Terms of Service

1. About these terms

These Terms of Service (Terms) govern your use of the website at oztradinggroup.com.au and the supply of services by Oz Trading Group Pty Ltd (ABN 82 158 981 787, ACN 158 981 787) (we, us, our).

By using this website you accept these Terms. If you engage us to provide services, these Terms apply together with the written proposal or engagement letter for that engagement. Where there is any inconsistency, the signed or accepted proposal prevails to the extent of the inconsistency.

2. Our services

We provide general business consulting, operations advisory, digital and web services, marketing services, and automation and technology advisory to businesses in Australia.

The specific services to be provided in any engagement, together with the deliverables, exclusions, timeframes and fees, are set out in a written proposal. We are not obliged to perform work that is not described in an accepted proposal.

3. Scope of practice and important limitations

You acknowledge and agree that:

• we do not provide financial product advice or investment advice, and we do not hold an Australian Financial Services (AFS) licence;
• we do not provide credit assistance or credit advice, and we do not hold an Australian Credit Licence;
• we do not provide legal advice and are not a law practice;
• we do not provide taxation or accounting advice and are not registered tax agents; and
• nothing on this website, and nothing provided in the course of an engagement, constitutes advice of any of those kinds.

Our services are general business and technology consulting only. You should obtain independent advice from an appropriately licensed or registered professional before acting on any matter that involves financial products, credit, legal rights or taxation.

4. Quotes, proposals and formation of agreement

Quotes and proposals are valid for the period stated in them, or 30 days if no period is stated. An agreement is formed when you accept a proposal in writing (including by email) or, if earlier, when you instruct us to commence and we begin work on that basis.

We do not commence chargeable work on a verbal instruction alone.

5. Fees, invoicing and payment

• All fees are quoted and invoiced in Australian dollars (AUD).
• We are not currently registered for GST, and accordingly GST is not charged on our fees. If our GST registration status changes, our quotes and invoices will state the GST treatment that applies from that time.
• A deposit may be required before work commences. Where a deposit applies, it is stated in the proposal.
• Invoices are payable by the due date stated on the invoice. Payment is by Australian bank transfer (EFT) to the account nominated on the invoice.
• If an invoice remains unpaid after its due date, we may suspend work on the engagement after giving you written notice, and we may charge reasonable recovery costs actually incurred.
• Third-party costs incurred on your behalf — such as advertising spend, software subscriptions, domain registration or hosting — are your responsibility and are payable in addition to our fees. We will identify these in the proposal wherever they are known in advance.

6. Variations to scope

If you request work outside the agreed scope, we will provide a written quote for that additional work. We will not carry out out-of-scope work, and you will not be charged for it, unless you approve the variation in writing.

7. Your responsibilities

To allow us to deliver the services, you agree to:

• provide accurate and complete information, and access to relevant people, systems and accounts;
• respond to requests for information, approvals and feedback within a reasonable time;
• ensure you hold the necessary rights to any materials you supply to us; and
• make your own decisions about whether and how to act on our recommendations.

Delays caused by information or approvals not being provided may extend agreed timeframes and, where they cause us to incur additional cost, may result in a variation.

8. Intellectual property

Each party retains ownership of intellectual property it owned before the engagement. Unless the proposal says otherwise, ownership of the deliverables specifically created for you under an engagement passes to you on payment of all amounts owing for that engagement.

We retain ownership of our pre-existing methods, templates, tools and know-how, and we may continue to use the general skills and experience gained during an engagement. Third-party materials remain subject to their own licence terms.

All content on this website is owned by us or used under licence, and may not be reproduced without our written permission.

9. Confidentiality

Each party agrees to keep confidential the non-public information of the other party disclosed in connection with an engagement, to use it only for the purposes of the engagement, and not to disclose it to third parties except to its personnel and advisers who need it, or where disclosure is required by law.

10. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy, guarantee, warranty or other term implied or imposed by law which cannot lawfully be excluded, restricted or modified.

11. Warranties and disclaimers

We will perform the services with due care and skill and in a professional manner. Subject to clause 10:

• we do not warrant any particular commercial outcome, revenue result, search ranking, lead volume or return on investment, as these depend on factors outside our control;
• information on this website is general in nature, provided for information only, and does not take account of your particular circumstances; and
• we are not responsible for the performance, availability, pricing or terms of third-party platforms, software or service providers.

12. Limitation of liability

Subject to clause 10, and to the maximum extent permitted by law:

• our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees paid by you to us for that engagement in the 12 months preceding the event giving rise to the liability; and
• we are not liable for indirect or consequential loss, loss of profits, loss of revenue, loss of anticipated savings, loss of business opportunity, or loss or corruption of data.

Where liability cannot be excluded but can be limited, our liability is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

13. Cancellation, termination and refunds

• Projects. You may cancel a fixed-scope project at any time by written notice. You remain liable for work performed and third-party costs committed up to the date of cancellation. Deposits are applied against that amount; any excess is refunded to you, and any shortfall is invoiced.
• Retainers. Either party may terminate an ongoing retainer by giving 30 days written notice, or any other notice period stated in the proposal. Fees for the current period remain payable.
• Breach. Either party may terminate immediately by written notice if the other party commits a material breach that is not remedied within 14 days of notice, or becomes insolvent.
• Refunds. Where we have not delivered services in accordance with these Terms, you are entitled to a remedy under the Australian Consumer Law, which may include a refund. We do not refund fees for services properly delivered simply because the commercial outcome differed from expectations.

14. Complaints

If you are not satisfied with our services, please contact us at info@oztradinggroup.com.au setting out the issue and the outcome you are seeking. We will acknowledge your complaint promptly and aim to provide a written response within 30 days.

15. Privacy

We handle personal information in accordance with our Privacy Policy, which forms part of these Terms.

16. Website use

You must not use this website in any way that breaches any law, interferes with its operation or security, or attempts to gain unauthorised access to any system. We may modify or withdraw any part of the website at any time. Links to third-party websites are provided for convenience and do not imply endorsement.

17. General

• Governing law. These Terms are governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State.
• Changes. We may update these Terms from time to time. The version in force at the date a proposal is accepted applies to that engagement.
• Severability. If any provision is found to be unenforceable, it is severed and the remaining provisions continue in force.
• Entire agreement. These Terms and the accepted proposal record the entire agreement between the parties in relation to the engagement.

18. Contact

Entity	Oz Trading Group Pty Ltd
ABN / ACN	82 158 981 787 / 158 981 787
Email	info@oztradinggroup.com.au
Phone	0480 018 356
Post	714 Main Rd, Eltham VIC 3095, Australia