Terms & Conditions

Last updated: 2 July 2026

1. Agreement to Terms

These Terms of Use ("Terms") constitute a binding agreement between you and SMALL PEA SOFTWARE PTY LTD ("we", "us", "our", "Small Pea Software") in relation to your access to and use of smallpeasoftware.com and associated pages (the "Website").

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Website.

These Terms apply to visitors and casual users of the Website. They do not replace a separate written agreement for software development, consulting, support, or other professional services. If you engage us for Services, additional commercial terms will apply.

2. About Us

The Website is operated by SMALL PEA SOFTWARE PTY LTD, an Australian proprietary company established in 2022 and based at Level 4, 8 Thomas St, Chatswood NSW 2067. Contact details are set out in Section 15.

3. Permitted Use

You may use the Website for lawful purposes only and in accordance with these Terms. Permitted uses include browsing content, learning about our services, submitting enquiries through provided forms, and contacting us using published contact details.

You must not:

• use the Website in any way that violates applicable laws or regulations;
• attempt to gain unauthorised access to the Website, its servers, or connected systems;
• introduce viruses, malicious code, or other material that could harm the Website or users;
• use automated means (including scrapers, bots, or crawlers) to access or collect content except where expressly permitted by robots.txt or our prior written consent;
• copy, reproduce, or redistribute substantial portions of Website content for commercial purposes without our permission;
• misrepresent your affiliation with Small Pea Software or use our name or branding without authorisation; or
• submit false, misleading, or unlawful information through enquiry forms.

We may suspend or restrict access to the Website if we reasonably believe you have breached these Terms or if suspension is necessary to protect the Website, our systems, or other users.

4. Website Content and Accuracy

Content on the Website is provided for general information about Small Pea Software and our services. It is not legal, financial, or professional advice tailored to your circumstances. While we aim to keep information current and accurate, we do not warrant that all content is complete, error-free, or up to date at all times.

Descriptions of services, example projects, and insights articles are illustrative. Actual deliverables, timelines, and costs for client work are defined in written proposals and agreements — not by general marketing content on the Website.

We may change, remove, or add Website content at any time without notice.

5. Enquiries and Form Submissions

When you submit an enquiry through the Website, you agree that the information you provide is accurate to the best of your knowledge and that you have authority to submit it if acting on behalf of an organisation.

Submitting an enquiry does not create a client relationship or obligate us to provide services. We will assess enquiries and respond in our discretion. Our handling of personal information in enquiries is described in our Privacy Policy.

6. Intellectual Property

Unless otherwise stated, all content on the Website — including text, graphics, logos, images, layout, and software code — is owned by or licensed to SMALL PEA SOFTWARE PTY LTD and is protected by Australian and international intellectual property laws.

You receive a limited, non-exclusive, non-transferable licence to access and view Website content for personal or internal business purposes related to evaluating our services. You may not modify, distribute, publicly display, or create derivative works from Website content except as permitted by law or with our prior written consent.

"Small Pea Software" and associated logos are our trade marks. Unauthorised use is prohibited.

If you believe content on the Website infringes your intellectual property rights, contact us with details of the alleged infringement and we will review the matter.

7. Third-Party Links

The Website may contain links to third-party websites for convenience or reference. We do not control and are not responsible for the content, privacy practices, or availability of linked sites. A link does not imply endorsement. You access third-party sites at your own risk and should review their terms and policies.

8. Disclaimers

To the maximum extent permitted by applicable law, the Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.

Without limiting the foregoing, we do not warrant that:

• the Website will be uninterrupted, secure, or free from errors or harmful components;
• defects will be corrected; or
• the Website or servers are free of viruses or other harmful elements.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded. Where we are permitted to limit remedies, our liability is limited as set out in Section 9.

9. Limitation of Liability

To the extent permitted by law, SMALL PEA SOFTWARE PTY LTD and its directors, employees, and contractors are not liable for any loss or damage arising from or in connection with your use of (or inability to use) the Website, including indirect, incidental, special, or consequential loss, loss of profits, loss of data, or business interruption — even if we have been advised of the possibility of such loss.

Where liability cannot be excluded, our total liability to you for any claim arising from or relating to the Website or these Terms is limited, at our option, to re-supplying the relevant service or paying the cost of having the service supplied again, or AUD $100, whichever is greater — except where a higher minimum liability is required by law.

These limitations apply to the fullest extent permitted by the laws of New South Wales and the Commonwealth of Australia.

10. Indemnity

You agree to indemnify and hold harmless SMALL PEA SOFTWARE PTY LTD and its personnel from claims, losses, liabilities, and expenses (including reasonable legal costs) arising from your breach of these Terms, your misuse of the Website, or your violation of any law or third-party rights — except to the extent caused by our negligence or wilful misconduct.

11. Privacy

Our collection and use of personal information through the Website is described in our Privacy Policy. Our use of cookies is described in our Cookie Policy. By using the Website, you acknowledge that you have read those policies.

12. Changes to These Terms

We may revise these Terms at any time by publishing an updated version on this page. The "Last updated" date indicates when changes were last made. Your continued use of the Website after changes are published constitutes acceptance of the revised Terms. If you do not agree to updated Terms, you must stop using the Website.

13. Termination

We may terminate or restrict your access to the Website at any time without notice if you breach these Terms or if we discontinue the Website. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnity, and governing law — continue to apply.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia for disputes arising from or relating to these Terms or the Website.

If you access the Website from outside Australia, you are responsible for compliance with local laws. We make no representation that the Website is appropriate or available for use in all locations.

15. Contact Us

For questions about these Terms, contact:

SMALL PEA SOFTWARE PTY LTD
Level 4, 8 Thomas St, Chatswood NSW 2067, Australia
Email: support@smallpeasoftware.com
Phone: 02 4404 1725
Website: smallpeasoftware.com