Business Operations and Owner Continuity Toolkit Terms and Conditions

 Toolkit Agreement:
 
a) Business Life Support is a registered business entity of Shute Vintners Pty Ltd (ACN 168 479 276) of 6 Annesley Street, Leichhardt, NSW 2040 (we, us and our) operate a website at www.businesslifesupport.com.au (our Website) which provides marketing and business support services and consultancy.
 
b) This Agreement incorporates our Service Terms, which together set out the basis on which we will provide you with the Business Operations Toolkit or the Owner Continuity Toolkit and associated services specified with the corresponding tier purchased via https://businesslifesupport.com.au/
 
Terms and Conditions:
 
These terms and conditions govern the Business Life Support Business Operations Toolkit or the Owner Continuity Toolkit and subsequent services provided by Business Life Support (a Shute Vintners Pty Ltd business).
Please read these terms and conditions carefully as some provisions restrict Business Life Support’s liability to its clients.
 
By Purchasing the Business Operations Toolkit/Owner Continuity Toolkit each Client agrees that he/ she has read and understood these Service terms.
 
Business Toolkit Terms:
 
Business Life Support will provide the Business Operations Toolkit/Owner Continuity Toolkit document and associated services specified with the corresponding tier purchased to the Client in consideration for the Client paying the purchase fee to Business Life Support (Fee), subject to the provisions of this agreement.
 
1. Term
(a) These terms commence when payment is received through the businesslifesupport.com.au payment portal. 
(b) Additional marketing support and Business Life Support subscription referenced in the Full Implementation Package is subject to the Subscription Terms and Conditions referenced via this link. https://businesslifesupport.com.au/subscription-terms-and-conditions/
 
2. Fees, Costs & Expenses 
In consideration of the provision of the Product and Services in accordance with this agreement, the Client will pay Business Life Support the Fee.
a) The Fee is required to be paid at time of purchase. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable).
 
b) You will be required to pay for the Product by the payment methods specified on our Website or otherwise accepted by us from time to time.  We will process the transaction upon acceptance of your order. A surcharge may apply for the use of certain credit cards, and where this is the case this will also be notified before your transaction is processed.
  
3. Cancellation of Orders 
(a)           We may cancel your order after it has already been accepted if you are suspected of acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.
(b)           While all reasonable endeavours are used to avoid pricing and other errors, inadvertent errors do occur from time to time and your order may also be cancelled after it has been accepted in such circumstances.
 
4. Delivery of Order
(a)           The Business Operations Toolkit will be delivered electronically via email. It will be sent to the email you have provided in the order form. We will not be responsible if you have provided an incorrect email address.    
(b)           If you require the Toolkit to be sent to a different email address, please contact us.
 
5. Returns and order cancellation.
As the Business Operations Toolkit is a digital document that is not refundable once delivered. Clients that order the 1:1 Support or the Full Implementation package, refunds are permitted for services not used however the cost of the toolkit as well as another services used will be deducted from the refund payable.
 
 6. Ownership of intellectual property
(a)           You acknowledge that the Toolkit is protected by laws relating to copyright, trade marks and possibly other intellectual property rights.
(b)           We grant you a limited, non-transferable licence to access and use the Toolkit solely for the use in your business. It is a breach of this agreement if you provide the toolkit to another business free of charge or for a cost.   
(c)           Business Life Support is the owner of the IP rights and ownership, title and right in the Toolkit and future editions will remain with Business Life Support and will not transfer to you in any circumstance.
(d)            Except as provided in these terms of use, permission to use or copy the Toolkit  for any other purpose is expressly prohibited, unless prior written consent is obtained from us.  You may contact us at info@businesslifesupport.com.au if you wish to seek such consent.
(e)          Business Life Support may take any or all action required to prosecute to defend any proceeding in relation to the toolkit and the IP Rights or any items listed above.
  
7. Warranties, liability and indemnities
(a)           All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these terms or a Product that are not contained in these terms, are excluded to the maximum extent permitted by law.
(b)           Nothing in these terms excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
(c)           If any guarantee, term, condition or warranty is implied into these terms under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then the liability of us for breach of the Non-Excludable Provision is limited to one or more of the following at our or the Seller’s option:
(i)            in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii)           in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
 
8. Termination 
(a) Either Party may terminate this Agreement by notice in writing to the other if the other Party notified:
(i) fails to observe any term of this Agreement; and
(ii) fails to rectify this breach, to the satisfaction of the notifying Party, following the expiration of 7 days notice of the breach being given in writing by the notifying Party to the other Party.
(b) Either Party may terminate this Agreement immediately upon the happening of any of the following events: (i) if the other Party commits a material breach of the agreement which is incapable of rectification; (ii) if the Client enters into a deed of arrangement or an order is made for it to be wound up;
(iii) if an administrator, receiver or receiver/manager or a liquidator is appointed to the Client pursuant to the Corporations Act; or
(iv) if the Client would be presumed to be insolvent by a court in any of the circumstances referred to in the Corporations Act.
 
(c) Upon termination of this agreement, the purchase fee for the toolkit is not refundable. In relation to any subscription fees, consulting fees, expenses or reimbursements payable by the Client to Business Life Support in respect of any period prior to the Termination Date must be paid by the Client within 7 days after the Termination date.
 
9. Disclaimer
The Business Operations Toolkit is intended as a general guide to help small businesses in streamlining operations, planning, and documentation. While every effort has been made to ensure the content is practical and useful, it is not legal or financial advice.
 
Templates and guidance provided in this kit – including those related to HR policies, employment contracts, and workplace procedures – are for informational purposes only. Businesses must ensure these documents are tailored to their specific circumstances and remain compliant with relevant laws and regulations. Businesses should seek their own independent advice with respect to the adaptation and implementation of the toolkit.
The Toolkit is supplied ‘as is’ without any representations or warranties of any kind, either expressed or implied.
 
If you are unsure about any legal or compliance matter, especially regarding employment law or your obligations as an employer in New South Wales (NSW) or elsewhere in Australia, we strongly recommend you seek independent legal, HR, or financial advice before implementing or relying on any part of this toolkit.
 
 10. General
(a)           Neither party will be liable for any delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond the reasonable control of that party.
(b)           If any part of these terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.  
(c)           These terms are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
(d)           These terms constitute the entire agreement between the parties in relation to the Products and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the parties in relation to the Products. 
(e)           Your purchase of the Products is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any Product purchase, including by sending electronic notices. 
(f)            The provisions of these terms which by their nature survive termination or expiry of these terms will survive termination or expiry of these terms.
(g)           The term “including” when used in these terms is not a term of limitation.