Terms
Website Terms of Use
The conditions on which this website may be used. Engaging Somerset is governed separately — see the Terms of Engagement.
Nothing on this website is advice about your business, your finances, your tax or your legal position. It is general material written for owners in a particular situation, and it knows nothing about yours. The Website Disclaimer sets that out in full and forms part of these terms.
1 · About Somerset Business Advisory
1.1 Somerset Business Advisory (“Somerset”) provides business coaching, facilitation and training to owner-managed businesses in Australia, and operates this website.
1.2 Somerset Business Advisory is a registered business name. The entity currently trading under it is Jay Singh Ahluwalia, ABN 55 040 183 469, of T2A Nirimba Education Precinct, Warawara Cct, Quakers Hill NSW 2763. If that entity changes, this clause is updated.
1.3 Somerset personnel means the people who carry out Somerset’s work: its principal, and any employees, contractors, associate coaches, trainers and operational staff engaged by Somerset from time to time.
1.4 You means the person using this site, and where you act for a business, that business as well.
2 · Acceptance
2.1 By using this site you accept these terms. If you do not accept them, stop using the site.
2.2 These terms apply to everyone who visits, reads, or completes a form here. Using the site does not create a client relationship, and no amount of reading turns you into a client.
2.3 These terms incorporate the Website Disclaimer and the Privacy Policy. Read together they govern your use of this site.
3 · The Five Foundations Check
3.1 The Check is a self-assessment. It scores the answers you give it and nothing else. It has not seen your accounts, met your team or set foot in your business.
3.2 Its output is an indication of where to look first. It is not a diagnosis, not a valuation, not an audit, and not a recommendation to do or not do anything in particular.
3.3 A first name and an email address are required to reach the results screen. What happens to them is set out in the Privacy Policy.
4 · Intellectual property
4.1 The content of this site — the writing, the Five Foundations framework as expressed here, the Check and its questions and scoring, the layout, the wordmark and the graphic assets — is owned by Somerset or used under licence, and is protected by the Copyright Act 1968 (Cth) and Australian trade mark law.
4.2 You may read it, print it and share a link to it. You may quote a short extract with attribution to Somerset Business Advisory and a link back.
4.3 You may not reproduce the site or a substantial part of it, republish it, sell it, adapt it into a competing tool or programme, or use it to train a machine learning model, without Somerset’s written permission.
4.4 Some concepts drawn on here are established practice and are not claimed as original. Where a third-party instrument or model is used, it is used under the terms of the relevant licence and remains the property of its owner.
5 · Acceptable use
You must not scrape or harvest the site by automated means, submit false information through a form, attempt to gain unauthorised access to any part of it, interfere with its operation, or use it to send anything unlawful. Submitting another person’s details without their authority is not permitted.
6 · Links to other sites
Links to third-party websites are provided for convenience. Somerset does not control them, does not endorse them by linking, and is not responsible for their content, their products or their handling of your information.
7 · Availability
The site is provided as it is and as it is available. Somerset does not promise it will be uninterrupted, error-free or free of anything harmful, and may change, suspend or withdraw any part of it at any time without notice.
8 · Privacy
How your information is handled is set out in the Privacy Policy, which forms part of these terms.
9 · Liability
9.1 — your rights under the Australian Consumer Law are not affected. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where a right cannot be excluded but liability for breaching it can be limited, Somerset’s liability is limited to supplying the services again, or paying the cost of having them supplied again, at Somerset’s option.
9.2 Subject to 9.1, Somerset is not liable for any loss of profit, loss of revenue, loss of opportunity, loss of data, or any indirect or consequential loss arising from your use of this website or from anything you do or do not do on the strength of it.
9.3 Subject to 9.1, Somerset’s total liability arising out of these Website Terms of Use is limited to $100.
9.4 Liability arising out of a paid engagement is dealt with in the Standard Terms of Engagement, not here.
10 · Indemnity
You indemnify Somerset against any loss, cost or claim arising directly from your breach of clause 5 (acceptable use) or your submission of another person’s information without their authority. This is limited to those two things and does not extend to anything caused by an act or omission of Somerset or Somerset personnel.
11 · Changes to these terms
Somerset may update these terms. The version in force is the one published on this page, dated at the top. Changes apply to your use of the site from the date they are published; they do not change the terms of an engagement already agreed, which can only be varied in writing.
12 · Governing law
These terms are governed by the laws of New South Wales, Australia. You and Somerset submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them.
13 · General
13.1 If any provision is found to be unenforceable, it is severed and the rest continues to apply.
13.2 A failure to enforce a provision is not a waiver of it.
13.3 Headings are for convenience and do not affect interpretation.
14 · Contact
Somerset Business Advisory
T2A Nirimba Education Precinct, Warawara Cct, Quakers Hill NSW 2763
jay@somersetbusinessadvisory.com.au
Related: Privacy Policy · Terms of Engagement · Website Disclaimer.