These Terms & Conditions (Terms) apply to your use of this website and to services provided by Slingsby Consulting Pty Ltd (ABN 80 065 196 652, ACN 065 196 652) (we, us, our). By using this website or making a payment through it, you agree to these Terms.
1. Using this website
- You may use this website for lawful purposes only, and in a way that does not interfere with its operation or with other users.
- You must not attempt to gain unauthorised access to this website, its server or any connected system, or introduce malicious code.
- You must not use the contact form or payment page to submit false, misleading or unlawful information, or information about another person without their authority.
- We may update, suspend or withdraw any part of this website at any time without notice.
2. Website information is not advice
Information on this website is general in nature and is provided for information only. It does not take into account your objectives, circumstances or needs, and it is not a substitute for advice tailored to your situation. You should not act on information on this website without first obtaining appropriate advice. While we aim to keep it accurate and current, we do not guarantee that information on this website is complete, accurate or up to date.
3. Engaging our services
- Our services are provided under a written engagement letter, proposal or invoice that sets out the scope of work, fees and any special terms (Engagement).
- If there is any inconsistency between an Engagement and these Terms, the Engagement prevails to the extent of the inconsistency.
- You agree to give us complete and accurate information, and to respond to our reasonable requests in a timely way. Our advice relies on the information you provide, and delays in receiving information may affect timeframes.
- Outcomes that depend on decisions by third parties (for example, approval authorities, regulators, financiers or other stakeholders) are outside our control. Unless expressly agreed in writing, we do not guarantee any particular approval, decision or result.
- Any change to the agreed scope of work must be agreed in writing and may affect fees and timeframes.
4. Fees and payment
- Fees are as set out in your Engagement or invoice. All amounts are in Australian dollars (AUD).
- Your invoice will state whether GST applies to the fees.
- Unless your Engagement states otherwise, invoices are payable within payment terms of the invoice date.
- If an invoice is not paid by its due date, we may suspend work until payment is received, after giving you notice, and recover reasonable costs of collecting overdue amounts where permitted by law.
- You are responsible for any fees charged by your bank or card issuer, including currency conversion fees.
5. Online payments via PayPal
- Card payments made on this website are processed by PayPal. Your card details are entered directly into secure fields provided by PayPal, and are not received or stored by us.
- Your use of PayPal's payment services is also subject to PayPal's own terms and privacy statement.
- When paying, please enter the correct amount and the invoice or reference number shown on your invoice so we can match your payment. If you overpay or pay the wrong invoice, contact us and we will correct or refund the difference.
- A payment is complete only once it has been approved and captured by PayPal. We may contact you to verify a payment, and may decline or refund a payment we reasonably suspect is fraudulent or unauthorised.
- Before making a payment, you must tick the box confirming that you agree to these Terms and our Refund Policy.
6. Cancellations and refunds
Cancellations and refunds are dealt with under our Refund & Cancellation Policy, which forms part of these Terms.
7. Scope of our advice
We provide strategic advisory, governance and project support services. Unless expressly agreed in writing in an Engagement, our services do not include, and should not be relied on as:
- legal advice;
- financial product advice or personal financial advice;
- tax advice or accounting, audit or assurance services; or
- engineering, planning certification or other regulated professional services.
Where a matter requires advice of that kind, we recommend you obtain it from an appropriately qualified and, where relevant, licensed professional. Final decisions about your business remain yours.
8. Intellectual property
- The content of this website (including text, graphics, logos and design) is owned by or licensed to us and is protected by intellectual property laws. You may view and print pages for your personal or internal business use, but you must not otherwise copy, reproduce, publish or modify the content without our written consent.
- Unless your Engagement states otherwise: we retain ownership of our pre-existing materials, methods, templates and know-how; and on full payment of our fees, you receive a non-exclusive, perpetual licence to use the deliverables we prepare for you for your internal business purposes and the purpose for which they were prepared.
9. Confidentiality and privacy
We treat information you provide in connection with an engagement as confidential, except where disclosure is needed to deliver the services with your consent, is required by law, or the information is already public. We handle personal information in accordance with our Privacy Policy.
10. Liability
Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the ACL or any other law, that cannot lawfully be excluded or limited.
Limitation
Subject to the paragraph above and to the extent permitted by law:
- where our liability for a failure to comply with a consumer guarantee can be limited, our liability is limited (at our option) to supplying the services again or paying the cost of having the services supplied again;
- we are not liable for any indirect or consequential loss, or for loss of profit, revenue, opportunity or data, arising from your use of this website or our services, except to the extent that loss was caused by our negligence, breach of these Terms or breach of a consumer guarantee and was reasonably foreseeable;
- we are not liable for loss caused by your failure to provide complete and accurate information, by decisions of third parties outside our control, or by the unavailability of this website or of PayPal's services; and
- our total liability to you in connection with an engagement is limited to the fees paid by you for that engagement, unless your Engagement states otherwise.
Each party's liability is reduced to the extent the other party caused or contributed to the relevant loss.
11. Third-party sites and services
This website may link to, or use services provided by, third parties (including PayPal). We are not responsible for third-party websites or services, their content or their privacy practices.
12. Ending an engagement
Either party may end an engagement as set out in the Engagement or our Refund & Cancellation Policy. We may also end an engagement by written notice if you do not pay fees when due after a reminder, if continuing would require us to act unlawfully or unethically, or if a conflict of interest arises that cannot be appropriately managed. Clauses that by their nature should survive (including fees for work performed, intellectual property, confidentiality and liability) survive the end of an engagement.
13. Governing law
These Terms are governed by the laws of South Australia, Australia. You and we submit to the non-exclusive jurisdiction of the courts of South Australia and the courts that may hear appeals from them.
14. General
- We may update these Terms from time to time by publishing a new version on this website. Changes do not affect an Engagement already agreed unless you agree.
- If any part of these Terms is invalid or unenforceable, it will be read down or severed, and the rest of these Terms will continue to apply.
- A failure or delay by us in exercising a right does not waive that right.
15. Contact us
- Slingsby Consulting Pty Ltd
- Trading address: 152 Port Rd, Alberton SA 5014
- Registered address: 65 Henley Rd, Mile End SA 5031
- Email: admin@slingsbyconsulting.com.au
- Phone: 0495 044 376