TERMS & CONDITIONS
OVERVIEW
This website is operated by SquaredImpact (a business trading name under the legal entity BMD Associate Enterprises ATF BMD Associate Enterprises Discretionary Trust). Throughout the site, the terms “we”, “us” and “our” refer to SquaredImpact (as business trading name under the legal entity BMD Associate Enterprises ATF BMD Associate Enterprises Discretionary Trust.
SquaredImpact offers the website and its services (including the online store) and our free and paid products and services including service outputs, information and tools to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in the Terms & Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink on our website or in any online forms and booking apps we may use currently or in the future.
By visiting our site and by engaging with us in free consultations, or purchasing products or services from us, you agree to be bound by the following terms and conditions (“Terms & Conditions” “Terms”).
The terms referencing use of our website apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms & Conditions carefully before accessing or using our website, or before engaging in any free or paid consultations or purchasing products or services from us. By accessing or using any part of the site, or by procuring or partaking in free or paid products or services from us, you agree to be bound by these terms.
If you do not agree to all the terms in the Terms & Conditions, then you may not access the website, purchase products or otherwise access free or paid services or products from us. If these terms are considered an offer, acceptance is expressly limited to these Terms & Conditions.
Any new features or tools which are added to the website or to our products or services shall also be subject to the Terms & Conditions.
A breach or violation of any of the Terms & Conditions may result in an immediate termination of your access to the website and its services and to our products or services.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms & Conditions.
SECTION 1 – GENERAL CONDITIONS
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website and its services, use of the website and its services, or access to the website and its services or any contact on the website through which the service is provided, without express written permission by us.
SquaredImpact and you agree that in accessing, accepting and/or using any of our free or paid products or services we will not violate each other’s rights, including copyright, trademark, privacy, personality or other personal or proprietary rights.
You may use and modify any products or outputs received as part of services we have provided to you for free or as part of a product you have purchased from us within your business(es), however no part of any products or outputs received as part of services we have provided to you for free or as part of a product you have purchased from us may be licensed, published, transmitted, distributed, uploaded, broadcast, sold, shared or otherwise transferred or distributed outside your business(es) without prior consent from The Systemologist.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 2 – ONLINE STORE TERMS
Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence.
You may not use our website or our products or services for any illegal or unauthorised purpose nor may you, in the use of the our website, its services or our products and services, violate any laws in your jurisdiction.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms & Conditions will result in an immediate termination of your access to the website or its services.
SECTION 3 – PERSONAL AND BUSINESS INFORMATION
Your submission of personal and business information to us through the store, or through online or other forms or surveys used by us, or via email, postal mail, or virtually, or utilising video or other technology, or through any other means is governed by our Privacy Policy and our Privacy Statement, which is available on our website. To view our Privacy Policy now click here.
You will similarly carefully look after our personal and business information.
SECTION 4 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store or through booking apps or other tools used by us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You understand that content (not including credit card information) you provide to us, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 5 – PROVISION OF SERVICES
If the SquaredImpact agrees to supply to you any free or paid products and/or services, we will do so as specified in any proposals or other documentation we have agreed to with you, or as specified on SquaredImpact website pages or in SquaredImpact online shop product descriptions, and as amended from time to time in accordance with these terms.
Joint Cooperation
SquaredImpact and you shall co-operate with each other and we will all take such actions as are reasonably necessary to permit us all to carry out the objectives of these Terms & Conditions and to enable SquaredImpact to successfully provide you with the products or services you have booked or purchased.
Acceptance of Products & Services
Products and/or services will be considered accepted by you unless SquaredImpact receives written notification from you of errors within ten (10) business days of receipt of the product or service.
If we receive written notification of errors within ten (10) business days after receipt of the products and/or services, we will address reported errors in a revised products and/or services deliverable. You will then have an additional ten (10) business days to report that all errors have been resolved.
If SquaredImpact does not receive written notification of unresolved errors, the products and/or services will be considered accepted by you.
Cost of Products & Services
The cost of our products and/or services is specified in our online store, in the proposal we provide to you or in other apps we use or documentation we provide to you.
For services or products not available for purchase in our online store costs quoted represent an estimate only based on similar tasks performed by SquaredImpact and if additional work is required, you will be advised and a change order agreed as necessary. If the scope of the services or products we have agreed to provide to you is changed, we will request a change order as necessary.
Travel Expenses
You agree to reimburse SquaredImpact for all reasonable travel and living expenses incurred while providing on-site services, including but not limited to airfare, ground transportation, hotel, per diem ($80/day per person unless otherwise agreed) and other miscellaneous travel expenses upon receipt of invoice.
Payment for Products & Services
Payment for products purchased in the online shop are non-refundable unless otherwise agreed by SquaredImpact.
Payment for products and services that are not available for purchase through our online store may be requested via a third party app (such as our consultation booking app), or via our online proposal system, or we may send you an invoice(s).
Where SquaredImpact issues invoice(s) to you for payment, payment will be due and made as described in any proposals we have provided to you, or have otherwise agreed with you or else within 30 days of receipt of invoice unless otherwise mutually agreed.
Unless otherwise stated, all of SquaredImpact’s prices are exclusive of GST. SquaredImpact will provide a tax invoice to you and you must reimburse us for any GST payable by us on each taxable supply we make to you.
Rescheduling of Service Provision
SquaredImpact reserves the right to reschedule professional services due to unavoidable circumstances. You may cancel or postpone scheduled professional services too, with no penalty if cancelled or postponed 10 or more business days before the start of the service. Cancellations or postponements of professional services equal to or greater than three hours duration with less than 10 business days notice may incur the following fees:
– Cancelled/postponed 6-9 days prior to expected commencement incurs a fee equal to 50% of the service fee
– Cancelled/postponed 0-5 days prior to expected commencement incurs a fee equal to 100% of the service fee
Resourcing
In the event of resource constraints under circumstances beyond its control, SquaredImpact and you both have the right to request an amendment to timelines for deliverables.
SECTION 6 – REFUSAL OF SERVICES
We reserve the right to refuse service to anyone for any reason at any time and we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 7 – MODIFICATION OF PRODUCTS & SERVICES AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue any product or service without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service.
Any new features, tools or products and services which are added to the online store or otherwise made available to you by us for free or as a paid product or service shall also be subject to these Terms & Conditions.
SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the products or services we provide to you that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website, or contained in any of our products or services or their outputs, or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on our website or in our products or services or related outputs or on any related website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied on our website or to our products or services or related outputs or on any related website, should be taken to indicate that all information on our website or in our products or services or related outputs or on any related website has been modified or updated.
SECTION 9 – OPTIONAL THIRD-PARTY TOOLS
Links to Third Party Tools
Certain content, products and services available via our website or our products and services may include materials from third-parties.
Third-party links on our site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Recommendation of Third Party Tools
We may recommend to you and/or provide you with access to third-party tools on our website or as part of our product and service delivery to you. We neither monitor nor have any control nor input over third-party tools.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through our site or through our products and services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party tools. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may also in the future, offer, recommend or support new third party tools, services or features through our website, or via our products and services. Such new tools, features and/or services shall also be subject to these Terms & Conditions.
SECTION 10 – CONFIDENTIAL INFORMATION
We will exchange Confidential Information in various forms during the provision and receipt of products and services between us. Examples of circumstances where this may occur include but are not limited to:
a. meetings or consultations between us (both free and fee-for-service) including in person, virtual and phone meetings/consultations.
b. other communications (in person, virtually and online, by phone, email or regular mail).
c. communication and information and data exchange as part of the delivery or receipt of any purchased or free products or services.
In these Terms & Conditions Confidential Information includes but is not limited to:
a. all ideas, improvements, innovations, processes, products, product specifications, developments, discoveries, samples, research, concepts, drawings, visual material, flowcharts, manuals, e-books, confidential documentation, items, information, knowledge or communication, trade secrets, procedures, inventions, or equipment.
b. all names, details of and requirements of employees, licensees, contractors, customers or subscribers.
c. all sales plans, marketing plans, budgets, price lists, business plans, financial information, business proposals, accounting records or any other business records.
In these Terms & Conditions Confidential Information does not include:
a. information which is available to the public as at the date we both agree to abide by these Terms & Conditions or which comes into the public domain through no fault, act or omission of yours or ours.
b. information which is required to be disclosed by any law, regulation, governmental agency or regulatory body.
SECTION 11 – TREATMENT OF CONFIDENTIAL INFORMATION
SquaredImpact and you agree that:
a. the Confidential Information has been compiled, created and maintained over time by special effort and expense by you or by us.
b. we (you and us) will hold Confidential Information disclosed by each other in the strictest confidence and we will not use it except for the purpose it was disclosed or disclose it except to the professional and other advisers and employees who require the Confidential Information in order to fulfill their roles.
c. disclosing any or all the Confidential Information to a third party or to any individual outside SquaredImpact or outside your business will or could have a materially adverse effect on any or all of us.
d. the Confidential Information shall remain the sole and exclusive property of the party who disclosed it.
e. nothing in these Terms & Conditions gives the recipient of the disclosed information any rights to either the Confidential Information it receives or any improvements thereon and all such improvements or developments of the Confidential Information vest in the party who disclosed it.
f. nothing in these Terms & Conditions prevents SquaredImpact or you to disclose Confidential Information to professional advisors such as a solicitor or accountant for the sole purpose of seeking professional advice.
g. SquaredImpact and you recognise that monetary damages would not be sufficient remedy for any breach of confidentiality and that SquaredImpact or you shall be entitled to seek specific performance and injunctive relief as remedies for any such breach, in addition to any other remedies available to it at law or in equity.
No failure or delay by SquaredImpact or by you in exercising any right, power or privilege shall constitute a waiver of that right, power or privilege.
SECTION 12 – INTELLECTUAL PROPERTY
Both SquaredImpact and you retain all ownership, right, title and interest, in assets including but not limited to logos, marks, business processes, business procedures, patent rights, copyrights, trade secret rights, trademark rights, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, to which it held rights, ownership, title or interest before the commencement of these Terms & Conditions.
Additionally, SquaredImpact shall own and retain all right, title and interest, including but not limited to logos, marks, business processes, business procedures, patent rights, copyrights, trade secret rights, trademark rights, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by SquaredImpact in connection with providing its services to you.
SECTION 13 – GOVERNING LAW
These Terms & Conditions and any separate agreements whereby we provide you products or services (free or paid) shall be governed by and construed in accordance with the laws of Victoria, Australia.
SECTION 14 – INDEMNITY AND LIABILITIES
To the extent permitted by law:
a. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected.
b. We do not guarantee, represent or warrant that your use of our website or its services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the website or its services will be accurate or reliable.
c. You agree that from time to time we may remove the website and its services for indefinite periods of time or cancel the services at any time, without notice to you.
d. You expressly agree that your use of, or inability to use, the website and its services is at your sole risk. The website and its services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
e. In no case shall SquaredImpact, our trust, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website or any of its services (including the online store) or your use of any of the free or paid products or services (and their outputs) procured from us using the website or its services or procured through other means (e.g., a proposal) from us, or for any other claim related in any way to your use of our website, or our free or paid products or services including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our products and services or any content (or product) posted, transmitted, or otherwise made available via our website, even if advised of their possibility.
f. SquaredImpact limits its liability which cannot be legally excluded under all statutory or implied conditions and warranties and any other liability SquaredImpact may have to you (including liability for indirect or consequential loss) that may arise under statute or at law including without limitation for breach of contract, in tort (including negligence) or under any other cause of action, to whichever of the following SquaredImpact determines at its discretion:
a) supplying equivalent products or services again; or
b) paying of the cost of acquiring equivalent products or services again.
g. You must give SquaredImpact written notice of any claim you may have against SquaredImpact in connection with the products or services SquaredImpact supplies to you within 12 months of when SquaredImpact supplies them to you failing which SquaredImpact will not be liable for that claim.
h. You agree to indemnify, defend and hold harmless SquaredImpact and our parent, trust, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against all claims, demands and costs (including legal costs), expenses, damages, accounts or other losses or liability, including those arising from any actions, suits, proceedings, claims or demands, made against or suffered by SquaredImpact, arising out of any claim where SquaredImpact has acted in accordance with these conditions or arising out of out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party (which includes any negligent act or omission by you or your agents) under these Terms & Conditions.
SECTION 15 – YOUR SUBMISSIONS, COMMENTS AND FEEDBACK
By engaging with us or our products or services and/or providing your details to us (including during completion of online forms) you agree that we can add your details to our database and that we may communicate with you in future (unless you unsubscribe) including to send you updates, useful hints and tips and other information about SquaredImpact and our products and services.
We have the full right to make public statements concerning your experience with SquaredImpact and to publish works, statements, advertisements and any derivative thereof in print, online or in any other medium describing your experiences with our services.
This includes public postings using social media, in newspapers, magazines, blogs, or other media that is targeted to our prospects, partners, or affiliates. We also have the right to profile and describe the services you provide to your constituents.
SquaredImpact will not divulge any confidential information as defined in these terms and if there is any question as to whether a public statement would constitute confidential information or intellectual property of yours, then we shall not use such information without your prior consent.
If, at our request, you send certain specific submissions (for example testimonials, satisfaction survey responses) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We may, but have no obligation to, expressly request your permission to use any comments that you forward to us in our sales and marketing practices. We are and shall be under no obligation (1) to maintain any comments in confidence (excluding confidential information as defined in this agreement); (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website, our products or services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 16 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using our site or its content, or our products and services including outpits related to our services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website, its services or any products or services and their outputs you have procured from us or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website, its services or any products or services procured from us or from any related website, other websites, or the Internet.
We reserve the right to terminate your use of the website, its services or our products and services or their outputs, or of any related website for violating any of the prohibited uses.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Your agreement (and ours) to the Terms & Conditions is effective unless and until terminated by either you or us. You may terminate the agreement to these terms at any time by notifying us that you no longer wish to use our products or services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate our agreement to these terms with you at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our website or our products and services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of SquaredImpact to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted by us on our website or in respect to the products and services we offer or provide to you constitutes the entire agreement and understanding between you and us and governs your use of our website and our products and services and related outputs, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us including, but not limited to, any prior versions of these Terms & Conditions.
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
SECTION 20 – CHANGES TO OUR TERMS AND CONDITIONS
You can review the most current version of our Terms & Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or continued access to or use of the products and services (free and paid) we offer or provide to you following the posting of any changes to these terms constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms & Conditions should be sent to us at info@squaredimpact.com.au.
