ONLINE BUSINESS MANAGEMENT : TERMS OF PURCHASE
Emma Johnson & Co Pty Ltd
By clicking “Buy Now,” “Purchase,” “Pay Invoice,” or any similar phrase on the purchase button, entering your payment information, or otherwise agreeing electronically, verbally, or in writing, you (“Client”) agree to be provided with services by Emma Johnson (“OBM”), acting on behalf of Emma Johnson & Co Pty Ltd (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
1. SERVICES
Upon execution of this Agreement, electronically or otherwise, the OBM agrees to provide Online Business Management, Strategy, Systems, or Operational Support Services (“Services”) as outlined on www.emmajohnsonandco.com
and/or in any associated proposal, package description, or statement of work issued by the Company.
The scope of Services shall be limited to those expressly stated in the proposal or sales page accepted by the Client. Any additional requests beyond the agreed scope will require a separate agreement or written approval and may incur additional fees.
The OBM reserves the right to adjust or substitute elements of the Services if reasonably required by the prevailing circumstances to achieve the intended outcome.
Client agrees to be responsive, collaborative, and timely in providing access, approvals, and materials required to complete the Services.
2. ACCESS AND MATERIALS
Depending on the Services purchased, materials may be delivered through shared workspaces such as ClickUp, Google Drive, Ivorey, or other online tools.
The Client shall not damage, duplicate, or engage in any illegal or fraudulent activity within these shared systems.
The Company provides Client with a single-user license authorising access to any templates, frameworks, or resources for their individual business use only.
Client shall not share, sell, or distribute these materials for commercial use without prior written consent from the Company.
3. PAYMENT AND REFUND POLICY
Upon execution of this Agreement, the Client agrees to pay the Company the full amount specified in the proposal, invoice, or checkout page.
All payments are non-refundable, except where the Company is unable to deliver the agreed Services due to its own fault or failure. This does not affect your rights under Australian Consumer Law.
If the Client selects a payment plan, they agree to make payments according to the agreed schedule. Failure to make timely payments may result in suspension of all work and access to materials until payments are brought up to date.
The Client authorises the Company to charge the nominated card or account for all agreed payments and shall not initiate chargebacks or cancellations without prior written notice.
Any fees incurred through failed payments, recovery processes, or chargebacks will be payable by the Client.
4. COMMUNICATION AND DELIVERY
The Company communicates primarily via email, ClickUp comments, Slack, or other agreed platforms.
Response times will be aligned with standard working hours and timelines outlined in the proposal or onboarding documentation.
The Company will use reasonable efforts to meet all agreed deadlines, provided that the Client supplies required materials, feedback, and approvals within the specified timeframe.
Delays caused by Client inaction or late feedback may extend delivery timeframes without penalty to the Company.
5. INTELLECTUAL PROPERTY RIGHTS
In respect of all materials, templates, systems, or documentation created or shared by the Company as part of the Services, all intellectual property rights remain the sole property of Emma Johnson & Co Pty Ltd unless otherwise agreed in writing.
Client is granted a non-transferable, non-exclusive license to use materials created specifically for their business. The Client may not resell, reproduce, or distribute such materials without written permission.
6. CONFIDENTIALITY
Both parties agree to maintain the confidentiality of all proprietary or sensitive information disclosed during the working relationship.
The Company agrees not to share Client data, business information, or trade secrets with third parties without consent, except as required by law.
7. DISCLAIMER
The OBM provides operational and strategic support based on professional experience but makes no guarantees regarding financial performance, sales outcomes, or business growth.
Client acknowledges that success depends on multiple factors outside the Company’s control, including but not limited to market conditions, implementation by the Client, and external business circumstances.
The Company may recommend third-party tools, systems, or service providers but shall not be held responsible for their performance or any adverse consequences arising from their use.
8. LIMITATION OF LIABILITY
To the fullest extent permitted by law, the Company and OBM shall not be held liable for any indirect, incidental, special, or consequential damages arising out of the use or misuse of the Services.
Client agrees that the total liability of the Company, whether in contract or tort, shall not exceed the total amount paid by the Client for the Services under this Agreement.
9. NON-DISPARAGEMENT
Client agrees to refrain from making any statements, public or private, that may damage the Company’s reputation, goodwill, or business interests during and after the working relationship.
10. DISPUTE RESOLUTION
In the event of a dispute that cannot be resolved amicably, both parties agree to first attempt resolution through good-faith negotiation.
If unresolved, the dispute will be submitted to Alternative Dispute Resolution (ADR) in Queensland, Australia.
Any arbitration will take place in Brisbane or via virtual means, and the written decision will be final and binding.
11. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to conflict of laws principles.
12. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Client and the Company and supersedes all prior agreements, written or verbal.
No amendment or modification shall be valid unless made in writing and agreed by both parties.
Last Updated: October 2025
