Terms & Conditions
These Terms & Conditions (“Terms“) govern your access to and use of the website operated by Rialto Consulting (“Rialto Consulting“, “we“, “us“, “our“) and your purchase and receipt of any services offered through it (the “Services“). By creating an account, placing an order, or ticking the acceptance box at checkout, you (“Client“, “you“) agree to be bound by these Terms and by our Disclaimer, which is incorporated into these Terms by reference. If you do not agree, do not purchase or use the Services.
1. Nature of the Services
Rialto Consulting provides business research, analysis, strategic planning and advisory services, including written strategy plans, presentations, consultations, and ongoing advisory subscriptions. All Services, deliverables, reports, presentations, recommendations, insights and communications (collectively, “Deliverables“) are advisory and informational in nature only. They represent professional opinions and analysis based on the information you provide and on reasonably available market information at the time of preparation.
2. No Guarantee of Outcomes
You acknowledge and agree that:
(a) business outcomes depend on numerous factors outside our knowledge and control, including market conditions, competition, execution, timing, capital, regulation and chance;
(b) we make no representation, warranty, promise or guarantee of any kind that the Services or Deliverables will produce any particular commercial result, including any increase in revenue, profit, customers, valuation or any other measure of performance, or that they will prevent any loss, decline or failure;
(c) any projections, forecasts, targets or illustrative figures contained in any Deliverable are estimates only, are inherently uncertain, and must not be relied upon as predictions or assurances of future performance; and
(d) your engagement of Rialto Consulting does not transfer to us any responsibility or liability whatsoever for the success or failure of your business. At all times you remain solely and exclusively responsible for your business, its management, its decisions and its results.
3. Client Decisions and Responsibility
You retain sole authority over, and sole responsibility for, all decisions concerning your business, including whether and how to implement any recommendation contained in any Deliverable. We act solely in an advisory capacity. Nothing in these Terms or in any engagement creates a partnership, joint venture, agency, employment, officership, directorship or fiduciary relationship between you and Rialto Consulting.
4. Not Professional Advice
The Services and Deliverables do not constitute, and must not be relied upon as, legal, tax, accounting, audit, investment, financial product, insurance, or other regulated professional advice. You should obtain advice from appropriately licensed professionals before acting on any matter requiring such advice. To the extent any Deliverable touches on such matters, it is provided for general informational purposes only.
5. “Board Advisory” Service Name
“Board Advisory” is a service name describing a recurring advisory subscription. It does not constitute, and shall not be construed as, appointment of Rialto Consulting or any of its personnel as a director, officer, member, manager, trustee or employee of your business, nor as conferring any governance authority, voting right, or fiduciary duty. Our role under Board Advisory is limited to the provision of non-binding advice and recommendations.
6. Accounts, Orders and Payment
You must provide accurate, current and complete information when creating an account and placing orders, and keep your credentials secure. You are responsible for activity under your account. Prices are stated at checkout and may change prospectively at any time. Payment is processed by third-party payment providers; we do not store full card details. For one-time Services, payment is due in full at the time of order. For subscription Services, fees are billed in advance on a recurring monthly basis until cancelled.
7. Subscriptions, Minimum Terms and Cancellation
7.1 Board Advisory: Monthly. The monthly plan has a minimum term of three (3) months from the date of your first payment. You commit to three monthly payments. After the minimum term, the subscription continues month to month until cancelled, and you may cancel at any time with effect from the end of the then-current billing period.
7.2 Board Advisory: Annual. The annual plan is a fixed twelve (12) month term paid in advance. Because the full term is paid upfront at a discounted rate, it is not cancellable for convenience during the term and fees are not refundable on a pro-rata basis, except as set out in clause 7.4 or as required by law.
7.3 How to cancel. Cancel via your account dashboard or by written notice to us at any time; where a minimum or fixed term applies, cancellation takes effect at the end of that term. No further charges are made after cancellation takes effect.
7.4 Your statutory rights are unaffected. Nothing in this clause limits any non-excludable rights you have under applicable consumer law, including the Australian Consumer Law. If we fail to supply the Services with due care and skill, or the Services are otherwise not as described, you may be entitled to a remedy, including a refund, regardless of any minimum or fixed term. We may also release you from a minimum or fixed term at our discretion in cases of genuine hardship or material change in your circumstances; ask us.
7.5 Other services. One-off engagements (Growth Plan, Deep-Dive Strategy Session, Bespoke Growth Blueprint and add-ons) are not subscriptions and are governed by clause 9.
8. Briefs, Cooperation and Delivery
Certain Services require you to complete a strategy brief or otherwise provide information. The quality and accuracy of Deliverables depends materially on the completeness and accuracy of the information you provide; we are entitled to rely on it without independent verification and accept no liability arising from inaccurate, incomplete or misleading client information. Stated delivery windows are good-faith estimates, not guaranteed deadlines, and run from receipt of a completed brief or required information.
9. Refunds
If you are dissatisfied with a Deliverable, contact us within 14 days of delivery and we will work with you in good faith, which may include one revision of the Deliverable. Refunds are otherwise at our reasonable discretion except where required by applicable consumer law. Nothing in these Terms limits any non-waivable rights you may have under applicable consumer protection legislation.
10. Intellectual Property
Upon full payment, you are granted a perpetual, non-exclusive, non-transferable licence to use the Deliverables for your internal business purposes. We retain all right, title and interest in our methodologies, frameworks, templates, know-how and pre-existing materials. You may not resell, republish or distribute Deliverables to third parties (other than your professional advisers) without our written consent.
11. Confidentiality
Each party will keep the other’s non-public information confidential and use it only for purposes of the engagement, except where disclosure is required by law. We may use anonymised, aggregated learnings that do not identify you or your business to improve our services.
12. Disclaimer of Warranties
To the fullest extent permitted by law, the website, Services and Deliverables are provided “as is” and “as available“, and we disclaim all warranties, conditions and representations of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the website will be uninterrupted, error-free or secure.
13. Limitation of Liability
To the fullest extent permitted by law:
(a) we shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profits, revenue, anticipated savings, business, goodwill, opportunity or data, however caused and under any theory of liability (whether contract, tort, negligence, statute or otherwise), even if advised of the possibility of such damages;
(b) without limiting the foregoing, we shall have no liability for any decision made or action taken or not taken by you or any third party in reliance on the Services or any Deliverable, nor for the performance, success or failure of your business;
(c) our total aggregate liability arising out of or in connection with these Terms and the Services shall not exceed the total fees actually paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim; and
(d) nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or for death or personal injury caused by negligence.
14. Indemnity
You will indemnify and hold harmless Rialto Consulting from and against third-party claims, losses and reasonable costs arising out of your business operations, your use or implementation of any Deliverable, or your breach of these Terms, except to the extent caused by our fraud or wilful misconduct.
15. Termination
We may suspend or terminate access to the Services for material breach of these Terms, abusive conduct, or suspected unlawful activity. Sections 2, 3, 4, 5, 10, 11, 12, 13, 14 and 17 survive termination.
16. Changes to these Terms
We may update these Terms from time to time. The version in force at the time of your order applies to that order. Continued use of the website or subscription Services after changes take effect constitutes acceptance of the updated Terms for future orders and billing periods.
17. Governing Law and Disputes
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-laws principles. The courts of New South Wales, Australia shall have exclusive jurisdiction over disputes arising out of or in connection with these Terms, subject to any non-waivable consumer rights to bring proceedings elsewhere.
18. Contact
Questions about these Terms: Steve@rialto.consulting.