Terms of Service

Last updated: 1 January 2025

These Terms of Service (“Terms”) govern your access to and use of the website matchguardap.online and the professional business and consulting services provided by Matchguard Ap Pty Ltd (ABN 82 703 555 604) (“Matchguard Ap”, “we”, “us” or “our”). By engaging our services or using this website, you agree to be bound by these Terms.

1. About Us

Matchguard Ap Pty Ltd is an Australian proprietary limited company registered under ABN 82 703 555 604, providing professional business and consulting services from Melbourne VIC. We may be contacted at ceo@matchguardap.online.

2. Scope of Services

We provide professional business and consulting services as described on our Services page. The specific scope, deliverables, timelines and fees applicable to your engagement will be set out in a written proposal, engagement letter or statement of work agreed between you and us (“Engagement Document”). Where there is any inconsistency between these Terms and an Engagement Document, the Engagement Document prevails to the extent of the inconsistency.

3. Engagement and Acceptance

An engagement with us is formed when you accept a written proposal or Engagement Document issued by us, whether by signature, written confirmation, payment of an initial fee or commencement of the services. We are not obliged to commence work until such acceptance has occurred.

4. Fees and Payment

• All fees will be set out in the applicable Engagement Document and are quoted in Australian dollars (AUD) unless otherwise stated.
• Fees are exclusive of GST, which is payable in addition where applicable.
• Invoices are payable within the period stated on the invoice. We may suspend services or charge interest on overdue amounts where invoices remain unpaid beyond the agreed terms.
• Expenses reasonably incurred in the performance of the services may be charged in accordance with the Engagement Document.

5. Client Responsibilities

You agree to provide timely access to information, personnel, systems and records reasonably required for us to perform the services, and to ensure that all information you provide is accurate, complete and not misleading. Delays arising from a failure to provide such information may affect timelines and fees.

6. Intellectual Property

All pre-existing intellectual property owned by either party remains the property of that party. Upon full payment of our fees, you are granted a licence to use the deliverables created specifically for you under the engagement for your internal business purposes. We retain ownership of our methodologies, frameworks, templates and know-how.

7. Confidentiality

Each party agrees to keep confidential all non-public information obtained from the other party in connection with an engagement and to use such information only for the purposes of the engagement. This obligation survives the completion or termination of an engagement.

8. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

9. Limitation of Liability

To the maximum extent permitted by law, our liability arising out of or in connection with the services is limited to the fees paid by you for the specific service giving rise to the claim. We are not liable for indirect, incidental, special or consequential losses, including loss of profits, revenue or data. Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law or any other legislation that cannot lawfully be excluded.

10. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Where our services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for breach of a consumer guarantee may be limited, where permitted by law, to the supplying of the services again or the payment of the cost of having the services supplied again.

11. Termination

Either party may terminate an engagement in accordance with the notice provisions of the applicable Engagement Document. Upon termination, you remain liable to pay for services performed and expenses incurred up to the date of termination. Clauses relating to confidentiality, intellectual property, liability and dispute resolution survive termination.

12. Website Use

The content of this website is provided for general information purposes only and does not constitute professional advice. You should obtain advice specific to your circumstances before acting on any information contained on this website. We do not warrant that the website will be available uninterrupted or error-free, and we accept no liability for reliance placed on website content.

13. Third-Party Links

This website may contain links to third-party websites. Such links are provided for convenience only and do not constitute endorsement. We are not responsible for the content or practices of third-party websites.

14. Force Majeure

We are not liable for any delay or failure to perform our obligations where such delay or failure is caused by events beyond our reasonable control, including natural disasters, industrial action, government restrictions or failures of third-party infrastructure.

15. Dispute Resolution

The parties agree to attempt to resolve any dispute in good faith through direct negotiation before commencing legal proceedings. If the dispute cannot be resolved within 30 days of written notice, the parties may agree to mediation or other alternative dispute resolution.

16. Governing Law

These Terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria and the Commonwealth of Australia.

17. Amendments

We may update these Terms from time to time. The current version will be published on this page with an updated date. Continued use of our website or services after publication constitutes acceptance of the updated Terms.

18. Contact

For questions about these Terms, please contact us at ceo@matchguardap.online or via our Contact page.