SMARTER BUSINESS BUYER

Terms and Conditions of Use — Smarter Business Buyer

This website, smarterbusinessbuyer.com (Site), is available at smarterbusinessbuyer.com and may be available through other addresses or channels. The Site is owned and operated by Optimisation Group Pty Ltd (ABN 51 645 926 049) trading as Smarter Business Buyer ("we", "our" or "us"). The Site provides an online portal or platform allowing users to browse and/or read, purchase and/or participate in our free and/or paid courses and/or programs.

Consent: By accessing and/or using our Site, you agree to these Terms and Conditions of Use and our Privacy Policy (available on our Site). Please read these Terms and Conditions of Use carefully and immediately cease using our Site, including any free and/or paid courses or programs, if you do not agree to them. By using, browsing, signing up, downloading information, or making payment through the Site, you signify that you have read, understood, and agree to be bound by the Terms and Conditions of Use and Privacy Policy. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions of Use. If you do not agree with any of these Terms and Conditions of Use, you are prohibited from using or accessing this Site. The materials contained in this website are protected by applicable copyright and trademark law.

Education only — not advice: Smarter Business Buyer is an educational programme. All Content, tools, reports, and any one-to-one session with us are business-buying education — they work through the system on your own situation so you can make your best buying decision. The Content is for general education and information purposes only and does not constitute independent financial, investment, legal, tax or credit advice, and is not a recommendation about any specific business or any borrowing. It does not take into account your specific situation, needs, objectives or circumstances. We do not provide technical, legal, accounting, or financial planning advice. Any decision about a purchase, how it is structured, or how it is funded should be made with your own lawyer, accountant and licensed financial planner. You read, use and act on our Site and the Content at your own risk.

Variations: We may, at any time and at our discretion, vary these Terms and Conditions of Use by publishing the varied Terms and Conditions of Use on our Site. We recommend you check our Site regularly to ensure you are aware of our current Terms and Conditions of Use. Materials and information, including free and paid courses and download documents on this Site (Content), are subject to change without notice. We do not undertake to keep our Site up-to-date, and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms and Conditions of Use. All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising-revenue-generation activity on your own website or any other platform, without obtaining a licence and prior written consent from us to do so.

Intellectual Property Rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the services and compilation of the website (including but not limited to content, text, graphics, logos, button icons, course names, download documents including Microsoft Excel and Word files, video images and videos, audio clips, website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Optimisation Group Pty Ltd trading as Smarter Business Buyer.

Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site. You agree that you are solely responsible for all User Content that you make available on or through our Site, and you represent and warrant that (a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant us the rights in such User Content; and (b) neither the User Content nor its posting nor our use of it will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time at our sole discretion, remove any User Content. Your licence to use ends when your User Content is removed from our Site.

Registration: To access certain features of the Site, we may ask you to provide certain information including your name, preferred username, email, physical address, postcode and country, current situation, approximate age, business purchase experience, and timeframe to purchase a business. You acknowledge and agree any information you provide to us is accurate. Our use of any personally identifiable information you provide as part of the registration process is governed by our Privacy Policy.

Passwords: To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the strict confidentiality of the password and account, and you are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Paid programs — single usage rights: If you join any of our paid courses or programs, including but not limited to Smarter Business Buyer, the fee you pay is to educate one person. You are not permitted to share your login with anybody else. You are permitted to access the content from up to three devices, of which no more than two can be tablet or desktop devices. We may use IP tracking software, pixels or cookies that track every individual login to our paid content and the email address associated with the account that paid for the course. This software tracks the date, time, location, device type, email address of the paid account, the kind of device used, the browser used, and all content viewed. If a breach of contract occurs as a result of more than three devices, or more than two desktop or tablet devices, accessing your account, your account may be immediately suspended or blocked permanently depending on the outcome of an investigation. In essence, buying access to any of our paid content is for one person only.

Limitations on linking and framing: You may establish a hypertext link to the Site as long as the link does not state or imply any sponsorship of your site by us or by the Site. You may not, however, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or service any of our material, content or intellectual property.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse, or approve, and are not responsible for, the security or content on those websites. You should make your own investigations with respect to the suitability and security of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion, and cancel and terminate any persona and/or account at our discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, or third-party sites, including (without limitation) that: (a) they are complete, accurate, reliable, up-to-date, and suitable for any particular purpose; (b) access will be uninterrupted, error-free or free from viruses; or (c) our Site will be secure. Before joining any of our paid or free courses or programs, or embarking on any new business endeavour, please use extreme caution and seek independent advice from your own personal professional advisors, such as your accountant, lawyer/attorney and financial planner.

We make no representations, warranties, or guarantees regarding the quality of any business you may decide to purchase or its suitability to your needs, any potential revenue, sales, earnings, costs, improvement opportunities, any business sale results, financial gains or losses or improvements you may experience, or any other business results (Business Goals) you or others will achieve as a result of using our courses or programs. You are ultimately responsible for your results and any business goals, which will depend on your knowledge, interpretation of information, ability, business acumen, financial situation, the quality of professional advice sought by yourself, and the amount of time and effort you invest (among other factors).

The results experienced by our students/members vary significantly. You may buy, sell or improve an established business or your business, or take no such action. We do not know what success criteria or other results are typical for our students/members. Where we present testimonials or other statements concerning results achieved by our students/members, those statements are not expressed or implied claims that you or others will achieve similar results, and past results are not necessarily indicative of future results. Where results are mentioned, those statements are likely based on information provided to us by those students/members, and we may not have documentation or verification of those results. Where we present hypothetical examples, we do so to help explain the principles and techniques we teach; you should not assume those figures reflect the results achieved by any actual student/member, and you should not expect to achieve the same or similar results.

You acknowledge and agree we make no representations, warranties, or guarantees whatsoever regarding our services and online course(s); we provide no guarantee as to the quality of the online course(s) being purchased, and no guarantee is made as to your success by your reliance on the information provided. You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect, and whether present, unascertained, future or contingent (Liability), suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. The Site is designed for education purposes only. If you are dissatisfied with the Site, any content, materials, products, or services on the Site, or with any of the Site's Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the Site and the products, services and/or materials. This Site is continually under development and we make no warranty of any kind, implied or expressed, as to its accuracy, completeness, or appropriateness for any purpose.

Indemnity: To the maximum extent permitted by law, you must vigorously defend, indemnify and keep us indemnified — the company, its respective subsidiary and associated companies, its affiliates, their successors, transferees, assignees and licensees, agents, associates, officers, directors, shareholders and employees of each — and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use (free and/or paid courses or programs, marketing programs, or any materials and information derived from the Site or email campaigns associated with the Site) of our Site or any breach of these Terms and Conditions of Use or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms and Conditions of Use, and continues after these Terms and Conditions of Use end.

Fees & Payments: You agree to pay in full the access fees in accordance with the payment schedule contractually agreed upon at the time of becoming a member of any of our courses or programs. Unless otherwise stated, all fees and payments are expressed in Australian Dollars (AUD), and all payments must be made in Australian Dollars. If you pay from outside Australia, the amount you pay in your local currency may differ, and currency conversion costs may be incurred; you acknowledge it is your responsibility to be aware of and incur these costs.

You acknowledge that if you are ever in arrears or default, or fail to meet your payment schedule, we may immediately pause, suspend, or terminate your access to all elements of your purchase without prior notice. This may include access to our courses, communities, and all other tools, resources, materials and information. You further acknowledge that any part-payments made by you will be forfeited where you are in default. Where any outstanding fees are in arrears, you agree to pay the remaining balance including any additional and reasonable third-party debt collection costs we incur. We reserve the right, in our absolute discretion, to determine if you are in default of any of your fees or contractual obligations. We also reserve the right to place any member/user account on hold at any time, with or without notification, to protect ourselves and our partners from what we believe to be fraudulent or detrimental activity.

Termination: These Terms and Conditions of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you, and the limitations of liability set out in these Terms and Conditions of Use, will survive. On any termination of your licence to use our Site, you must destroy and delete any downloaded materials in your possession, whether in electronic or printed format.

Dispute Resolution: If a dispute arises out of or relates to these Terms and Conditions of Use, neither party may commence any tribunal or court proceedings in relation to the dispute unless the following have been complied with (except where urgent interlocutory relief is sought). A party claiming a dispute has arisen must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle it. On receipt of that notice, the parties must, within 30 days, endeavour in good faith to resolve the dispute by negotiation or other mutually agreed means. If, 30 days after the notice, the dispute has not been resolved, the parties must agree on a mediator or request that one be appointed by the State Administrative Tribunal (SAT) in Western Australia. The parties are equally liable for the mediator's fees and reasonable expenses and the cost of the venue, and each must pay their own costs associated with the mediation. The mediation will be held in Perth, Western Australia.

Severance: If a provision of these Terms and Conditions of Use is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read it down (in whole or in part), that provision (or part) is severed without affecting the validity or enforceability of the remainder.

Jurisdiction: Your use of our Site and these Terms and Conditions of Use are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts, and waive any right to object to proceedings being brought in those courts. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Our failure to enforce any right or provision will not be considered a waiver of those rights. These Terms and Conditions of Use constitute the entire agreement between us and supersede and replace any prior agreements.

Acceptance: You accept these Terms and Conditions of Use electronically when you tick the acceptance box at signup or purchase, indicating that you have read, understood and agree to be bound by these Terms and Conditions of Use, the Privacy Policy, and the education/not-advice statement. We record the date and time of your acceptance and the version of these Terms you accepted.

For any questions and notices, please contact us at:
Optimisation Group Pty Ltd trading as Smarter Business Buyer, ABN 51 645 926 049
PO Box 2141, Como WA 6152, Australia
Email: educate@optimisationgroup.com.au

Last updated: 29 June 2026