Terms and Conditions
Background
These terms and conditions make up a legally binding agreement (the Agreement) between Beyond CFO Pty Ltd trading as Project Trust (referred to in these terms as “Us”, “We” and “Our”) and you. This Agreement may be accepted by any one of the following methods:
Background
These terms and conditions make up a legally binding agreement (the Agreement) between Beyond CFO Pty Ltd trading as Project Trust (referred to in these terms as “Us”, “We” and “Our”) and you. This Agreement may be accepted by any one of the following methods:
(a) making payment for templates;
(b) downloading free ebooks;
(c) accessing the template materials
If you have any questions about this Agreement before making payment for the eBooks or Templates please contact: info@beyondcfo.com.au THE PARTIES AGREE as follows:
1. Delivery of the Templates
1.1 All materials and resources for the templates will be delivered Online.
No physical copies of the template materials will be provided.
1.2 The templates may include group live Q&A assitance as well as template materials. The template does not include one-on-one coaching or customised services.
1.3 The template is designed to allow you to create an understanding of your business finances and how to create a strong financial foundation and to achieve this, you will need to actively use the templates to receive the full benefit.
2. Payment, Price and Refunds
2.1 The templates
(a) Payment is required before Online access will be provided.
(b) You acknowledge and agree that there are no refunds for change of mind.
2.2 The Facebook Support Group
(a) Payment is required before Online access to the group will be provided.
(b) You acknowledge and agree that there are no refunds for change of mind.
3. Online Access
3.1 You acknowledge and agree that:
(a) we retain complete editorial control over access of the template online access and may alter, amend or cease the operation of the Online access at any time in our sole discretion; and
(b) Online access may be unavailable from time to time including for maintenance purposes.
3.2 To the full extent permitted by law, We exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages as a result of Online use or access.
4. Limitation of Liability
4.1 Our aggregate liability to you for any Loss arising out of or in connection with:
(a) any act, error, negligence, misrepresentation or omission concerning or arising out of all of the templates (including any pre contractual statement, representation or warranty as to the quality or fitness for its purpose of the eBooks or templates); and
(a) any act, error, negligence, misrepresentation or omission concerning or arising out of all of the templates (including any pre contractual statement, representation or warranty as to the quality or fitness for its purpose of the eBooks or templates); and
(b) any breach of the Agreement or breach of duty of any kind owed in connection with the provision of the template; is limited to and will not in any circumstances exceed the price, as the case may be.
4.2 We will not be liable for any loss of profit, revenues, anticipated savings, business or investment opportunities, internal management costs or any other indirect or consequential loss. For the avoidance of doubt, multiple claims arising out of (or based on) the same act, error or omission, or series of continuous, or repeated acts, errors or omissions will be considered a single loss.
4.2 We will not be liable for any loss of profit, revenues, anticipated savings, business or investment opportunities, internal management costs or any other indirect or consequential loss. For the avoidance of doubt, multiple claims arising out of (or based on) the same act, error or omission, or series of continuous, or repeated acts, errors or omissions will be considered a single loss.
4.3 Nothing in this Agreement is intended to exclude or restrict any liability that cannot be excluded or restricted by law.
5. Confidentiality
5.1 During delivery of the eBooks or templates you may receive confidential information which is provided by Us and you must not deal with our confidential information in any way that might prejudice its confidentiality.
5.2 Your obligations in relation to the confidential information will continue for as long as the confidential information is maintained on a confidential basis by Us.
5.3 At the end of the template use, or when earlier directed by Us:
(a) all confidential information must be returned to Us, including all copies of the confidential information or any extracts or summaries of the confidential information that you make; and
(b) you must erase and destroy any copies of any software containing or comprising the confidential information in your possession or under your control or that may have been loaded onto a computer possessed or controlled by you.
5.4 The confidential information does not include information which:
(a) is generally available in the public domain otherwise than as a result of a breach of this clause by you; or
(b) was known by you prior to Us disclosing the information to you.
5.5 You agree to indemnify Us fully against all liabilities, costs and expenses which We may incur as a direct result of any breach of this clause by you.
5.6 You acknowledge that damages may be an inadequate remedy for breach of this clause and that the We may obtain injunctive relief against you for any breach of this clause.
5.7 The obligations accepted by you under this clause survive termination or expiry of this Agreement.
6. Intellectual Property
6.1 You acknowledge that we will own all Intellectual Property Rights existing in the eBook and template material. To the extent that any Intellectual Property Rights in respect of the eBook and template material vests in you, you agree to assign all such Intellectual Property Rights to Us with such assignment effective immediately upon the relevant Intellectual Property Rights vesting in the Client.
6.2 Any pre-existing Intellectual Property Rights owned by Us before the commencement of this Agreement, will remain vested in Us.
6.3 Any pre-existing Intellectual Property Rights owned by the you before the commencement of this Agreement, will remain vested in you.
6.4 We agree to grant you a non-exclusive, transferable, royalty free licence to use and reproduce the Intellectual Property Rights subsisting in the eBook and template material for the sole purpose of ensuring that you obtain the benefit of the eBook and template. Under this licence you are not permitted to:
(a) sub-licence, transfer, loan or resell the template;
(b) give away the template for free;
(c) claim the template as your own; or
(d) use the template in any derivative products for sale where the template is the main component of the product. For example, mugs, t- shirts, home decor items, logos, art prints or posters.
7. Force majeure
7.1 We do not have any liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this Agreement which result from circumstances beyond Our reasonable control.
7.2 If We are affected by these circumstances we will promptly notify you when such circumstances cause a delay or failure in performance and when they cease to do so.
8. Termination
8.1 We may terminate this Agreement by notice in writing to you, if you:
(a) fail to observe any term of this Agreement; or
(b) fail to rectify a breach, to Our satisfaction following the expiration of 7 days’ notice of the breach being given in writing to you.
8.2 Notwithstanding any other provision of this Agreement, We may terminate this Agreement for any reason by providing you with 2 days’ notice.
9. Applicable Law
9.1 The parties expressly agree that this Agreement will be governed by and interpreted in accordance with the laws of the State of Queensland.
10. Your Warranties
10.1 You warrant that:
(a) you are not executing this Agreement as a result of or by reason of or in reliance upon any promise, representation, statement or information of any kind whatever given or offered to you by Us whether in answer to an enquiry or otherwise; and
(b) Prior to the Start Date, you have made your own independent enquiries and satisfied yourself as to the fitness for purpose of the eBook and template, to the extent permitted by law, We make no warranty, promise or representation in relation to the eBook and template, either expressly or impliedly and any warranties, terms and conditions in relation to the fitness of the eBook and template for any purpose, whether implied by use, statute or otherwise is, to the extent permitted by law, hereby excluded.
11. Definitions
In these terms and conditions, the following terms have the meanings indicated:
(a) Template Bundle means a one-time payment for templates pre-packaged into a bundle.
(b) Confidential information includes any information marked as confidential and any information received or developed by a party, which is not publicly available and relates to processes, equipment and techniques used by the disclosing party in the course of the disclosing party’s business. This includes all information, data, drawings, specifications, documentation, source or object code, designs, construction, workings, functions, features and performance notes, techniques, concepts not reduced to material form, agreements with third parties, schematics and proposals and intentions, technical data and marketing information such as customer lists, financial information and business plans.
(c) Template means any template delivered either online or in person by Us.
(d) eBook and template material means all materials regardless of form, developed or created by Us in the provision of the eBook or template, as the case may be and includes, without limitation, any reports, emails, abstracts, records, drawings, plans, graphics, video and audio recordings, design and artwork.
(e) Intellectual Property Rights means copyright, trademark, design, patent, semiconductor or circuit layout rights and any other rights whether or not they are registered or registrable, relevant to, among other things, the textual, graphical, audio and other information, content, data or material used by Us in respect to this Agreement.
(f) Loss means any and all loss (including pure financial loss), injury, liability, damage, compensation, claim, demand, expense, interest or cost, including reasonable legal fees, whether arising in tort, contract or otherwise (including costs awarded or incurred) of any kind.
(g) Online means the delivery of the eBook and template online through such means as an online based platform or website used to deliver the eBook or template.
(h) Price means the amount paid by you for the eBook and template.
(i) Start Date means the date of payment for the eBook or template.
