Website and Online Sales Terms and Conditions

This website and domain name are owned and operated by Company Restructure Pty Ltd ACN 074 670 152 ("Company Restructure"). This website is made available by Company Restructure and all content, information, software, text, graphics, logos, design, layout, downloads, pricing, products and services provided on and through this website to you ("Content"), as well as your use and/or your purchase of any:
(a) tools and templates included in the restructuring tool kit, ("Tool Kit”),
are governed by the following website and online sale terms and conditions ("Website Terms and Conditions").

By using this website, and in consideration of Company Restructure providing you with access to this website, you agree to the following Website Terms and Conditions, which, together with the Privacy Policy, govern your access to and use of this website. The Website Terms and Conditions, and the Privacy Policy constitute the entire agreement ("Agreement") between you and Company Restructure in relation to this website, the Content and any purchase of Tool Kit items by you.

If you do not agree with the Website Terms and Conditions, or the Privacy Policy, do not access or use this website.

1. LICENCE TO USE THIS WEBSITE

1.1 As a user of this website, you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use this website, the Content and the Programs in accordance with these Website Terms and Conditions.

1.2 Company Restructure may terminate this licence at any time for any reason whatsoever immediately and without notice.

1.3 If you wish to download and use any materials contained on this website (including materials from a Tool Kit) for a temporary purpose (such as viewing offline), you may do so. However, downloading materials contained on this website for reproduction may only be done upon receipt of prior written consent from Company Restructure or upon purchase of the appropriate Tool Kit for the legitimate and proper purpose of conducting your business.

2. LIMITATIONS ON USE

2.1 You must not:

1. (a) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this website, the Content or a Tool Kit item;
2. (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users in relation to this website, the Content or a Tool Kit item;
3. (c) use any robot, spider, other automatic software or device, or manual process to monitor or copy this website, the Content or material in a Program;
4. (d) copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of this website, the Content or material in a Tool Kit item;
5. (e) establish links to this website, the Content or a Tool Kit item from any third party website;
6. (f) use this website in breach of any applicable laws or regulations;
7. (g) use this website to harm, abuse, harass, stalk, threaten or otherwise offend others;
8. (h) interfere with, disrupt, or create an undue burden on this website;
9. (i) upload, post, transmit or otherwise make available any material that:
   1. (A) is not your original work, or which may infringe the intellectual property or other rights of another person;
   2. (B) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
   3. (C) includes an image or personal information of another person unless you have their consent;
   4. (D) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
   5. (E) contains large amounts of untargeted, unwanted or repetitive content; or
   6. (F) contains financial, legal, medical or other professional advice.

2.2 If you believe that a user has breached any of the above conditions, please contact us at privacyofficer@companyrestructure.com.au.

3. RESTRICTION ON USE OF WEBSITE BY COMPETITORS

3.1 You must not:

1. (a) use or access this website;
2. (b) download any Content, document or information from this website;
3. (c) obtain any Content, document or information on this website through a third party;
4. (d) reproduce any document or information on this website;
5. (e) republish, upload, transmit or distribute any of the Content, documents or information you download from this website; or
6. (f) apply for a Tool Kit item, if you are a competitor of Company Restructure.

3.2 You will be considered to be a competitor of Company Restructure if your business is competitive with or similar to the business of Company Restructure, being a management consultancy or the online sale and distribution of business template documents and information or if you intend to do so.

4. INTELLECTUAL PROPERTY

4.1 Intellectual Property Rights means:

1. (a) patents, trade marks, services marks, graphics, design rights (whether registered or unregistered and includes any applications for these rights);
2. (b) copyright (including future copyright) throughout the world in all literary works, artistic works, computer software and any other works or subject matter in which copyright subsists and may in the future subsist;
3. (c) trade or business names;
4. (d) know-how, confidential information and trade secrets; and
5. (e) any other similar rights or obligations whether registrable or not in any country.

4.2 You acknowledge and agree that (other than as expressly set out in these Website Terms and Conditions) you obtain no Intellectual Property Rights in this website or any part of the Content or Programs. As between you and Company Restructure, all Intellectual Property Rights in this website, the Content and the Programs vest in Company Restructure.

4.3 If you become aware of any infringement or suspected infringement by any third party of any Intellectual Property Rights in this website, the Content or the Programs, you must immediately notify Company Restructure.

5. LINKING AND THIRD PARTY CONTENT

5.1 You must not link to, frame or mirror any part of this website without Company Restructure’s prior written authorisation.

5.2 This website may contain links to or display the content of third parties ("Third Party Content"), including links to websites operated by other organisations and individuals ("Third Party Websites"). Third Party Content and Third Party Websites are not under the control of Company Restructure. Company Restructure does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

6. ERRORS AND CORRECTIONS

6.1 Company Restructure does not represent or warrant that this website, the Content or the Programs will be:

1. (a) error-free, complete, true, accurate, timely, reliable or otherwise not misleading;
2. (b) free of viruses or other harmful components; or
3. (c) available or accessible.

6.2 Company Restructure may make improvements or changes to the features and/or functionality of this website, the Content or the Tool Kit at any time.

6.3 Nothing on this website, the Content or the Tool Kit constitutes, or may be taken to constitute, advice of any kind.

7. USE OF THE PROGRAMS

7.1 Registration

1. (a) You may be required to register in order to download a tool from the Tool Kit. If registration is requested, you agree to provide Company Restructure with accurate and complete registration information and to inform Company Restructure of any changes to that information.
2. (b) Each registration is for a single individual only, unless specifically designated otherwise on the registration page.
3. (c) You must not allow any other person to use your name and password to access and use the sections of this website requiring registration.

7.2 Purchase of Tool Kit Items

1. (a) You may purchase Tool Kit Items securely with a valid credit card.
2. (b) By submitting an order, you represent and warrant that you are authorised to use the designated credit card and authorise your order (including taxes and freight charges) to be charged to the valid credit card that you use. If the credit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
3. (c) Placement of an order is an offer to purchase a Tool Kit Items. Company Restructure may accept your order by processing your payment and organising delivery of the Tool Kit Items to your delivery address or may, for any reason (including circumstances where Company Restructure has insufficient Tool Kit Items to fulfil the order or where the Tool Kit Items ordered have been discontinued), decline to accept your order or any part of your order.
4. (d) You will be bound to purchase any Tool Kit Items once you submit an order for processing. Orders once accepted cannot be cancelled or varied without Company Restructure's written consent.
5. (e) Company Restructure reserves the right at any time and without notice to impose a limit on the amount of Tool Kit Items you may purchase.

7.3 Price

1. (a) All references to $ and dollars on the Tool Kit Item are to Australian currency. All prices were current at the time of publication on the website and are inclusive of GST. No delivery or access to Tool Kit Item will be made until payment has been made in full.
2. (b) You are responsible for any costs associated with accessing the Tool Kit Item and for submitting an order including any internet service provider fees and all telephone call charges.

8. ADVERTISING AND SPONSORSHIP

8.1 This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws.

8.2 Company Restructure is not responsible for the illegality of, or any error or inaccuracy in, advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

9. LIMITATION OF LIABILITY

9.1 Subject to clause 9.2:

1. (a) this website, the Content and the Programs are provided on an “as is, as available” basis. Company Restructure makes no warranty or representation to you as to the performance or operation of this website, the Content or the Programs including the Tool Kit;
2. (b) all conditions, warranties and implied terms, whether statutory or otherwise, are excluded in relation to the website, the Content and the Programs including the Tool Kit; and
3. (c) Company Restructure excludes any liability for legal costs and disbursements and, without limitation, any indirect or consequential expense, loss or damage, loss or damage to reputation, deletion or corruption of electronically stored information, lost data, loss of goodwill, loss of profits, revenue, use, expectation or opportunity, wasted expenditure, lost production or similar losses suffered by you under or in connection with this website, the Website Terms and Conditions, the Content or the Programsincluding the Tool Kit.

9.2 The Australian Consumer Law ("ACL") provides consumers (as that term is defined in the Competition and Consumer Act 2010 (Cth)) with a number of protections and consumer guarantees ("Consumer Guarantees") which cannot be excluded or limited. These Website Terms and Conditions, and in particular the limitations of liability set out in clause 9.1 of these Website Terms and Conditions, are therefore subject to, and will not apply to the extent that they limit or exclude such protections or Consumer Guarantees applicable to consumers. However where the ACL permits Company Restructure to limit the remedies available to it for a breach of a Consumer Guarantee, Company Restructure hereby limits its remedies to you, at Company Restructure's option, in the case of goods, to the repair or replacement of the goods, the supply of equivalent goods or the payment of the cost of having the goods repaired or replaced or having equivalent goods supplied and, in the case of service, to supplying the services again or paying the cost of having the services supplied again.

9.3 You must indemnify Company Restructure in respect of all losses, damages and expenses and all claims and demands made by a third party arising out of any of the following:

1. (a) your breach of these Website Terms and Conditions; and
2. (b) any negligent, wilful or fraudulent conduct by you, your employees, representatives or agents.

10. PRIVACY POLICY

Company Restructure’s Privacy Policy is incorporated by reference into these Website Terms and Conditions. By using this website, you agree to the Privacy Policy

11. DISCLAIMER

11.1 Whilst all information and documentation on this website, in the Content and in the Programs has been prepared in good faith, Company Restructure is not a legal practitioner and therefore is not able to provide legal advice or services. This website, the Content and the Programs are intended to provide you with information. They are not intended to, nor should they be used to, provide legal advice or services.

11.2 It is highly recommended that you seek professional legal advice before using any Content or Program.

11.3 Company Restructure endeavours to keep all information on this website up to date and correct. However, to the extent permitted by law, Company Restructure makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the information or products, contained on this website for any purpose. Any reliance you place on such information is strictly at your own risk.

12. GENERAL

12.1 Each party acknowledges and agrees that the Agreement supersedes all prior communications between them in connection with its subject matter. The parties further acknowledge that, except as expressly stated in the Agreement, they have not relied on any representation, warranty or undertaking of any kind made by or on behalf of the other party in relation to the Agreement.

12.2 Company Restructure may change these Website Terms and Conditions by posting a new version on this website. Any use of this website after a change of the Website Terms and Conditions takes effect will be governed by the latest Website Terms and Conditions.

12.3 Each party warrants that it has the authority, power and capability to enter into and to perform its obligations under these Website Terms and Conditions and that its obligations under these Website Terms and Conditions are binding and enforceable.

12.4 Each term of these Website Terms and Conditions must be interpreted in such a manner as to be effective and valid under applicable law. If any term of these Website Terms and Conditions is held to be prohibited by or invalid under applicable law, that term is ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of these Website Terms and Conditions.

12.5 A term of these Website Terms and Conditions may not be waived except in writing signed by the party granting the waiver. The waiver by a party of a breach by another party of any term of these Website Terms and Conditions does not operate as a waiver of another or continuing breach by that party of that term or any other term of these Website Terms and Conditions.

12.6 These Website Terms and Conditions are governed by the laws applicable in the State of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State.

13. Contact

If you have any queries regarding these terms and conditions, please contact us on contact@companyrestructure.com.au.