Terms and Conditions

Website Terms and Conditions of Use

  1. About the Website
    1. Welcome to Business Evaluation Tool (the ‘Services’) by Strategy State and to our website strategystate.com (the ‘Website’).
    2. The Website is operated by Strategy State. Access to and use of the Website, or any of its associated Products or Services, is provided by Strategy State. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
    3. Business Evaluation Tool reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Business Evaluation Tool updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  2. Acceptance of the Terms.
    1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Business Evaluation Tool in the user interface.
  3. Purchasing of the Products.
    1. In order to access the Products, you must first purchase a product through the Website (the ‘Product’) and pay the applicable fee for the selected Product (the ‘Product Fee’).
    2. In purchasing the Product, you acknowledge and agree that it is your responsibility to ensure that the Product you elect to purchase is suitable for your use.
    3. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
      1. Email address
      2. Business Information
    4. You warrant that any information you give to Business Evaluation Tool in the course of completing the registration process will always be accurate, correct and up to date.
  4. Payment
    1. Where the option is given to you, you may make payment of the Product Fee by way of:
      1. PayPal (‘PayPal’)
      2. Credit Card
    2. All payments made in the course of your use of the Product are made using PayPal or Credit Card. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the PayPal terms and conditions which are available on their website.
    3. You acknowledge and agree that where a request for the payment of the Product Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Product Fee.
    4. You agree and acknowledge that Business Evaluation Tool can vary the Product Fee at any time.
  5. Refund Policy
    1. Business Evaluation Tool will only provide you with a refund in the event they are unable to provide you with the Product or if the manager of Business Evaluation Tool makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.
  6. Copyright and Intellectual Property
    1. The Website, the Services and all of the related Products of Business Evaluation Tool are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Business Evaluation Tool or its contributors.
    2. Business Evaluation Tool retains all rights, title, and interest in and to the Website and all related Products and Services. Nothing you do on or in relation to the Website will transfer any: to you.
      1. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
      2. a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
    3. You may not, without the prior written permission of Business Evaluation Tool and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
  7. Privacy
    1. Business Evaluation Tool takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Business Evaluation Tool’s Privacy Policy, which is available on the Website.
  8. General Disclaimer
    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    2. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      2. Business Evaluation Tool will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Business Evaluation Tool make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Business Evaluation Tool) referred to on the Website. Includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
      3. costs incurred as a result of you using the Website, the Services or any of the products of Business Evaluation Tool; and
      4. the Services or operation in respect to links which are provided for your convenience.
  9. Limitation of liability
    1. Business Evaluation Tool’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
    2. You expressly understand and agree that Business Evaluation Tool, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  10. Indemnity
    1. You agree to indemnify Business Evaluation Tool, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
      3. any breach of the Terms.
  11. Venue and Jurisdiction
    1. The Services offered by Business Evaluation Tool is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
  12. Governing Law
    1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  13. Independent Legal Advice
    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  14. Severance
    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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