Business Kitz Website Terms of Use

Business Kitz Australia Pty Ltd ACN 648 465 025 (“Business Kitz”, “we” or “our”) owns and operates the made available at www.businesskitz.com.au (“Website”). You will be referred to throughout these Terms of Use as “you” or “your”. Access to and use of this Website, and the services and products available and advertised through this Website (“Services”) is subject to the following terms, conditions and notices (“Terms of Use”).

By accessing the Website, you are agreeing to these Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to these Terms of Use.

If you sign up or are invited as a user of our software platform, there are separate Terms and Conditions which govern your use of the software platform, please follow this link to be redirected to the relevant Terms and Conditions for the software platform.

1. Website Use
1. 1.1 We may, at any time, enhance and/or alter the features of the Website at our sole discretion and without notice to you.
2. 1.2 We reserve the right to monitor your use of the Website, through cookies and other means, for the purpose of obtaining insights about how users use the Website and ensuring you are complying with these Terms of Use.
3. 1.3 You will not be charged a fee for accessing our Website. However, please be aware that our Website offers Services that may come with associated charges if you decide to make a purchase and/or sign up as a user. These fees will be clearly detailed in the respective terms and conditions for each Service, notified to you at the time of purchase.
4. 1.4 If you breach or disagree with any of these Terms of Use, you must discontinue using and accessing our Website immediately.
2. Your Responsibilities
1. 2.1 You Must:
  1. (a) ensure that any information you provide to us is true, accurate and complete.
  2. (b) promptly follow all directions from us in respect to your conduct in connection with the Website.
  3. (c) familiarize yourself and follow any of the policies published by us at all times in connection with the provision of the Website.
  4. (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.
  5. (e) comply with all applicable laws and regulations when using the Website.
  6. (f) bear all costs and expenses related to your use of the Website.
2. 2.2 You Must Not:
  1. (a) misuse the Website.
  2. (b) add, remove, change, hack or otherwise interfere with the Website.
  3. (c) use the Website in a way that violates applicable laws, violates the intellectual property rights or other rights of us or others, or is fraudulent, obscene, unprofessional, offensive, misleading, or defamatory.
  4. (d) post reviews or commentary to promote deceptive, offensive, or extreme opinions or engage in any other illegal, malicious, or deceptive activities.
  5. (e) except as permitted under these Terms of Use, 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 Website.
3. Intellectual Property
1. 3.1 You acknowledge that we retain exclusive ownership and control of the intellectual property rights in all software and content (including photographic images) made available to you on or through this Website.
2. 3.2 You hereby grant to us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Website any general suggestions, enhancement requests, recommendations or other feedback provided by you.
3. 3.3 We expressly reserve all copyright in our Website and in all content contained therein.
4. 3.4 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, unless it is for any legitimate business or personal purpose and provided that any copyright notice is not removed.
4. Limitation of Liability and Indemnity
1. 4.1 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 Website or to your downloading of any material posted on it, or on any websites linked to ours.
2. 4.2 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy.
3. 4.3 We exclude all other terms, conditions, warranties and guarantees which might be implied into these Terms of Use.
4. 4.4 Subject to clause 4.2, our total and aggregate liability for loss suffered or sustained by you in connection with the provision of the Website 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 of Use, will be limited to the fees paid by you (if any) for the Services or the cost of providing you access to the Website again.
5. 4.5 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 Website or your breach of the Terms of Use, except to the extent such loss arises from our negligence or willful misconduct.
5. Disclaimer
1. 5.1 Business Kitz is neither a law firm nor a firm that provides professional advice of any other kind. The information provided on our Website 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 Website’s accuracy, currency or completeness to the maximum extent permitted by law. Using, receiving information from, downloading from, or otherwise interacting with our Website does not mean that we become your lawyers or that a solicitor-client relationship is formed.
2. 5.2 You should make your own enquiries before acting or relying on any information or material which is made available to you pursuant to our Website, 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 Website and provided by us are in no way a substitute for these types of services and are especially not a substitute for legal services.
3. 5.3 Whilst we endeavour to take reasonable care in preparing and maintaining the information on the Website, we do not warrant the accuracy, reliability, adequacy, or completeness of the content contained herein. You acknowledge and accept that the Website content may include technical inaccuracies and typographical errors.
4. 5.4 We may disclose information you provide to us in good faith and where we are required to do so:
  1. (a) by law or by any court;
  2. (b) to enforce the terms of any of our customer agreements;
  3. (c) to protect the rights, property or safety of Business Kitz, its customers or third parties;
  4. (d) for generally accepted marketing purposes; or
  5. (e) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
6. Privacy Policy
1. 6.1 Our privacy policy, which sets out how we will use your information, can be found at www.businesskitz.com.au/privacy-policy ("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.
2. 6.2 Subject to our Privacy Policy, we may use such material for any purpose without compensation or notice.
7. Website links
1. 7.1 This Website 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 of Use and service contained within each such site.
2. 7.2 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).
3. 7.3 We reserve the right to withdraw linking permission without notice.
8. Variation
1. 8.1 Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Terms of Use without notice. From time to time, we may restrict access to some parts or all of this Website.
2. 8.2 We will endeavour to notify you of any changes to these Terms of Use in writing.
3. 8.3 If you continue to enjoy the benefit of and access the Website following any amendment to these Terms of Use, you will be taken to have agreed to comply with the Terms of Use as changed.
9. General
1. 9.1 These Terms of Use prevail in the event that anything in, or associated with, the provision of the Website is inconsistent with these Terms of Use.
2. 9.2 All or any part of these Terms of Use that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
3. 9.3 Any failure by Business Kitz to enforce any provision of these Terms of Use shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
4. 9.4 These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Business Kitz and supersede any prior versions of these Terms of Use and all other communications whether oral or written, express or implied.
10. Governing law
1. 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 Website.