Terms

This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, www.artofagency.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by The Art of Agency Pty Ltd.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and The Art of Agency Pty Ltd, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

The last update to our Terms of Use was posted on 8 April, 2015.

Definitions
The terms “us” or “we” or “our” refers to The Art of Agency Pty Ltd, the owner of the Website.

A “Visitor” is someone who merely browses our Website, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Service.

Our “Service” represents the collective functionality and features as offered through our Website to our Members.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. The Art of Agency Pty Ltd reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. The Art of Agency Pty Ltd has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

General Terms
Our Legal Terms shall be treated as though it were executed and performed in ACT, Australia and shall be governed by and construed in accordance with the laws of ACT, Australia without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of The Art of Agency Pty Ltd under our Legal Terms shall survive the termination of our Legal Terms.

The Art of Agency Terms of Service (“Agreement”)

This Agreement was last modified on 8 April, 2015.

Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.artofagency.com (“our website”) operated by The Art of Agency Pty Ltd (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the our website at www.artofagency.com.

By accessing or using our website in any manner, including, but not limited to, visiting or browsing our website or contributing content or other materials to our website, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

Intellectual Property
Our website and its original content, features and functionality are owned by The Art of AgencyPty Ltd and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Termination
We may terminate your access to our website, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites
Our website may contain links to third-party sites that are not owned or controlled by The Art of Agency Pty Ltd.

The Art of Agency Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Limited License
The Art of Agency Pty Ltd grants you a non-exclusive, non-transferable, limited license to use our website in accordance with this Agreement.

Limitation Of Liability
In no event shall The Art of Agency Pty Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of our website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arrising from your violation of any third-party’s rights.

Warranty Disclaimer
Your use of our website is at your sole risk. Our website is provided on an “as is” and “as available” basis. Our website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Art of Agency Pty Ltd, its subsidiaries, affiliates, and its licensors do not warrant that a) our website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) our website is free of viruses or other harmful components; or d) the results of using our website will meet your requirements.

Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of ACT, Australia, without giving effect to any principles of conflicts of law.

Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on our website. Your continued use of our website after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access our website or discontinue any use of our website immediately.

Our Minimum Guarantees
Our terms of sale for individual products and services are given to you either verbally or via our website during the sales process. These terms of sale are then included on the sales invoice we email to you after your purchase. Pricing for our products may be in Australian Dollars (AUD$) or other currencies, such as United States Dollars (USD$). You will be provided with the pricing of our products and the currency in which they are given at the time of our quoting on the price of any product or service.

Where we omit to provide terms on the purchase of any of our products and services, purchase of those products and services comes with a minimum unconditional 30-day guarantee from the commencement of the product. That means that in cases where we omit to provide terms, and you are dissatisfied with your product or service for any reason, simply contact our support team and request a full refund of your purchase price (noting that shipping and handling charges and credit card refund processing fees, if applicable, will be deducted from the final refund).

Unless otherwise stated, these guarantees are the minimum offered.

If you do not understand our terms of sale or minimum guarantees, do not order our material. If you need further information, please contact support@artofagency.com.

Contact Us
If you have any questions about this Agreement, please contact us at support@artofagency.com.

We are open Mon-Fri 9 am-5 pm Australian EST.
Level 5, 1 Moore Street, Canberra ACT 2612, Australia. Ph: +61-2-61710704
The Art of Agency Pty Ltd | ACN 600496893 | ABN 73600496893