Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the packedout.com.au website (the "Site"), and the purchase and use of any products or services we offer, including The Packed Out Playbook (the "Playbook") and Packed Out, Managed (the "Managed Service"). By using the Site, purchasing a product, or engaging our services, you agree to these Terms. If you do not agree, please do not use the Site or our services.

1. Who we are

In these Terms, "Packed Out", "we", "us" and "our" refer to the business trading as Packed Out, based in Australia. "You" and "your" refer to the person or business accessing the Site or purchasing our products or services. Contact us at hello@packedout.com.au.

2. Information and advice disclaimer

All content on the Site — including guides, articles, blog posts, tools, calculators, checklists, benchmarks, figures and any material within the Playbook — is general information and marketing guidance only. It is not legal, financial, tax, accounting or other professional advice, and it does not take into account your specific circumstances, venue or objectives.

Any figures, ranges, benchmarks, commissions, rates, costs or results mentioned anywhere on the Site or in our products are illustrative examples only. They are not guarantees, quotes or representations of what you will achieve or pay. Platform rates, delivery-app commissions, advertising costs, laws and regulations change frequently. You must independently verify current figures, rules, merchant terms and legal requirements, and obtain your own professional advice, before acting on anything you read or receive from us.

To the maximum extent permitted by law, we accept no liability for any loss, cost, damage or expense arising from your reliance on, or use of, any information, advice, tool, figure or material provided by us. You act on it at your own risk. Nothing in this clause limits any rights you have that cannot be excluded under the Australian Consumer Law (see clause 10).

3. No guarantee of results

Marketing results depend on many factors outside our control, including your venue, food, service, location, market, pricing, execution, effort, and third-party platforms. We do not and cannot guarantee any particular outcome, ranking, level of enquiries, bookings, covers, revenue or return on investment. Any examples of results, whether ours or others', are not a promise of your results.

4. The Playbook (digital product)

The Playbook is a digital course and template library. When you purchase it, we grant you a personal, non-exclusive, non-transferable licence to access and use the materials for your own venue(s). Unless stated otherwise, a purchase covers your own business use only.

• You may not resell, redistribute, share logins for, publish, or on-sell the Playbook or its templates as your own product.
• Access is provided on the terms described at the point of sale (for example, lifetime access to the version and updates we make available).
• We may update, improve or change the materials over time.

5. Managed Service

The Managed Service is a done-for-you marketing service. The specific scope, deliverables, channels and monthly fee are set out in the proposal, statement of work or agreement we provide to you before commencement, which forms part of these Terms for that engagement.

• Term: Unless agreed otherwise in writing, the Managed Service runs month to month with no fixed lock-in. Either party may end it with the notice period stated in your proposal (or, if none is stated, 30 days' notice).
• Your responsibilities: Timely access to accounts (for example, Google Business Profile, ad accounts, social profiles, website), timely approvals, accurate information, and any third-party costs such as advertising spend, which are billed separately or paid by you directly to the platform unless agreed otherwise.
• Third-party platforms: We are not responsible for the acts, policies, outages, account suspensions, fee changes or decisions of third-party platforms (for example, Google, Meta, delivery apps, booking or email providers).

6. Pricing, payment and GST

Prices are shown in Australian dollars. Where we are required to charge GST, prices are inclusive of GST unless stated otherwise. Playbook purchases are payable in full at the time of purchase. Managed Service fees are payable in advance each month (or as set out in your proposal). We may update our prices from time to time; changes do not affect a purchase already completed, and for the Managed Service we will give you reasonable notice of any fee change.

Where offered, a Playbook purchase price may be credited toward your first month of the Managed Service if you upgrade, on the terms stated at the time of the offer. Such credits are not redeemable for cash.

7. Refunds and consumer guarantees

Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits those rights.

Because the Playbook is a digital product delivered immediately, we are generally not required to provide a refund for a change of mind once you have accessed it. Any voluntary satisfaction guarantee we offer (for example, a "do the work" guarantee) applies only on the specific terms stated at the point of sale. This does not affect your rights under the Australian Consumer Law where a product or service is faulty, not as described, or otherwise fails a consumer guarantee.

8. Intellectual property

All content on the Site and within our products — including text, guides, templates, designs, graphics, logos and the "Packed Out" name and branding — is owned by us or our licensors and is protected by law. You may not copy, reproduce, republish, distribute or create derivative works from our content except as expressly permitted by these Terms or with our written permission. Nothing on the Site transfers any ownership of our intellectual property to you.

9. Acceptable use

You agree not to use the Site or our products or services to break any law, infringe anyone's rights, transmit harmful code, attempt to gain unauthorised access to our systems, or misrepresent your relationship with us. We may suspend or terminate your access if you breach these Terms.

10. Limitation of liability

To the maximum extent permitted by law, and subject to your non-excludable rights under the Australian Consumer Law:

• The Site, its content, and our products and services are provided "as is" and "as available", without warranties of any kind except those that cannot lawfully be excluded.
• We are not liable for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, bookings, data or goodwill, however arising.
• Where our liability cannot be excluded but can be limited, our total liability to you is limited, at our option, to re-supplying the relevant product or service, or refunding the amount you paid us for it.

Certain guarantees, rights and remedies under the Australian Consumer Law cannot be excluded, restricted or modified. Nothing in these Terms operates to exclude, restrict or modify those rights where it would be unlawful to do so.

11. Third-party links and services

The Site may link to third-party websites, tools or services. We do not control and are not responsible for their content, availability, terms or privacy practices. A link is not an endorsement.

12. Privacy

Our handling of your personal information is described in our Privacy Policy, which forms part of these Terms.

13. Changes to these Terms

We may update these Terms from time to time. The current version is the one published on this page, with the "last updated" date shown above. Your continued use of the Site or our services after a change means you accept the updated Terms.

14. Governing law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state and the Commonwealth of Australia.

15. Contact

Questions about these Terms? Email hello@packedout.com.au.