Last updated: May 2026
1. About This Document
1.1 These terms and conditions (Terms) govern your use of the BayPort Business Solutions website, http://www.bayportsolutions.com.au (Website). By accessing or using this Website, you agree to be bound by these terms. If you do not agree, please do not use this Website.
1.2 This Website is operated by Definitive Trading Pty Ltd (ACN 111 953 069), trading as BayPort Business Solutions (ABN 34 211 363 078) (referred to as BayPort Business Solutions, We, Us, or Our).
2. Our Services
2.1 BayPort Business Solutions is a data and workflow consultancy that helps businesses make their existing tools and data work together. Our services (Services) include:
(a) Data cleaning, transformation, and preparation
(b) Workflow analysis, documentation, and optimisation
(c) Process automation using tools such as VBA, Power Automate, and Make
(d) Systems administration and software training
(e) Bespoke Excel-based tools and applications
(f) Hosted reporting and dashboard solutions including Power BI
2.2 Information published on this Website is for general informational purposes only and does not constitute a formal offer or provision of Services. Specific Services are governed by a separate Client Engagement Agreement entered into with each client.
3. Intellectual Property
3.1 All content on this Website, including text, graphics, logos, layout, and code, is the intellectual property of BayPort Business Solutions unless otherwise stated. You may not reproduce, distribute, or republish any content from this Website without Our prior written consent.
3.2 Nothing on this Website transfers any intellectual property rights to you.
3.3 If you believe that any content on this Website infringes your intellectual property rights, please notify Us in writing using the contact details in clause 19. We reserve the right to remove any content that We reasonably consider may infringe a third party’s intellectual property rights, without notice.
4. Privacy
4.1 We are committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Any personal information you provide via this Website, for example through an enquiry form or email, will only be used to respond to your enquiry or to provide Our Services.
4.2 We will not sell, share, or disclose your personal information to third parties except as required by law or as necessary to deliver Our Services.
4.3 By using this Website and submitting your details, you consent to the collection and use of your information as described here.
4.4 In the event of a data breach affecting your personal information, We will comply with Our obligations under the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act 1988 (Cth), including notifying the Office of the Australian Information Commissioner and affected individuals where required. If you believe your personal information has been compromised, please contact Us immediately using the details in clause 19.
4.5 For full details of how We collect, use, store, and protect your personal information, and how you can access, correct, or complain about Our handling of your information, please refer to Our Privacy Policy available on this Website.
5. Accuracy of Information
5.1 While We take care to ensure that information published on this Website is accurate, we do not warrant that it is complete, current, or free from error. We reserve the right to change or update content at any time without notice.
5.2 Nothing on this Website should be taken as professional advice specific to your circumstances. We recommend engaging Us directly so that we can assess your individual business needs.
5.3 This Website and any software or tools made available through it are provided on an “as is” basis without warranty of any kind, whether express or implied, including warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted by law. We do not warrant that this Website is free from viruses, malware, or other harmful components. You are responsible for implementing appropriate protections on your own systems and devices, and we accept no responsibility for any damage caused by material encountered through your use of this Website, to the fullest extent permitted by law.
6. Third-Party Links
6.1 This Website may contain links to third-party websites for your convenience. BayPort Business Solutions does not endorse, control, or take responsibility for the content or practices of any linked websites. You access third-party websites at your own risk.
7. Acceptable Use
7.1 You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of others. In particular, you must not:
(a) use the Website in any way that violates applicable local, national, or international laws or regulations;
(b) transmit any unsolicited or unauthorised advertising or promotional material, or any other form of similar solicitation (spam);
(c) attempt to gain unauthorised access to any part of the Website, its servers, or any system or network connected to the Website;
(d) introduce any virus, trojan, worm, logic bomb, or other material that is malicious or technologically harmful;
(e) use automated tools (including bots, scrapers, or crawlers) to access, copy, or monitor any portion of the Website without Our prior written consent; or
(f) misrepresent your identity or affiliation with any person or organisation when using this Website or contacting Us through it.
7.2 By using this Website and submitting any information to Us through it, you warrant that all information you provide is complete, accurate, and not misleading at the time of submission, and that you will notify Us promptly if any information you have provided to Us changes.
8. Password and Account Security
8.1 Where you are provided with, or create, login credentials (Credentials) to access any part of this Website or any client-facing tools or dashboards made available by BayPort Business Solutions, you are responsible for maintaining the confidentiality of those Credentials. You agree not to disclose your Credentials to any third party and to take reasonable steps to prevent unauthorised access to your account.
8.2 You accept responsibility for all activities that occur under your account or Credentials. If you become aware of any unauthorised use of your Credentials or any security breach affecting your account, you must notify Us immediately using the contact details in clause 19. We will not be liable for any loss or damage arising from your failure to comply with this obligation.
9. Suspension and Termination of Access
9.1 We reserve the right, at Our sole discretion and without notice, to suspend, restrict, or terminate your access to this Website, in whole or in part, at any time and for any reason, including but not limited to:
(a) breach or suspected breach of these Terms, including the Acceptable Use obligations in clause 7;
(b) conduct that is fraudulent, misleading, abusive, or harmful to us or to other users;
(c) technical, security, or maintenance requirements; or
(d) a request from a law enforcement or regulatory authority.
9.2 We will not be liable to you for any loss or inconvenience arising from any suspension or termination of access under this clause.
10. Indemnity
10.1 You agree to indemnify, defend, and hold harmless BayPort Business Solutions, its directors, employees, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) your use of this Website in breach of these Terms;
(b) your breach of any of these Terms; or
(c) any misrepresentation made by you in connection with your use of this Website or your engagement with Us.
10.2 This indemnity does not apply to the extent that any claim, loss, or liability arises from Our own negligence or wilful misconduct.
11. Limitation of Liability
11.1 To the fullest extent permitted by Australian law, BayPort Business Solutions excludes all liability for any direct, indirect, incidental, or consequential loss or damage arising from your use of, or inability to use, this Website.
11.2 Where liability cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other applicable legislation, Our liability is limited to the greatest extent permitted by law.
12. Cyber Security and Technology Risk
12.1 The Client acknowledges that the Services may involve the transmission, storage, or processing of data over electronic networks and third-party platforms, and that no system or network can be guaranteed to be fully secure. Bayport Business Solutions implements reasonable technical and organisational measures to protect against unauthorised access, loss, or misuse of data, but cannot guarantee absolute security.
12.2 Bayport Business Solutions will not be liable for any loss, damage, or interruption suffered by the Client arising from or in connection with:
(a) a cyberattack, ransomware, malware, phishing, or other malicious act by a third party;
(b) a data breach or unauthorised access to systems held or operated by a third party, including cloud service providers or software vendors;
(c) a failure, outage, or compromise of any third-party platform, tool, or service used in the delivery of the Services; or
(d) any interception of data during transmission over the internet or other electronic networks.
12.2 Where Bayport Business Solutions becomes aware of a suspected cyber incident affecting the Client’s data, it will notify the Client as soon as reasonably practicable and will cooperate in good faith to mitigate the impact.
13. Website Availability and Changes
13.1 Computer and telecommunications systems are not fault-free and may from time to time require periods of downtime for the purposes of repair, maintenance, and upgrading. Accordingly, We do not guarantee uninterrupted or continuous availability of this Website, but We will make reasonable efforts to minimise any periods of unavailability. You acknowledge and accept that you will have no claim for breach of contract or otherwise in respect of any such period of unavailability.
13.2 We may from time to time alter any aspect of this Website, including its content, features, tools, and structure, as We think fit and without notice. You acknowledge and accept that you will have no claim for breach of contract or otherwise in respect of any such alteration.
14. Refunds
14.1 Where a payment is made to BayPort Business Solutions through this Website or otherwise in connection with an enquiry or initial engagement, you may be entitled to a refund. Any request for a refund must be made within a reasonable time of the relevant payment by contacting Us using the details in clause 19. Refunds are considered on a case-by-case basis and are at Our absolute discretion, except where you are entitled to a remedy under the Australian Consumer Law or other applicable legislation. Any refund granted may be net of any payment processing or transaction fees incurred.
15. Dispute Resolution
15.1 If you have a complaint about this Website or Our Services, please contact Us first using the details in clause 19. We will acknowledge your complaint within five (5) Business Days (Business Days meaning a day that is not a Saturday, Sunday, or public holiday in Victoria, which definition applies throughout this clause) and endeavour to resolve it within twenty (20) Business Days. Privacy complaints are handled under Our Privacy Policy. This step does not form part of the formal dispute resolution process in clause 15.2.
15.2 If a complaint under clause 15.1 is not resolved, or if a formal dispute arises between you and BayPort Business Solutions in connection with these Terms or your use of this Website, the parties agree to follow the process below before commencing any legal proceedings:
(a) Notice: The party raising the dispute must give written notice to the other party describing the nature of the dispute and the outcome sought.
(b) Good Faith Negotiation: Within 10 (ten) Business Days of the other party receiving the notice, a senior representative of each party must meet (in person, by telephone, or by video conference) and attempt in good faith to resolve the dispute.
(c) Mediation: If the dispute is not resolved within twenty (20) Business Days of the notice (or such longer period as the parties agree in writing), either party may refer the dispute to mediation administered by the Resolution Institute (or a mediator agreed between the parties). The costs of mediation will be shared equally unless otherwise agreed.
(d) Litigation: If the dispute remains unresolved after mediation, either party may commence legal proceedings in accordance with clause 16 (Governing Law).
15.3 Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court where necessary to protect its rights.
16. Governing Law
16.1 These Terms are governed by the laws of Victoria, Australia. Any disputes arising from your use of this Website are subject to the exclusive jurisdiction of the courts of Victoria.
17. Changes to These Terms
17.1 We may update these Terms from time to time. Where We make material changes, We will use reasonable endeavours to notify users by posting a notice on this Website at least 14 days before the changes take effect. The date at the top of this page reflects the most recent revision. Your continued use of this Website after any updated Terms take effect constitutes your acceptance of the updated Terms.
18. General Provisions
18.1 Severability: If any provision of these Terms is found to be invalid, unlawful, or unenforceable in any jurisdiction, that provision shall be limited or severed to the minimum extent necessary so that the remaining provisions continue in full force and effect.
18.2 Waiver: Our failure to exercise or enforce any right or provision of these Terms on any occasion does not constitute a waiver of that right or provision. We reserve the right to exercise or enforce any right or provision at any future time.
18.3 No Assignment: You may not assign or transfer any of your rights or obligations under these Terms without Our prior written consent. We may assign our rights and obligations under these Terms to a related body corporate (as defined in the Corporations Act 2001 (Cth)) or to a successor entity in the event of a sale or restructure of Our business, provided We give you reasonable written notice of any such assignment.
18.4 Relationship of Parties: Nothing in these Terms creates or implies a partnership, joint venture, agency, fiduciary, or employment relationship between you and BayPort Business Solutions. You have no authority to bind Us in any way.
18.5 Notices to You: Any communications or notices We send to you in connection with these Terms will be sent to the email address you provide when contacting Us. You are responsible for ensuring that your nominated email address is valid and current. Notices sent by email are deemed received on the day of transmission.
18.6 Notices to Us: Any formal notices to BayPort Business Solutions under these Terms must be in writing and sent by email or post to the contact details set out in clause 19.
18.7 Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
19. Contact Us
19.1 If you have any questions about these Terms, please get in touch:
Email: info@bayportsolutions.com.au
ABN: 34 211 363 078
BayPort Business Solutions is a trading name of Definitive Trading Pty Ltd.