License Agreement
[Last updated 26 March]
Thank you for signing up to use our services. This license agreement is the agreement between you and Inspired Business Coaching Pty Ltd ABN 79 141 566 298 for the use of the services available via https://findmyfee.com (‘our website’).
Users of our website have different options for purchasing our services and we have split these license terms into 3 sections to make it easier for you to locate the terms that apply to you:
Part A – Terms for users who purchase a ‘one off’ report for a single payment.
Part B – Terms for users who purchase an unlimited number of reports per month for a recurring monthly payment.
Part C – Terms that apply to all users.
Please carefully read the sections that apply to you, as you will be bound by the relevant terms if you make a payment to us and/or use our services.
When you read the words ‘us’, ‘our’ or ‘we’, it means Inspired Business Coaching Pty Ltd ABN 79 141 566 298 and includes our directors, employees, agents, contractors, successors and assigns.
When you read the words ‘you’, ‘yours’ or ‘user’, it means you as the user of our services and includes your directors, employees, contractors, successors and legal assigns (as applicable).
‘Services’ means the Find My Fee tool available via our website together with resources we make available to users and additional items included in your payment as detailed on our website.
Part A – Terms for users who purchase a ‘one off’ report for a single payment
- How it works
- This Part A applies to users who have elected to pay the cost for a single, one-off report (‘our fee’). The inclusions for your chosen service are detailed on our website. Our fee does not include access to our strategy implementation resources.
- Payment of our fee enables your access to the Find My Fee tool via our website (once we have provided your secure login details). You will be able to enter data for one business and produce one report for that business. We recommend you watch the ‘how to’ videos prior to entering your data.
- Your login access will only be valid for 7 days. You must produce your report and access your report within the 7 day period, or your login details will expire, and you will not be able to generate or retrieve your report.
- Your use of the Find My Fee tool and any available resources are subject to the terms of this agreement and our website disclaimer (linked from our website) together with any other legal terms or notices displayed or linked on our website.
- Grant of license
- In accordance with the terms of this agreement, and in exchange for payment of our fee, we grant you
- A non-exclusive, non-transferable licence to use the Find My Fee tool and resources for one business to produce one report via the tool.
- A non-exclusive, non-transferable licence to use the resulting report within that business only, or for providing advisory services to that business, for the purpose the report is intended and for as long as the report remains relevant to that business.
- The intellectual property in the report remains ours and, other than as set out in the license above, you may not share the report with others or use the report to create derivative works. You may not remove any copyright markings on the report. Nothing in this agreement can be construed to confer on you any rights or ownership to the Find My Fee tool, our resources, our website or your report by implication, estoppel or otherwise, except as expressly permitted in this agreement.
- We do not grant you any other right to or license to use our Intellectual Property.
- In accordance with the terms of this agreement, and in exchange for payment of our fee, we grant you
- Your responsibilities
- You agree to use our website and services in accordance with the terms of this agreement, our website terms of use, and our website disclaimer.
- You agree to take full responsibility for any use you make of our services.
- You agree to enter complete and accurate information when signing up for and using our services.
- If you are using the tool as an advisor, your use of our Find My Fee Tool does not reduce your obligations to your client. You must still complete your own due diligence assessment prior to using any information from our tool or resources and make sure that any recommendations are suitable for your client. This remains your responsibility.
- Your data
- We will only store your report online for a period of 7 days from the date of payment of our fee. Your report will be accessible by you during this period using your log-in details however after this period expires it will be permanently deleted. It is your responsibility to ensure you have retrieved all information you require within the 7 day period as we will not be able to retrieve this data once it is deleted.
- While all care is taken to store your data, our system is not designed as a backup system and should not be relied on as such. We will not be responsible or liable for the theft, deletion, correction, destruction, damage, loss or failure of any stored data.
- Payments
- Amounts on our website are shown in $AUD.
- Payment in full is required via our payment platform prior to access to the Find My Fee tool being granted.
- We do not offer refunds for change of mind so please make sure you carefully choose the product that matches your needs.
- Once you have generated a report from the Find My Fee tool, our fee is non-refundable as you have received the benefit of our services.
Part B – Terms for users who purchase an unlimited number of reports per month for a recurring monthly payment
- How it works
- This Part B applies to users who have elected to pay on a monthly basis for unlimited reports during the month they have paid for (‘our monthly fee’). The inclusions for your chosen service are detailed on our website.
- Payment of our monthly fee enables your access to the Find My Fee tool via our website (once we have provided your secure login details) and to use the tool to enter data for one or more businesses during that month and produce reports for those businesses.
- We recommend you watch the ‘how to’ videos prior to entering your data.
- While you are a subscriber to our monthly services, we will store your reports online once they have been generated. Your reports will be accessible by you using your log-in details.
- Your use of the Find My Fee tool and any available resources are subject to the terms of this agreement and our website disclaimer (linked from our website) together with any other legal terms or notices displayed or linked on our website.
- Grant of license
- In accordance with the terms of this agreement, and in exchange for payment of our monthly fee, we grant you (for each month in which you have paid our monthly fee):
- A non-exclusive, non-transferable licence to use the Find My Fee tool and resources for one or more businesses to produce one or more reports via the tool to identify relevant strategies to boost profit within those businesses.
- A non-exclusive, non-transferable licence to use the resulting report within those businesses, or for providing advisory services to those businesses, for the purpose the reports are intended and for as long as the reports remain relevant to the business.
- The intellectual property in the reports remains ours and, other than as set out in the license above, you may not share the reports with others or use the reports to create derivative works. You may not remove any copyright markings on the reports. Nothing in this agreement can be construed to confer on you any rights or ownership to the Find My Fee tool, our resources, our website or your reports by implication, estoppel or otherwise, except as expressly permitted in this agreement.
- We do not grant you any other right to or license to use our Intellectual Property.
- In accordance with the terms of this agreement, and in exchange for payment of our monthly fee, we grant you (for each month in which you have paid our monthly fee):
- Your responsibilities
- You agree to use our website and services in accordance with the terms of this agreement, our website terms of use, and our website disclaimer.
- You agree to take full responsibility for any use you make of our services.
- You agree to enter complete and accurate information when signing up for and using our services.
- You are responsible for making use of the services.
- If you are using the tool as an advisor, your use of our Find My Fee Tool does not reduce your obligations to your client. You must still complete your own due diligence assessment prior to using any information from our tool or resources and make sure that any recommendations are suitable for your client. This remains your responsibility.
- Your data
- Unless we have made alternative arrangements, from the date your agreement with us terminates, we will store your report(s) online for a period of 7 days only. You may access your report(s) during this time using your log-in details. At the end of the 7 day period, we will permanently delete your report(s) from our system. It is your responsibility to ensure you have retrieved all information you require within the 7 day period as we will not be able to retrieve this data once it is deleted.
- While all care is taken to store your data, our system is not designed as a backup system and should not be relied on as such. We will not be responsible or liable for the theft, deletion, correction, destruction, damage, loss or failure of any stored data.
- Payments and term
- Amounts on our website are shown in $AUD.
- Payment in advance is required via our payment platform prior to access to the Find My Fee tool being granted for your first month. At the time of sign-up, you will authorise a recurring monthly payment in advance for subsequent months via our payment platform. It is your responsibility to ensure there are sufficient funds in your nominated payment method to cover the automatic, recurring monthly fee.
- If you wish to cancel our services, you may do so at any time however the date of termination will be the date of the end of your then current billing period. You will continue to have access to our services until the end of your paid for period.
- If you are cancelling our services, please make sure you cancel them at least 48 hours prior to the end of the current billing period otherwise you may be charged for another monthly fee.
- We do not offer refunds for change of mind so please make sure you carefully choose the product that matches your needs.
- In your first month, once you have generated your first report from the Find My Fee tool, our fee is non-refundable as you have received the benefit of our services. In subsequent months, our fee is non-refundable whether you make use of the services or not.
- We may terminate this agreement with you at any time by giving you notice of termination. The termination will take effect at the end of your current paid for period.
Part C –Terms that apply to all users
- Use of our services
- You agree to:
- to keep all username and passwords secure and confidential and not to share the access details with anyone other than the person entitled to use them.
- to immediately notify us of any unauthorised use of passwords or other breach of security.
- not to rent, lease, sell, transfer, redistribute, make available or sublicense your access to our Find My Fee tool to any third party.
- to only use our services for lawful purposes, in accordance with this agreement and any reasonable directions given by us from time to time.
- not to use our services or website in a manner that could bring our business or brand into disrepute or in a manner for which it is not intended.
- not to introduce viruses, malware or other damaging things or code into the Find My Fee tool or associated files.
- not to copy (except as expressly permitted by this agreement) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of our website, Find My Fee tool or related resources or materials, including any updates, or any parts of our software or services, or the servers or networks which are connected to our services. Any attempt to do so is a violation of the out rights.
- If you breach your responsibilities under this clause or other parts of this agreement, we may terminate your access and you may be subject to prosecution and damages.
- You agree to:
- Intellectual property
- Other than any information imported by you, we own all rights and intellectual property in the services and warrant that your use of the services, including resources we make available to you, will not infringe the rights of any third party.
- All Intellectual Property in the services remains our property and you do not have ownership rights in our Intellectual Property.
- You must not use, communicate, copy, display, distribute, modify, translate, reformat, incorporate into other works, promote, create derivative works, or in any way exploit or allow others to exploit our Intellectual Property in whole or in part, except as expressly authorised by us.
- In this agreement, Intellectual Property means all our intellectual property rights whether now existing or created after the start date of this agreement, including copyright and related rights, registered and unregistered trade and service marks, business and domain names, all rights in relation to inventions (including patents and patent applications), designs, coding, confidential information, manuals, trade secrets, know how, research data, formulae, discoveries and any other intangible proprietary rights whether registered or not, arising from intellectual activity related in any way to our business, resources we make available via our website or otherwise, our ‘Find My Fee’ tool’, any recorded sessions or phone calls with us, reports or other information provided as part of our services, and our services. Intellectual Property does not include specific information imported by you however does include reports created from the information you have imported.
- You may not remove any copyright or other ownership marks or information from any of our documents or resources.
- Security, Accessibility and Integrations
- Any data stored by or processed by us is stored or processed in Australia where possible. Due to the nature of the internet, it is always possible that information may be transferred or mirrored outside of Australia.
- Continuous access to our website and Find My Fee tool is dependent on third party services as well as our own internal processes including maintenance. As a result, our services may be inaccessible from time to time.
- We cannot guarantee that our services will always be error free. We will not be liable for any periods that our services are not functioning or are malfunctioning.
- We are committed to maintaining the security of our website and online storage however, no system can be 100% secure, so we do not provide any guarantee of the security of your data or that your data will be stored without error.
- Where our tool or website integrates with your system or platform, we accept no liability for the integration process, the pushing of information (for example, if your system does not accept information due to a malfunction, our system will continue to attempt to push the information across) or the loss of information if integration is unsuccessful. Where we make application program interfaces (API’s) available to you, you accept the API’s on an ‘as is’ where is basis without any warranty of any kind. You accept the API’s on this basis and accept all liability for their use.
- We disclaim all liability for any computer virus or technological problems that were not intentionally caused by us or are beyond our control. You are encouraged to install and maintain up-to-date security software on your systems. We do not warrant that the tool, our website or services are free from viruses, malware or similar damaging code.
- Indemnity
- You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
- Any privacy breach, copyright breach or intellectual property infringement claim or related loss or damage by third parties in relation to information you have uploaded or entered into our Find My Fee tool;
- Your use of our services including our Find My Fee tool and resources; and
- Your breach of this agreement.
- Limitation of liability
- We make no warranties or representations about the suitability, reliability, availability, timeliness or accuracy of anything contained on our website or produced by our Find My Fee tool (‘services’) for any purpose. To the maximum extent permitted by applicable law, anything contained in, provided by or produced by our services is provided “as is” without warranty or condition of any kind.
- You must use your own skill and judgement and seek independent legal or other professional advice if appropriate, to ensure any recommendation produced by our services is suitable for your business or the business of your client. This is your obligation, not ours.
- To the fullest extent permitted by law, we exclude all warranties or terms (whether express or implied) other than those expressly set out in this agreement. Where warranties or terms are implied by law, our liability in respect of any claim will be limited at our option to either supplying the services again, or promptly remedying the fault in the services.
- The parties agree that our total aggregate liability for all claims relating to this agreement is limited to the fees actually received by us from you in the 6 (six) months immediately preceding the date of claim.
- These limitations of liability apply to the fullest extent permitted by law and survive any termination or expiration of this agreement or your use of our services.
- General provisions
- Updates – we may update the terms of this license agreement and any updates will take place from your next billing cycle. We have included a ‘last updated’ date at the top of this agreement to help you to keep track of any changes.
- Relationship – The relationship between the parties is one of independent contractors. There is no partnership or employment relationship between us.
- No Waiver – Any time or other indulgence granted by either party will not in any way amount to a waiver of any of that party’s rights or remedies under this agreement.
- Governing Law – This agreement is governed by the laws of Queensland and each party agrees to be subject to the jurisdiction of the courts of Queensland in the event of a serious dispute.
- Severability – If any of the provisions of this agreement are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
- Entire agreement – this agreement, together with our website terms of use, privacy policy, website disclaimer and any other legal terms or notices displayed on or linked from our website, forms the entire agreement between us.