1. Website Terms & Conditions Of Use
Welcome To ‘Our Websites’
This page tells you the terms on which you may use our websites, whether as registered user or guest. Please read carefully before use.
By using the site, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the site.
Who We Are
‘Our Websites’ are operated by WOW! Advisors & Business Accountants Pty Ltd, a company registered in Australia with an Australian Company Number 141 335 748.
Some important details about us:
Our registered office is at: Unit 2, 1 Louise Street, Underwood, Qld, 4119, Australia.
- The content of the pages of ‘Our Websites’ is for your general information and use only and does not constitute professional advice in any form whatsoever. It is subject to change without notice. You must obtain professional advice on any matters before you take action on any content contained in ‘Our Websites’
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Our Websites for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on ‘Our Websites’ is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through ‘Our Websites’ meet your specific requirements.
- ‘Our Websites’ contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in ‘Our Websites’ which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of ‘Our Websites’ may give rise to a claim for damages and/or be a criminal offence.
- From time to time ‘Our Websites’ may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of ‘Our Websites’ and any dispute arising out of such use of ‘Our Webistes is subject to the laws of Australia.
What is a Cookie?
A cookie is a piece of information, like a tag, that’s stored on your computer, tablet or phone when you visit our website. It can help identify the device you use whenever you visit us, so we can remember who you are. Cookies are used by websites including ours, to provide you with a better experience when you visit our website and for other reasons, including remembering your preferences. Cookies also help us understand how visitors use our site, for example, what pages they view and for how long, this assists us create a better site for everyone to experience.
To be able to place an order on our websites you will have to have to accept Cookies.
To make the best use of our websites, on whichever device you use, you’ll need to make sure your web browser is set to accept cookies.
What Cookies are there?
There are two types of Cookie:
- Session Cookie
- Persistent Cookie
Session Cookies are temporary. They start working once a visitor begins using our site and are deleted once the visitors browser is closed.
Persistent Cookies will remain on a visitors device until the time set for the Cookie to expire passes or the Cookie is purposely deleted. These types of Cookies are activated each time a visitor returns to our site. Cookies fall into four categories;
- Strictly necessary
Strictly necessary Cookies
These types of Cookies are required for a visitor to use our website, for example to navigation and to use the features we have made available. These Cookies do not collect information about you and cannot be used to identify you or used for marketing purposes.
These types of Cookies assist us to understand how visitors use our websites. They do not contain or collect any personal information and are only used to help us improve the visitor experience on our website.
These types of Cookies enable visitors to customise how a website operates for them. Functionality Cookies can remember and auto insert Usernames, set a website’s language preference and storing your used preferences on Your Account page
These types of Cookies allow websites to deliver relevant advertisements to you. Targeting/Advertising Cookies are ‘1st party’, placed on a website by its owner or ‘3rd party’, when a website owner has given permission to an alternative organisation for the Cookie to be placed on its site, often an advertising network.
- Provide visitors with a the best experience possible when on our websites
- Learn about how our site is visited and used so that we can continue to improve it
What Cookies do we use?
Includes but may be not exclusive to;
Analytics and Tracking
- Google Analytics
- Google Universal Analytics
- Google Analytics Enhanced Ecommerce
- Google Conversion Tracking
- Google Optimize 360
- Facebook Signal
- Facebook Pixel
Analytics and Tracking
- Google Remarketing
- Facebook Custom Audiences
- AppNexusFor more information please visit our website Technology Profiles on BuiltWith:
- WOW! Advisors & Business Accountants
- CrystalClear Bookkeeping
- Hitesh Mohanlal
How you can manage your Cookies
Please remember you will need to accept Cookies if you wish to use place an order on Our Websites.
Please also remember that if you choose to turn off targeting/advertising Cookies you will still see advertising on the internet. However, it does mean that the advertising you see on websites may not be tailored to your likely interests or preferences on the web browser you are currently using.
Links to other websites
We may provide links to external resources that we believe to be useful to you. These links will lead you to websites managed by third parties that operate using different policies. Should you click on one of these links you will be leaving the Our Websites for a site over which we have no control.
SECTION A GENERAL TERMS & CONDITIONS
We supply a wide range of Services. Some of the terms and conditions herein vary according to the Service specified in the Proposal. This Section A contains general clauses; additional clauses are specified according to the Services specified in the Proposal and are contained in Sections B and C.
1.1. In these Terms and Conditions the following definitions apply:
“WOW! Advisors Group” means WOW! Advisors & Business Accountants, Medisucces, Hitesh Mohanlal & CystalClear Bookkeeping or any of its subsidiaries or Partners providing WOW! Advisors Group related products and services;
“Partner” means an authorised partner of WOW! Advisors Group who provides solutions that include WOW! Advisors Group solutions, bound by a Partner agreement;
“Customer” means the individual or company to whom the invoice is addressed;
“Proposal” means the order form completed and signed by the Customer; this Proposal may refer to supporting documentation providing detail and scope for the project;
“Purchase Price” means the price for the Service as detailed in the Proposal;
“Service” “Services” or “Scope of Work” means the goods or services specified in the Proposal; all services may be amended by the parties in writing from time to time;
“Software” means the software that is used to provide the Service;
“Web Hosting” means the provision of a web service that responds to a browser’s request for web content with the content requested. It also includes the provision of any file hosting service accessible through FTP. It does not include other services such as domain management, email hosting and Internet connectivity to/from the Customer’s premises;
“First Line Support” means initial analysis and fault logging;
“Support Time” means (for WordPress website Services) the time spent assisting the Customer with issues related to the Software outside the scope of the Proposal, or following project sign-off. It includes administration time related to the issue, including but not limited to the time taken to log details of telephone calls;
“Confidential Information” for each party the terms of this Agreement and all information and/or data belonging to or relating to that party, its associates, its or their businesses, activities, affairs, products, services, suppliers, customers or prospective customers disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by that party, its representatives or advisers, to the other party, its representatives or advisers whether before, on or after the date of this Agreement;
“Deliverable” means a set of goods or services that may be delivered at one time, for example: a design draft, a collection of printed items, a marketing plan document, a consultation meeting, a website project or other electronic content;
“Event” means a Service delivered on a particular date, for example: a training course, a hospitality event, a speaker delivering a presentation, or a series of presentations;
“Business Day” means any day which is not a Saturday, Sunday or a bank or public holiday in England;
1.2. In this Service Agreement (except where the context otherwise requires):
1.2.1. The clause headings are included for convenience only and shall not affect the interpretation of these Terms & Conditions;
1.2.2. Use of the singular includes the plural and vice versa;
1.2.3. Use of any gender includes the other genders;
1.2.4. Any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations, and trusts (in each whether or not having separate legal personality);
1.2.5. Any reference to a statute, statutory provision or subordinate legislation (“legislation”) shall (except where the context otherwise requires) be construed as referring to: a) Such legislation as amended and in force from time to time and to any legislation which (either with or without modification) re-enacts, consolidates or enacts in rewritten form any such legislation; and b) Any former legislation which re-enacts, consolidates or enacts in rewritten form. b) Any former legislation which re-enacts, consolidates or enacts in rewritten form.
1.2.6. Any phrase introduced by the terms “including”, “include”, “in particular”, “such as” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2. Force Majeure
WOW! Advisors Group shall not be liable for any delay or failure in performance of its obligations under this agreement which is due to or results from any circumstances beyond its reasonable control. In any such event WOW! Advisors Group shall be entitled to delay or cancel delivery of the Service.
This agreement shall be governed and construed in all respects in accordance with the Law of Australia and shall be subject to the exclusive jurisdiction of an Australian Court of Law.
4.1. If any term or provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or in conflict with the law, the validity or enforceability of the remainder of this agreement shall not be affected thereby.
4.2. If any provision of this Agreement is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
No failure or delay by either party in exercising, wholly or partially, any of its rights with regard to any breach or default of this agreement by the other party shall constitute a waiver of such rights and no waiver of any such breach or default shall be deemed to constitute a waiver of any other rights or any subsequent or continuing breach of default.
The Customer may not sub-licence, assign, transfer or otherwise dispose of its rights under this Agreement or any part of it without the written consent of WOW! Advisors Group.
7.1. Any notice or other communication pursuant to this Agreement must be in writing and signed by or on behalf of the party giving it and may be served by first class post to the address of the relevant party as set out in this Agreement, by email. All such notices or demands shall be deemed to have been received:
7.1.1. In the case of first class post two Business Days after posting; and
7.1.2 A communication sent by email shall not be effective unless the addressee acknowledges receipt of such communication, such acknowledgement to take the form of a reply email to include the communication being acknowledged.
8. The Proposal
8.1. WOW! Advisors Group shall provide a Proposal to the Customer for each project. The Proposal forms part of this agreement.
8.2. The Customer assumes sole responsibility for ensuring that the Service described in the Proposal meets its requirements before signing the Proposal.
8.3. The Customer shall return the signed Proposal by letter, fax or email as described in clause 7. Upon receipt of this order acknowledgement, a contract shall be created between WOW! Advisors Group and the Customer for the supply of the Service.
8.4. By purchasing the Service, the Customer acknowledges that they have read these Terms and Conditions, understands them and agrees to be bound by them.
8.5. Where the Service includes Web Hosting, the Customer acknowledges that they have read the Acceptable Use Policy (AUP), understands it and agrees to be bound by it.
9.1. The contract may not be cancelled following order acceptance unless a trial or rejection period has been agreed in advance. At the sole discretion of WOW! Advisors Group, a contract may be cancelled either wholly or in part subject to timing, and only once agreement in writing has been notified to the Customer according to clause 7.
9.2. For retained work billed monthly and where no contract period has been explicitly stated on the Proposal, the contract may be terminated by the Customer giving 60 days notice in writing according to clause 7.
9.3. Unless otherwise stated in the Proposal or subject to clause 9.1 and clause 9.2, the contract may not be cancelled except by agreement in writing of both parties and upon payment to WOW! Advisors Group of such amount as may be necessary to meet the costs incurred to WOW! Advisors Group up to the date of cancellation and to indemnify WOW! Advisors Group against all loss resulting from the said cancellation.
9.4. The Customer shall have no right to seek any cancellation or repayment of job costs on the basis of style or composition.
10.1. During the period of this Agreement and for a period of 3 years after both parties undertake:
10.1.1. To keep the Confidential Information confidential;
10.1.2. Not to use the Confidential Information for any purpose except the performance of its obligations under this Agreement; and
10.1.3. Not to use the Confidential Information so as to procure any commercial advantage over the other party.
10.2. The obligations contained in clause 10.1 above shall not apply to any Confidential Information which:
10.2.1. Is already in the possession of the disclosing party other than as a result of a breach of this Agreement;
10.2.2. Is at the date of this Agreement or at any time after the date of this Agreement comes into the public domain other than through breach of this Agreement; or
10.2.3. Is required to be disclosed by any applicable law or regulation or by any governmental or administrative authority or by an order of any court of competent jurisdiction.
10.3. Each party undertakes to take all such steps as shall from time to time be necessary to ensure compliance with the provisions of Clause 10 by its employees, agents and sub-contractors.
10.4. The Customer agrees that the ideas, materials and other documents relating to the Service are confidential and all proprietary rights belong to WOW! Advisors Group and shall not be used or disclosed except as permitted by this agreement.
10.5. This clause 10 shall survive the termination of this Agreement for whatever reason.
11. Intellectual Property Rights
11.1. Once full payment has been made and the deliverables have completed and signed off, the ownership of the rights to the deliverables created will pass to the Customer.
11.2. Third party materials, such as imagery, used in the deliverables may be subject to usage liabilities such as royalties and license fees. WOW! Advisors Group shall procure such license as necessary for the use of third party materials for use within the scope of the Proposal. The Customer should obtain written consent from WOW! Advisors Group for use of any part of the deliverables outside of the scope of the Proposal.
11.3. Unless otherwise stated in the Proposal, WOW! Advisors Group reserves the continuing right to use any deliverables it produces for the promotion of its services.
11.4. Where the Proposal includes Software created by WOW! Advisors Group, WOW! Advisors Group retains ownership of all copies of the Software and the Intellectual Property Rights (IPR) therein. The Customer has no rights to the Software or the IPR contained therein.
12.1. The following provisions set out the entire financial liability of WOW! Advisors Group (including any liability for the acts or omissions of its employees, agents or subcontractors) to the Customer in respect of:
12.1.1. Any breach of this Agreement; and
12.1.2. Any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.
12.2. Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.3. Nothing in these conditions excludes or limits the liability of WOW! Advisors Group for death or personal injury caused by negligence or for fraudulent misrepresentation.
12.4. Subject to clauses 12.2 and 12.3:
12.4.1. WOW! Advisors Group shall not be liable to the Customer for any loss or damage, costs or expenses (whether direct, indirect, incidental or consequential and whether relating to loss of profit, loss of business, business interruption, loss of data, depletion of goodwill or other such losses), suffered by the Customer which arise out of or in connection with the supply of the Service or their use by the Customer.
12.4.2. The Customer assumes all risks as to the suitability, quality, and performance of the Service.
12.4.3. WOW! Advisors Group’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the performance or contemplated performance of this contract shall be limited to, and in no event shall exceed, the amount originally paid to WOW! Advisors Group for the Service.
12.4.4. WOW! Advisors Group shall not be liable for any loss, damage or delay which arises as a result of the termination of the contract between us, or for our compliance with relevant statutory or regulatory requirements.
12.4.5. It is the responsibility of the Customer to ensure that the deliverables comply with all laws, regulations and codes in all countries where the deliverables are used. The Customer agrees to indemnify WOW! Advisors Group against any costs arising from the use or misuse of the deliverables.
12.5. No verbal or written information or advice given by WOW! Advisors Group or its dealers, distributors, employees or agents shall in any way extend, modify or add to these conditions.
13. Payment Terms and Pricing
13.1. Where a deposit is required, WOW! Advisors Group is not obliged to carry out any work before the deposit is received. In the event that any preliminary work is carried out prior to receipt of the deposit and the order is then cancelled WOW! Advisors Group will invoice the Customer for this work.
13.2. The Purchase Price is exclusive of GST. GST shall be charged at the prescribed rate at the date of invoicing. The Customer shall pay the GST to WOW! Advisors Group as if it were part of the Purchase Price and all requirements and other provisions concerning payment of the Purchase Price shall apply accordingly.
13.3. The Purchase Price, once accepted by both parties as signified by the receipt of a signed Proposal, is applicable for 12 months from the date of signing. WOW! Advisors Group reserves the right to increase the price of any work outstanding after that period or earlier if both parties agree.
13.4. Unless a payment is automated, WOW! Advisors Group shall issue an invoice to the Customer prior to each payment due date. Unless otherwise stated in the Proposal, each invoice is payable within 7 calendar days.
13.4.1 For automated payments, the WOW! Advisors Group shall issue an invoice on the day that the payment is due.
13.5. If the Customer fails to make payment on a due date then without prejudice to any other right or remedy available to WOW! Advisors Group, WOW! Advisors Group shall be entitled to issue an administrative fee, interest, suspend or terminate the Service.
13.5.1 For automated payments, any changes to your payment structure or plan, unless otherwise negotiated at the commencement of the agreement may incur a $25 +GST administrative fee for each change. This includes date, amount or any other changes. This fee will be charged immediately and in full on each occasion.
13.5.2. Should a payment be late by 7 or more days, WOW! Advisors Group may suspend the Service.
13.5.3. Should a payment be late by 30 or more days, WOW! Advisors Group may terminate the Service.
13.6. Any Payments that remain outstanding for longer than 30 days will incur an additional administration charge equal to 10% of the outstanding amount, calculated daily on a pro-rata.
13.7. In the event that any payments due under these terms and conditions become overdue, WOW! Advisors Group reserves the right to add a fee of $75+GST to cover the costs of administration of the debt.
13.8. All payments shall be paid in full without set off, deduction or counterclaim whatsoever.
13.9. Where any invoice includes a reduction due to an agreement to pay by Direct Debit or Standing Order, should the payment not be made by such means, WOW! Advisors Group reserves the right to recharge the reduction.
13.10. WOW! Advisors Group reserves the right to vary the Purchase Price according to further requirements made by the Customer subsequent to order acknowledgement. Any such variation shall be advised by WOW! Advisors Group in writing and confirmed by the Customer in writing before either the work proceeds further or any charges are incurred.
13.11. The charge for carriage of goods is at additional cost to the Customer, unless otherwise stated in the Proposal.
13.13. WOW! Advisors Group reserve the right to charge expenses when fulfilling the work. Any mileage shall be charged at the rate of 75c per mile. No expenses shall be incurred without the Customer’s express written agreement.
14. Changes to Terms and Conditions
14.1. WOW! Advisors Group reserves the right to change these Terms and Conditions at any time. The most current version of these Terms and Conditions may be found on our website.
14.2. When changes are made to the Terms and Conditions a notice shall be placed in our email newsletter. The Customer shall be deemed to have accepted such changes if they have not notified any objections to such changes within one calendar month of the notice.
14.3. The most current version of the Terms and Conditions shall supersede all previous versions.
15. Entire Agreement
15.1. This Agreement and the documents referred to in it, constitute the entire agreement and understanding of the parties and shall supersede any previous agreement between the parties relating to the subject matter of this Agreement. No variation of this Agreement shall be valid unless in writing signed by both parties.
15.2. Each of the parties acknowledges and agrees that in entering into this Agreement, and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) which it may have relied on in entering into this Agreement. The only remedy available to it shall be for breach of contract under the terms of this Agreement. Nothing in this clause shall, however, operate to limit or exclude any liability for fraud. Should you have any questions concerning this service agreement, contact WOW! Advisors Group before submitting a signed agreement to any Proposal.
SECTION B TRAINING AND EVENTS
WOW! Advisors Group provides Events that include hospitality events, presentations and training courses. If the customer has a reserved/purchased place at Events, or where the Proposal includes attendance at Events, the clauses in Section E apply.
16. Payment Terms and Pricing
16.1. Where the Customer is required to pay for an Event:
16.1.1. WOW! Advisors Group shall issue an invoice to the Customer on receipt of the order acknowledgement via the platform that the ticket was purchased from.
16.1.2. The Purchase Price does not include travel and/or accommodation for the Customer. This is left to the customer to arrange.
16.1.3. If an Event has been arranged to take place on the Customer’s premises, additional travel and/or accommodation costs for the trainer(s) may apply and these shall be shown on the Proposal.
16.1.4. The Purchase Price, once accepted by both parties as signified by the receipt of a signed Proposal, is applicable only for the agreed time and date of the Event.
17.1. Cancellation of attendance by individuals or groups must be given in writing at least 7 days prior to the date of the Event.
17.2. If a paying Customer does not attend an Event and has not followed the cancellation procedure, the full Purchase Price remains payable. No refunds will be given.
17.3. If it is necessary to change the date of the Event, WOW! Advisors Group shall give at least 7 days’ notice prior to the revised date of the Event. The Customer therefore has the right to cancel within 24hours of receiving notifications of the changes.
17.4. If the Event is cancelled by WOW! Advisors Group, the full Purchase Price shall be refunded to the Customer.
17.5. WOW! Advisors Group shall make every effort to provide the Event on the stated date but will not be under any liability if the Event is delayed or prevented by events beyond its control.
17.6. Each event will have it’s own specific terms & conditions. Please be sure to note individual event details in addition to this Service Agreement.
18.1. WOW! Advisors Group does not accept responsibility for anyone acting as a result of the information supplied or opinions expressed in its events. All information is given in best faith. Opinions expressed are those of individual trainers and not necessarily those of WOW! Advisors Group. Customers should take professional advice when dealing with specific situations.
18.2. WOW! Advisors Group reserves the right to make appropriate changes to event timetable and content or to cancel a course due to unforeseen circumstances. Liability shall be limited to the refund of the fees paid in such instances.
18.3. WOW! Advisors Group shall not be liable for any loss, damage or delay which arises as a result of the termination of the contract between us, or for our compliance with relevant statutory or regulatory requirements.
19. Copyright and Intellectual Property Rights
19.1. Information supplied during the Event, whether oral or written, is subject to copyright. The copyright is owned by WOW! Advisors Group unless otherwise stated. Duplication of material in whole or in part is prohibited without the written consent of WOW! Advisors Group.
19.2. Events are not to be recorded or transmitted in any way without the prior written consent of WOW! Advisors Group.