Terms, Privacy and Legal Information

Website Terms

1. Who We Are

This website is operated by Heath Family Holdings Pty Ltd under the Jonathon Heath brand.

Legal Entity: Heath Family Holdings Pty Ltd
ABN: 98 959 026 409

In this document, we, us and our mean Heath Family Holdings Pty Ltd.

Unless a proposal, agreement or other engagement document expressly states otherwise, any contract for our services is with Heath Family Holdings Pty Ltd.

2. Acceptance of Website Terms

By accessing or using this website, you agree to the Website Terms that apply to its use.

If you do not agree, please do not use the site.

The Services & Engagement Terms later on this page apply to a paid engagement where they are provided, linked or incorporated into the relevant booking, proposal, purchase or agreement.

3. Nature of This Website

This website provides information about business diagnostics, leadership advisory, team facilitation and related professional services.

Website content is:

• general in nature
• not tailored to your particular circumstances
• provided for information and education

4. No Professional Advice

Nothing on this website is legal, tax, accounting, financial product, medical, psychological or therapeutic advice.

Our work may involve discussing business performance, commercial information, leadership, people, strategy and decision-making as part of diagnostic, advisory or facilitation work.

You remain responsible for the decisions you make and should obtain appropriate specialist advice where a matter requires it.

5. Your Use of This Website

You may use this website for lawful personal or internal business purposes.

You must not:

• misuse the website or its content
• reproduce or commercially exploit content without permission
• interfere with the website's systems, security or functionality
• use the website for unlawful, harmful, fraudulent or misleading purposes

6. Intellectual Property

Unless otherwise stated, content on this website is owned by us or licensed to us.

This includes our:

• frameworks
• models
• written content
• presentations
• diagnostic, advisory and facilitation materials
• videos, recordings, downloads and other resources

You may view and use public website content for your own personal or internal business development.

You must not reproduce, distribute, adapt, teach from, publish, sell, commercialise or otherwise exploit our content without our written permission, except where permitted by law.

7. Enquiries, Feedback and Testimonials

Information submitted through enquiries, bookings or other communications will be handled in accordance with our Privacy Policy.

If you provide feedback or a testimonial specifically for publication, or otherwise give us permission to publish it, you permit us to reproduce, edit for reasonable length or clarity, and use that material in connection with our business and marketing.

We will not publicly disclose private advisory, facilitation or client information as a testimonial or case study without appropriate permission.

8. Third-Party Platforms

We may use third-party platforms and service providers for purposes including:

• website hosting
• bookings and scheduling
• communications
• payments
• cloud storage
• CRM and business administration
• AI-enabled drafting, analysis and productivity tools
• analytics
• advertising and marketing
• general business operations

Third-party platforms have their own terms, privacy practices and systems, which we do not control.

Our own collection, use and disclosure of personal information remains subject to this Privacy Policy and applicable law.

9. Website Availability

We aim to keep the website useful, available and reasonably accurate, but we do not guarantee:

• uninterrupted access
• error-free operation
• that all information will always be complete, accurate or current

We may update, change, suspend or remove website content or functionality where reasonably required.

10. Website Liability

Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.

Subject to those rights and to the maximum extent permitted by law:

• website content is provided for general information rather than as advice tailored to you
• we do not guarantee any particular outcome from using the website or relying on its content
• we are not responsible for loss arising solely from decisions made in reliance on general website content where we have not breached an obligation owed to you

Services & Engagement Terms

1. When These Terms Apply

These Services & Engagement Terms apply where they are provided, linked or incorporated into a booking, purchase, proposal or engagement and no separate agreement says otherwise.

A binding agreement may be formed when we accept your booking, engagement or purchase, including by issuing written confirmation, accepting an agreed proposal, receiving payment or commencing the agreed service.

The specific scope, timing, inclusions, fees and other commercial details may be set out in a:

• service page
• proposal
• engagement agreement
• booking confirmation
• invoice
• other written confirmation

Specific engagement terms may also include credits, guarantees, cancellation rights, refund commitments, payment arrangements or other service-specific promises.

If specific engagement terms are inconsistent with these general terms, the specific engagement terms apply to the extent of the inconsistency.

Where a service page forms part of the agreed terms, the version made available when the engagement is entered into applies unless it is later varied by agreement or as permitted by law.

2. Nature of Services

We provide professional services including business diagnostics, leadership advisory, team facilitation and related advisory work.

Our current services include engagements such as the Business Model Diagnostic, Leadership Rhythm Advisory and Team Recalibration.

Our work may include:

• asking questions and challenging assumptions
• reviewing business and commercial information
• analysing business structures, constraints and options
• providing observations and an external perspective
• discussing options and trade-offs
• providing frameworks, tools and recommendations
• facilitating decisions and conversations
• helping clients establish priorities, plans, standards, decision rights and operating rhythms
• preparing working documents or other agreed outputs

Some engagements may include coaching-style conversations where that is useful, but the nature and scope of the engagement are determined by the relevant service terms.

Our services support your thinking, leadership and decision-making, but do not transfer responsibility for those decisions to us.

Except for any specific written commitment, guarantee or promise that expressly forms part of an engagement, we do not guarantee any particular business, financial, leadership, team or personal outcome.

Unless expressly agreed otherwise, our services are not legal, accounting, tax, financial product, medical, psychological or therapeutic services.

3. Client Responsibility

You remain responsible for:

• your decisions and actions
• assessing whether an idea or recommendation is appropriate for your circumstances
• implementation
• your business operations and legal compliance
• decisions relating to employees, contractors, clients and other third parties
• obtaining specialist advice where appropriate

Results may depend on factors outside our control, including implementation, market conditions, team performance, timing and other circumstances.

4. Fees, GST and Payment

Fees and payment arrangements are set out in the relevant proposal, invoice, booking confirmation, service page or other specific engagement terms.

Unless otherwise stated:

• amounts are in Australian dollars
• where a price is stated as “+ GST”, applicable GST is payable in addition to the stated amount
• fees must be paid by the applicable due date
• recurring or instalment payments must be paid as agreed
• you remain responsible for amounts properly due under the applicable engagement
• we may pause further service delivery where payment is materially overdue, after giving reasonable notice where practicable

Where a project is offered at one price for upfront payment and a different total price under an instalment or payment-plan option, the price applicable to the option you select is the agreed fee for that engagement.

Where an engagement has an agreed total project fee, an instalment arrangement is a method of paying that agreed fee and does not, by itself, convert the engagement into a month-to-month service or create a right to cancel remaining instalments.

This is subject to any service-specific cancellation, refund or guarantee terms and to rights that cannot lawfully be excluded.

5. Ongoing Advisory and Recurring Services

Where an advisory relationship or other service is provided on a month-to-month or other recurring basis:

• the amount and billing frequency will be stated before or when you enter the arrangement
• where recurring or automatic billing has been agreed, fees may be charged at the agreed frequency until the arrangement is ended
• where a service is expressly described as month-to-month with no long-term lock-in, there is no minimum commitment beyond the applicable billing period unless specific written terms state otherwise
• unless a different process is specified, notice to end an ongoing arrangement may be given in writing to connect@jonathonheath.com
• where notice is received before the next billing date, future recurring charges will ordinarily stop from that next billing date
• ending an ongoing arrangement does not ordinarily reverse fees already properly incurred for a completed or current billing period
• unless otherwise agreed, services continue until the end of a period already paid for

A service-specific guarantee or cancellation promise may provide an earlier or different right to end the relationship and will apply according to its stated terms.

Nothing in this clause limits rights that cannot lawfully be excluded.

6. Scheduling and Attendance

Unless the specific engagement terms state otherwise, for scheduled advisory sessions and other booked meetings:

• at least 2 business days' notice is required to reschedule unless we agree otherwise
• for this purpose, weekends and Queensland public holidays are not counted as business days
• a session cancelled with less notice or missed without notice may be treated as used
• if you arrive late, the session may still finish at its scheduled time

Different cancellation or rescheduling arrangements may apply to a Business Model Diagnostic, Team Recalibration Day, team engagement, event or other project where this is stated in the applicable proposal, booking or service terms.

If any separately purchased or prepaid session is subject to an expiry or use-by period, that period will be stated in the applicable terms.

7. Service-Specific Commitments, Credits and Guarantees

A particular service may include a specific:

• credit
• guarantee
• cancellation promise
• refund commitment
• early-exit right
• payment arrangement
• other commercial commitment

Where such a commitment is stated in the relevant service page, proposal, engagement agreement, booking confirmation, invoice or other written terms that apply to the engagement, it forms part of the terms for that service and applies according to its stated conditions.

A service-specific commitment prevails over an inconsistent general cancellation, payment or refund provision in these terms to the extent of the inconsistency.

A commitment applies only to the circumstances and remedy stated for that particular service. For example, a commitment that allows an engagement to end does not by itself create a right to a refund unless the specific terms provide for a refund.

Any service-specific credit, guarantee, cancellation promise or refund commitment is additional to, and does not exclude, restrict or modify, any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.

8. Cancellations and Refunds

Any cancellation or refund terms specific to an engagement will be stated in the relevant service page, proposal, agreement, booking confirmation or other applicable written terms.

Unless otherwise stated:

• we do not ordinarily provide refunds merely because you change your mind after a service has commenced
• missed advisory sessions are not ordinarily refundable
• a deposit or booking fee may be non-refundable where that condition is disclosed before payment and is lawful and reasonable in the circumstances

These general provisions do not override any service-specific credit, guarantee, cancellation right or refund commitment that forms part of your engagement.

Nothing in these terms excludes, restricts or modifies any consumer guarantee or remedy that cannot lawfully be excluded under the Australian Consumer Law.

Where the Australian Consumer Law gives you a right to a remedy because a service has not met an applicable consumer guarantee, these terms do not remove that right.

9. Confidentiality

We will treat confidential information shared with us during an advisory, diagnostic or other private engagement with care and will not deliberately disclose it publicly except with permission or where disclosure is reasonably required for:

• delivering or administering the service
• preparing agreed working materials or outputs
• professional advice or insurance
• legal compliance
• protecting safety
• enforcing or protecting legal rights

People such as contractors, professional advisers and technology providers may have access to information where reasonably necessary for their role and subject to appropriate obligations or protections.

Our use of technology, including the AI-enabled tools described in our Privacy Policy, does not remove our responsibility to handle confidential and personal information with reasonable care.

Group and Team Engagements

Where an engagement involves multiple participants, including Team Recalibration or another facilitated team process, we will encourage appropriate confidentiality but cannot guarantee the conduct of other participants.

Participants should exercise judgement before disclosing highly sensitive personal, legal or commercially confidential information in a group environment.

A client engaging us to work with its team remains responsible for determining what business information it is appropriate to make available to participants during the engagement.

10. Intellectual Property

Unless agreed otherwise in writing, all frameworks, methodologies, presentations, exercises, resources, materials and content we provide remain our intellectual property or that of our licensors.

You receive a limited, non-exclusive, non-transferable licence to use supplied materials for your own personal or internal business purposes.

You must not reproduce, distribute, sell, publish, teach from, sublicense, commercialise or create derivative commercial products from our materials without written permission.

This does not prevent you from using the ideas, decisions, plans, priorities, business structures and other internal business outputs developed specifically through your engagement for the ordinary operation of your own business.

11. Liability

Nothing in these terms excludes, restricts or modifies liability, rights or remedies that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.

Subject to those rights and to the maximum extent permitted by law:

• you remain responsible for business decisions and implementation choices you make
• we are not responsible merely because a decision, recommendation or course of action discussed during an engagement does not produce the outcome hoped for
• we are not liable to the extent that loss is caused by circumstances outside our reasonable control or by decisions, acts or omissions of the client or third parties where we have not breached an obligation owed to you
• where liability can lawfully be limited, our aggregate liability arising from the relevant engagement will not exceed the fees paid or payable for the particular services giving rise to the claim

The general financial limitation above does not apply to fraud or wilful misconduct by us or to any liability that cannot lawfully be limited.

The operation and enforceability of any limitation necessarily depend on the circumstances and applicable law.

12. Suspension and Termination

We may suspend or terminate an engagement where:

• there is a material breach of the applicable agreement that is not remedied within a reasonable time after notice, where the breach is capable of remedy
• payment is materially overdue
• behaviour is abusive, threatening, unsafe, unlawful or seriously disruptive
• continuing the engagement would create an unreasonable safety, legal or ethical concern

Any suspension or termination will be exercised reasonably and proportionately having regard to the circumstances.

Immediate suspension or termination may occur where the circumstances reasonably require it.

For an ongoing month-to-month advisory relationship, either party may also end the relationship in accordance with the applicable ongoing-service or service-specific terms.

For a project-based engagement, your right to cancel or terminate is governed by the terms applying to that project, including any applicable service-specific guarantee or cancellation promise.

Ending an engagement does not automatically create a right to refund amounts properly earned or incurred before termination, and does not remove any rights either party has under applicable law or under a service-specific commitment.

13. Events Beyond Reasonable Control

Neither party is responsible for delay or failure to perform caused by events genuinely beyond its reasonable control.

If such an event materially affects service delivery, we will use reasonable efforts to agree an appropriate response, which may include:

• rescheduling
• changing the delivery method
• substituting an agreed component
• providing an appropriate credit
• refunding an affected unused component where required by law or otherwise agreed