Terms and conditions for the licence of products and services from KLR Communications and SoCom Consulting

• Products will be available for download immediately following processing of your payment.
• All prices in the store are ex GST.
• Once your payment has been processed and you have received the product, the product is neither refundable nor transferable to others.
• Products will be available for download for one (1) month after purchase and for a maximum of three (3) downloads.
• By purchasing products from us, you agree to comply with these licence terms and conditions, which apply to all policies, procedures, templates, forms, checklists, assessment answers and other works supplied by KLR Consulting Pty Ltd, t/as KLR Communications, on or after the version date. These terms also apply to the purchase of products from our partner SoCom Consulting Pty Ltd, provided on our Store.

Scope of use

• Your purchase provides you with a full licence to copy, edit, and modify the documents for the purpose of your business only. You shall not share these documents with any other business or individual and shall not do anything with the documents outside this scope of use.
• A licence has been granted to you only and you shall not and may not assign or transfer to any third party the benefit of the licence or any rights under, or in relation to it, or purport to do so.
• A licence has been granted to you only and you shall not be permitted to sub-licence any of your rights under the licence.
• If you are an NDIS or Aged Care consultant, we do not permit the purchase, use or sharing of our NDIS or Aged Care policies, procedures, or packages for your clients (NDIS or Aged Care providers). You shall not use the content of our products (fully or partially) to make your own content.
• You acknowledge and agree that all intellectual property rights in and to the products are, shall be and remain the sole and absolute property of KLR Consulting Pty Ltd, t/as KLR Communications.
• The licence permits the sharing of your own, amended organisational version to approved quality auditors, or relevant overseeing bodies (e.g. NDIS Commission) only. Outside of this, you must maintain strict confidentiality of all products purchased.
• You shall pay all legal fees (on an indemnity basis), court fees, and other fees, costs and expenses incurred by us in:
  • enforcing the licence or our intellectual property rights against you or any associate of yours (including in pursuing any claim for infringement of our intellectual property rights by you or any associate);
  • enforcing any settlements or judgements obtained by us against you or your associates in relation to the licence or our intellectual property rights; and
  • successfully defending any claims brought by you against us.

Limitation of liability

KLR Consulting Pty Ltd, t/as KLR Communications assumes no liability for your use of our products.

• In purchasing our products, you agree that we shall have no duty of care to you or any of your associates or clients/participants with respect to the NDIS and Aged Care products we provide.
• As a provider of services, you accept your own duty of care and that the products you purchase shall be used at the sole risk of you and your associates.
• The purchase of our products does not amount to any advice or representation from us that you or your associates may rely on.
• You shall ensure that your affiliates do not make any claim against us in this regard.
• By purchasing our products, you agree that you have undertaken sufficient due diligence into the contents of these products, the tailoring required to ensure suitability for your business and clients, and that you have not been induced to enter into the licence by any representation from us.
• You agree that we shall have no liability to you or any of your associates for any of the following losses you or your associates may suffer, whether direct or indirect, and whether foreseeable or not: loss of profit, revenue, opportunity, custom, business, contract, expectation, or reputation; any fines; any cost or expense incurred in reliance on the licence or the products; any cost of purchasing substitutes for the products; and any liability to any third parties.
• You agree that we shall have no liability to you or your associates for any special, indirect, or consequential loss you or your affiliates may suffer. You agree that our liability to you and your associates shall, in any event, be limited to the price payable for the published price at the time the licence commenced. The caps in liability in the previous sentence shall apply both to any single event or circumstance giving rise to our liability, and to all events or circumstances giving rise to our liability in the aggregate.
• References to our liability to you or your associates includes: liability for breach of the licence; liability under the terms of the licence; liability for breach of a duty of care or other negligence arising in connection with the documents/products, including negligent misstatement; liability for misrepresentation (other than fraudulent); liability for breach of any statutory duty or liability under a statute; and any liability of any nature (including any of the foregoing) arising out of, in connection with the products or the licence.

Our quality guarantee

Our quality guarantee only applies where:

• You did not significantly alter or amend the provided documents, resulting in the altered/amended sections affecting the audit outcome.
• The scope of audit matches the right package. For example, it will not apply if you buy the Verification package for a Certification audit.
• The audit nonconformity is specifically relevant to the policies and procedures and is outlined in a formal report which is provided within 30 days of purchase. It does not apply where there are other issues such as resources, required qualifications, licensing, records and documents, implementation and operation.

Refunds policy

Refunds are not available on the purchase of DIY document packages where the purchaser receives an automatic download link and access to the full suite of policies, procedures, templates, forms etc as per the advertised product.

Should a buyer purchase a full-service pack and within 7 days of receiving/reviewing the questionnaire:

• change their mind about proceeding with their application; or
• identify they have purchased the incorrect pack for the services they wish to provide (e.g. purchased Verification where Certification is required); and
• substantial work has not commenced;

they will be eligible for a full refund, minus 10% to cover fees, charges and initial services/advice rendered.

Refunds are not available where work has commenced and the purchaser will be provided with all documentation completed up to the date works were terminated.

Document tailoring

• Is limited to 2 (two) iterations.
• Does not include changes in formatting or fonts (colours, styles etc).
• Is limited to completing highlighted information – we do not make wholesale changes to policies or Service Agreements to accommodate individual requests. This is necessary to maintain the integrity of the documents, which we know are compliant in their current form.
• Does not include creation of Business Plans, Organisational Disaster and Emergency Plans, or Individual Participant Disaster and Emergency Plans. Assistance with these Plans can be purchased separately.