks involved in transmitting such information across the internet.

9.4 We also take reasonable steps to ensure personal information we hold is accurate, up to date and complete, having regard to the purpose for which it is used.

10. Access and correction

10.1 You may request access to the personal information we hold about you.

10.2 You may also request correction of any personal information that is inaccurate, out of date, incomplete, irrelevant or misleading.

10.3 To make such a request, please contact us using the details below.

11. Complaints

11.1 If you have a privacy complaint, you may contact us using the details below.

11.2 We will consider your complaint and respond within a reasonable period.

11.3 If you are not satisfied with our response, you may be able to contact the OAIC.

12. Changes to this Privacy Policy

12.1 We may update this Privacy Policy from time to time.

12.2 Any updated version will be published on our website and will take effect from the date of publication unless otherwise stated.

13. Contact details

Business Benchmark Group Pty Ltd
ABN: 14 456 065 279
Email:  marketing@businessbenchmarkgroup.com.au
Phone:  +61 3 9001 0878

Address: Nexus Business Precinct Level 2, Suite 205,
2 Nexus Court, Mulgrave, VIC 3170