Tangelo Elevate
Terms and Conditions

Effective Date: 24 June 2025

Introduction

Welcome to Tangelo Elevate, operated by TANGELO ADVICE CONSULTING PTY LTD (ACN 651 439 753) as trustee for the Tangelo Advice Consulting Unit Trust (ABN 23 424 427 157) (“Tangelo”, “we,” “us,” “our”). These Terms and Conditions (“Terms”) govern your access to use our Tangelo Elevate subscription services set out here (collectively, the “Services”). By subscribing to our Services, you agree to be bound by these Terms (“Subscriber”, “you”).

1.    Eligibility and Account Registration

1.1.   You agree to provide accurate, current, and complete information during registration and to update Tangelo when your information changes within a timely manner.

1.2.   You are responsible for maintaining the confidentiality of your login credentials.

2.    Subscription and Access

2.1.   Access to the Services is provided on a subscription basis. By subscribing, you agree to pay the applicable subscription fees and charges in accordance with the plan selected by you. Your access to the Services will continue for the duration of your active subscription.

2.2.   You agree that the Services are for you as the Subscriber. Each subscription provides for 2 users to the Services. A Subscriber may register further users, up to a maximum of 5 users per subscription. The Subscriber acknowledges that each user must be an employee of the Subscriber.

2.3.   These Services are provided solely for use by the Subscriber that has purchased or been granted access by subscription. They are intended for internal, non-commercial use only and must not be shared, distributed, or resold without prior written consent from Tangelo, which consent may be withheld at its absolute discretion.

2.4.   Tangelo may from time to time offer discounts, promotions or special offers to the Services. Discounts, promotions or special offers are valid only while your subscription is active. If the subscription is cancelled, re-subscription for the Services will be at the standard rate.

3.    Engagement of Third-Party Service Providers

3.1.   We may, at our sole discretion, and from time to time, decide to engage a third-party service provider to provide part or all of the Services to you.

3.2.   Except where expressly stated to the contrary all persons (including their names and images), third-party trademarks and content, services and/or locations featured on the Tangelo website or as part of the Services are in no way associated, linked or affiliated with Tangelo and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on the Tangelo website or part of the Service are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and there is in no way an assertion that such products or services are endorsed by or connected to Tangelo.

4.    Your Obligations

4.1.   You must:

(a)         co-operate with Tangelo as Tangelo reasonably requires;

(b)        provide the information and documentation that Tangelo reasonably requires;

(c)         ensure that your staff and agents cooperate with and assist Tangelo; and

(d)        to engage respectfully in all forums, webinars, and community spaces.

4.2.   Harassment, abuse, or discriminatory behavior will result in immediate suspension or termination without notice.

4.3.   Sharing login credentials or allowing others to access your account is strictly prohibited.

5.    Payments and Refunds

5.1.   Payments must be made via direct debit from either a bank account or credit card via our payment gateway.

5.2.   If payment fails or is reversed, access to the Services may be suspended or terminated at our absolute discretion.

6.    Intellectual Property

6.1.   In this clause 6, materials mean all content, including videos, documents, and training materials created by Tangelo and provided to you under these Terms (Materials).

6.2.   The parties agree that Tangelo retains all rights to intellectual property in the Materials.

6.3.   The parties agree that Tangelo owns all Materials with effect from the date of their creation.

6.4.   Tangelo grants you a perpetual, irrevocable, non-exclusive, royalty-free license to use the rights to intellectual property in the Materials for any purpose, excluding the commercialisation of those intellectual property rights.

6.5.   You may not copy, distribute, modify, or create derivative works without our written consent.

7.    Privacy and Data Protection

7.1.   We collect and use personal data in accordance with our privacy policy.

7.2.   By using our Services, you consent to our data practices.

7.3.   We are bound by the Privacy Act 1988 ('Privacy Act'), including the Australian Privacy Principles ('APPs').

7.4.   Tangelo must keep your confidential information confidential and not deal with it in any way that might prejudice its confidentiality.

7.5.   You and Tangelo acknowledge that information resulting from the activities of Tangelo pursuant to this agreement will also be regarded as confidential information. Tangelo agrees that Tangelo's obligations in clause 7.4 will extend to this category of information.

7.6.   The confidential information does not include information which:

(a)         is generally available in the public domain otherwise than as a result of a breach of clause 7.4 by Tangelo; or

(b)        was known by Tangelo prior to you disclosing the information to Tangelo.

8.    Disclaimers and Limitation of Liability

8.1.   The Tangelo Elevate content is for educational purposes only and does not constitute legal, tax, financial or professional advice. The content provided as part of the services is general in nature and does not address or take into account your personal circumstances.

8.2.   We do not guarantee uninterrupted or error-free access to the Services.

8.3.   While every effort has been made to ensure the accuracy and reliability of the Services, they are provided "as is" without warranty of any kind. Tangelo makes no representations or warranties, express or implied, regarding the accuracy, completeness, or suitability of the Services for any particular purpose.

8.4.   You acknowledge that:

(a)         These Terms represent the complete and exclusive understanding between you and Tangelo regarding the Services, and override all previous discussions, statements, representations, proposals, agreements, or communications (whether oral or written) not expressly included in these Terms.

(b)        You (and any others for whom the Services are provided) may not recover from us, in contract or tort, under statute or otherwise, any amount with respect to any loss of profit, data or goodwill, or any indirect or consequential costs, indirect or consequential loss or damage in connection with claims arising out of these Terms or otherwise relating to the Services, whether or not the likelihood of such loss or damage was contemplated.

(c)         If the Competition and Consumer Act 2010 (Cth), the Corporations Act 2001 or any other legislative provision prohibits or otherwise precludes the restriction, modification or exclusion of any statutory condition, warranty, guarantee, right, remedy or other benefit, clauses 8.4 (g) and 8.4 (h) do not restrict, modify or exclude it. Unless prohibited by law, no term, condition or warranty is implied except as expressly provided in these Terms.

(d)        In circumstances where Tangelo is required to indemnify you or you are entitled to claim damages from Tangelo, you (and any others for whom the Services are provided) may not recover from us, in contract or tort (including negligence), under statute or otherwise, aggregate damages (including interest and costs) in excess of the fee actually paid for the Services that directly caused the loss in connection with claims arising out of these Terms or otherwise relating to the Services received by Tangelo in the twelve month period preceding the event giving rise to the claim and you agree to release us from all claims arising in connection with the Services to the extent that our aggregate liability in respect of such claims would exceed that amount.

(e)        If a term is implied into these Terms by law, which cannot be excluded, you agree that in the event that we breach the term we may, in our absolute discretion and to the extent it is allowed by law, choose either to re-supply the Services or pay you the cost of having the Services re-supplied.

(f)          To the extent permitted by law, you agree that to the extent that any loss or damage suffered by you is attributable to negligence, fault or lack of care on your part or on the part of any person for whom you are responsible, we are not liable (in contract, tort or otherwise) for the loss or damage.

(g)         If we are liable to you (or to any others for whom Services are provided) under these Terms or otherwise in connection with the Services, for loss or damage (including interest and costs) to which any other persons have also contributed, our liability to you shall be several, and not joint, with such others, and shall be limited to our fair share of that total loss or damage which is agreed between us or ascribed to us by a court or tribunal of competent jurisdiction based on our contribution to the loss and damage relative to the others’ contributions.  No exclusion or limitation on the liability of other responsible persons imposed or agreed at any time shall affect any assessment of our proportionate liability hereunder, nor shall settlement of or difficulty enforcing any claim, or the death, dissolution or insolvency of any such other responsible persons or their ceasing to be liable for the loss or damage or any portion thereof, affect any such assessment.

(h)        The limitations above will not apply to losses or damage caused by our fraud.

9.    Termination

9.1.  We may suspend or terminate your access for breach of these Terms.

9.2.   You may cancel your subscription by providing 30 days’ notice to us via your account settings or by contacting us at hello@tangeloconsulting.com.au.

9.3.   Upon termination of this agreement any fees, expenses or reimbursements payable by you to Tangelo in respect of any period prior to the date of termination must be paid by you within 7 days after termination.

9.4.   Upon termination, your right to access the Services will cease immediately.

10. Changes to Terms

10.1.                Tangelo reserves the right at any time and at its own discretion to make changes to these Terms. When Tangelo makes changes to these Terms, Tangelo will post the new Terms on the Website. Changes apply from the time you accept the Terms, or 30 days after Tangelo has informed you about the changes. Tangelo recommends that you check the Website regularly to find out about any changes to these Terms.

10.2.                Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

11. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

12. Contact Us

For questions or concerns, please contact:

Tangelo Advice Consulting
Email: hello@tangeloconsulting.com.au
Phone: 1300 564 181
Website: www.tangeloconsulting.com.au