Small Business Package – Terms & Conditions and Privacy Policy

Acceptance of Terms and Conditions
- These Terms and Conditions (Terms) govern contracts for the sale of Goods, specifically a Small Business Package consisting of tools, templates, guides and resources designed to assist you in setting up a small business (the Package). The Package is provided by Grossmith, Hawke & McClymont Pty Ltd ABN 83 627 280 344 (the Company) to you (the Customer).
- In these Terms “you” and “your” refer to the Customer and “we”, “us” and “our” refer to the Company.
- These Terms will be governed by and construed in accordance with the laws of New South Wales.
Purchase and Use of the Package
- By purchasing the Package, you agree to be bound by the Terms in effect at the time of purchase. If you do not agree to these Terms, you must immediately cease using the Package.
- We reserve the right to amend these Terms at any time by posting the changes on our website at https://cheneysuthers.com.au/.
- We may apply additional charges, including bank fees, to your purchase price if payment of the Package is made using a debit or charge card.
- After receiving payment for your purchase of the Package, we will deliver the Package to the email address supplied by you.
- Except as outlined at 4, all purchases of our Package are final, and we are unable to offer refunds. If you encounter any issues with the Package, please contact us through our website for assistance.
- Upon purchase, you are granted a non-exclusive, non-transferable, revocable licence to use our Package, solely for the purpose of setting up your own small business.
- All risks associated with the Package transfer to you on delivery, which occurs when the Package is sent to the email address you provided at the time of purchase.
Intellectual Property
- All materials included in the Package, including but not limited to documents, tools, templates, guides, designs, logos, templates and any content created by us, are the exclusive intellectual property of the Company or our licensors.
- The title and ownership of the Package, including all associated intellectual property, always remain with the Company.
Your obligations
- Before using the Package, you represent and warrant that you:
  - have read and complied with these Terms;
  - have read and reviewed all notes, guidance and resources provided in the documents to best inform your use of the Package;
  - guidance provided is general in nature and is not applicable to specific circumstances;
  - understand the Package does not constitute legal advice;
  - understand that the Package is not a replacement for legal advice;
  - acknowledge you will take accounting and/or financial advice before using the Package; and
  - understand that laws and regulations may change at any time, and the provisions in the Package may become outdated or superseded. While we endeavour to provide accurate and up-to-date resources, it is your responsibility to ensure the Package meet your business needs and complies with the latest legal requirements.
- When you use the Package, you agree that you:
  - will ensure that any employees or contractors (personnel) who use the Package on your behalf comply with these Terms. You are responsible for any actions taken by your personnel and agree to take appropriate steps to address any violations of these Terms;
  - will only use the Package for the purpose for which it was created – to help you establish your small business;
  - will use it in compliance with all applicable laws, regulations and guidelines relevant to setting up and operating your small business;
  - will not engage in any conduct which could damage or impair the functionality of the Package;
  - will not sell, distribute, or sublicence any part of it or its content to third parties;
  - will not to reproduce or create derivative works of any of the materials supplied;
  - may fill in the blanks on the documents provided, but agree not to modify or alter the form of the documents;
  - will not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms; and
  - are solely responsible for seeking legal advice on the laws and regulations that apply to you as an employer, as well as the suitability, accuracy and proper implementation of any documents prepared by you using the Package.

Our obligations
- We represent and warrant that we:
  - will provide you with access to the Package promptly after your purchase, in the form and manner specified at the time of sale;
  - make no guarantees regarding the success of your business which is set up using the assistance of our Package;
  - will use our best endeavours to ensure the Package is kept up to date with applicable laws and regulations, however we make no guarantee the Package will always reflect the most current legal requirements;
  - will provide reasonable support to you regarding technical issues related to the Package, and this is the extent of our assistance; and
  - have not provided you with legal advice.

Default, Termination and Recovery
- You will be in default if you breach these Terms and fail to remedy that breach within 7 days of written notice being provided to you by us.
- In the event of your default, we reserve the right to terminate your access and use of the Package by providing written notice, requiring you to immediately cease using the Package and destroy any copies of the materials in your possession or that you have distributed.
- We will be in default if we breach these Terms and fail to remedy that breach within 7 days of written notice being provided to us by you or if we are subject to any winding up petition or order, appointment or receiver.
- In the event of default by us, you may cancel your order by written notice to us. Upon cancellation, you will be entitled to a full refund of the purchase price, provided the default was not caused by your actions or your failure to comply with these Terms.
Indemnity
- You agree to indemnify and hold us harmless for any losses or damages suffered or incurred by you due to breach, negligence, or recklessness by you under these Terms.
- We agree to indemnify and hold you harmless for any losses or damages suffered or incurred by you due to breach, negligence, or recklessness by us under these Terms.
Assignment
- Our Package may include links to third-party websites or resources. We have no control over the content or updates provided by those third parties, so it is important to review the latest version of any linked material.
- We recommend that you read any applicable third-party Terms and privacy policies because they are not covered by these Terms.
Severability
- If any provision of these Terms is invalid due to the operation of any statute or rule of law, then such provision is severed from this Agreement.
Dispute Resolution
- If you have any complaints or concerns regarding the Package supplied by us, you shall promptly bring the matter to our attention by contacting us on our website.
- Neither party shall initiate legal proceedings concerning any dispute arising from or connected to these Terms without first engaging in a good faith attempt to resolve the dispute through discussions with the other party, unless urgent interlocutory relief is sought, or the dispute pertains to compliance with this provision.
Privacy Policy
- To provide you with the Package, we require that you provide us with your name, phone number, email address and card payment details (personal information).
- Your personal information will only be used for the specific purpose for which you provide it to us. By providing this information to us, we imply your consent to its collection.
- We will store your personal information in our invoicing system, Xero.
- We may disclose your personal information when required by law or if you breach these Terms.
- You have the right to request access to personal information held by us and ask for corrections if needed. For security reasons, we may require any request for access or amendment to the personal information to be made in writing.