1. About these terms
This website, theoperatingpartner.com (Website), is operated by 00052 PTY LTD (ACN 691 559 154), trading as The Operating Partner (we, us or our).
These Terms of Use govern your access to and use of the Website, including its content, enquiry forms and appointment booking features.
Please read these terms before using the Website. By using the Website, you agree to these terms. If you do not agree, please stop using the Website.
2. Website information and our services
The Website provides information about our business, services and approach, together with general commentary and resources.
Using the Website, submitting an enquiry or booking an introductory call does not, by itself, create a consulting engagement or oblige either party to proceed with an engagement.
Paid services are governed by a separately signed scope of work and any accompanying agreement. These Terms of Use do not determine the fees, deliverables, ownership of client work or other conditions of those engagements, and do not vary an existing client agreement.
3. General information only
Website content is provided for general information. It does not take into account your particular business, objectives, financial circumstances or requirements.
Content on the Website is not tailored professional advice, including legal, tax, accounting or financial product advice. Before acting on it, you should assess its suitability and obtain appropriate advice for your circumstances.
We take reasonable care in preparing Website content, but information may become outdated or contain errors or omissions. Subject to section 9, we do not warrant that all content is complete, current or suitable for a particular purpose.
Any examples, case studies or descriptions of outcomes are provided for context and do not guarantee comparable results for another business.
4. Permitted use
You may access and use the Website for lawful purposes, including learning about our services, reading our content, making enquiries and booking calls.
You must not:
Use the Website for unlawful, fraudulent, misleading or abusive purposes.
Submit information that you know is false, impersonate another person or misrepresent your authority to act for an organisation.
Introduce malicious code, send spam or interfere with the Website’s security or operation.
Attempt to gain unauthorised access to the Website, its underlying systems or information belonging to another person.
Use automated tools in a way that materially disrupts the Website, bypasses access controls or collects personal information without lawful authority.
Infringe our intellectual property rights or the rights of another person.
5. Intellectual property
Unless otherwise identified, intellectual property rights in the Website and its content—including text, graphics, branding, designs and downloadable materials—belong to us or our licensors.
You may view, download and print content for your personal use or internal business reference, provided you retain any copyright notices and attribution.
Except as permitted by law or expressly authorised by us, you must not reproduce, adapt, distribute, sell or commercially exploit Website content. Any specific licence accompanying a downloadable resource governs use of that resource.
You may share links to publicly accessible Website pages, provided you do not falsely suggest an endorsement, affiliation or partnership.
Our name, logos and branding must not be used without our prior written permission, except as permitted by law. Third-party names and marks remain the property of their respective owners.
6. Enquiries and bookings
When submitting an enquiry or booking a call, you must provide reasonably accurate information and be authorised to share any information you provide.
Please do not submit passwords, payment card details or sensitive personal information through general enquiry or booking forms. If you need to share confidential business material, contact us first to agree an appropriate method.
You retain ownership of information and materials you submit. You authorise us to use them to respond to your enquiry, arrange your appointment and consider the services you have requested, subject to applicable privacy and confidentiality obligations.
We may contact you about your enquiry or booking using the details you provide. Submitting an enquiry or booking a call does not, by itself, constitute consent to unrelated marketing communications.
Appointment availability may change. If we need to cancel or reschedule a confirmed appointment, we will take reasonable steps to notify you using your supplied contact details.
7. Third-party websites and tools
The Website may contain links to third-party websites or use third-party tools, including appointment booking services.
Those third parties may have their own terms and privacy policies. A link or integration does not, by itself, mean that we endorse all of the third party’s content, products or services.
We do not control third-party websites or independently operated services. Subject to section 9, we are not responsible for their independent acts or omissions. This does not exclude responsibility for our own conduct or obligations under applicable law.
8. Privacy
Our Privacy Policy explains how we handle personal information collected through the Website and when you contact us.
These Terms of Use do not constitute blanket consent to the collection, use or disclosure of personal information. Where separate consent is required by law, we will seek it separately.
9. Your rights and our liability
Nothing in these terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law or other applicable mandatory laws.
Subject to those rights, the Website is made available without a promise of uninterrupted or error-free operation. We take reasonable steps to maintain the Website, but cannot guarantee that it will always be available or free from security threats.
To the extent permitted by law, we are not liable for loss arising from your use of the Website that was not reasonably foreseeable, or for loss caused by your misuse of the Website.
These terms do not exclude liability for our fraud, wilful misconduct or negligence, or affect any liability arising under a separate agreement for our services.
You should take reasonable precautions when using the internet, including maintaining appropriate device security and independently checking information before relying on it for significant decisions.
10. Website changes and access restrictions
We may update, replace or remove Website content and functionality as our business and services develop.
We may temporarily interrupt access for maintenance, security or operational reasons. We may also restrict access where we reasonably believe it is necessary to address unlawful activity, a material breach of these terms or a risk to the Website or its users.
Where reasonably practicable, we will provide notice of significant interruptions or restrictions. Any restriction will be proportionate to the circumstances.
Changes to the Website do not vary our obligations under a separately signed client agreement.
11. Changes to these terms
We may update these terms to reflect changes to the Website, our operations or applicable law.
Updated terms will be published on this page with a revised “Last updated” date. Material changes will be highlighted through a reasonably prominent Website notice before taking effect.
Changes apply prospectively and do not alter rights or liabilities that arose before they took effect. If you do not agree to the updated terms, you should stop using the Website.
12. Governing law and disputes
These terms are governed by the laws of Victoria, Australia.
Subject to any mandatory rights you may have to bring a claim elsewhere, you and we submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.
If you access the Website from outside Australia, nothing in these terms deprives you of protections under local laws that cannot lawfully be excluded.
If you have a concern about the Website or these terms, please contact us using the details below so we can seek to resolve it. This does not prevent either party from seeking urgent relief or exercising any available legal right.
13. General
If a provision of these terms is found to be invalid or unenforceable, it will be severed to the extent necessary, and the remaining provisions will continue to apply.
A failure or delay to enforce a provision does not, by itself, waive the right to enforce it later.
14. Contact us
For questions about these Terms of Use or notices relating to the Website, contact:
00052 PTY LTD trading as The Operating Partner
ACN: 691 559 154
Email: dan@theoperatingpartner.com
Address for legal notices: Ground Floor, 470 St Kilda Road, Melbourne VIC 3004