Terms and Conditions

This website – www.avatarxl.com.au - is owned and operated by Avatar Consulting Pty Ltd. (ABN 76 110 882 411)

From this point forward:

‘You/Your’ indicates and includes the individual and or organisation with whom there is a financial arrangement either as an owner, employee, franchisee, franchisor, contractor, legal counsel, practitioner or consultant using the Avatar Consulting website www.avatarxl.com.au
‘We’ indicates Avatar Consulting Pty Ltd, its agents and employees.
‘Our’ indicates Avatar Consulting Pty Ltd, its agents and employees and its website www.avatarxl.com.au

  1. Terms of Use

    Should you wish to enter this website you agree to comply with the Terms and Conditions and Privacy Policy contained in this document.
    Admission and use of the Avatar website are subject to the Terms and Conditions, Privacy Policy and Disclaimer contained in this document which can change from time to time at the discretion of Avatar Consulting Pty Ltd. Therefore, you are encouraged to read and understand these conditions prior to using the website.

    • By clicking ‘submit’ at any time on this website you agree to the terms and conditions.
    • By downloading content on this website you agree to the terms and conditions.
    • By reading or accessing any content on this website you agree to the terms and conditions.
    • If you do not agree to the terms and conditions, you are asked to close your browser and not access this site in the future.

  2. Minimum computer specifications

    The Avatar website is designed to be fully functional with the latest version of commonly used web browsers. At time of publication of these Terms and Conditions, functionality has been designed and successfully tested to work with Internet Explorer 10, Chrome version 31, Safari 7, Mozilla Firefox 26.0. Should you use another browser of choice or earlier versions of the listed browsers in this document, you are asked to check this with Avatar Consulting Pty Ltd for compatibility with current functionality.
    The website has been configured to work on both PC’s, Mac’s as well as mobile devices Smart Phones and tablets (Apple and Android).
    Should you experience issues with any functionality of the website you are asked to check your browser version to ensure you are working with the latest browser version.
    You agree that Avatar Consulting cannot be held accountable for issues with functionality when a user is using incompatible or older browser versions.
    You agree that Avatar Consulting Pty Ltd reserves the right to update functionality from time to time as is required in order to provide our clients and users with the must up to date website.

  3. Website Ownership and Intellectual Property Rights

    All content including all IP (with the exception of third party material) are protected by Trademark and Copyright Laws. You may print out any information you are allowed to view as part of your product suite or as a general public user for personal use however, this does not warrant permission by Avatar Consulting Pty Ltd to you for the use of such information for commercial purposes other than for direct client interaction in accordance with your suite of product/s, replication or manipulation of reports and or data to gain commercial benefits outside the terms and conditions of the contract with Avatar Consulting Pty Ltd or without the express written consent of Avatar Consulting Pty Ltd outside of this arrangement.
    You agree that you must seek written permission of Avatar Consulting Pty Ltd should you wish to use, copy or replicate any part of this website.

  4. Access Limitations

    You agree the following use is expressly prohibited unless a signed contract has been executed between Avatar Consulting Pty Ltd and you/your organisation authorising same. 

    • Allowing access to the Avatar Pty Ltd membership area to a third party via a membership or subscription or on sell platform.
    • Providing links to the Avatar Consulting Pty Ltd website via your own or a third party website.
    • Using suite programs, their functionality or formula to gain commercial benefits by either replication or manipulation of data outside the terms and conditions of the contract signed with Avatar Consulting Pty Ltd.
    • Renting or lending our suite of products to third parties that are not your employees or Franchisees. 

  5. Third Party Materials

    From time to time this website may contain links to websites operated by a third party or Avatar Consulting Pty Ltd may invite third parties to contribute material to this website. Avatar Consulting does not approve, endorse or assume responsibility for the accuracy of this third party material and does not endorse or recommend the services of third parties.
    You are therefore encouraged to make your own professional judgements about these links and use at your own risk and volition. 

  6. Security - Submission of Data and/or Personal Information

    All users who through their product suite or as a general user who submit data or personal information via the Avatar Consulting website do so at their own risk and volition.
    All passwords for front end users and back end users are encrypted.
    Avatar Consulting hold third party SSL Certificates on their websites and servers for the protection of data and personal information. Whilst every effort is made to protect data and personal information, Avatar Consulting cannot be held accountable for flaws in third party products providing such protection or force majeure.
    You are to ensure that the passwords used on Avatar Consulting website are unique and complex. In the event you lose or forget your password, an auto-generated password will be provided however it is recommended you change this immediately upon receipt.
    You agree Avatar Consulting Pty Ltd will not be held responsible for incorrect reporting or communication outcomes based on data submitted by you or your agents. 

  7. Restrictions of Use
    You must NOT use this website in any manner or for any purpose which is:

    • Unlawful in the Commonwealth of Australia or within the jurisdiction from which you access this site.
    • A violation of the rights of Avatar Consulting Pty Ltd or its third party agents.
    • Prohibited by these terms and conditions.
    • Damages the integrity or functionality of the site. 

    You may not copy, transmit or distribute any material from this website and you acknowledge that you do not acquire any ownership rights of any content on this website by definition of downloading material from the website.

  8. Cancellation of Contract - Avatar Consulting Pty Ltd including Avatarxl website.
    • Procedure:
      Termination of a licence for of any or all products (or programs) and services with Avatar Consulting Pty Ltd must be submitted in writing advising the applicable products, programs and or services seeking to terminate.
    • Notice Period:
      A minimum of 60 days’ notice is required and all contract pricing will apply up to and including the end of the 60-day period. The 60-day termination period is taken from the date of the clients’ formal termination letter or email is received by Avatar Consulting Pty Ltd.
    • Account:
      User access will be terminated at the expiration of the 60-day notice period. Invoices for the monthly licence fee/s (pro-rata if not a monthly fee cycle) will issue during the notice period. The invoice and payment arrangement will be confirmed in writing by email to the User upon receipt of the formal notice to cancel the licence, products (program) or services.
    • Data:
      All data submitted by a User seeking to terminate the arrangement will be archived by Avatar Consulting Pty Ltd. This historical data may be used by Avatar Consulting Pty Ltd for aggregated statistical analysis subject to Avatar Consulting Pty Ltd Privacy Policy.

Privacy Policy

Pertaining to the website www.avatarxl.com.au, the following Privacy Policy outlines the website’s policies relating to the collection of data and personal information including but not limited to your name, your contact details including email and phone, Profit and Loss / Balance sheet information, forecasting data that you have chosen to provide to Avatar Consulting Pty Ltd.
Avatar Consulting reserves the right to modify this policy from time to time as governing laws require. This Privacy Policy forms part of the Terms and Conditions for you must agree to in the event to use the website www.avatarxl.com.au 

  1. Personal Information
    Avatar Consulting will endeavour to protect any personal information you choose to provide to us via use of the website www.avatarxl.com.au
    You agree that the personal information you provide is done so voluntarily by you.
    This Privacy Policy will endeavour to comply at all times with the governing National Privacy Principles contained in Sch 3 of the Privacy Act 2012 (Cth) or any other applicable privacy code approved by the Federal Commissioner pursuant to that Act. 
    You agree that in order for Avatar Consulting to provide you with service requests, it is necessary for us to obtain from you personal information including but not limited to your name, your contact details including email and phone. 

  2. Financial Information
    Avatar Consulting will endeavour to protect any financial information you choose to provide to us via use of the website www.avatarxl.com.au This information will be consistent with the purposes for which it was voluntarily supplied by you (eg. Target setting, calculations, financial reporting and benchmarking etc)
    You agree that the personal information you provide is done so voluntarily by you.
    This Privacy Policy will endeavour to comply at all times with the governing National Privacy Principles contained in Sch 3 of the Privacy Act 2012 (Cth) or any other applicable privacy code approved by the Federal Commissioner pursuant to that Act.
    You agree that in order for Avatar Consulting to provide you with service requests, it is necessary for us to obtain from you financial information including but not limited to transactional, Profit and Loss / Balance Sheet information, forecasting data, Point of Sale data. 

  3. Use of Personal and Financial Information

    Both the personal and financial information voluntarily supplied by you and or your agents shall be used only in relation to the client services you have requested.
    Some of the information supplied may be used in aggregated form as part of a statistical sample however, it will never be used in the format supplied or made identifiable to any internal or external party that has not been approved by you or your agent. 

  4. Security of Personal and Financial Information

    The confidentiality of information supplied by our clients/website users on our website is held by Avatar Consulting Pty Ltd in trust and all reasonable steps are taken to ensure the privacy and integrity of this information.
    Whilst every effort is made by Avatar Consulting to protect such information over web transmissions, transmissions to and from the world wide web may be intercepted and used by third parties for their personal use and gain or alter content to contain defects such as viruses. Avatar Consulting has taken what they believe to be the necessary steps to protect your information.
    You agree you shall not hold Avatar Consulting Pty Ltd liable for any such defects or loss of information security as a result of submitting data via the Avatar website www.avatarxl.com.au 

Disclaimer

This Disclaimer forms part of the Terms and Conditions for the website www.avatarxl.com.au and Avatar Consulting Pty Ltd.
By using the website www.avatarxl.com.au you acknowledge that the services and information provided on our website is for general information. Avatar Consulting Pty Ltd will not guarantee the outcomes of services provided based on information received from you or your agents as we have no way of validating such information and rely solely on your data input for the outcome achieved.
Prior to making any decisions in relation to reporting outcomes received from our website, you should use your own judgement and seek independent advice prior to acting on any outcomes provided by us in relation to your specific circumstances.
The services provided by Avatar Consulting Pty Ltd are reliant on financial data received from you and your agents. Whilst every effort to provide a high quality service is the priority of Avatar Consulting, we do not recommend reliance nor accept responsibility for any information provided to users of our website for which we do not have total control, validation or justification of usage.
Avatar Consulting Pty Ltd, its employees and agents do not give any guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and therefore you should confirm information and advice with another source if you deem it necessary.
You agree that Avatar Consulting Pty Ltd is under no circumstances liable to you for any indirect or consequential loss of profits, damages, injury, or any consequential losses of any nature whatsoever that may arise from:

  • Accessing or using any of the information or functionality contained on or via the use of the website www.avatarxl.com.au or Avatar Consulting Pty Ltd, its agents or employees.
  • Unauthorised access or alteration to data or personal information you have submitted.
  • Conduct or statements made by a third party who has representation on the website www.avatarxl.com.au

External Contractors
Often we engage expert services from time to time to help us improve our systems, products and services. Contractors and or service providers may at times require access to Avatar Consulting Pty Ltd files, which may contain personal information. In all circumstances where personal information may become known to our Contractors or outsourced service providers, confidentiality arrangements are in place. Contractors, agents and outsourced service providers are not able to use or disclose personal information for any purposes other than our own. Avatar Consulting Pty Ltd treats client confidentiality with the utmost respect and makes every effort to deal only with third party contractors and or services provides who share and demonstrate the same attitude and respect in such sensitive matters. 

Disclosure as a result of your actions
There may be circumstances in which we consider you, by your actions, to have released us from our duty of confidentiality or to have consented to the disclosure of information about you without actually saying so (for example, if you discuss your financial position publicly to the media, in such a way as to leave us with little alternative but to respond publicly). 

Disposing of information
Where information we hold is identified as no longer needed for any purpose we ensure it is effectively and securely destroyed, for example, by shredding in the case of paper or by degaussing (demagnetism of the medium using alternating electric currents) and other means in the case of electronic records and equipment. 

Use of "Cookies"
Our Site may use cookies to enhance your experience while using our Site. Cookies are pieces of information that some Web sites transfer to the computer that is browsing that Web site and are used for record-keeping purposes at many Web sites. Use of cookies makes Web-surfing easier by performing certain functions such as saving your passwords, your personal preferences regarding your use of the particular Web site and to make sure you don't see the same ad repeatedly. Many consider the use of cookies to be an industry standard.Your browser is probably set to accept cookies. However, if you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our Site will not function properly when you view them. 

Complaints
In the event you feel you have cause to challenge the terms and conditions of this website, you can, in the first instance, contact Avatar Consulting Pty Ltd on 07 3832 997 or via email This email address is being protected from spambots. You need JavaScript enabled to view it. to discuss your concerns.

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