Terms of service

1. About these terms

These terms govern your use of this website and, where you engage us, the supply of our advisory services. In these terms, "we", "us" and "our" mean Alanova Pty Ltd (ABN 99 701 390 598, ACN 701 390 598), and "you" means the person or entity using this website or engaging us.

By using this website you accept these terms. If you do not accept them, please do not use the site.

2. The website is general information only

The content on this website is general in nature. It is not financial, legal, accounting or tax advice, and it does not take account of your particular circumstances. You should not act on it without obtaining advice appropriate to your situation. Nothing on this website creates a client relationship between us.

We take care with what we publish, but we do not warrant that the site will be uninterrupted, error-free, or that the information on it is complete or current at any given moment.

3. Engaging us

Advisory work is provided under a separate written proposal or engagement letter that sets out the scope, the deliverable, the fee and the timeline. Where anything in that proposal conflicts with these terms, the proposal prevails for that engagement.

Nothing on this website is an offer capable of acceptance. A binding engagement arises only when we have issued a proposal and you have accepted it in writing.

4. Your obligations

• Give us accurate and complete information, and reasonable access to the people and records the engagement requires.
• Make your own decisions about whether to act on our recommendations, having regard to your own circumstances.
• Obtain any third-party consents needed before giving us access to systems or records.
• Pay our invoices in accordance with the agreed payment terms.

Our findings depend on the information available to us. We are not responsible for conclusions that turn out to be wrong because material information was not disclosed to us.

5. Fees, invoicing and GST

Fees are as stated in the accepted proposal. Unless the proposal says otherwise, invoices are payable within 14 days of issue. Amounts stated are exclusive of GST unless expressly stated to include it; where GST applies it will be shown on a valid tax invoice.

Where an engagement is delivered on site, agreed travel and out-of-pocket expenses are charged at cost and identified separately on the invoice.

6. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth). Among other things, services must be supplied with due care and skill, be fit for any purpose made known to us, and be supplied within a reasonable time.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law where doing so would be unlawful. If you are a consumer for the purposes of the Australian Consumer Law, you may be entitled to a remedy for a major failure and to compensation for reasonably foreseeable loss or damage.

Where we are permitted to limit our liability for a breach of a consumer guarantee in respect of services not ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

7. Limitation of liability

Subject to clause 6, and to the extent permitted by law:

• we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of data or business interruption;
• 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 fees paid by you for that engagement; and
• we are not liable for loss caused by your failure to disclose material information, by your acting on our recommendations in a manner we did not advise, or by the acts or omissions of third parties including software vendors.

8. Intellectual property

All content on this website — text, layout, stylesheets, graphics and marks — is owned by Alanova Pty Ltd or used with permission, and is protected by the Copyright Act 1968 (Cth). You may view and print pages for your own information. You may not reproduce, republish or commercially exploit them without our written consent.

Deliverables prepared for an engagement, such as process documentation, requirements briefs and reports, become your property once our invoices for that engagement are paid in full. We retain ownership of our underlying methods, templates and know-how, and may continue to use them for other clients.

9. Confidentiality

Each of us will keep the other's confidential information confidential and use it only for the purposes of the engagement, except where disclosure is required by law. We are willing to enter into your own confidentiality agreement before work begins.

10. Termination

Either of us may end an engagement by giving written notice. On termination you must pay for work properly performed up to the date of termination, and we will hand over deliverables completed to that point and return or destroy your records as you direct.

We may suspend or end an engagement immediately if an invoice remains unpaid after we have asked for payment in writing, if we are asked to act in a way that is unlawful or unethical, or if a conflict of interest arises that cannot be managed. Clauses 6 to 9 survive termination.

11. Third-party products

Where we recommend or help you evaluate third-party software, that software is supplied to you by its own vendor under that vendor's terms. We take no commission from any vendor and we are not a party to your agreement with them.

12. Changes to these terms

We may amend these terms from time to time by publishing an updated version on this page. The version in force when you accepted a proposal continues to apply to that engagement.

13. Governing law

These terms and any engagement are governed by the laws of the State of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts entitled to hear appeals from them.

14. Contact

Questions about these terms should be sent to Alanova Pty Ltd at [email protected]. Our registered details are ABN 99 701 390 598 and ACN 701 390 598, Geelong VIC 3220.