These Terms of Service (“Terms”) govern your access to and use of the Site and any products or services we make available through it, including appointment bookings and advisory consultations (collectively, the “Services”). By accessing the Site or using the Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree, you must not use the Site or the Services.

1. About Winnchester

We provide human resources and related advisory Services to businesses. Unless expressly agreed in a signed engagement agreement, information on the Site is general in nature and may not suit your circumstances.

2. Eligibility & Your Responsibilities

You may use the Site only for lawful purposes and in accordance with these Terms. You must:

• provide accurate and current information when creating an account or making a booking;

• keep your account credentials confidential and notify us of any unauthorised use;

• comply with all applicable laws in Australia (including the Australian Consumer Law) and, where relevant, your local laws.

3. Bookings, Rescheduling & Cancellations

3.1 Bookings. You may book consultations via our online system. Bookings are accepted when you receive our confirmation.
3.2 Rescheduling. You may reschedule once without charge if you give at least 48 hours’ notice.
3.3 Cancellations & No-Shows. If you cancel with less than 48 hours’ notice or do not attend, a cancellation fee of 75% may apply.
3.4 Our Changes. We may reschedule or cancel if a consultant is unavailable or for other reasonable reasons. If so, we will offer a new time or a refund of any pre-paid fee.

4. Fees, Invoices & Payment

4.1 Pricing. Fees are shown in Australian dollars and inclusive/exclusive of GST as stated. We may change fees at any time (changes do not affect confirmed bookings).
4.2 Payment Terms. Payment is due at booking/upon invoice within 14 days via cards/Bank transfer/Acuity/Stripe. Late payments may incur interest/administration charges as permitted by law.
4.3 Refunds. Refunds are provided in accordance with these Terms and the Australian Consumer Law.

5. Scope of Advice (No Legal/Financial Advice)

Unless expressly stated in a signed engagement agreement with you:

• our Services constitute general HR and business advisory information only;

• we do not provide legal, financial, tax, accounting, medical or psychological advice;

• you should obtain independent professional advice before acting on any information.
  If we provide templates, checklists or scripts, you are responsible for reviewing and adapting them for your specific needs and ensuring compliance with applicable laws and industrial instruments.

6. Client Materials & Confidentiality

6.1 Your Materials. You retain ownership of materials and data you provide (“Client Materials”). You grant us a non-exclusive licence to use Client Materials solely to deliver the Services.
6.2 Confidentiality. Each party must keep the other party’s non-public information confidential and use it only for the purpose of providing/receiving the Services, unless disclosure is required by law or with consent.
6.3 Data Protection. We handle personal information in accordance with our Privacy Policy and applicable privacy laws.

7. Intellectual Property

7.1 Our IP. The Site, its content, look-and-feel, graphics, trade marks (including “Winnchester”), documents, training materials and templates are our intellectual property or that of our licensors.
7.2 Your Licence to Use. We grant you a limited, revocable, non-transferable licence to access and use the Site for your internal business purposes.
7.3 No Unauthorised Use. You must not copy, modify, reproduce, distribute, sell, sub-licence, reverse engineer or create derivative works from the Site or our materials, except as permitted by law or with our written consent.

8. Acceptable Use

You must not:

• use the Site in a way that infringes rights, is unlawful, misleading or deceptive;

• upload or transmit malware or harmful code;

• harvest data or attempt to gain unauthorised access to any system;

• use automated tools (e.g., scraping, bots) without our consent;

• post or transmit content that is defamatory, discriminatory, harassing or otherwise objectionable.

9. User Content & Testimonials

If you submit reviews, testimonials or other content, you:

• represent that it is accurate and lawful and that you have the right to share it; and

• grant us a worldwide, royalty-free licence to use, reproduce, and display it for marketing and operational purposes.
  We may remove content that we reasonably consider breaches these Terms.

10. Third-Party Services & Links

The Site may link to third-party websites or integrate tools (e.g., payment processors, booking platforms). We are not responsible for third-party content, policies or practices. Your use of third-party services is at your own risk and subject to their terms.

11. Availability & Changes

We aim to keep the Site available and accurate, but it is provided “as is” and “as available”. We may change, suspend or discontinue any part of the Site or Services at any time.

12. Warranties & Disclaimers

To the maximum extent permitted by law, we exclude all warranties, guarantees and representations not expressly set out in these Terms. Nothing in these Terms excludes, restricts or modifies any consumer guarantees under the Australian Consumer Law that cannot be excluded.

13. Liability

13.1 ACL Remedies. Where the Australian Consumer Law applies and our Services are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited (at our option) to resupplying the Services or paying the cost of having them resupplied.
13.2 Exclusions. To the fullest extent permitted by law, we are not liable for any indirect or consequential loss, loss of profit, revenue, goodwill, or data arising out of or in connection with the Site or the Services.
13.3 Cap. Subject to the ACL and to clause 13.1, our aggregate liability for all claims is limited to the total fees you paid to us for the relevant Services in the 12 months preceding the event giving rise to the claim.

14. Indemnity

You indemnify us (and our directors, officers, employees and contractors) against losses, costs and liabilities arising from your breach of these Terms, misuse of the Site, or infringement of third-party rights, except to the extent caused by our negligence or breach.

15. Force Majeure

We are not responsible for delay or failure to perform caused by events beyond our reasonable control (including outages, strikes, acts of God, epidemics, government action).

16. Termination & Suspension

We may suspend or terminate your access to the Site or Services if we reasonably believe you have breached these Terms or applicable law. On termination, clauses intended to survive (including 6–15, 17–19) will continue.

17. Complaints

If you have a concern about the Site or Services, please contact us at admin@winnchester.com.au with details. We will aim to respond within 10 business days.

18. Governing Law & Jurisdiction

These Terms are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia (Brisbane registry).

19. Changes to These Terms

We may update these Terms from time to time by posting the revised version on the Site with a new effective date. Changes take effect when posted. Your continued use constitutes acceptance of the updated Terms.

20. Definitions

“Client Materials” has the meaning in clause 6.1. “Services” means our advisory and related services, including consultations booked via the Site.