Terms and Conditions of Use
SmallBizLaunchPad Pty Ltd trading as SmallBizLaunchPad. ABN 92 657 703 871. All rights reserved.
The following are SmallBizLaunchPad’s Terms and Conditions of use. Please read them before using the organisation’s web site, herein referred to as ‘the site’. These terms and conditions are intended to explain our obligations as a service provider and your obligations as a customer. They apply to all pages found within the site, and are binding on any use of the site or the services of SmallBizLaunchPad.
By using the site, including placing an order, making a purchase or accessing free content, you acknowledge that you have read and understood these terms and agree to be bound by them. You also acknowledge that you have the authority to act on behalf of any person for whom you are using the Service, and you are deemed to have agreed to these terms on behalf of any entity for which you use the service.
These Terms were last updated on 11 December 2014.
Website Content, Modification, Omissions and Errors
SmallBizLaunchPad does not warrant the accuracy, completeness, timeliness, suitability or adequacy of material on this website for any purpose, or guarantee that it be free of technical inaccuracies, typographical errors or viruses, and shall not be liable for losses as a result of any of these. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of SmallBizLaunchPad. No warranty is provided of uninterrupted access to the website.
The information provided on this website is general information for reference purposes only. We do not give legal financial, taxation or other professional advice.
We cannot and do not warrant that any content, products or services we provide are appropriate for your circumstances or suit your needs. The legal, commercial and taxation effects of a product vary and a product’s suitability will therefore vary according to particular circumstances. Only you know the purpose for which you intend to apply a product you order and that we are not responsible for the choice you make regarding the product that you order. You must make your own enquiries and consult with a professional adviser for independent personalised advice concerning any products, services or content on our site that you purchase, use or rely on.
Any legal documents you order or registrations we apply for on your behalf will contain information and particular clauses based on the answers you provide to questions we ask. You are fully and solely responsible for the information included in a product as a result of the answers you give to these questions, and we are not responsible for any mistakes or omissions that you make in understanding the questions or in the answers you provide. You indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers because the product you order is not suitable for its intended purpose or does not suit the relevant circumstances due to your own error or omission or because you fail to obtain formal advice from a professional adviser.
This site contains links to third-party websites and resources (“linked sites”) maintained by other organisations over which SmallBizLaunchPad has no control. These linked sites are provided solely as a convenience to you and do not act as an endorsement by SmallBizLaunchPad. SmallBizLaunchPad does not make any representation or warranty regarding the availability, correctness, accuracy, performance, quality or fitness for purpose of the linked site or any content, software, service or application found at any linked site. You access those external sites and use their information, products and services solely at your own risk.
SmallBizLaunchPad welcomes, and will generally approve, requests to link to our website. However, linking to any page of the website without the express written permission from SmallBizLaunchPad is prohibited.
Contract of Sale
The products available on the website for sale are only available to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the SmallBizLaunchPad that you are able to make a legally binding contract.
Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Terms and Conditions.
SmallBizLaunchPad reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with SmallBizLaunchPad only comes into existence when SmallBizLaunchPad forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
This contract shall be governed by and construed in accordance with the law in effect in the State of Victoria and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Victoria in relation to any dispute between them.
Pricing and Payment
All prices are expressed in Australian dollars and are subject to GST (goods and services tax of 10 per cent), unless otherwise stated. Prices are correct at the time they appear on the site, however pricing may be subject to change without notice.
SmallBizLaunchPad and its website do not hold or record any credit card or cardholder account details. Our payment system is supplied by PayPal and Commonwealth Bank, who safely collect and use credit card details to process payment.
A Tax Invoice will be issued once processing has been completed. Any dispute regarding the invoice must be notified to SmallBizLaunchPad within two business days of receipt of invoice. No product or service shall be delivered to you without payment being received by SmallBizLaunchPad
Service Delivery Timeframes
SmallBizLaunchPad undertakes to provide prompt service and fulfilment of orders. However SmallBizLaunchPad cannot control, and therefore takes no responsibility for, delays in provision of products, services and documents by third parties necessary in fulfilling your order, including but not limited to the Australian Taxation Office, Australian Securities and Investments Commission, and Castle Corporate. SmallBizLaunchPad will make every effort to keep you informed of any such delays and take all steps to expedite the resolution of any issues.
Refunds, Returns and Exchanges
You agree that because of the nature of our products, we generally cannot make changes or provide refunds once we have begun processing your order, as fees we pay on your behalf to ASIC, the ATO and SmallBizLaunchPad are not refundable. Processing will usually commence within 24 hours of placing your order, and may sometimes be immediate. We provide refunds at our absolute discretion, in exceptional circumstances.
You shall inspect your order immediately upon its arrival and shall within seven days give notice in writing to SmallBizLaunchPad if your received documents are not in accordance with your order placed. If you fail to give such notice, your order shall be deemed to be confirmed and accepted. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
SmallBizLaunchPad shall not be responsible for non-delivery or delay in delivery of any order caused by events outside its control, including but not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
You agree to indemnify, defend and hold harmless SmallBizLaunchPad, its officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor’s fees) asserted by any third party due to or arising from or in connection with your use of the products, services or content provided on this site.
Limitation of Liability
To the maximum extent permitted by applicable law, SmallBizLaunchPad shall not be held responsible or liable for any direct, indirect, punitive, incidental or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the SmallBizLaunchPad website, with the delay or inability to use the SmallBizLaunchPad website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the SmallBizLaunchPad website, or otherwise arising out of the use of the SmallBizLaunchPad website
Where any law implies a warranty or guarantee which may not be lawfully excluded, then to the maximum extent permitted by law, SmallBizLaunchPad is not responsible for any indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage
Intellectual Property and Copyright
Save and except for any third party copyright included on the website under a licence or agreement, all the content of the website and downloads from it, is owned by SmallBizLaunchPad Ltd (ABN 92 657 703 871). All rights are reserved.
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of SmallBizLaunchPad.
All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of SmallBizLaunchPad.
SmallBizLaunchPad grants you permission to store a reproduction of content published on the site or provided directly on your local computer for the sole purpose of viewing it, print hard copies of the content for non-commercial use or personal use only. Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the content on the Website including audio and video excerpts without the prior written approval of SmallBizLaunchPad.
If SmallBizLaunchPad should discover that we have lost revenue through your misuse of our service or content or your breach of these terms and conditions, then you agree that we may recover from you the revenue we have lost, our costs of discovering our loss and the extent of it, our costs of recovering the revenue and default interest on any amount owing under this clause.
Nothing in these Terms and Conditions is intended to exclude, restrict or modify any statutory obligation of SmallBizLaunchPad implied by the Goods Act 1958 or Trade Practices Act 1974
SmallBizLaunchPad is subject to the Privacy Act 1998 (the Act).
The following sets out how SmallBizLaunchPad will deal with personal information related to the content and use of its web sites.
Collection of Information
Information Automatically Logged
SmallBizLaunchPad may make a record of your visit and logs any of the following information for statistical and business purposes – the user’s server address, the user’s domain name, IP address, the date and time of the visit, the pages accessed and documents downloaded, the previous site visited and the type of browser used. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.
A cookie is information that a Web site puts on your hard disk so that it can remember something about you at a later time. (More technically, it is information for future use that is stored by the server on the client side of a client/server communication.) It is possible to disable the accepting of cookies by your web browser, however doing so may restrict your ability to access some web pages.
Unique identifiers are also used to store information about visitor’s preferences, to enable the dynamic display of the site according to your preferences when you return.
If personal information is collected via a website this will be done by sufficiently secure means.
Individuals will be provided with alternative means of providing personal information to SmallBizLaunchPad, other than via the website.
For certain applications, our site’s registration forms require users to give contact information (like name and email address).
This website contains some links to external websites. We are not responsible for the privacy practices or the content of these web destinations. You are encouraged to read the individual privacy policies of those websites to be sure they match our high standards.
Use of Personal Information
Personal information you supply online will be used by SmallBizLaunchPad in conducting the business of the SmallBizLaunchPad.
Such uses include matters related to administration, provision of services and the dissemination of information to staff.
Contact information from registration forms is used to get in touch with you when necessary, for example when you have requested information from us.
Competition data will be used only for stated purposes.
Disclosure of Personal Information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. SmallBizLaunchPad will take reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Data Quality and Access
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons.
SmallBizLaunchPad will always try to maintain accurate, complete and up-to-date information. The necessary procedures are in place to facilitate amendments and verification of personal information. If you think that your personal information retained by SmallBizLaunchPad requires changing please make contact via email.