Effective Date: 1 January 2026
Last Updated: 1 January 2026
1. Definitions
In these Terms and Conditions:
- "Company" means Westward Partners Pty Ltd, ABN 92 697 393 650, ACN 697 393 650.
- "Client" means the individual or entity engaging the Company's services.
- "Services" means the strategic advisory, risk management, business transformation, or other consulting services provided by the Company.
- "Agreement" means the combination of these Terms and Conditions and any applicable service agreement or engagement letter.
2. Application of Terms
These Terms and Conditions apply to all services provided by Westward Partners Pty Ltd to the exclusion of any terms proposed by the Client, unless expressly agreed in writing. By engaging the Company's services, the Client acknowledges acceptance of these Terms and Conditions.
3. Services
The Company will provide the Services as described in the applicable service agreement or engagement letter. The scope, deliverables, timelines, and fees for each engagement will be set out in that agreement. The Company reserves the right to decline any engagement at its discretion.
4. Fees and Payment
- Fees for Services will be as specified in the applicable engagement letter or service agreement.
- Unless otherwise agreed, invoices are payable within 30 days of the invoice date.
- The Company reserves the right to charge interest on overdue amounts at a rate of 2% per annum above the Reserve Bank of Australia's cash rate, calculated from the due date.
- All prices are in Australian dollars (AUD) and are exclusive of GST unless otherwise stated.
5. Australian Consumer Law
Nothing in these Terms and Conditions excludes, restricts, or modifies any rights the Client may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot be excluded. Where the Company provides Services that are not of a kind ordinarily acquired for personal, domestic, or household use, the Company's liability for a failure to comply with a consumer guarantee is limited, at the Company's option, to:
- The supply of the Services again; or
- The payment of the cost of having the Services supplied again.
6. Limitation of Liability
To the maximum extent permitted by law:
- The Company's total liability arising out of or in connection with the Services, whether in contract, tort (including negligence), or otherwise, is limited to the fees paid by the Client for the specific Services giving rise to the claim.
- The Company is not liable for any indirect, incidental, special, or consequential loss or damage, including loss of profits, loss of revenue, loss of opportunity, or loss of data.
- The Client acknowledges that advisory and consulting services involve professional judgement and that outcomes cannot be guaranteed.
7. Intellectual Property
- All intellectual property rights in materials, methodologies, tools, and frameworks developed by the Company independently of the engagement remain the property of the Company.
- The Client grants the Company a non-exclusive licence to use the Client's materials as reasonably necessary to provide the Services.
- Upon full payment of all fees, the Client receives a non-exclusive, non-transferable licence to use deliverables produced specifically for the Client under the engagement, for the Client's internal business purposes only.
- The Client must not reproduce, distribute, or create derivative works from the Company's proprietary materials without prior written consent.
8. Confidentiality
Each party agrees to keep confidential all confidential information received from the other party in connection with the engagement. Confidential information must not be disclosed to any third party without the other party's prior written consent, except as required by law or regulation. This obligation survives termination of the Agreement.
9. Termination
- Either party may terminate the Agreement by giving 30 days' written notice to the other party.
- Either party may terminate the Agreement immediately by written notice if the other party commits a material breach that remains unremedied for 14 days after written notice requiring remedy.
- Upon termination, the Client must pay for all Services performed and expenses incurred up to the date of termination.
- Provisions of these Terms that by their nature should survive termination will remain in effect, including without limitation clauses 6, 7, 8, and 12.
10. Disclaimers
- The Company provides the Services on a reasonable efforts basis. While every care is taken, the Company does not warrant that the results of any Services will meet the Client's specific requirements or objectives.
- The Company makes no representations or warranties other than those expressly set out in the Agreement.
- Any advice provided by the Company is general in nature and does not constitute financial, legal, or tax advice. The Client should seek independent specialist advice where appropriate.
11. Indemnity
The Client indemnifies the Company against all claims, losses, damages, liabilities, and costs (including legal costs on a solicitor-client basis) arising from or in connection with the Client's use of the Services, except to the extent caused by the Company's negligence or wilful misconduct.
12. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Western Australia (WA). The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
13. Variation
The Company may vary these Terms and Conditions from time to time by publishing the updated terms on the Company's website at westwardpartnerspty.site. Continued use of the Services after such publication constitutes acceptance of the amended terms.
14. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced by a valid provision that most closely achieves the intent of the original.
15. Contact
For questions about these Terms and Conditions, please contact us:
- Organisation: Westward Partners Pty Ltd
- ABN: 92 697 393 650
- Email: [email protected]
- Address: Western Australia 6016