Terms of Sale

Terms and Conditions for Buying our Templates

Welcome to The Contracts Collective! We’re passionate about helping women start and run small businesses while ensuring they are legally protected.

We’re so excited that you’ve taken this important first step to protect your business. We know that the law can be intimidating, so we’ve created simple, easy to use, premium legal templates to help you get started.

Speaking of legal – please make sure you carefully read these terms before purchasing a legal template from our website, located at www.thecontractscollective.com.au (our Website).

1. Our terms

The Contracts Collective Pty Ltd, trading as The Contracts Collective (ABN ) (“Us’, ‘Our’, ‘We’) is so excited that you, the person purchasing one of courses (‘You, Your’), have taken this important first step to protect your business!
Please make sure you take a moment to carefully read these terms and conditions as they apply to all purchases of our legal templates and can only be waived or changed in writing signed by us.
If you have any questions or feel that something we’ve talked about hasn’t been included here, please let us know before you sign. You can always reach out to Isabel at admin@thecontractscollective.com.au.
This agreement will start when you accept it, and we’ve confirmed your acceptance, and will continue unless or until terminated in accordance with these terms.
By proceeding to purchase one of our legal templates, you’re telling us that you’ve read, understood and accept these terms.

2. eCommerce

While we take every care to make sure our online store on our website located at thecontractscollective.com.au is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error).
Please note that when you submit an order through the website, no agreement is formed until we process and accept your order and send you a confirmation.
If there’s been a technical error leading to your order, we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price).

3. Fees

Payment

You agree to pay us the price listed on our website (subject of course to the proviso above, in the case of accidental errors and omissions) to purchase access to our online course.
You may pay for your order by debit or credit card, or any method of payment available on our website from time to time.
If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges.
We may change our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our website.
Price changes won’t apply to orders that have already been confirmed by us.
You will not be provided with access to our editable templates until payment in full cleared funds has been received.

Third party processing

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor (such as Stripe or PayPal), which are available on their respective websites.
You understand that these services are provided by third parties and are made available to you on our website for convenience only.
We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our website, please contact them directly.

What happens if you don’t pay us?

If for any reason, your payment is denied after you have received access to our templates, and/or you become bankrupt or insolvent, we can choose to do one or a combination of the following:
- - - suspend or terminate this agreement; and or
    - suspend your right to the template (suspend your intellectual property licence); and or
    - charge interest on outstanding money at a rate of 10% per annum from the date you owe us the money until you pay us; and or
    - refer the matter to a debt collector or lawyer (you’ll have to pay their costs).
Our rights under the ‘what happens if you don’t pay us?’ clause survive termination of this agreement.

Discounts and credit

Discounts, credit and gift cards can only be redeemed for our services.
They are non-transferable and not redeemable for cash.
If there is more than 1 application discount available, only one can be applied per transaction.
Discounts are available for the time stated, or for 7 days from the date of the offer, whichever is sooner.
Store credit is valid for 3 years from the date of issue.
This clause survives termination of this agreement.

4. Our templates

Accessing a template

To access our templates you must create an account during checkout by entering your email and nominating a password. Once your payment has been processed, you will receive a confirmation and welcome email with your login details which you can use to access the course.
If you have any technical problems accessing your template, please contact us for assistance by emailing admin@thecontractscollective.com.au.
It’s important for you to ensure your login details are stored securely and there is no unauthorised access to the template using your login details.
You’re not permitted to share access to the template or the template itself with anyone else.

Revoking access

Access to the template will be revoked:
- - - immediately on termination; or
    - as otherwise provided for in this agreement.

5. Advice and information

We may give you advice, recommendations, information, or assistance in relation to templates and digital products on our website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate, and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or legal advice.
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our website, unless otherwise required by law.

6. Legal templates are not legal advice

You understand and acknowledge that our legal templates are not a substitute for and do not constitute legal advice. While our templates have been created by lawyers, in order to ensure that our templates can help as many female business owners as possible, they are not customised to any individual business.
Our templates are products that have been created to support small business owners who intend to take a D-I-Y approach to their legals. If you would like a customised document, or would like advice about your circumstances, please reach out to us for legal advice by making an appointment on our website.
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on our legal templates as legal advice, unless otherwise required by law.
Buying a digital product from us, such as a legal template does not give rise to a client/lawyer relationship. If you engage us for legal services, those services are governed by a separate agreement.

7. Templates are not legal advice

You understand and acknowledge that our legal templates are not a substitute for and do not constitute legal advice. While our templates have been created by lawyers, in order to ensure that our templates can help as many female business owners as possible, they are not customised to any specific person’s business.
They are also a product that has been created to support small business owners who intend to take a D-I-Y approach to their legals. If you would like a customised document, or would like advice about your circumstances, please reach out to us for legal advice by making an appointment on our website.
We won’t accept any liability or responsibility (including liability for negligence and or consequential loss) for any loss suffered because of your or any other person’s reliance on our legal templates as legal advice, unless otherwise required by law.
Buying a digital product from us, such as a legal template does not give rise to a client/lawyer relationship. If you engage us for legal services, those services are governed by a separate costs agreement.

8. Intellectual property

Our intellectual property

All of our content (including our website content and our templates) is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, we own or control all intellectual property rights in our products and services.
You acknowledge and agree that all intellectual property owned by us or to which we are entitled before and after this agreement with you is formed will remain our sole property and that nothing in this agreement transfers any ownership in the intellectual property to you.

Limited licence to use our works

Our templates have been created for you to use in your small business. When you purchase a template, you are only permitted to use it in one business that you operate. If you own multiple businesses, you must purchase a template for each business in which you intend to use our template.
In making our templates available to you, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access the content in the template for which you have paid, for the purpose for which it was created in accordance with these terms and any instructions we give you.
We don’t grant you any other rights in relation to our content.
Unless you have our agreement in writing, you must not use our content:
- - - other than in accordance with this agreement;
    - to compete with us;
    - to sell our templates as though they are yours or as though you are a distributer of our templates (including telling others you own the content or are the creator of the content).
You must not share our templates or allow another business or individual to use our templates. Each business that intends to use our templates must individually purchase a template from us.
We can cancel this license immediately if you breach it or these terms and conditions in any way.
If we form the reasonable belief that you have breached this intellectual property clause, we can terminate this agreement immediately on notice, with no compensation to you.

Customising our templates

We understand that you need to make changes to our templates to customise them for your business but please don’t substantially change the format or content of the agreement.
We ask this of you to make sure that the integrity of our templates is preserved but to also ensure that you don’t compromise your legal protection by changing our words so much so that they lose their legal meaning.

Indemnity

In addition to any other rights that we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you.
This clause survives termination of this agreement.

9. Promotion

We may ask you to provide us with a review, testimony or other promotional endorsement.
Unless you’re voluntarily providing your review by Google, Facebook or other third-party provider, we’ll always ask you first before publishing any information.
If you agree to provide us with your testimonial or similar, you give us permission to reproduce your name, business name, trade marks, photograph, or likeness, as well as evidence of services delivered, and results achieved to promote our business.

10. Dispute Resolution

If we disagree about something that relates to this agreement, we both agree not to go straight to court or a tribunal unless we need urgent relief, like an interlocutory order.
We agree to follow the steps set out in this clause first.
First, the party with the issue needs to tell the other person about the issue in writing so they understand what the problem is. This written notice needs to include the outcome that the person with the issue wants and the action they think the other person needs to take to settle the issue.
Once the other person receives the notice of the issue, both parties agree to do their best to try and resolve the issue together within 20 business days.
If a dispute is declared, any communications between us are confidential and should be treated as ‘without prejudice’ negotiations for the purpose of evidence law. This means that neither of us can use these communications if we go to court.

Mediation

If we can’t resolve the issue on our own, we agree to select an independent mediator to help us work through the problem. We have up to 7 business days to select a mediator together.
If we can’t agree on a mediator, then we both agree to ask the President of the Law Society in NSW to appoint a mediator for us.
If we must mediate, we agree to attend virtual mediation whenever possible, or else to go to mediation in NSW and split the fees of equally between us.
This clause survives termination of this agreement.

11. When can we end this agreement?

In addition to any rights at common law, either of us may terminate this agreement in the following circumstances:
- - - - immediately, by giving the other person notice in writing if a default event occurs as described below;
      - as otherwise provided for in this agreement.

Default event

For the purposes of this clause, default event means:
- - - - We form the reasonable belief that you have breached the confidentiality provisions of this agreement, or you threatened to do so;
      - We form the reasonable belief that you have breached our intellectual property clauses, or threatened to do so;
      - You have failed to pay us and have not remedied the failure within 3 business days of being asked to do so in writing;
      - any of the following events occurs: the death, bankruptcy or winding up of a party

together, (a Default Event).

Either party may terminate this agreement by giving notice in writing by email.

What happens when it ends?

All disclaimers, indemnities, exclusions, limitations of liability, and clauses intended to survive termination will survive termination.
Any accrued rights or remedies to which either party is entitled will not be affected.

12. Refunds

We provide refunds in accordance with our obligations under the Australian Consumer Law (ACL). If you believe that you have a claim under the ACL, or you would like to discuss our refund policy, please email Isabel at admin@thecontractscollective.com.au.

13. Limitation of liability

Limitation of Liability

Liability for individuals under the Australian Consumer Law (ACL)

Australian clients are entitled to guarantees under the ACL. We can’t and won’t change these. We specifically exclude all other guarantees that might apply to our services.

Liability for businesses under the ACL

We limit our liability to you for a breach of such a statutory guarantee to the fullest extent possible by law, including by limiting our liability under section 64A of the Australian Consumer Law to:
- - - - a refund of the defective services; or
      - providing you with compliant services.

Liability for breach of contract

To the maximum extent applicable by law, we specifically exclude all liability for breach of contract.

Other liability, including for negligence

To the maximum extent applicable by law, we specifically exclude all other liability to you, including for negligence.

Liability for consequential losses

To the maximum extent permitted by law, we exclude all consequential losses, however arising.

Customers outside of Australia

We warrant that we have rendered the services with due care and skill.
We don’t warrant our products or services will be error free or that it will meet all your needs or requirements. This limited warranty is the only warranty provided by us and is in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
Subject to legal limitations or restrictions applicable to this transaction, our liability for any breach of the limited warranty provided above is limited to the fees paid by you or the cost of re-supplying the service, whichever is less.
We specifically exclude all other liability to you however arising, including for negligence and consequential loss.
By accepting this agreement, you’re waiving, releasing, and discharging all claims you have or may have against us on an ongoing basis relating to our services.
This clause survives termination of this agreement.

14. No warranties or guarantees

We make no warranty or representation in relation to the website or our templates.
All implied warranties (except for any statutory warranties which we cannot exclude) and conditions are expressly excluded to the fullest extent permitted by law.
This clause survives termination of this agreement.

15. Confidentiality

Confidential information is information relating to us or you which would reasonably be considered to be private or proprietary, is not generally known and could reasonably be expected to cause harm to the person if disclosed.
Unless we give you permission in writing, or as otherwise required by law, you’re prohibited from disclosing our confidential information.
Unless we have your permission, or as otherwise required by law, we’ll keep your confidential information confidential.
This clause survives termination of this agreement.

16. General

Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.
If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.
Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.
No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any party of it.
The law of New South Wales (NSW) governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of NSW.

Interpretation

Headings are just for convenience, not for interpretation.
Dates and times set out in this agreement are in reference to Sydney, New South Wales, Australia.
If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day.
References to a party are intended to bind their executors, administrators and permitted transferees.
Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

Definitions

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means a day on which banks are open for business in Sydney, other than a Saturday, Sunday or public holiday.