Terms of service

The Business Advisory™ – Terms of Service

Last Updated: 30 September 2026

Overview

Welcome to The Business Advisory. The terms "we", "us" and "our" refer to The Business Advisory. We operate this store and website, including all related information, content, features, tools, products and services (the "Services"). Our store is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referred to in them (these "Terms of Service" or "Terms"), set out your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about warranties and limitations of liability.

By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, please do not use the Services.

Your rights under Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot lawfully be excluded. Where these Terms say otherwise, they apply only to the extent permitted by law.

Section 1 – Access and account

By agreeing to these Terms, you confirm that you are at least 18 years old, or the age of majority where you live, and that you consent to any of your minor dependants using the Services on devices you own, purchase or manage.

To use the Services, including browsing our store or buying our products or services, you may be asked for information such as your email address and billing, payment and delivery details. You confirm that all information you provide is correct, current and complete, and that you have the right to provide it.

You are responsible for keeping your account login details secure and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.

Section 2 – Our products

We make every effort to describe and display our products and services accurately. However, colours and appearance may differ from what you see on your screen depending on your device and its settings.

We may change product descriptions at any time without notice. We may discontinue any product at any time and may limit the quantities we offer to any person, region or jurisdiction on a case-by-case basis. This does not affect your rights under the Australian Consumer Law.

Section 3 – Orders

When you place an order, you are making an offer to buy. We may accept or decline your order at our discretion, and your order is not accepted until we confirm it. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may not be able to cancel an order once it is accepted. If we decline, change or cancel your order, we will try to let you know using the email, billing address or phone number you provided.

Returns, exchanges and refunds are handled in line with our Refund Policy [LINK] and your rights under the Australian Consumer Law.

You confirm that your purchases are for your own use (including use in your own business) and not for resale or export.

Section 4 – Prices and billing

Prices, discounts and promotions may change without notice. The price you pay is the price in effect when you place your order, as shown in your order confirmation email. Prices are in Australian dollars and include GST unless stated otherwise. Delivery, handling, customs or import charges are shown separately where they apply.

Prices in our online store may differ from prices offered elsewhere. Promotions may be subject to separate terms, and if those terms conflict with these Terms, the promotion terms apply.

You agree to provide current, complete and accurate purchase, payment and account information, and to promptly update it (including your email address and card details) so we can complete your transactions and contact you.

You confirm that (i) your payment card information is true, correct and complete, (ii) you are authorised to use that card, (iii) your card provider will honour the charges, and (iv) you will pay all charges at the posted prices, including any delivery charges and applicable taxes.

Section 5 – Shipping and delivery

Delivery times are estimates only and are not guaranteed. To the extent permitted by law, we are not responsible for delays caused by carriers, customs processing or events outside our reasonable control. Once we hand products to the carrier, title and risk of loss pass to you. Where our products or services are delivered digitally, access details will be sent to the email address you provide.

Section 6 – Intellectual property

The Services, including all trademarks, brands, text, displays, images, graphics, templates, resources, product reviews, video and audio, and their design, selection and arrangement, are owned by The Business Advisory, its affiliates or licensors. They are protected by Australian and international copyright, trade mark and other intellectual property laws.

These Terms allow you to use the Services and any materials you purchase for your own personal or internal business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, resell, store or transmit any material from the Services without our prior written consent. Nothing in these Terms grants you any licence or rights to the intellectual property of The Business Advisory, Shopify or any third party, except as expressly stated. All rights not expressly granted are reserved.

The Business Advisory's names, logos, product and service names, designs and slogans are trade marks of The Business Advisory or its affiliates or licensors, and must not be used without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trade marks of Shopify. All other names, logos and marks on the Services belong to their respective owners.

Section 7 – Optional tools

We may give you access to third-party tools as part of the Services, which we do not monitor or control. To the extent permitted by law, these tools are provided "as is" and "as available", without any warranties or endorsement, and we are not liable for your use of them. Your use of these tools is at your own risk, and you should review the terms on which each third-party provider offers them.

We may add new features, tools or resources to the Services in the future. These will also be part of the Services and subject to these Terms.

The Services may include content from, or links to, websites operated by third parties, including embedded third-party functionality. We do not review or evaluate the content or accuracy of third-party materials or websites, and you access them at your own risk.

To the extent permitted by law, we are not liable for any harm or loss relating to your use of third-party websites, or any products, services or content you obtain from them. Please review their policies carefully before engaging with them, and direct any complaints or questions about third-party products to the third party.

Section 9 – Relationship with Shopify

The Business Advisory is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Business Advisory. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Business Advisory, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Business Advisory.

Section 10 – Privacy Policy

All personal information we collect through the Services is handled in line with our Privacy Policy [LINK]. Some personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit is transmitted to and shared with Shopify and with third parties that may be located outside Australia. Our Privacy Policy explains how we, Shopify and our partners use your personal information.

Section 11 – Feedback

If you submit, upload, post, email or otherwise send us any ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial use. For example, we may use it to operate, evaluate, improve and promote the Services.

You confirm that (i) you own or have all necessary rights to your Feedback, (ii) you have disclosed any payment or incentive you received in connection with it, and (iii) it complies with these Terms. We have no obligation to keep your Feedback confidential, pay you for it or respond to it.

We may, but are not required to, monitor, edit or remove Feedback that we decide is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes anyone's intellectual property or these Terms.

Your Feedback must not infringe the rights of any third party, including copyright, trade mark, privacy or personality rights. It must not contain defamatory, unlawful, abusive or obscene material, or any virus or malware. You must not use a false email address, pretend to be someone else or otherwise mislead us or others about the origin of any Feedback. You are responsible for your Feedback and its accuracy, and to the extent permitted by law, we accept no liability for Feedback posted by you or any third party.

Section 12 – Errors, inaccuracies and omissions

Information on the Services may occasionally contain typographical errors, inaccuracies or omissions, including in product descriptions, pricing, promotions, offers, delivery charges, transit times and availability. We may correct any errors, update information or cancel orders if information is inaccurate, at any time and without prior notice, including after you have submitted your order. If we cancel an order you have paid for, we will refund you in full.

Section 13 – Prohibited uses

You may use the Services for lawful purposes only. You must not access or use the Services, directly or indirectly:

  1. for any unlawful or malicious purpose;
  2. to breach any international, federal, state or local law or regulation;
  3. to infringe our intellectual property rights or those of others;
  4. to harass, abuse, insult, harm, defame, intimidate or disparage any of our staff or any other person;
  5. to transmit false or misleading information;
  6. to send, receive, upload, download or use any material that does not comply with these Terms;
  7. to send, or arrange the sending of, advertising or promotional material, including junk mail, chain letters or spam;
  8. to impersonate, or attempt to impersonate, any other person or entity; or
  9. to engage in any other conduct that restricts anyone's use of the Services, or that we determine may harm The Business Advisory, Shopify or users of the Services, or expose them to liability.

You also agree not to:

  1. upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services;
  2. reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services;
  3. collect or track the personal information of others;
  4. spam, phish, pharm or pretext the Services;
  5. use any robot, spider, scraper, data gathering or extraction tool, automated process, AI tool (such as agentic AI) or other automated or manual means to access the Services; or
  6. interfere with, bypass or circumvent any security or access measures, robot exclusion headers or other measures we use to restrict access to the Services.

We may suspend, disable or terminate your account at any time, without notice, if we determine that you have breached these Terms.

Section 14 – Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can run on behalf of, or using, a person's device without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates strictly in line with section 14.4. No Agent may access, use or interact with the Services if we have asked it not to.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent's name by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or disguise that any access, use or interaction is from an Agent, for example by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or other measures intended to distinguish computers from humans; (iii) respond truthfully to any question or prompt asking whether interactions are coming from a human or a computer; and (iv) not circumvent or avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

Section 15 – Termination

We may terminate these Terms or your access to the Services (or any part of them) at our discretion, at any time and without notice. You remain liable for all amounts owing up to and including the date of termination.

The following sections continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16 – Disclaimer of warranties

Information on or through the Services, including any business, financial or strategic content, is provided for general information only. It does not take into account your particular circumstances and is not a substitute for professional legal, financial, tax or accounting advice. To the extent permitted by law, we do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on it is at your own risk.

Subject to your rights under the Australian Consumer Law, and except as expressly stated by The Business Advisory, the Services and all products offered through them are provided "as is" and "as available", without any representations, warranties or conditions of any kind, express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Section 17 – Limitation of liability

Nothing in this section limits any liability that cannot be excluded or limited under the Australian Consumer Law or any other law.

Where our goods or services are not of a kind ordinarily acquired for personal, domestic or household use, and to the extent permitted by law, our liability for failing to comply with a consumer guarantee is limited to, at our option: (a) for goods, replacing or repairing them, supplying equivalent goods, or paying the cost of doing so; and (b) for services, supplying the services again or paying the cost of having them supplied again.

Subject to the above and to the fullest extent permitted by law, The Business Advisory, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and those of Shopify and its affiliates, are not liable for any injury, loss or claim, or any indirect, incidental, punitive, special or consequential loss or damage of any kind, including lost profits, lost revenue, lost savings, loss of data or replacement costs, whether in contract, tort (including negligence), statute or otherwise, arising from your use of the Services or any products obtained through them, even if advised of the possibility of that loss.

Section 18 – Indemnity

To the extent permitted by law, you agree to indemnify, defend and hold harmless The Business Advisory, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal costs, payable to a third party because of or arising out of (1) your breach of these Terms or the documents they incorporate, (2) your breach of any law or the rights of a third party, or (3) your access to and use of the Services. Your liability under this indemnity is reduced to the extent any loss was caused by our own negligence or breach of these Terms.

We will notify you of any claim covered by this indemnity. A failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of the claim at your expense, including choosing legal representation, but will not settle any claim that requires non-monetary obligations from you without your consent (which you must not unreasonably withhold). You will cooperate in the defence of the claim, including by providing relevant documents.

Section 19 – Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, it will still be enforced to the fullest extent permitted by law, and the unenforceable part will be treated as removed. This will not affect the validity or enforceability of the remaining provisions.

Section 20 – Waiver and entire agreement

If we do not exercise or enforce any right or provision of these Terms, that does not waive the right or provision.

These Terms, together with any policies or operating rules we post on this site or in relation to the Services, are the entire agreement between you and us about your use of the Services. They replace any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any earlier versions of these Terms.

Any ambiguity in these Terms will not be interpreted against the party that drafted them.

Section 21 – Assignment

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

Section 22 – Governing law

These Terms, and any separate agreements under which we provide Services to you, are governed by the laws of South Australia, Australia. You and The Business Advisory submit to the non-exclusive jurisdiction of the courts of South Australia and the courts that may hear appeals from them.

Section 23 – Headings

Headings in these Terms are for convenience only and do not limit or affect their meaning.

Section 24 – Changes to these Terms

You can review the current version of these Terms at any time on this page. We may update, change or replace any part of these Terms by posting changes on our website, so please check back from time to time. We will notify you of any material changes as required by law, and they will take effect on the date stated in the notice. By continuing to use the Services after changes are posted, you accept those changes.

Section 25 – Contact information

Questions about these Terms can be sent to us at management@oliviajenkins.co.

The Business Advisory™ Email: management@oliviajenkins.co Post: Unit 2, 7B Peachey Road, Edinburgh North SA 5113, Australia ABN: 61 248 361 354