Ton Sports Pty Ltd · Melbourne VIC ceo@tonsports.online
TS Ton Sports Pty Ltd Professional Business & Consulting Services

Terms of Service

The terms and conditions governing engagements with Ton Sports Pty Ltd (ABN 94 703 149 464).

Last updated: 1 January 2025 · Melbourne VIC, Australia

1. Agreement to these Terms

These Terms of Service (the “Terms”) govern your access to and use of the services provided by Ton Sports Pty Ltd (ABN 94 703 149 464) (“Ton Sports”, “we”, “us” or “our”), including all professional business and consulting services described on this website. By engaging our services, requesting a quote, submitting an enquiry or otherwise using this website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not engage our services or use this website.

These Terms apply in conjunction with any written engagement letter, statement of work or quotation accepted between you and Ton Sports. Where an accepted engagement document conflicts with these Terms, the engagement document will prevail to the extent of the inconsistency for that specific engagement.

2. About Ton Sports Pty Ltd

Ton Sports Pty Ltd is an Australian proprietary company registered under the Corporations Act 2001 (Cth), with Australian Business Number ABN 94 703 149 464. We operate from Melbourne VIC and provide professional business and consulting services to organisations and individuals across Victoria and Australia. Our registered contact email is ceo@tonsports.online.

3. Scope of Services

We provide professional business and consulting services, which may include advisory, planning, operational review, reporting and related support work. The exact scope, deliverables, timelines and fees for each engagement will be set out in a written quotation or engagement document agreed between the parties before work commences.

Nothing on this website constitutes a binding offer to provide services. All engagements are subject to availability, our acceptance of your request, and agreement on scope and fees.

4. Quotes and Engagement

  • Quotations provided by us are valid for 30 days from the date of issue unless otherwise stated in writing.
  • A quotation is an estimate based on the information you provide. If the scope changes or additional information materially affects the work, we may revise the quotation and will seek your agreement before proceeding.
  • An engagement commences only when both parties have accepted the quotation or engagement document in writing (including by email).
  • Where a deposit or upfront payment is required, work will not commence until that payment has been received in full.

5. Fees, Invoicing and Payment

  • All fees are stated in Australian dollars (AUD) and are exclusive of GST unless expressly stated otherwise. GST will be added where applicable in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Invoices are payable within 14 days of the invoice date unless alternative payment terms are agreed in writing.
  • We may charge interest on overdue amounts at a rate reasonably determined by us, and we may suspend delivery of services until outstanding amounts are paid.
  • Disbursements and third-party costs reasonably incurred in delivering the services will be on-charged where set out in the engagement document.

6. Your Obligations

You agree to:

  • provide accurate, complete and timely information, documents and access reasonably required for us to perform the services;
  • ensure any information you provide does not infringe the rights of any third party or breach any law;
  • obtain any internal approvals or third-party permissions required for the engagement;
  • promptly notify us of any change to the scope, timing or circumstances of the engagement;
  • use any deliverables, reports or materials we provide solely for the purposes of the agreed engagement.

We are entitled to rely on information you provide, and we are not responsible for delays or deficiencies in the services caused by incomplete, inaccurate or late information from you.

7. Professional Advice Disclaimer

Our services are provided for the specific purposes agreed in the engagement documents. Advice, reports and deliverables are based on the information available to us at the time of preparation and on the assumptions stated. You should not rely on any general content published on this website as professional advice for your particular circumstances. You should seek advice tailored to your situation before acting on any material on this website or in our deliverables.

8. Intellectual Property

  • All pre-existing intellectual property owned by either party remains the property of that party.
  • Upon full payment of all fees due, you are granted a non-exclusive, non-transferable licence to use the deliverables prepared for you for the internal business purposes of the engagement.
  • We retain ownership of our methodologies, frameworks, templates, know-how and tools, and we may reuse general skills and knowledge gained during the engagement.
  • All content on this website, including text, branding and design, is owned by or licensed to Ton Sports Pty Ltd and is protected by Australian and international copyright laws.

9. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with an engagement, and to use such information only for the purposes of the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law, a regulator or a court. This obligation survives completion or termination of an engagement.

10. Australian Consumer Law – Consumer Guarantees

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot lawfully be excluded, restricted or modified.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us, or to a refund for the prepaid amount of the unused service. For reasonably foreseeable losses caused by our failure to comply with consumer guarantees, you may be entitled to compensation. Where services are supplied to you as a consumer, and the failure is not a major failure, you are entitled to have the failure remedied in a reasonable time.

Where the Australian Consumer Law applies and permits limitation of liability, and to the extent permitted by law, our liability for any failure to comply with a consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

11. Limitation of Liability

To the maximum extent permitted by law, and subject to section 10 of these Terms:

  • we exclude all other conditions, warranties and guarantees, whether express or implied, that are not consumer guarantees under the Australian Consumer Law;
  • we are not liable for indirect, incidental, special or consequential loss, loss of profit, loss of revenue, loss of business opportunity, or loss or corruption of data arising from the services or your use of this website;
  • our total aggregate liability arising out of or in connection with an engagement is limited to the fees paid by you for that specific engagement;
  • we are not liable for any delay or failure to perform our obligations caused by events outside our reasonable control, including natural disasters, industrial action, government restrictions or failures of third-party systems or utilities.

12. Termination

  • Either party may terminate an engagement by giving 14 days’ written notice to the other party, unless a different notice period is agreed in the engagement document.
  • Either party may terminate an engagement immediately by written notice if the other party commits a material breach of these Terms or the engagement document that is not remedied within 14 days of written notice of the breach, or if the other party becomes insolvent, enters administration or liquidation, or ceases to carry on business.
  • On termination, you must pay all fees for work performed and disbursements incurred up to the date of termination. Sections relating to intellectual property, confidentiality, liability and governing law survive termination.

13. Third-Party Websites and Links

This website may contain links to third-party websites for your convenience. We do not endorse, control or accept responsibility for the content, accuracy or practices of any third-party websites. Accessing third-party websites is at your own risk and subject to their own terms and privacy policies.

14. Privacy

Your privacy is important to us. Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms. By using this website or engaging our services, you consent to the handling of your personal information as described in that policy.

15. Changes to these Terms

We may update these Terms from time to time to reflect changes in our services, business practices or legal requirements. The current version will always be published on this page with the date of last revision. Continued use of this website or engagement of our services after changes are published constitutes acceptance of the updated Terms. Material changes affecting an existing engagement will be communicated to you directly.

16. Governing Law and Jurisdiction

These Terms and any engagement with Ton Sports Pty Ltd are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of Australia with jurisdiction in that State, and waive any objection based on venue or inconvenience of forum.

17. Severability

If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

18. Contact Us About These Terms

If you have any questions, concerns or disputes regarding these Terms of Service, please contact us in writing:

We aim to acknowledge and respond to all written enquiries within two business days. If you have a complaint regarding our services, please raise it with us in writing first so we can work towards a fair resolution. You may also be entitled to escalate certain matters to the relevant Victorian or Commonwealth consumer protection authorities, including Consumer Affairs Victoria or the Australian Competition and Consumer Commission (ACCC).