Bingarra Terms and Conditions for Free Initial Screening Consult

By booking a Free Initial Screening Consult (Free Consult) you acknowledge and agree that:

1. Bingarra is under no obligation to accept any booking for a Free Consult, and the decision whether to accept or reject any booking is entirely at Bingarra’s discretion.

2. The purpose of the Free Consult is for Bingarra to assess the suitability of your business for Bingarra’s scale-up services (Purpose).

3. If Bingarra agrees to provide a Free Consult, such consult may be in person, by telephone or via video link at a mutually convenient time to you and Bingarra.

4. Bingarra will allocate up to one hour and for the Free Consult, but may, at its discretion, end the Free Consult at any time and for any reason.

5. Whilst Bingarra will not charge any fee for participating in the Free Consult, Bingarra may charge a cancellation fee of AU$150 if you do not attend or if you cancel on less than 24 hours notice.

6. In no event will making or accepting a booking, or conducting a Free Consult create any obligation on you or Bingarra to enter into any engagement for the provision of any services offered by Bingarra. Such provision of further services (if any) will only occur pursuant to a further written Contract for Services signed by both parties setting out the details of Bingarra’s terms and fees for the provision of such services.

7. You will provide Bingarra with all information reasonably required by Bingarra for the Purpose and represent and warrant to Bingarra that:

   1. you are entitled to disclose such information;

   2. such information is accurate and complete; and

   3. use of such information by Bingarra will not breach the rights (including any intellectual property rights) of any person.

8. You may provide information in relation to your business activities which are commercially sensitive and confidential and/or secret in nature.  Such information may include, but is not limited to details of your business technology, business strategy, customer lists, market targets and projected budget forecasts (Your Confidential Information).

9. Bingarra will:

   1. keep Your Confidential Information absolutely secret;

   2. only use Your Confidential Information for the Purpose; and

   3. not reproduce or record Your Confidential Information except to the extent necessary for the Purpose.

10. Bingarra’s obligations of confidence will not apply to any of Your Confidential Information which it can prove:

1. is or becomes generally available to the public otherwise than by reason of breach of an obligation of confidence owed to you;

2. is known to Bingarra and is at its free disposal, having been generated independently by it or a third party in circumstances where it has not been derived directly or indirectly from Your Confidential Information;

3. is subsequently disclosed to Bingarra without obligations of confidence by a third party owing no such obligations to you in respect of Your Confidential Information; or

4. is required by law to be disclosed.

1. Bingarra’s obligations of confidence will continue until the first anniversary of your Free Consult booking.

2. Nothing in these terms and conditions will prevent Bingarra from having a Free Consult with, entering into a Contract for Services with, or otherwise engaging with any other person, provided that Bingarra does not breach any obligation of confidence set out above.