Website Terms of Use

These Website Terms of Use (Terms) apply to your access to and use of the OpsClarity website and any tools, content and resources made available on it (Website). The Website is operated by Samantha Millen trading as OpsClarity (ABN 57 606 469 183) (OpsClarity, we, us or our).

By accessing or using the Website, you agree to these Terms. If you do not agree to these Terms, you should not use the Website. We may update these Terms from time to time under clause 14.

The Website provides information about OpsClarity and its services, allows you to submit enquiries and book an introductory Clarity Call, and may include blog articles, downloadable resources, templates, checklists, educational content and interactive tools such as the online Clarity Check.

The content on the Website is general business and operational information only. It does not take into account your particular circumstances, and it is not legal, financial, accounting, tax or other regulated professional advice, and must not be relied on as if it were. You are responsible for your own decisions about how to use the information on the Website, and for the results of those decisions.

While we take care in preparing the content on the Website, we do not warrant that it is complete, accurate, current or suitable for any particular purpose, except to the extent required by law.

You can use the Website to submit an enquiry, request a proposal or book an introductory Clarity Call. Doing so does not create a binding agreement for us to provide services to you.

Any services we provide are subject to a separate agreement, which is confirmed through a proposal, quote, statement of work, agreement or invoice. Nothing on the Website is an offer capable of acceptance to provide services on particular terms.

We may make available an online Clarity Check and other interactive tools. These tools use artificial intelligence, including tools built on third-party platforms, to provide general guidance and to suggest an appropriate starting point for our services.

The Clarity Check provides general guidance only. It does not replace a professional consultation, and it does not guarantee any particular business outcome. Output generated by these tools may be inaccurate or incomplete, and you should not rely on it as if it were advice tailored to your circumstances. You should not enter sensitive information, confidential information, or the personal information of other people into these tools.

Information you enter into these tools may be processed by a third-party platform and may be processed outside Australia. Our use of artificial intelligence is described further in our AI Disclaimer, and our handling of personal information is described in our Privacy Policy.

Unless otherwise indicated, all content on the Website, including text, graphics, logos, layouts, articles, resources, templates, checklists and the OpsClarity name and branding, is owned by or licensed to OpsClarity and is protected by intellectual property laws, including the Copyright Act 1968 (Cth).

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website, and to view and print content, for your own internal business or personal, non-commercial purposes, subject to these Terms.

You must not, without our prior written consent, or except as permitted by law: copy, reproduce, republish, distribute, sell or commercially exploit any content on the Website; systematically extract or scrape content from the Website; remove or alter any copyright, trade mark or other proprietary notice; or use any content in a way that suggests an association with, or endorsement by, OpsClarity that does not exist.

Where we make a downloadable resource, template or checklist available, you may use it for your own internal business purposes. Unless we agree otherwise in writing, you must not redistribute, resell, sub-license or publish it, or present it as your own.

When you use the Website, you must not:

We may suspend or restrict your access to the Website if we reasonably consider that you have breached these Terms, or to protect the Website, our business or other users.

We handle personal information in accordance with our Privacy Policy, which forms part of these Terms. Our Cookie Policy explains the cookies and tracking technologies we use on the Website, and how you can manage your preferences.

The Website may contain links to third-party websites, tools and platforms that we do not control, and may operate using third-party platforms such as Webflow and HubSpot. We provide links and use these platforms for convenience, and their inclusion does not mean we endorse them.

We are not responsible for the content, products, services or privacy practices of third parties. Your use of a third-party website or platform is at your own risk and is subject to that third party's terms.

We aim to keep the Website available, but we do not guarantee that it will be available at all times, or that it will be uninterrupted, secure or error-free. We may change, suspend or discontinue any part of the Website at any time, without notice, to the extent permitted by law.

Certain legislation, including the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth), may confer guarantees, rights and remedies that cannot lawfully be excluded, restricted or modified (Consumer Guarantees). Nothing in these Terms excludes, restricts or modifies any Consumer Guarantee to the extent that doing so would be unlawful. These Terms are to be read subject to those Consumer Guarantees.

To the extent that we are entitled to do so, and other than for the Consumer Guarantees, our liability for a failure to comply with a guarantee that cannot be excluded is limited, at our option, to supplying the relevant services again, or paying the cost of having them supplied again.

Subject to clause 10, and to the extent permitted by law, you use the Website and its content at your own risk, and we exclude all terms, guarantees, warranties, representations and conditions that are not expressly set out in these Terms.

Subject to clause 10, we do not warrant that the Website or its content is free from errors, viruses or harmful components, or that any result will be achieved from using the Website or any tool on it.

Subject to clause 10, and to the extent permitted by law, we are not liable to you for any loss or damage, however arising (including in contract, tort (including negligence) or under statute), in connection with your access to or use of, or inability to use, the Website or its content, including any indirect or consequential loss, loss of profit, loss of data or loss of business opportunity.

Subject to clause 10, and to the extent permitted by law, our total liability to you in connection with the Website is limited to AUD 100. This clause does not apply to liability that cannot lawfully be limited.

These Terms are governed by the laws of Queensland. You submit to the non-exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them.

We may update these Terms from time to time by posting the updated Terms on the Website. The updated Terms take effect when posted, and the version that applies is the one in effect when you access the Website. Your continued use of the Website after we post an update means you accept the updated Terms.

If a provision of these Terms is void, voidable or unenforceable, it is to be read down to the extent necessary, or severed, without affecting the remaining provisions.

Our failure or delay in exercising a right under these Terms does not operate as a waiver of that right.

If you have any questions about these Terms, you can contact us at: hello@opsclarity.com.au