Terms & conditions
for miXabroad participation
These Terms and Conditions govern access to miXabroad onboarding materials, registration forms, survey instruments and related documentation prior to execution of a formal Services Agreement. By registering for miXabroad services, accessing onboarding materials, or otherwise engaging with miXabroad during the onboarding process, the Partner agrees to these Terms and Conditions.:
1. Purpose of registration
Registration with miXabroad allows the Partner to:
- access onboarding and survey materials;
- review and customise survey content where applicable;
- participate in onboarding discussions and implementation planning;
- receive pricing and participation information; and
- prepare for participation in miXabroad benchmarking services.
Registration does not guarantee participation in miXabroad benchmark services.
2. Survey and Onboarding Marterials
The Survey, onboarding materials, onboarding forms, benchmarking methodologies and related documentation made available by miXabroad (Materials) are proprietary to miXabroad and remain the intellectual property of miXabroad.
The Materials are provided solely for the purposes of evaluating, onboarding and participating in miXabroad services.
The Partner must not reproduce, distribute, disclose, commercialise or otherwise use the Materials other than for the purposes contemplated by these Terms and Conditions without miXabroad’s prior written consent.
3. Confidentiality
Each Party agrees to keep confidential any non-public information disclosed by the other Party during the onboarding, registration or implementation process which ought reasonably be considered confidential based on its nature or content.
This obligation does not apply to information which:
- is publicly available other than through a breach of these Terms and Conditions;
- is required to be disclosed by law or regulatory authority; or
- is independently developed or obtained without breach of confidentiality obligations.
Standard package information and pricing are available on the miXabroad website, see: Packages and Pricing. Where customised pricing, discounts or partnership arrangements are discussed, participation fees remain subject to confirmation by miXabroad. miXabroad may issue invoices or commence onboarding activities prior to execution of a formal Services Agreement.
5. Future Services Agreement
Participation in miXabroad benchmarking services is subject to execution of a separate Services Agreement between the Parties.
The Services Agreement will govern matters including:
- delivery of services;
- data ownership and usage;
- benchmarking and reporting rights;
- privacy and confidentiality obligations;
- intellectual property rights; and
- ongoing participation terms.
In the event of any inconsistency between these Terms and Conditions and a subsequently executed Services Agreement, the Services Agreement will prevail.
6. Limitation of Liability
To the maximum extent permitted by law, miXabroad shall not be liable for any indirect or consequential loss arising out of or in connection with these Terms and Conditions, onboarding activities, or access to Materials.
7. Governing Law
These Terms and Conditions are governed by the laws of New South Wales, Australia.
Any disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.