Business Kitz Subscription Terms and Conditions

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Please carefully read these general terms and conditions (“Terms and Conditions”) for the Business Kitz website and products including, but not limited to the provision of a collection or an individual copy of human resource documents, resources, agreements, policies, frameworks and guides available on the Business Kitz website (“Product(s)”). The Products will be provided as mutually agreed to by both parties in accordance with these Terms and Conditions and the Product Description.

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Parties: You will be referred to throughout these Terms and Conditions as “you” or “your”. Business Kitz Australia Pty Ltd ACN 648 465 025 and Associated Entities will be referred to throughout as “Business Kitz” or “we” or “our”.

Overview: The Business Kitz Website Terms and Conditions include these Terms and Conditions, the Business Kitz Privacy Policy, the relevant Product Description and any other terms and conditions that appear in or are linked to the Business Kitz website (“Business Kitz Software Licence Terms of Use”).

The Business Kitz Software Licence Terms of Use that appear on Business Kitz’ website will govern your use of, and access to, certain sections of the Business Kitz software and website where they appear. Since these Business Kitz Software Licence Terms of Use form part of the Terms and Conditions, you are bound by them and should review them wherever they are relevant to you when using the Business Kitz software and/or website.

Business Kitz Products are designed to streamline, systemise and help manage common business and human resources requirements and obligations faced by Australian businesses. Business Kitz is not a law firm and as such the supply of the Products is not the provision of legal services. The Products are standard templates and are not designed to suit your specific needs, objectives or circumstances and do not amount to legal or other advice. Using, receiving information from, downloading from, or otherwise interacting with our website, or purchasing any of the Products, does not mean that we become your lawyers or that a solicitor-client relationship is formed.

1. 1. Definitions
      In these Terms and Conditions, unless the context or subject matter otherwise requires:
      
      • Account means an account created or maintained by you to access and use the Business Kitz Platform.
      • Agreement means these Terms and Conditions together with the Privacy Policy, applicable Plan Description and any other terms expressly incorporated into these Terms and Conditions.
      • Associated Entities means Business Kitz Australia Pty Ltd and any other relevant associated entities.
      • Authorised User means any person who is authorised by you to access or use your Account or the Business Kitz Platform, including your Personnel where applicable.
      • Business Kitz means Business Kitz Australia Pty Ltd ACN 648 465 025 and, where applicable, its Associated Entities.
      • Business Kitz Platform means the Business Kitz website, software platform and associated products, features, functionality and services made available by Business Kitz from time to time.
      • Claim means a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement, or liability incurred by or to be made or recovered by or against an entity, however arising and whether ascertained or unascertained, immediate, future or contingent.
      • Confidential Information includes any information provided by one party to the other which is, or can reasonably be inferred to have been, provided in commercial confidence or is of a confidential nature, whether or not expressly marked “Confidential”, including information relating to commercial activities, technologies, business processes, customers, employees, partners, suppliers, strategic information, know-how and the business of the disclosing party.
      • Cookies means small blocks of data created or used while you access the Business Kitz website or Platform and stored on your computer, browser or other device.
      • Customer Data means information, documents, files, records and other data uploaded, entered, submitted, generated, created or stored by you or your Authorised Users through the Business Kitz Platform.
      • Fees means any fees payable by you for a Subscription Plan or any other paid product or service provided by Business Kitz, as displayed or otherwise agreed with you at the time of purchase.
      • Free Plan means any Subscription Plan made available by Business Kitz without a recurring subscription fee.
      • Intellectual Property means all intellectual or industrial property rights anywhere in the world, whether registered, unregistered or capable of registration, including copyright, trademarks, business names, designs, patents, inventions, moral rights (where transferable), confidential information, trade secrets, know-how, databases, software, source code, documentation, content, templates, processes, concepts and other proprietary materials.
      • Personnel means the officers, employees, consultants, contractors and agents of a person, business or company.
      • Plan Description means the description of a Subscription Plan made available by Business Kitz on its website, Platform, checkout page or otherwise provided to you, including the applicable Fees, features, functionality and Plan Limits.
      • Plan Limits means the limits, allowances or restrictions applicable to a Subscription Plan, which may include limits relating to eSignatures, storage, documents, templates, profiles, users, artificial intelligence functionality or other features or usage.
      • Privacy Policy means the Business Kitz privacy policy made available on the Business Kitz website, as amended from time to time.
      • Services means the services, functionality, software, features and other products or services provided or made available by Business Kitz through or in connection with the Business Kitz Platform.
      • Subscription means your right to access and use a paid Subscription Plan for the applicable Subscription Period, subject to these Terms and Conditions.
      • Subscription Period means the monthly, annual or other subscription or billing period selected by or applicable to you.
      • Subscription Plan means a plan through which Business Kitz provides access to specified features and functionality of the Business Kitz Platform, including any Free, eSign, Essentials, Growth or other plan offered by Business Kitz from time to time.
      • Third-Party Products means any data, services, applications, software, integrations, products or services provided by a third party rather than Business Kitz, including third-party services that integrate with or are accessible through the Business Kitz Platform.
      • Website means the Business Kitz website and any related webpages operated by Business Kitz.
   2. Agreement to these Terms and Conditions
      
      • These Terms and Conditions govern your access to and use of the Business Kitz Platform and Services.
      • You agree to be bound by these Terms and Conditions when you:
        
        • create an Account;
        • select or subscribe to a Subscription Plan;
        • click or otherwise indicate that you agree to these Terms and Conditions; or
        • otherwise access or use the Business Kitz Platform after being presented with these Terms and Conditions.
      • If you do not agree to these Terms and Conditions, you must not create an Account, subscribe to a Subscription Plan or access or use the Business Kitz Platform.
      • If you accept these Terms and Conditions on behalf of a business, company or other organisation, you warrant that you have authority to bind that entity to these Terms and Conditions.
      • You are responsible for ensuring that your Authorised Users comply with these Terms and Conditions when accessing or using the Business Kitz Platform through your Account.
      • These Terms and Conditions apply to both Free Plans and paid Subscription Plans, except where a provision expressly states otherwise.
   3. Subscription Plans and Services
      
      • Business Kitz may offer Free and paid Subscription Plans with different features, functionality and Plan Limits.
      • The features, functionality, Plan Limits, Fees and billing options applicable to each Subscription Plan will be set out in the applicable Plan Description at the time you subscribe or otherwise select the Subscription Plan.
      • By selecting a Subscription Plan, you agree to the applicable Plan Description and, for a paid Subscription Plan, to pay the applicable Fees in accordance with these Terms and Conditions.
      • You are responsible for selecting a Subscription Plan that is suitable for your business requirements.
      • Business Kitz may introduce, modify or discontinue Subscription Plans, features or Plan Limits from time to time. Where a change materially adversely affects your existing paid Subscription, Business Kitz will provide reasonable notice before the change takes effect, unless the change is required sooner for legal, regulatory, security or technical reasons.
      • Additional products, services, features or usage may be offered separately and may be subject to additional Fees or terms disclosed to you before purchase.
   4. Access to the Business Kitz Platform
      
      • Subject to these Terms and Conditions, Business Kitz grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Business Kitz Platform and the features available under your Subscription Plan for your internal business purposes.
      • Your access to features and functionality of the Business Kitz Platform is determined by your Subscription Plan and its applicable Plan Limits.
      • Certain documents, templates, resources or other content may be made available for viewing, creating, editing, signing, storing or downloading through the Business Kitz Platform, depending on your Subscription Plan and the functionality made available by Business Kitz from time to time.
      • You must use the Business Kitz Platform in accordance with these Terms and Conditions and must not use the Platform for any unlawful, fraudulent or unauthorised purpose.
      • Business Kitz may update, improve or modify the Business Kitz Platform and its functionality from time to time, subject to these Terms and Conditions.
   5. Fees and billing
      
      • If you select a paid Subscription Plan, you agree to pay the Fees applicable to that Subscription Plan as displayed or otherwise agreed with you at the time you subscribe.
      • Unless otherwise stated, Fees displayed to Australian customers are inclusive of GST.
      • Depending on the Subscription Plan selected, Fees may be charged monthly, annually or at another billing frequency disclosed to you before you subscribe.
      • By providing a payment method for a recurring Subscription, you authorise Business Kitz and its payment provider to charge the applicable Fees to that payment method at the beginning of each Subscription Period until your Subscription is cancelled or otherwise terminated in accordance with these Terms and Conditions.
      • Paid Subscriptions automatically renew for successive monthly or annual Subscription Periods, depending on the billing option you select, unless you cancel before your next renewal date. You may cancel your Subscription at any time. Cancellation will take effect at the end of your current paid Subscription Period, unless otherwise stated at the time of cancellation.
      • You are responsible for maintaining a valid payment method and ensuring that your billing information is accurate and up to date.
      • If payment cannot be successfully processed when due, Business Kitz may retry the payment and may restrict or suspend access to some or all paid features until payment is received. Where reasonably practicable, Business Kitz will provide notice before suspending access for non-payment.
      • Business Kitz may change the Fees applicable to a Subscription Plan from time to time. Any increase to the recurring Fees payable for your existing Subscription will not take effect until Business Kitz has provided you with reasonable prior notice and will apply from a future renewal or billing period specified in that notice.
      • Any promotional pricing, discount, free period, partner offer or other special offer may be subject to additional eligibility requirements, limitations or terms disclosed when the offer is made. Unless otherwise stated, once the promotional or discounted period ends, your Subscription will continue at the then-applicable standard Fee for your Subscription Plan.
      • Additional products or services that are not included in your Subscription Plan may incur additional Fees. Any applicable Fees will be disclosed to you before you purchase those products or services.
   6. Cancellation of Subscriptions
      
      • You may cancel your paid Subscription at any time.
      • If you cancel a monthly Subscription, your cancellation will take effect at the end of your current monthly Subscription Period and you may continue to access the features of your Subscription Plan until that date.
      • If you cancel an annual Subscription, your cancellation will take effect at the end of your current annual Subscription Period and you may continue to access the features of your Subscription Plan until that date.
      • Unless otherwise required by law or expressly stated in our Refund Policy, cancellation does not entitle you to a refund or credit for any unused portion of a Subscription Period that has already been paid.
      • After your cancellation takes effect, your access to paid features will cease or, where Business Kitz permits, your Account may revert to the Free Plan and bec
   7. Upgrades and Downgrades
      
      • You may change your Subscription Plan through the Business Kitz Platform where that functionality is available, or by contacting Business Kitz.
      • If you upgrade your Subscription Plan, the upgrade may take effect immediately and you will be charged any applicable additional Fees, which may be calculated on a pro-rata basis for the remainder of your current Subscription Period.
      • If you downgrade your Subscription Plan, the downgrade will take effect at the end of your current paid Subscription Period, unless otherwise stated at the time you request the downgrade.
      • When a downgrade takes effect, your Account will become subject to the features and Plan Limits of the new Subscription Plan.
      • If your use of the Business Kitz Platform exceeds the Plan Limits of the new Subscription Plan at the time a downgrade takes effect, some features, functionality or access may be restricted until your usage is brought within the applicable Plan Limits or you upgrade your Subscription Plan.
   8. Suspension and Termination
      
      • Business Kitz may suspend or restrict your access to the Business Kitz Platform where:
        
        • Fees are overdue or payment cannot be successfully processed;
        • you materially breach these Terms and Conditions;
        • your use of the Business Kitz Platform is unlawful, fraudulent or poses a security risk to the Business Kitz Platform or other users; or
        • suspension is reasonably necessary to comply with applicable law.
      • Where reasonably practicable, Business Kitz will provide you with notice of the suspension and an opportunity to remedy the issue before suspending your Account, unless immediate suspension is reasonably necessary for security, legal or fraud-prevention purposes.
      • Business Kitz may terminate your Account or Subscription if you materially breach these Terms and Conditions and fail to remedy that breach within a reasonable period after being notified, or where the breach is incapable of remedy.
      • Termination or suspension does not affect any rights or obligations that accrued before the date of termination or suspension.
   9. Account Security and Authorised Users
      
      • You are responsible for maintaining the confidentiality and security of your Account login details and for taking reasonable steps to prevent unauthorised access to your Account.
      • You are responsible for the use of the Business Kitz Platform by your Authorised Users and must ensure that they comply with these Terms and Conditions.
      • You must notify Business Kitz as soon as reasonably practicable if you become aware of any unauthorised access to or use of your Account.
      • You must not allow another person to access or use your Account except as an Authorised User or as otherwise permitted by Business Kitz.
   10. Artificial Intelligence Features
       
       • The Business Kitz Platform may include features that use artificial intelligence or machine learning technologies (AI Features), including technologies provided by third-party service providers.
       • Where you use AI Features, information, documents or other Customer Data submitted to or processed through those features may be processed by Business Kitz and its third-party service providers for the purpose of providing the relevant AI Features and Services.
       • Business Kitz will handle personal information processed in connection with AI Features in accordance with its Privacy Policy and applicable privacy laws.
       • AI-generated content may contain errors, omissions or inaccuracies and should not be relied upon as a substitute for professional advice or independent review where appropriate.
       • Your access to and use of AI Features may be subject to the features and Plan Limits applicable to your Subscription Plan.
   11. Intellectual Property
       
       • Business Kitz and its licensors retain all rights, title and interest in and to the Business Kitz Platform and its Intellectual Property, including its software, technology, templates, resources, content, designs, processes, functionality and documentation.
       • Subject to these Terms and Conditions and your applicable Subscription Plan, Business Kitz grants you a limited, non-exclusive, non-transferable and revocable licence to access and use the Business Kitz Platform and Business Kitz content for your internal business purposes.
       • Where your Subscription Plan permits you to access, use or download Business Kitz templates, documents or resources, you may use and adapt those materials for the legitimate internal purposes of your business. You must not reproduce, distribute, publish, resell, sublicense or otherwise commercially exploit Business Kitz templates, documents, resources or other Intellectual Property except as expressly permitted by Business Kitz.
       • You retain ownership of your Customer Data and any Intellectual Property owned by you before it is uploaded, entered or otherwise provided through the Business Kitz Platform.
       • You grant Business Kitz a non-exclusive licence to host, store, process, reproduce and otherwise use your Customer Data only to the extent reasonably necessary to provide, maintain, secure and improve the Business Kitz Platform and Services, comply with applicable law, and otherwise perform Business Kitz’s obligations under these Terms and Conditions.
       • You warrant that you have all rights, permissions and authorities reasonably necessary to upload, provide and use Customer Data through the Business Kitz Platform and to grant the rights described in clause 6.5.
       • Except for your Customer Data and Intellectual Property owned by you or a third party, any Intellectual Property developed by or on behalf of Business Kitz in connection with the Business Kitz Platform or Services remains the property of Business Kitz.
   12. Customer Data and Content
       
       • You retain ownership of your Customer Data. Except for the limited rights required for Business Kitz to provide the Platform and Services in accordance with these Terms and Conditions, Business Kitz does not acquire ownership of your Customer Data.
       • Business Kitz may access, host, store, process, transmit and otherwise use Customer Data to the extent reasonably necessary to provide, maintain, secure and support the Business Kitz Platform and Services, comply with applicable law, and exercise its rights and perform its obligations under these Terms and Conditions.
       • You are responsible for the Customer Data that you and your Authorised Users upload, enter, create, store or otherwise provide through the Business Kitz Platform.
       • You must ensure that you have all necessary rights, permissions, consents and authorities to provide Customer Data to Business Kitz and to permit Business Kitz to process that Customer Data in accordance with these Terms and Conditions and the Privacy Policy.
       • You and your Authorised Users must not upload, submit, transmit or use through the Business Kitz Platform any content that:
         
         • is unlawful, fraudulent, defamatory, threatening, abusive or otherwise prohibited by law;
         • infringes the Intellectual Property, privacy or other rights of another person;
         • contains malicious code, viruses or other material intended to damage, disrupt or interfere with the Business Kitz Platform or another system;
         • is used to send unsolicited or unauthorised advertising, promotional material or spam; or
         • is otherwise used in breach of these Terms and Conditions.
       • Business Kitz may remove, restrict access to or take reasonable action in relation to Customer Data where Business Kitz reasonably considers this necessary to comply with law, protect the security or integrity of the Business Kitz Platform, prevent misuse of the Services or enforce these Terms and Conditions.
       • Business Kitz will handle personal information contained in Customer Data in accordance with its Privacy Policy and applicable privacy laws.
   13. Privacy
       
       • You acknowledge that information about you, including information provided to Business Kitz on purchasing the Products will be held by Business Kitz. This information is collected by Business Kitz for the purpose of providing the Products to you.
       • When you send a completed online form or provide information through the Business Kitz website, we retain the information you have sent us. Business Kitz may then use that information to provide any Products that you require.
       • We will handle personal information in accordance with our Privacy Policy and applicable privacy laws. Business Kitz may however use your information in a general sense to create marketing statistics, identify user demands and to assist us in meeting customer needs generally. Business Kitz may use the information that you provide to improve its website and its Products.
       • For information on how to gain access to your personal information, how Business Kitz use your personal information, provision of contact details or other privacy matters, please see Business Kitz’ Privacy Policy located on Business Kitz’ website.
   14. Cookies
       
       • You acknowledge that our website uses Cookies and that the main purpose of these Cookies is to identify users of the Business Kitz website and to prepare customised web pages tailored to them.
       • You acknowledge that whilst Cookies do not identify you personally, they may link back to a database record about you.
       • Business Kitz use cookies to monitor usage of the Business Kitz website and to create a record of the following:
         
         • when you visit the Business Kitz website;
         • how frequently you visit the Business Kitz website;
         • how frequently you access the Business Kitz website;
         • how long you use the Business Kitz website for, the approximate location that you access the Business Kitz website from;
         • whether you access the Business Kitz website from multiple devices;
         • and what pages you view so that Business Kitz may serve you more effectively.
   15. Disclosure of information
       
       • Business Kitz may disclose information in good faith and where Business Kitz is required to do so:
         
         • by law or by any court;
         • to enforce the terms of any of our customer agreements;
         • to protect the rights, property or safety of Business Kitz, its customers or third parties;
         • for generally accepted marketing purposes; or
         • to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
   16. Website content and access
       
       • Whilst Business Kitz endeavours to take reasonable care in preparing and maintaining the information on the Business Kitz website we do not warrant the accuracy, reliability, adequacy, or completeness of any website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
       • It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.
       • Business Kitz does not guarantee that access to the Business Kitz website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Business Kitz website or any data on such a computer.
       • You access the Business Kitz website at your own risk. You must take your own precautions to ensure that the way you use the Business Kitz website does not expose you to the risk of viruses, malicious computer code or other forms of interference.
       • You must not add, remove, change, hack or otherwise interfere with the Business Kitz website, its content, or any product used in the provision of Business Kitz’s Products.
   17. Express disclaimers
       
       • To the fullest extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Business Kitz does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of the information or content on our website or within our Products. Business Kitz does not accept liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying upon any information included on the Business Kitz website. Nothing on our website or within our Products shall be construed as providing the user with advice.
       • Business Kitz is neither a law firm nor a firm that provides professional advice of any other kind. The information provided on the Business Kitz website is of a general nature only, and does not in any way, shape, or form, constitute legal, financial, insurance, investment, accounting, or other professional advice. Business Kitz does not represent, warrant or guarantee our product’s accuracy, currency or completeness to the maximum extent permitted by law.
       • You should make your own enquiries before acting or relying on any information or material which is made available to you pursuant to the Business Kitz website, contact with Business Kitz consultants or use our Products. You should consult with a qualified lawyer, financial advisor, insurer, accountant or other professional in your jurisdiction to provide you with the appropriate guidance where relevant. The Products provided by Business Kitz are in no way a substitute for these types of services and are especially not a substitute for legal services.
   18. Limitation of liability
       
       • To the maximum extent permitted by law:
         
         • Business Kitz’s liability for any breach, act or omission of Business Kitz or its Personnel (whether based in contract, tort including negligence, common law, equity, statute or otherwise) is limited in aggregate to the Fees paid by you to Business Kitz in the 12 months immediately preceding the event giving rise to the Claim;
         • Business Kitz is not responsible for any liability arising from your loss of capital, loss of anticipated wages, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, economic, special or consequential, punitive, exemplary loss or damage or expense, including loss or damage for:
           
           • breach of privacy;
           • breach of security;
           • loss of profits, revenue, time and/or goodwill; and
           • loss of anticipated savings, opportunity and/or production.
         • A Party’s liability under these Terms and Conditions, including any indemnity, will be reduced to the extent that the other Party caused or contributed to the relevant loss or liability.
   19. Indemnity
       
       • You indemnify Business Kitz (and each of its officers, employees, consultants and agents (“Indemnified Parties”)) and must keep the Indemnified Parties indemnified against all loss, damage (including indirect and consequential loss and damage), Claims (including claims for receiving harassing, menacing or offensive communications and spam), liability, expenses (including legal costs), third-party Claims against Business Kitz relating to your use of  the Products, insurance claims, dealings with Business Kitz staff, payment and/or outgoings incurred by or awarded against you arising directly or indirectly from:
         
         • your use of the Products;
         • non-performance of these Terms and Conditions;
         • any unlawful, wilful or negligent act or omission by you, your employees, officers, agents, consultants or contractors in connection with the supply of the Products under these Terms and Conditions;
         • a breach or default by you of your obligations (or any warranty) under these Terms and Conditions;
         • any infringement of Business Kitz’ Intellectual Property rights caused or contributed to by you or your agents, employees, contractors, consultants or officers;
         • damage to personal property; or
         • injuries suffered by you and/or any person working within or in affiliation with your organisation in relation to the events carried out under these Terms and Conditions.
   20. Competition and consumer law
       
       • Business Kitz complies with the Australian Consumer Law and provides all the Consumer Guarantees contained in the Competition and Consumer Act 2010 (Cth) to the extent they are applicable. Where Business Kitz breaches a warranty or guarantee which is implied by law into these Terms and Conditions and which cannot be lawfully excluded, then Business Kitz relies on section 64A of the Competition and Consumer Act 2010 (Cth). Accordingly, Business Kitz’s liability for any such breach shall be limited at our option, as long as it is fair and reasonable to do so, to any one or more of the following:
         
         • where there is a supply of goods, to the replacement or resupply of equivalent goods, or payment of the cost of replacing the goods or acquiring equivalent goods;
         • where there is a supply of services, to resupplying the services or payment of the cost of having the services resupplied.  
   21. Non-excludable liability (if any)
       
       • These Terms and Conditions do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
   22. Links to other websites
       
       • Our website and Products may contain links to other websites. This does not necessarily imply sponsorship, endorsement, or any arrangement whatsoever between Business Kitz and the owners of the linked websites.
       • Business Kitz takes no responsibility for any of the content, products, privacy policies or practices of any linked websites.
       • The Business Kitz website may contain information provided by third parties. Business Kitz accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
       • Business Kitz disclaims all responsibility for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such linked websites.  
   23. Third-Party Products
       
       • On the Business Kitz website, some Third-Party Products are available for you to purchase, including, but not limited to, insurance with our affiliates.
       • You acknowledge that these Third-Party Products are subject to terms and conditions and privacy notices set by their providers. These include important things like pricing, refund policies, and how the provider will use your data that you make available to them.
       • It is your responsibility to ensure that you have read and understood any third-party terms before entering into an arrangement with these providers. Business Kitz does not endorse or assume any responsibility for descriptions, links or information provided in relation to Third-Party Products on the Business Kitz website.
   24. Exclusion of competitors
       
       • If a principal part of your business is the retail sale or use of business document templates, agreement templates, business forms and policies, human resources documentation and resources, or business management software as a service, you are a competitor of Business Kitz.
       • Business Kitz expressly excludes and does not permit competitors to use the Business Kitz website, Products or obtain any such content through a third party.
       • Business Kitz holds any competitor who breaches these Terms and Conditions fully responsible for any loss that we might sustain and further holds the competitor accountable for all profits made from the breach of these Terms and Conditions. Business Kitz reserves the right to exclude any person from using our website or products.
   25. Entire agreement
       
       • These Terms and Conditions, together with the Privacy Policy, the applicable Plan Description and any other terms expressly incorporated into these Terms and Conditions, constitute the entire agreement between you and Business Kitz in relation to your use of the Business Kitz Platform and Services and supersede all previous communications, representations, understandings or agreements relating to their subject matter.
       • No other term is to be included in these Terms and Conditions except where it is required to be included by any state or federal legislation of Australia. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
   26. Exclusion of unenforceable terms and conditions
       
       • If a provision of these Terms and Conditions is found by a court of law to be invalid or unenforceable:
         
         • it is to be read down or severed to the extent of the invalidity or unenforceability; and
         • that fact does not affect the validity or enforceability of the remaining provisions.
   27. Severability
       
       • The invalidity or unenforceability of any provision in these Terms and Conditions shall not affect the rest of the provisions in these Terms and Conditions, which will continue in full force and effect.
   28. No waiver
       
       • No provision of these Terms and Conditions will be taken to be waived except by written notice signed by you and Business Kitz.
   29. Jurisdiction
       
       • These Terms and Conditions shall be governed by and construed according to the laws in force in the state of Queensland, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland. This applies regardless of your location when using the Services.
   30. Enquiries
       
       • For any enquiries about how to use or access the Business Kitz Products, please contact info@businesskitz.com.au
   31. Clickwrap agreement
       
       • By clicking “Agree and Continue”, you confirm that you have read and agree to be bound by these Terms and Conditions, the Privacy Policy, the applicable Plan Description and any other terms expressly incorporated into these Terms and Conditions.

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