These terms and conditions were last updated in February 2025.
Overview
Business Kitz Australia Pty Ltd ACN 648 465 025 (“Business Kitz”, “us”, “we” or “our”) owns and operates the Platform made available at https://app.businesskitz.com.au/ and https://app.businesskitz.com/ (“Platform”). You will be referred to throughout these Terms and Conditions as “you” or “your”.
Access to and use of the Platform, and the services and products available and advertised through the Platform, are subject to the following terms, conditions and notices (“Terms and Conditions”). By registering as a user on the Platform, making payment or accessing the Platform, you acknowledge and agree that you have read and understood these Terms and Conditions and you agree to be bound by them. If you do not agree to these Terms and Conditions, please do not access the Platform.
Please note that these Terms and Conditions apply to all persons who use the Platform, whether or not they are the entity who pays for the Platform or whose name is on the account on the Platform.
If you (the person accepting this Terms and Conditions) are accepting these Terms and Conditions on behalf of your employer or another entity, you agree that: (i) you have full legal authority to bind your employer or such entity to these Terms and Conditions, and (ii) you agree to these Terms and Conditions on behalf of your employer or such entity.
If you are accepting these Terms and Conditions using an email address from your employer or another entity, then: (i) you will be deemed to represent that party, (ii) your acceptance of this Terms and Conditions will bind your employer or that entity to these terms, and (iii) the word “you” or “Customer” in this Terms and Conditions will refer to your employer or that entity.
- 1. Definitions and interpretation
- 1.1 In this Terms and Conditions the following have the definitions therein:
- (a) Australian Consumer Law means the Competition and Consumer Act 2010 (Cth);
- (b) Confidential Information includes any information marked as confidential and any information received during the term of these Terms and Conditions, including information about Business Kitz’s business, Platform, operations, affairs, clients, strategy, technology, customers, employees, contractors or suppliers, which is not publicly available;
- (c) Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, service marks, designs, frameworks, structures, algorithms, source code, object code, documents, patents, circuit layouts, business and domain names, database rights, Confidential Information, know how, inventions and other intellectual property existing anywhere in the world, whether or not registered or capable of registration, and any goodwill associated with such activity and any account, application, renewals and extensions of such rights; and
- (d) Platform means any Business Kitz product or service acquired through our website https://businesskitz.com.au/ or available here https://app.businesskitz.com.au/.
- 2. Platform
- 2.1 We provide the Platform to you.
- 2.2 We grant you a non-exclusive, non-transferable, worldwide, limited, revocable licence to use the Platform and materials contained therein for business use in accordance with these Terms and Conditions.
- 2.3 We may, at any time, enhance and/or alter the features of the Platform at our sole discretion and without notice to you.
- 2.4 We reserve the right to monitor your use of the Platform, through cookies and other means, for the purpose of obtaining insights about how users use the Platform and ensuring you are complying with these Terms and Conditions.
- 2.5 If you breach or disagree with any of these Terms and Conditions, you must discontinue using and accessing our Platform immediately.
- 3. Your responsibilities
- 3.1 You must:
- (a) ensure that any information you provide to us is true, accurate and complete;
- (b) promptly follow all directions from us in respect to your conduct in connection with the Platform;
- (c) familiarise and follow any of the policies published by us at all times in connection with provision of the Platform;
- (d) at all times in dealings with us, clients of ours, partners, sponsors, suppliers and contractors conduct yourself in a manner that protects and enhances our reputation;
- (e) comply with all applicable laws and regulations when using the Platform; and
- (f) bear all costs and expenses related to your use of the Platform;
- (g) ensure that any information you provide to us is true, accurate and complete;
- (h) at all times in dealings with us, clients of ours, partners, sponsors, suppliers, employees and contractors conduct yourself in a manner that protects and enhances our reputation; and
- (i) comply with all applicable laws and regulations when using the Platform.
- 3.2 You warrant that you are at least 18 years old or warrant that you have obtained the permission and supervision of a parent or legal guardian before accessing the Platform.
- 3.3 You must not:
- (a) misuse the Platform;
- (b) add, remove, change, hack or otherwise interfere with the Platform;
- (c) resell, reframe, distribute or on-sell the Platform;
- (d) include the Platform or any of its functions in any service bureau or outsourcing or managed service offering;
- (e) modify or adapt or create derivative works of the functionality of the Platform;
- (f) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Platform;
- (g) build or engage anyone else to build a competitive service or platform;
- (h) copy any features, functions or graphics of the Platform;
- (i) use the Platform to access services other than the features you are entitled to use;
- (j) use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
- (k) post reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities; and/or
- (l) except as permitted under these Terms and Conditions, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or materials made available through the Platform.
- 3.4 If you breach clauses 3 or 3.3 of these Terms and Conditions, you acknowledge that we reserve the right to report any such breach to the relevant law enforcement authorities and disclose your identity to them. In addition, we reserve the right to suspend or terminate your access to the Platform at our sole discretion without notice.
The section applies to you if you are the entity registered as the entity who pays for the Platform
- 4. Fees and payment
- 4.1 The fees and charges will be payable by the nominated billing entity associated with your account on the Platform, either on an on-ongoing monthly subscription basis or an annual subscription basis, depending on your subscription.
- 4.2 The fee associated with your use of the Platform will be disclosed to and payable by the nominated billing entity prior to your access of the Platform. The fee will be dependent on the subscription and billing cycle that the nominated billing entity has selected, as reflected on our pricing page. The nominated billing entity is responsible for payment of the fee, in order for you to access the Platform.
- 4.3 All fees are specified in USD or the currency of the United States of America and are inclusive of taxes. We reserve the right to change the fees for any chargeable service or feature on the Platform at any time and will provide the nominated billing entity with written notice in accordance with these Terms and Conditions where the price is varied.
- 4.4 The fee associated with your subscription for the Platform will automatically renew as per your selected billing cycle unless your account is closed or cancelled. If you wish to cancel your subscription you must contact us in writing. is closed or cancelled. If you wish to cancel your subscription you must contact us in writing. Please refer to our Cancellation and Refund Policy for details in respect of cancelling your subscription.
- 4.5 If payment is dishonoured (i.e. the credit card is declined or expired) the nominated billing entity will be notified of the unsuccessful payment and the nominated billing entity will be directed to make payment within seven (7) days of the notification. If the nominated billing entity fails to make payment within seven (7) days, we may take any action reasonable to recover the fees related to your subscription or disable your access to the Platform.
- 4.6 You acknowledge that at the end of each billing cycle, the nominated billing entity may incur additional fees as a result of an increase in subscription quantity, and the nominated billing entity agrees to pay these fees. We reserve the right to apply these fees to the bill at our discretion. In the event of a significant increase in subscription quantity, we may bill the nominated billing entity immediately to ensure timely payment. By using our Platform, you accept and agree to these Terms and Conditions, including the payment of any applicable fees as outlined herein.
- 5. Intellectual property
- 5.1 You acknowledge that we retain exclusive ownership and control of the intellectual property rights in all software and materials (including all documents and templates) embedded within and/or made available to you on or through this Platform.
- 5.2 You hereby grant to us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Platform any general suggestions, enhancement requests, recommendations or other feedback provided by you.
- 5.3 We expressly reserve all copyright in our Platform and in all materials contained therein.
- 5.4 You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the materials supplied to you or which appears on this Platform, unless it is for any legitimate business purpose and provided that any copyright notice is not removed.
- 6. Data
- 6.1 Using the Platform will require you to provide us with information about yourself, your employees, your company, its operations and other information which is not personal information (“Data”).
- 6.3 You warrant that you have obtained all necessary rights, releases, and permission to submit the Data and you hereby grant to us a perpetual, worldwide, non-exclusive, transferable licence to enable us to use the Data to provide the Platform, improve the Platform functions, share the Data with third-parties and for our own records.
- 6.4 We may make the Data available to other companies, organisations, or individuals to use on a de-identifiable basis. No compensation will be paid to you with respect to the Data that you submit on the Platform. You should only submit Data on the Platform that you are comfortable sharing with others in accordance with these Terms and Conditions.
- 6.5 We have no obligation to monitor any content or Data uploaded by you to the Platform. Nonetheless, if we deem that you have violated these Terms and Conditions, then we may exercise our right to terminate or suspend your access to the Platform as set out in clause 13 of these Terms and Conditions.
- 7. Privacy
- 7.1 We will handle any Personal Information (as defined in the Privacy Act 1988 Cth) in accordance with the Privacy Act 1988 (Cth), as amended from time-to-time and our Privacy Policy located at. In this provision, Personal Information has the meaning given under the Privacy Act 1988 (Cth).
- 7.2 By using the Platform, you consent to the processing described the Privacy Policy and warrant that all data provided by you is accurate and current.
- Subject to our Privacy Policy, we may use such material for any purpose without compensation or notice.
- You are responsible for obtaining all relevant consents from, and providing all relevant notices to, individuals whose Personal Information is provided by you to us when using or accessing the Platform so as to ensure that our dealings with that information comply with our obligations under any applicable privacy legislation.
- You must indemnify us against, and must pay us on demand the amount of, all losses, liabilities, costs and expenses arising out of its failure to comply with this clause 7.
- You must immediately notify us if you become aware of any unauthorised access to, or unauthorised disclosure of, Personal Information under its control, and provide advice as to whether it considers that such security breach may result in serious harm to any individual to whom the information relates.
- 8. Limitation of liability and indemnity
- 8.1 To the extent permitted by law, we 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 Platform or to your downloading of any material posted on it, or on any websites linked to ours.
- 8.2 You acknowledge and agree that we provide guidance, materials and resources and to allow you to make decisions and access materials and information and we are not responsible for and has no liability to you in respect of the use, implementation and operation of any of the guidance, materials, resources and/or features in connection with the Platform.
- 8.3 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Platform is provided without any guarantees, conditions, or warranties as to its accuracy.
- 8.4 We exclude all other terms, conditions, warranties and guarantees which might be implied into these Terms and Conditions.
- 8.5 Subject to clause 8.2, our total and aggregate liability for loss suffered or sustained by you in connection with the provision of the Platform whether arising as a result of breach of contract, in tort (including negligence) under statute or common law and/or whether or not arising pursuant to an indemnity in these Terms and Conditions, will be limited to the fees paid by you (if any) for the Services or the cost of providing you access to the Platform again.
- 8.6 You agree to indemnify, defend and hold harmless Business Kitz, 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 Platform or your breach of the Terms and Conditions, except to the extent such loss arises from our negligence or willful misconduct.
- 9. Disclaimers
- 9.1 We are neither a law firm nor a firm that provides professional advice of any other kind. The information provided on our Platform is of a general nature only, and does not in any way, shape, or form, constitute legal, financial, insurance, investment, accounting, or other professional advice. We do not represent, warrant, or guarantee our Platform’s accuracy, currency or completeness to the maximum extent permitted by law. Using, receiving information from, downloading from, or otherwise interacting with our Platform does not mean that we become your lawyers or that a solicitor-client relationship is formed.
- 9.2 You should make your own enquiries before acting or relying on any information or material which is made available to you pursuant to our Platform, the content contained herein, and contact with our consultants. You should consult with a qualified lawyer, financial advisor, insurer, accountant or other professional in your jurisdiction to provide you with the appropriate guidance where relevant. The information contained herein this Platform and provided by us are in no way a substitute for these types of services and are especially not a substitute for legal services.
- 9.3 Whilst we endeavour to take reasonable care in preparing and maintaining the information on the Platform, we do not warrant the accuracy, reliability, adequacy, or completeness of the content contained herein. You acknowledge and accept that the Platform content may include technical inaccuracies and typographical errors.
- 9.4 We may disclose information you provide to us in good faith and where we are required to do so:
- (a) by law or by any court;
- (b) to enforce the terms of any of our customer agreements;
- (c) to protect the rights, property or safety of Business Kitz, its customers or third parties;
- (d) for generally accepted marketing purposes; or
- (e) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
- 10. Availability of the Platform
- 10.1 We will, to the best of our ability, ensure the Platform is available for access at all times but we are not responsible if you are not able to access the Platform as a result of:
- (a) us undertaking preventative or remedial maintenance; or
- (b) as a result of any circumstances beyond our control.
- 11. Platform links
- 11.1 This Platform may contain links to other websites, which are not operated by us. We have no control over these linked websites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of these sites will be subject to the Terms and Conditions and service contained within each such site.
- 11.2 Any link to another website (including that of a third-party provider) does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products and/or services which they provide (including their services).
- 11.3 We reserve the right to withdraw linking permission without notice.
- 12. Termination and Suspension
- 12. 1 We reserve the right to suspend or terminate your right to use the Platform if, at any time, you breach these Terms and Conditions.
- 12.2 You may terminate your use of the Platform at any time by closing your account.
- 12.3 If the Platform is shut down for any reason (“Closure”) we will give you as much notice as is practicable of a Closure. In this case we will have no liability to any user and/or billing entity for any subscription fees that may have been received and do not result in access to the Platform as a result of the Closure.
- 13. Variation
- 13.1 Access to this Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the Terms and Conditions without notice. From time to time, we may restrict access to some parts or all of this Platform.
- 13.2 We will endeavour to notify you of any changes to these Terms and Conditions in writing.
- 13.3 If you continue to enjoy the benefit of and access the Platform following any amendment to these Terms and Conditions, you will be taken to have agreed to comply with the Terms and Conditions as changed.
- 14. General
- 14.1 These Terms and Conditions prevail in the event that anything in, or associated with, the provision of the Platform is inconsistent with these Terms and Conditions.
- 14.2 All or any part of these Terms and Conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
- 14.3 Any failure by Business Kitz to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
- 14.4 These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Business Kitz and supersede any prior versions of these Terms and Conditions and all other communications whether oral or written, express or implied.
- 14.5 These Terms and Conditions shall be governed by and construed according to the laws in force in the state of Queensland, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland. This applies regardless of your location when using the Platform.