Terms of Service

Effective Date: 1st June 2024

1. Acceptance of Terms

By accessing and using McCluand Business Improvement ("we," "our," or "us") website McCluand.com and services, you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, please do not use our website or services.

2. Services Provided

We provide business improvement advice and related services to small Australian businesses owners. Our services may include consultations, workshops, digital resources, and other support.

3. User Responsibilities

3.1 Account Creation To access certain features of our website or services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Acceptable Use You agree to use our website and services only for lawful purposes and in accordance with these Terms. You agree not to use our website or services:

• To engage in any conduct that is unlawful, fraudulent, or harmful

• To transmit any harmful or malicious code

• To infringe upon the rights of others

• To interfere with the operation of our website or services

4. Intellectual Property

4.1 Ownership All content, materials, and services provided on our website, including text, graphics, logos, and software, are the property of McCluand Business Improvement or our licensors and are protected by copyright, trademark, and other intellectual property laws.

4.2 Limited License We grant you a limited, non-exclusive, non-transferable license to access and use our website and services for your personal and business use. This license does not permit you to reproduce, distribute, modify, or create derivative works from our content without our prior written consent.

4.3 Copyright Policy We respect the intellectual property rights of others and expect users of our website and services to do the same. For more information, please see our Copyright Policy.

5. Payments and Refunds

5.1 Pricing The pricing for our services will be as indicated on our website or as agreed upon during the consultation process. We reserve the right to change our pricing at any time.

5.2 Payment Terms Payment for our services is due in full at the time of purchase unless otherwise agreed upon.

5.3 Refund Policy Our refund policy is as detailed in the Refund Policy. All refunds are subject to our general disclaimer, which outlines the limitations of our liability and the accuracy of the information provided on our website. By requesting a refund, you acknowledge and agree to our disclaimer, available here.

6. Disclaimers and Limitation of Liability

6.1 No Warranty Our website and services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that our website or services will be uninterrupted, error-free, or free of harmful components.

6.2 Limitation of Liability To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use our website or services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from our website or services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our website or services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our website or services; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.

7. Indemnification

You agree to indemnify, defend, and hold harmless McClunand Business Improvement and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from your use of our website or services, your violation of these Terms, or your violation of any rights of another person or entity.

8. Termination

We reserve the right to terminate or suspend your access to our website or services, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our website and services will immediately cease.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of Queensland/ Australia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Queensland/ Australia to resolve any dispute or claim arising from these Terms.

10. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on our website. Your continued use of our website or services after any changes indicates your acceptance of the new Terms.

11. Contact Us

If you have any questions about these Terms, please contact us at:

McCluand Business Improvement

PO Box 453

Aspley QLD 4034

Jake@mccluand.com

0447718967