Website Terms Of Use
Clarke Syndicate Pty Ltd, trading as BNB Success (Website Owner), owns and operates this website (Website).
The following Website terms of use (Terms of Use) govern your access to and use of this Website and the products and services available through this Website (Goods and Services).
By using this Website and any related Goods and Services, you are agreeing to all of the Terms of Use, current at the time of your use of the Website.
1 Amendments to the Website Terms of Use
The Website Owner reserves the right to amend these Terms of Use from time to time at its discretion (Amendments). Amendments will be effective immediately. Where practicable we will endeavour to notify you of the Amendments to the Terms of Use. Your continued use of the Website following any such Amendment will represent an agreement by you to be bound by the Amendments to the Terms of Use. We suggest you check the Terms of Use regularly to ensure you are aware of the most up to date terms.
2 Website
Access to the Website is permitted on a temporary and limited basis for the purpose of browsing the Website and interacting with the Website Owner. We reserve the right to withdraw or amend the Website and any Good or Services listed on the Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
3 Linked Sites
This Website may contain links to other websites (Linked Sites), which are not operated by Website Owner. The Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such Linked Sites, if any.
4 Privacy policy
Our privacy policy, which sets out how we will use your information, can be found at https://bnbsuccess.com.au/privacy-policy. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.
5 Prohibitions
(a) Access to the Website is provided to you on the basis that you must not misuse this Website. Accordingly, you will not do any of the following:
- (i) commit or encourage a criminal offence;
- (ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- (iii) hack into any aspect of the Website; corrupt data; cause annoyance to other users;
- (iv) maliciously interrupt the purchase of Goods and Services from the Website;
- (v) infringe upon the rights of any other person's proprietary rights;
- (vi) send any unsolicited advertising or promotional material (spam); or
- (vii) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
(b) You acknowledge that breaching this prohibitions clause would constitute a criminal offence and, if breached, the Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
(c) The Website Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
6 Intellectual property, software and content
The intellectual property rights in all software, the Goods and Services and Website content (including photographic images) made available to you on or through this Website remain the property of the Website Owner or its licensors and are protected by copyright laws and treaties around the world. The Website Owner and its licensor (where appropriate) reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
7 Disclaimer of liability
(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
(b) To the fullest extent permitted by law, the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Goods and Services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(c) This disclaimer does not affect the Website Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.
8 Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
9 Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.
10 Indemnity
You agree to indemnify, defend and hold harmless the Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.
11 Variation
The Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Goods and Services or any page of this Website.
12 Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.
13 Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints should be sent info@bnbsuccess.com.au.
14 Communication and Contact Consent
By accessing this Website, submitting your information through any format, including but not limited to:
- Facebook advertising
- Calendar booking links
- Instagram or other social media direct messages
- ManyChat or other social media automation systems
- Phone, email, SMS, or WhatsApp
- Any other form of communication
By submitting any personal information, you acknowledge and agree that BNB Success may contact you for the purposes of:
- Responding to your enquiries
- Providing services you have requested
- Sending appointment reminders
- Offering relevant products, promotions, or services
- Following up on database reactivation and marketing campaigns
- Periodically gauging your interest in our services or products
15 Consent and Withdrawal
By providing your information, you consent to receive communications as described above. You may withdraw your consent at any time by using the unsubscribe options provided in our communications or by contacting us directly. Please note that some operational communications, like service updates or appointment reminders, may still be required.
16 Transparency
Database reactivation communications may involve follow-ups about previous interactions or inquiries you have had with us. You are always informed about the purpose of these communications.
17 Your Rights
All communications and consent practices are in accordance with the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth). Your information will be handled securely, and you have the right to request access to or correction of your personal data.
Consent to receive communications as described in this Terms of Use applies from the moment you submit your personal information through any channel. By submitting your information, you acknowledge that BNB Success may contact you for the purposes outlined above.
Consent also covers services such as database reactivation, follow-up messaging, and marketing automations when there is a pre-existing relationship, such as submitting an enquiry, filling out a form, booking an appointment, or engaging with our team via phone, SMS, or WhatsApp.
18 Terms of Service – Introduction
Welcome to BNB Success, operated by Clarke Syndicate Pty Ltd ("BNB Success," "we," "us," or "our"). These Terms of Service ("ToS" or "Agreement") govern your access to and use of our services, including online educational courses, mentorship and coaching programs, and related software tools in the field of short-term rental and Airbnb property management and management (collectively, the "Services"). By accessing, using, or interacting with our Services, you ("User," "you," or "your") agree to be bound by these ToS and our Privacy Policy, which is incorporated by reference into this Agreement. If you do not agree to these ToS, you must discontinue your use of the Services immediately.
This Agreement forms a legally binding contract between you and Clarke Syndicate Pty Ltd, trading as BNB Success. Please read these ToS carefully. By accepting these ToS, you also acknowledge and accept the Arbitration Agreement contained in Section 30, which waives your right to a jury trial and to participate in class actions.
19 Definitions
"Account": The account you create when you register to use our Services.
"Content": Any and all text, data, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials provided through the Services.
"Data": Any information, including Personal Data, that you provide or that is collected from you in connection with your use of the Services.
"Personal Data": Any information relating to an identified or identifiable individual, as defined under applicable privacy laws.
"Sales Kick": The platform provider we use as a subcontractor for processing and enriching your data, operating solely on our behalf and under our control. Sales Kick is not a party to this Agreement.
"Third-Party Services": Any services or products provided by entities other than BNB Success that are made available through our Services.
20 Acceptance of Terms
By accessing or using the Services, you affirm that you are at least 18 years of age, or the age of majority in your jurisdiction, and are capable of entering into a legally binding agreement. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these ToS.
21 Modification of Terms
We reserve the right, at our sole discretion, to modify, update, or change these ToS at any time. Such changes will be effective upon posting the updated ToS on our website or platform. You should review these ToS regularly. Your continued use of the Services after any changes to these ToS constitutes your acceptance of the revised ToS. If you do not agree to the new terms, you must stop using the Services immediately.
22 Services Overview
a. Description of Services
BNB Success provides online educational courses, mentorship and coaching programs, structured training content, community access, and related support and resources in the field of short-term rental and property management. These Services are designed to provide education, guidance, and practical frameworks to help you develop the knowledge and skills to establish and operate a short-term rental business, access experienced mentorship and support, and build your understanding of property management strategies and systems.
b. Third-Party Subcontractors
To enhance the functionalities of our Services, we use the Sales Kick platform as a subcontractor to process and enrich your data. Sales Kick operates solely under our direction and is not a party to this Agreement. You will not interact directly with Sales Kick, and your data will be processed as part of our integrated service offering.
c. Service Availability
While we strive to ensure the continuous availability of our Services, we cannot guarantee that the Services will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.
23 User Obligations and Conduct
a. Compliance with Laws
You agree to comply with all applicable laws, regulations, and industry standards when using the Services, including but not limited to privacy, data protection, intellectual property, and export control laws.
b. User Account Responsibilities
Account Information: You agree to provide accurate, current, and complete information when creating your Account and to update such information as necessary.
Security of Account: You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately if you suspect any unauthorized use of your Account.
c. Prohibited Activities
You agree not to:
- Use the Services for any illegal, unauthorized, or prohibited purpose.
- Infringe on the rights of others, including intellectual property rights.
- Interfere with or disrupt the Services, servers, or networks connected to the Services.
- Use any automated means (e.g., bots, scrapers) to access or collect data from the Services without our express permission.
- Impersonate any person or entity or misrepresent your affiliation with a person or entity.
- Use the Services to transmit any malicious software, viruses, or other harmful code.
- Engage in any activity that could damage, disable, or impair the functioning of the Services.
24 Data Privacy and User Consent
a. Data Collection and Processing
Personal Data: We collect and process your Personal Data as part of providing the Services. This may include data you provide directly, data we collect automatically, and data we obtain from third-party sources.
Data Enrichment: Your data may be enriched through the Sales Kick platform, which processes your information on our behalf to enhance the accuracy, relevance, and utility of the Services we provide to you.
b. User Consent
By using our Services, you consent to:
- The collection, processing, and sharing of your data as described in these ToS and our Privacy Policy.
- The use of your data for the purpose of improving, customizing, and optimizing the Services, including through data enrichment and calendar management.
- The sharing of your data with Sales Kick, our subcontractor, solely for the purpose of providing the Services.
- The transfer of your data to and from third-party service providers, as necessary to deliver the Services.
I understand by submitting an application to book a sales call, I am providing written instructions authorizing BNB Success and affiliates to obtain my personal credit profile or other information from credit reporting agencies under the FCRA solely to conduct a credit pre-qualification. I further understand that this is a soft pull and will not harm my credit in any way whatsoever.
c. Data Sharing and Disclosure
Subcontractors and Service Providers: We may share your data with subcontractors, including Sales Kick, who assist us in providing the Services. These parties are bound by confidentiality and data protection obligations and will not use your data for any purpose other than to perform the Services on our behalf.
Legal Compliance: We may disclose your data to comply with legal obligations, such as in response to court orders, legal processes, or government requests.
d. Data Security
Security Measures: We implement reasonable security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
User Responsibilities: You are responsible for safeguarding the device and network through which you access the Services. You should ensure that your software and systems are up to date and that you take appropriate precautions to protect your data.
25 Intellectual Property Rights
a. Ownership
All intellectual property rights in the Services, including but not limited to software, content, trademarks, and logos, are owned by BNB Success or its licensors. Your use of the Services does not grant you any rights to our intellectual property, except for the limited rights necessary to use the Services in accordance with these ToS.
b. License to Use the Services
Subject to your compliance with these ToS, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.
c. Restrictions
You may not:
- Copy, modify, distribute, sell, or lease any part of our Services or included software.
- Reverse engineer or attempt to extract the source code of any software used in the Services, except as expressly permitted by applicable law.
- Use any of our intellectual property, including trademarks, logos, or content, without our express written consent.
26 Representations and Warranties
a. User Representations and Warranties
You represent and warrant that:
- Authority: You have the legal authority to enter into and comply with these ToS.
- Accuracy of Information: All information you provide in connection with your use of the Services is accurate, complete, and current.
- Compliance with Laws: You will comply with all applicable laws, regulations, and industry standards in your use of the Services.
- No Infringement: Your use of the Services does not and will not infringe on the intellectual property, privacy, or other rights of any third party.
- No Harmful Activities: You will not engage in any activity that is harmful to us, Sales Kick, our other users, or the general public, including the transmission of viruses, malware, or other harmful code.
b. Third-Party Client Representations and Warranties
BNB Success represents and warrants that:
- Compliance with Laws: We will comply with all applicable laws, including data protection and privacy laws, in providing the Services.
- No Conflict: Our provision of the Services does not and will not conflict with any other agreement or legal obligation to which we are subject.
- Data Security: We will implement reasonable security measures to protect your data and ensure that our subcontractors, including Sales Kick, comply with applicable data protection obligations.
- Service Continuity: We will make commercially reasonable efforts to ensure the continuous availability of the Services, subject to the limitations set forth in these ToS.
c. Disclaimer of Warranties
Except as expressly provided in these ToS, the Services are provided "as-is" and "as-available" without any warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties arising from course of dealing, course of performance, or usage in trade.
27 Limitation of Liability
a. Exclusion of Damages
To the fullest extent permitted by law, BNB Success, Sales Kick, and their affiliates, officers, agents, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or use, arising out of or related to your use of the Services, even if advised of the possibility of such damages.
b. Cap on Liability
In no event shall the total liability of BNB Success, Sales Kick, and their affiliates to you for all claims arising out of or related to these ToS or your use of the Services exceed the amount you paid to us for the use of the Services in the 12 months preceding the claim.
c. No Liability for Third-Party Services
We are not responsible for any Third-Party Services made available through the Services. Your use of Third-Party Services is at your own risk, and we make no representations or warranties regarding such services.
28 Indemnification
You agree to indemnify, defend, and hold harmless BNB Success, Sales Kick, and their affiliates, officers, agents, employees, partners, and licensors from any claim, demand, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- Your use of the Services.
- Your breach of these ToS or violation of any applicable laws or the rights of a third party.
- Any claims that your use of the Services infringes the intellectual property rights of a third party.
- Any data or content you provide or create through the Services.
29 Termination
a. Termination by You
You may terminate your use of the Services at any time by ceasing to use the Services and, if applicable, closing your Account.
b. Termination by Us
We reserve the right to suspend or terminate your access to the Services at any time, without notice or liability, for any reason, including if we believe you have violated these ToS or engaged in unlawful behavior.
c. Effects of Termination
Upon termination of your access to the Services, your right to use the Services will immediately cease. Any provisions of these ToS that by their nature should survive termination will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
30 Dispute Resolution and Governing Law
a. Governing Law
These ToS and any disputes arising out of or related to them will be governed by the laws of Victoria / Australia, without regard to its conflict of laws principles.
b. Arbitration Agreement
i. Arbitration
You and BNB Success agree that any dispute, controversy, or claim arising out of or relating to these ToS, the Services, or any relationship between the parties, including claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration using Australian courts or VCAT.
The arbitration shall be administered by Australian courts or VCAT under its applicable rules, e.g., Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be conducted by a single arbitrator with experience in resolving disputes related to the type of services provided by BNB Success. The arbitrator's decision shall be final and binding on all parties.
The arbitration shall take place in Victoria, Australia, or at another mutually agreed location. If the amount in controversy does not exceed $10,000, you may choose to have the arbitration conducted by telephone, video conference, or based solely on written submissions, subject to the discretion of the arbitrator.
The parties shall share the costs of arbitration, including arbitrator fees, equally, unless the arbitrator determines that such apportionment is not appropriate given the circumstances of the case. Each party shall bear its own legal fees and expenses, unless the arbitrator awards legal fees and costs to the prevailing party under applicable law.
You agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding.
If any portion of this Arbitration Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect. However, if the class action waiver in this Arbitration Agreement is found to be unenforceable, the entire Arbitration Agreement shall be null and void.
In the event that this Arbitration Agreement is found not to apply to a dispute, you and BNB Success agree that any non-arbitrable disputes shall be resolved exclusively in the state or federal courts located in Victoria, Australia, and you consent to venue and personal jurisdiction in such courts.
Any arbitration proceedings, documents, and information exchanged between the parties in connection with such proceedings, and any final arbitration award, shall be strictly confidential, except as necessary to enforce or challenge the arbitration award in a court of law, or as required by law.
31 Miscellaneous
a. Entire Agreement
These ToS, together with our Privacy Policy, constitute the entire agreement between you and BNB Success concerning the Services and supersede any prior agreements, whether written or oral.
b. Severability
If any provision of these ToS is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these ToS and shall not affect the validity and enforceability of any remaining provisions.
c. Waiver
No waiver of any term of these ToS shall be deemed a further or continuing waiver of such term or any other term, and BNB Success's failure to assert any right or provision under these ToS shall not constitute a waiver of such right or provision.
d. Assignment
You may not assign your rights or obligations under these ToS without our prior written consent. We may assign our rights and obligations under these ToS without restriction.
e. Force Majeure
We shall not be liable for any failure or delay in our performance under these ToS due to causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, supply chain disruptions, pandemics, power outages, or governmental restrictions.
f. Headings
The headings used in these ToS are for convenience only and have no legal or contractual effect.
g. Contact Information
For any questions or concerns regarding these ToS, please contact us at accounts@bnbsuccess.com.au.
Last updated: 29 July 2026
