Website Terms and Conditions of Use: www.smallbizexcelwhiz.com
These terms and conditions (Terms) apply when you use this website (Website).
By accessing and using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you (the User) and us (The Small Biz Excel Whiz, ABN 72 363 819 165 (the Provider, we, our, us).
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
Our services
The Small Biz Excel Whiz provides free and paid Excel templates for personal and non-commercial use. We also provide consulting services at an hourly rate which may include the creation of custom documents using Microsoft Excel software in accordance with client requirements and instructions. We do not provide professional financial, legal, or taxation advice and our services should not be interpreted or construed as such.
Disclaimers
The information we provide on this website is of a general nature only. We are not providing taxation, financial or other professional advice and you should obtain taxation, financial or other professional advice that is appropriate to your circumstances. We give no warranty and accept no liability should you use the information without obtaining independent advice.
Our Website, Products, and Services are provided on an 'as is' basis. We do not give any warranties or assurances that it will satisfy the User’s expectations or requirements.
It is the responsibility of the User to select the appropriate Content suitable and applicable to his or her specific use case. We do our best to keep a high-quality standard of the Content and Services offered via our Website and welcome User input to improve the quality of our Content and Resources.
We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
The Provider does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
Prohibited behaviour
You must not:
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copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Provider;
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use the Website for any purpose other than the purposes of browsing, selecting or purchasing products;
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use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
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use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
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use the Website with the assistance of any automated scripting tool or software;
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act in a way that may diminish or adversely impact the reputation of the Provider, including by linking to the Website on any other website; and
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attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
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gaining unauthorised access to Website accounts or data;
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scanning, probing or testing the Website for security vulnerabilities;
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instigate or participate in a denial-of-service attack against the Website.
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E-Commerce & Privacy
The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information which is required for executing the orders which are placed through the e-commerce facility, namely the User’s personal information, card details and telephone numbers will be kept in the strictest confidence by the Provider and not made known to any third parties. Card details are not retained by the Provider. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus or spyware protection software.
Cancellation and Refund Policy
The Provider encourages feedback from Users relating to the services which are offered through the Website. Refund requests for consulting services will be considered based on the services which have been utilised by the User and the reasons for requesting a refund as supplied by the User.
All templates available for download using this Website are provided on an 'as is' basis and we do not offer refunds, unless in the case where Products or Services have mistakes, issues, or are incorrect. Should such a case occur, we will happily receive feedback and will do our best to correct them with no extra charges.
Any complaints regarding the standard and quality of services bought by consumers through the e-commerce facility should be e-mailed to info@smallbizexcelwhiz.com.
Intellectual property
The Provider retains ownership of the Website and all materials on the Website (including text, files, documents, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
You agree not to infringe the Seller’s or any third party’s copyright or any other intellectual property rights or common law rights in any of the Products. For example you will not copy, download, re-transmit or disseminate any of the material. You also agree not to infringe any trade mark of the Seller or a third party regarding the Products. Any attempts to modify any Content, or to defeat or circumvent our security features is prohibited.
You, the visitor, may download the Content to a single computer and print any number of paper copies for your personal and non-commercial use only.
To be very specific, you are not allowed to post our Content to social networks (such as Facebook, Google+, etc.) or public galleries (such as Google Docs, Docstoc.com, Scribed.com, etc.). We do not transfer title of the software or Content to you. That means that we retain full and complete title to the Content and to all of the associated intellectual-property rights.
You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from the Provider or as permitted by law.
Privacy
We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page or the link at the bottom of this page.
Indemnity
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
You indemnify the Seller and its employees, agents, contractors, associates and affiliates against any and all claims, costs, damages and loss arising from:
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any breach or alleged breach of the Terms and Conditions; and/or
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any use of the Products,
If any part or provision of the Terms is or becomes invalid, void, unenforceable or in conflict with the law, that part or provision is severed from the Terms to the intent that all parts that are not, or do not, become void or unenforceable remain in full force and effect and are unaffected by that severance.
Choice of Law
This Website is controlled, operated and administered by the Provider from within Australia. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of Australian export laws and regulations. If the User accesses this Website from locations outside of Australia, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the State of Western Australia. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.