Please carefully read these general terms and conditions (“Terms and Conditions”) for the Business Kitz website and products including, but not limited to the provision of a collection or an individual copy of human resource documents, resources, agreements, policies, frameworks and guides available on the Business Kitz website (“Product(s)”). The Products will be provided as mutually agreed to by both parties in accordance with these Terms and Conditions and the Product Description.
Parties: You will be referred to throughout these Terms and Conditions as “you” or “your”. Business Kitz Australia Pty Ltd ACN 648 465 025 and Associated Entities will be referred to throughout as “Business Kitz” or “we” or “our”.
Overview: The Business Kitz Website Terms and Conditions include these Terms and Conditions, the Business Kitz Privacy Policy, the relevant Product Description and any other terms and conditions that appear in or are linked to the Business Kitz website (“Business Kitz Software Licence Terms of Use”).
The Business Kitz Software Licence Terms of Use that appear on Business Kitz’ website will govern your use of, and access to, certain sections of the Business Kitz software and website where they appear. Since these Business Kitz Software Licence Terms of Use form part of the Terms and Conditions, you are bound by them and should review them wherever they are relevant to you when using the Business Kitz software and/or website.
Business Kitz Products are designed to streamline, systemise and help manage common business and human resources requirements and obligations faced by Australian businesses. Business Kitz is not a law firm and as such the supply of the Products is not the provision of legal services. The Products are standard templates and are not designed to suit your specific needs, objectives or circumstances and do not amount to legal or other advice. Using, receiving information from, downloading from, or otherwise interacting with our website, or purchasing any of the Products, does not mean that we become your lawyers or that a solicitor-client relationship is formed.
- Definitions
In these Terms and Conditions, unless the context or subject matter otherwise requires:- Agreement Date means, for the purpose of use of the Business Kitz website, the Agreement Date is the date you visit the website and for the purpose of purchasing Products, the Agreement Date is the date you purchase the Products from the Business;
- Associated Entities means Business Kitz Australia Pty Ltd and any other relevant associated entities;
- Claim means a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against an entity, however, arising and whether ascertained or unascertained, or immediate, future or contingent;
- Confidential Information includes any information provided by a party to the other which is, or can be inferred to have been, provided in commercial confidence or of a confidential nature, whether or not expressly marked “Confidential”, including any information relating to the commercial activities, technologies, business processes, customer, partner or supplier relationships, strategic information, know-how and any other information regarding the business of the disclosing party;
- Cookies means the small blocks of data created by our web server while you are using the Business Kitz website and placed on your computer or other device by your web browser;
- Intellectual Property means all intellectual property or industrial property anywhere in the world (whether registered, unregistered or unregistrable) including inventions, moral rights (where transferrable), ideas, concepts, discoveries, data, notes, compilations, databases, secret processes, formulae, scientific and technical information, Confidential Information, trademarks, images, content, documents, presentations, leaflets, brochures, business names, company names, service marks, copyright, designs, patents, know-how and trade secrets;
- Personnel means the officers, employees, consultants and agents of a business or company.
- Product Description means the details provided on the Business Kitz website about each Product, including, but not limited to the price, purpose and implementation instructions.
- Third-Party Products means any data, services, apps or products provided by businesses other than Business Kitz, including but not limited to, insurance policies provided by third-party insurers.
- Total Price means the price payable for the Product as advertised on the Product Description.
- Agreement to these Terms and Conditions
- Do not purchase any Business Kitz Products unless you have read these Terms and Conditions and agree that they govern your right to purchase the Products.
- You agree to these Terms and Conditions when you agree to purchase the Products. Your agreement to these Terms and Conditions via this clickwrap evidences your consent to be governed by the terms set out in these Terms and Conditions.
- You are not permitted to use this website unless you have read these Terms and Conditions and agree that they govern your right to use Business Kitz’s website to access the Products. Your use of the Business Kitz website evidences your agreement to be governed by these Terms and Conditions.
- It is your responsibility to ensure that your Personnel are made aware of these Terms and Conditions.
- Purchase of Products
- Your agreement to purchase the Products from the Business Kitz website constitutes your acceptance of these Terms and Conditions which takes effect on the Agreement Date.
- If you do not agree with these Terms and Conditions, you must not purchase any Business Kitz Products.
- If you are accepting these Terms and Conditions on behalf of a company or person that you represent, you warrant that you have the requisite authority to do so.
- Business Kitz reserves the right to vary, alter, replace or revoke (“Variations”) these Terms and Conditions without notice to you if:
- the Variation is likely to benefit you or have a minor or neutral detrimental impact on you; or
- by giving you 21 days’ notice of the Variation prior to the date the Variation is to take effect, if the Variation could be reasonably expected to adversely affect you.
- Business Kitz may provide such notice in writing, via email or by publishing a notice on the Business Kitz website.
- All changes are effective from the date they are made and your continued use of Business Kitz’ Products will constitute your acceptance of the variation of the Terms and Conditions. It is your responsibility to ensure you are aware of any changes to these Terms and Conditions.
- Products
- Business Kitz will provide the Products on or through the Business Kitz website.
- The Products will be provided to you by Business Kitz, upon confirmation of payment, in a downloadable PDF or Microsoft Word format.
- Fees and billing
- You agree to pay the Total Price for the Product and acknowledge that the Product will not be provided to you by Business Kitz until payment of the Total Price has been completed.
- You agree that by purchasing a Business Kitz Product, you will be billed at the point-of-sale on our website at the then-current price of that Product, as per the subscription terms.
- Intellectual Property
- All content displayed on the Business Kitz website and within our Products, including but not limited to information, documentation, photographs, graphic materials, and artwork, is the Intellectual Property of Business Kitz.
- Website content may be displayed and downloaded for any legitimate business or personal purpose provided that any copyright notice is not removed.
- You agree not to reproduce, disseminate, sell, publish, broadcast, or circulate any website content or Products to any third party without the express prior written consent of Business Kitz.
- Business Kitz expressly reserves all copyright in its website and Products and in all content contained therein.
- Business Kitz owns all Intellectual Property produced in the course of developing the Products and any other material developed as a result or in connection with the supply of the Products.
- Submissions
- Any material uploaded to the Business Kitz website or otherwise sent to Business Kitz via our website will be considered by us to be non-proprietary unless you indicate otherwise. This includes any data, questions, comments, suggestions, ideas, or other information.
- Subject to our Privacy Policy, Business Kitz may use such material for any purpose without compensation or notice.
- Any material uploaded to the Business Kitz website must not be malicious, offensive, or considered to be spam or solely promotional in nature. Business Kitz reserves the right to remove any uploaded material without notice.
- Privacy
- You acknowledge that information about you, including information provided to Business Kitz on purchasing the Products will be held by Business Kitz. This information is collected by Business Kitz for the purpose of providing the Products to you.
- When you send a completed online form or provide information through the Business Kitz website, we retain the information you have sent us. Business Kitz may then use that information to provide any Products that you require.
- Business Kitz does not at this time intend to sell or deal in personal or customer information. Business Kitz may however use your information in a general sense to create marketing statistics, identify user demands and to assist us in meeting customer needs generally. Business Kitz may use the information that you provide to improve its website and its Products.
- For information on how to gain access to your personal information, how Business Kitz use your personal information, provision of contact details or other privacy matters, please see Business Kitz’ Privacy Policy located on Business Kitz’ website.
- Cookies
- You acknowledge that our website uses Cookies and that the main purpose of these Cookies is to identify users of the Business Kitz website and to prepare customised web pages tailored to them.
- You acknowledge that whilst Cookies do not identify you personally, they may link back to a database record about you.
- Business Kitz use cookies to monitor usage of the Business Kitz website and to create a record of the following:
- when you visit the Business Kitz website;
- how frequently you visit the Business Kitz website;
- how frequently you access the Business Kitz website;
- how long you use the Business Kitz website for, the approximate location that you access the Business Kitz website from;
- whether you access the Business Kitz website from multiple devices;
- and what pages you view so that Business Kitz may serve you more effectively.
- Disclosure of information
- Business Kitz may disclose information in good faith and where Business Kitz is required to do so:
- by law or by any court;
- to enforce the terms of any of our customer agreements;
- to protect the rights, property or safety of Business Kitz, its customers or third parties;
- for generally accepted marketing purposes; or
- to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
- Website content and access
- Whilst Business Kitz endeavours to take reasonable care in preparing and maintaining the information on the Business Kitz website we do not warrant the accuracy, reliability, adequacy, or completeness of any website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
- It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.
- Business Kitz does not guarantee that access to the Business Kitz website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Business Kitz website or any data on such a computer.
- You access the Business Kitz website at your own risk. You must take your own precautions to ensure that the way you use the Business Kitz website does not expose you to the risk of viruses, malicious computer code or other forms of interference.
- You must not add, remove, change, hack or otherwise interfere with the Business Kitz website, its content, or any product used in the provision of Business Kitz’s Products.
- Express disclaimers
- To the fullest extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Business Kitz does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of the information or content on our website or within our Products. Business Kitz does not accept liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying upon any information included on the Business Kitz website. Nothing on our website or within our Products shall be construed as providing the user with advice.
- Business Kitz is neither a law firm nor a firm that provides professional advice of any other kind. The information provided on the Business Kitz 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. Business Kitz does not represent, warrant or guarantee our product’s accuracy, currency or completeness to the maximum extent permitted by law.
- You should make your own enquiries before acting or relying on any information or material which is made available to you pursuant to the Business Kitz website, contact with Business Kitz consultants or use our Products. 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 Products provided by Business Kitz are in no way a substitute for these types of services and are especially not a substitute for legal services.
- Limitation of liability
- To the maximum extent permitted by law:
- Business Kitz’s liability for any breach, act or omission of Business Kitz or its Personnel (whether based in contract, tort including negligence, common law, equity, statute or otherwise) is limited in aggregate to the Total Price paid by you for the Products;
- Business Kitz is not responsible for any liability arising from your loss of capital, loss of anticipated wages, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, economic, special or consequential, punitive, exemplary loss or damage or expense, including loss or damage for:
- breach of privacy;
- breach of security;
- loss of profits, revenue, time and/or goodwill; and
- loss of anticipated savings, opportunity and/or production.
- A Party’s liability under these Terms and Conditions, including any indemnity, will be reduced to the extent that the other Party caused or contributed to the relevant loss or liability.
- Indemnity
- You indemnify Business Kitz (and each of its officers, employees, consultants and agents (“Indemnified Parties”)) and must keep the Indemnified Parties indemnified against all loss, damage (including indirect and consequential loss and damage), Claims (including claims for receiving harassing, menacing or offensive communications and spam), liability, expenses (including legal costs), third-party Claims against Business Kitz relating to your use of the Products, insurance claims, dealings with Business Kitz staff, payment and/or outgoings incurred by or awarded against you arising directly or indirectly from:
- your use of the Products;
- non-performance of these Terms and Conditions;
- any unlawful, wilful or negligent act or omission by you, your employees, officers, agents, consultants or contractors in connection with the supply of the Products under these Terms and Conditions;
- a breach or default by you of your obligations (or any warranty) under these Terms and Conditions;
- any infringement of Business Kitz’ Intellectual Property rights caused or contributed to by you or your agents, employees, contractors, consultants or officers;
- damage to personal property; or
- injuries suffered by you and/or any person working within or in affiliation with your organisation in relation to the events carried out under these Terms and Conditions.
- Competition and consumer law
- Business Kitz complies with the Australian Consumer Law and provides all the Consumer Guarantees contained in the Competition and Consumer Act 2010 (Cth) to the extent they are applicable. Where Business Kitz breaches a warranty or guarantee which is implied by law into these Terms and Conditions and which cannot be lawfully excluded, then Business Kitz relies on section 64A of the Competition and Consumer Act 2010 (Cth). Accordingly, Business Kitz’s liability for any such breach shall be limited at our option, as long as it is fair and reasonable to do so, to any one or more of the following:
- where there is a supply of goods, to the replacement or resupply of equivalent goods, or payment of the cost of replacing the goods or acquiring equivalent goods;
- where there is a supply of services, to resupplying the services or payment of the cost of having the services resupplied.
- Non-excludable liability (if any)
- These Terms and Conditions do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
- Links to other websites
- Our website and Products may contain links to other websites. This does not necessarily imply sponsorship, endorsement, or any arrangement whatsoever between Business Kitz and the owners of the linked websites.
- Business Kitz takes no responsibility for any of the content, products, privacy policies or practices of any linked websites.
- The Business Kitz website may contain information provided by third parties. Business Kitz accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
- Business Kitz disclaims all responsibility for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such linked websites.
- Third-Party Products
- On the Business Kitz website, some Third-Party Products are available for you to purchase, including, but not limited to, insurance with our affiliates.
- You acknowledge that these Third-Party Products are subject to terms and conditions and privacy notices set by their providers. These include important things like pricing, refund policies, and how the provider will use your data that you make available to them.
- It is your responsibility to ensure that you have read and understood any third-party terms before entering into an arrangement with these providers. Business Kitz does not endorse or assume any responsibility for descriptions, links or information provided in relation to Third-Party Products on the Business Kitz website.
- Exclusion of competitors
- If a principal part of your business is the retail sale or use of business document templates, agreement templates, business forms and policies, human resources documentation and resources, or business management software as a service, you are a competitor of Business Kitz.
- Business Kitz expressly excludes and does not permit competitors to use the Business Kitz website, Products or obtain any such content through a third party.
- Business Kitz holds any competitor who breaches these Terms and Conditions fully responsible for any loss that we might sustain and further holds the competitor accountable for all profits made from the breach of these Terms and Conditions. Business Kitz reserves the right to exclude any person from using our website or products.
- Entire agreement
- These Terms and Conditions, our Privacy Policy, the Product Description and any Business Kitz Software Licence Terms of Use represent the whole agreement between you and Business Kitz concerning your use and access to Business Kitz’s website and Products.
- No other term is to be included in these Terms and Conditions except where it is required to be included by any state or federal legislation of Australia. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
- Exclusion of unenforceable terms and conditions
- If a provision of these Terms and Conditions is found by a court of law to be invalid or unenforceable:
- it is to be read down or severed to the extent of the invalidity or unenforceability; and
- that fact does not affect the validity or enforceability of the remaining provisions.
- Severability
- The invalidity or unenforceability of any provision in these Terms and Conditions shall not affect the rest of the provisions in these Terms and Conditions, which will continue in full force and effect.
- No waiver
- No provision of these Terms and Conditions will be taken to be waived except by written notice signed by you and Business Kitz.
- Jurisdiction
- 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 Services.
- Enquiries
- Clickwrap agreement
- By clicking agree and continue, you are hereby agreeing to Business Kitz’ Terms and Conditions, Business Kitz’ Privacy Policy and any other terms and conditions that appear in, or are linked to, Business Kitz’ website.
