Business Planning HQ Terms of Service
1. Terms of service
Mission HQ Pty. Ltd. Trading as Business Planning HQ (“Service Provider”) provides its Business Planning services to the end user (“you”, “your”).
2. Description of service
(a) Provision of an Excel 2007 file known as The Business Planning Tookit to be completed by you. It is expected that the toolkit will be answered without reference to Business Planning HQ and that the instructions and video tutorials will provide sufficient guidance. Any errors or omissions should be report immediately to Business Planning HQ.
(b) You are responsible for completion of the Toolkit, the quality of answers and your ability to follow instructions provided will directly impact the quality of the resultant document(s). The Toolkit must be provided with the required information in a completed manner.
(c) On receipt of the business planning toolkit, the Service Provider will incorporate your business planning information directly into one or more pre-established templates. Customisation of the templates is at your discretion and can be completed by you once the completed templates are provided.
(c) You are responsible for obtaining access
to the Service and that access may involve fees to Service Provider or third
party fees (such as Internet service provider or airtime charges).
(d) You must provide and are responsible for all equipment necessary to access the Service.
You agree to indemnify and hold Service Provider, and its suppliers, and Service Provider’s and its suppliers’ affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service. You will be liable for all content associated with your document(s).
10. Dealings with third parties
Your interaction with third parties, including (without limitation): participation in promotions of, advertisers found on or through the Service, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties, and that Service Provider and its suppliers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the presence of such third parties on the Service.
Neither party may, without the prior written approval of the other party, use the other party’s Confidential Information for any purpose other than the performance of its obligations or exercise of its rights under this Agreement, or disclose to any person any information about the terms of this Agreement or the other party’s Confidential Information unless the disclosure is necessary for that purpose. Those obligations do not apply to information which:
(a) is, on the date of this Agreement, or becomes public knowledge other than by breach of the obligations imposed by this clause (provided that in doing so the recipient shall not disclose any such information which is not public knowledge;
(b) is lawfully in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party;
(c) is legally required to be disclosed; or
(d) the receiving party can show has been independently developed or acquired by the receiving party (other than as a result of a breach of this Agreement , any other agreement or any duty of confidentiality between the parties).
12. Intellectual Property Rights (IPR)
Service Provider owns and shall continue to own all Service Provider Intellectual Property Rights (IPR).
(b) You grant the Service Provider a royalty free, non-exclusive right to use Client IPR for the purpose of providing the Services.
(c) The Service Provider agrees that Deliverable IPR is your property from inception.
(d) You own and will continue to own all Your IPR and, subject to payment of the Fees, all Deliverable IPR created for You by The Service Provider.
(e) To the extent that any Service Provider IPR is embodied in any Deliverable, Service Provider grants You a personal, non-exclusive, royalty free right to use that Service Provider IPR to the extent necessary to obtain the full benefit of the Services.
13. Service providers's proprietary rights
You agree the Service and any necessary software used in connection with it ("Software" contain proprietary and confidential information protected by applicable intellectual property and other laws, including but not limited to copyright, and trade and service mark protections, and is owned by Service Provider or its suppliers. Service Provider grants you a personal, non- transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided you do not (and do not allow any third party to) reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software or Service, copy, modify, rent, lease, loan, sell, distribute, or create derivative works of or based on, the Service or the Software, in whole or in part, or use modified versions of the Software, including (without limitation) to obtain unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces provided by or through Service Provider for use in accessing the Service.
14. Disclaimer of warranties, representations and conditions
(a) YOU EXPRESSLY
UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SERVICE PROVIDER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS,
GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SERVICE PROVIDER AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL TRANSMITTED, RECEIVED, DOWNLOADED OR OTHERWISE OBTAINED OR SENT, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE OPENING, DOWNLOAD OR SENDING OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR ITS SUPPLIERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
15. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERVICE PROVIDER AND ITS SUPPLIERS, SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF SERVICE PROVIDER OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO A MAXIMUM OF THE FEES YOU HAVE ALREADY PAID TO SERVICE PROVIDER FOR THE MONTH IN WHICH THE EVENT GIVING RISE TO THE LIABILITY OCCURRED.
16. Exclusions and limitations
Some jurisdictions bar limitation or exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this Agreement may not apply to you.
17. Trademark information
Without Service Provider's prior permission, you agree not to display or use in any manner, the Service Provider’s or its suppliers’ trademarks or service marks.
18. General information
The TOS and the relationship between you and Service Provider shall be governed by the laws of the state of Victoria and Australia without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria. The failure of Service Provider to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS and schedules are for convenience only and have no legal or contractual effect.
Please read the
Service Provider collects personally identifiable information when you register for a Service Provider account. Information Sharing and Disclosure. Except as required by law, Service Provider will not sell or rent your personally identifiable information to anyone without your consent. Service Provider will send personally identifiable information about you to other companies or people when: We have your consent to share the information; We need to share your information to provide the product or service you have requested; We need to send the information to companies who work on behalf of Service Provider to provide a product or service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.); We respond to subpoenas, court orders or legal process; or We find that your actions violate the TOS or any of our usage guidelines for specific products or services.
Service Provider may edit this policy from time to time. If we make any substantial changes we will notify you by posting a prominent announcement on our pages.