Terms & Conditions

Introduction 

These terms and conditions, known as Terms of Use, outline the rules and regulations for the use of AGER BI Pty Ltd’s website at www.agerbi.com.au.  Please read these Terms carefully. BY USING THE WEBSITE, YOU ARE AGREEING TO THESE TERMS. You must not use the website if you do not agree with these Terms. 

References to “AGER BI”, “we”, “us” and “our” are references to AGER BI Pty Ltd and are interchanged without change in meaning throughout these Terms of Use. 

The information on this website is provided free of charge and for your general information but subject to the terms and conditions set out in the Terms of Use below. These Terms of Use constitute the entire agreement between you and us and govern your use of the website and replace any prior agreement you may have with us regarding the use of this website. Please read our terms carefully as by using this website you are confirming that you understand and are consenting to our Terms of Use for this website. 

By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use AGER BI’s website if you do not accept all of the terms and conditions stated on this Terms of Use. 

Ownership 

This website and all content within is owned and provided by AGER BI Pty Ltd, a company registered in Australia with company number 625 881 978 and whose registered office is at 202/37 Barrack St, Perth WA 6000.  

Trademark and Rights notice 

The AGER BI wordmark is a Trademark of AGER BI. 

Trade names, trademarks, logos and service marks displayed on this website are the property of their respective owners. This website contains images, artworks, copy and trademarks which belong to other organisations. These are usually displayed in this site for the purpose of showing the type of work we do. They may be viewed but we do not give permission for any such materials or trademarks to be copied. You as the user must be careful and if in doubt you should contact us to request clarification and permission. 

You are granted limited license only for purposes of viewing the material contained on this Website. 

Intellectual Property 

All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the website is owned, controlled by, or licensed to AGER BI. Except for viewing the content for your own personal non-commercial use, AGER BI does not grant you any rights to use the website or content for any other purpose unless it expressly consents in writing. 

Copyright notice 

All content is the copyright © 2018 of AGER BI. The copyright and all other intellectual property rights in this website are owned by or licensed to AGER BI, unless specified explicitly to the contrary. 

All content is fully protected by the copyright laws of Australia, international copyright treaties and all other applicable copyright and intellectual property laws. 

Consent for copying and downloading is given only: 

  • for the downloading of any part of our website for the sole purpose of discussion and learning, and 
  • for all other non-commercial purposes which are not intended to and will not foreseeably damage the business, goodwill and reputation of AGER BI, its directors and employees. 

Copying and downloading of material for any other purpose is not permitted and is unlawful. Copying the design of objects and producing images of them or objects from such designs is also not permitted and is unlawful. AGER BI asserts and reserves its copyright and design right, its moral rights and the moral rights of its staff, its community design rights and all its rights in law of whatever type and anywhere in the world to protect its Intellectual Property, Goodwill and Reputation. 

Access and use 

By accessing, browsing or otherwise using this website you agree to the Terms of Use set out on this page of the website. These Terms of Use may be amended by us from time to time without notice to you. Your continued use of the website following any changes to the Terms of Use indicates that you accept any changes. If you do not agree to be bound by these Terms of Use, then you should not access or view this website. 

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access, browse and use our website and the content only: 

  • for your own personal and non-commercial use 
  • to the extent necessary for our clients and potential clients to receive and/or evaluate services offered by us. 

You must use the website and content only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the website and content. You agree that you will not remove or modify any copyright, other proprietary notices or trademarks which appear on the website or in the content.  

You must not: 

  • by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the website or any content contained on the website  
  • do anything that imposes an unreasonable or disproportionately large load on the website, or interferes or disrupts the website or any network or website connected to the website 
  • breach the security of the website, test or scan the vulnerability of the website, or make any unauthorised modifications to the website  
  • interfere with any other persons use or enjoyment of the website  
  • post, or transmit to the website any abusive, obscene, defamatory, or otherwise inappropriate material  
  • use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the website, or to reproduce or separately store or use such content  
  • use the website or any content in any way that is unlawful, illegal or breaches the rights of AGER BI or any third party, and  
  • use the website in any way that otherwise breaches these Terms. 

You may not at any time access, copy, download, rip, distribute, modify, republish, broadcast, embed into any other website, communicate to the public or otherwise use, deal with or exploit any part of the website or content without our prior written consent. Use of any tools, technologies and/or other measures to copy without permission is expressly prohibited. 

We may revoke your right to use this website at any time at our sole discretion. 

Restrictions 

You are specifically restricted from all of the following: 

  • publishing any website material in any other media 
  • selling, sublicensing and/or otherwise commercialising any website material 
  • publicly performing and/or showing any website material 
  • using this website in any way that is or may be damaging to this website, AGER BI, its staff, Intellectual Property, Goodwill and Reputation 
  • using this website in any way that impacts user access to this website 
  • using this website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity 
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website 
  • using this website to engage in any advertising or marketing. 

Cookies  

We employ the use of cookies. By using AGER BI’s website you consent to the use of cookies in accordance with AGER BI’s privacy policy. Most of the modern-day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.  

Third Party Websites, Links and Risks 

The website contains links to other websites controlled by third parties (Third Party Websites). AGER BI is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites. 

AGER BI makes no representations about the quality or accuracy of material available on Third Party Websites or that such material does not infringe the intellectual property rights of a third party. 

You acknowledge and agree that you access such third-party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend you read the privacy and terms of use policies of each third party’s website that you access. 

AGER BI is not responsible for nor assumes any liability for the contents of other websites which are linked to this website. AGER BI will have no liability in respect of material linked to its website which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable regulations as may be in force from time to time. The provision by AGER BI of a link to another website does not constitute authorisation by AGER BI to you to access materials held at that location, nor is it evidence of any endorsement by AGER BI of the material held there. 

Linking to our content 

The following organisations may link to our website without prior written approval: 

  • Government agencies 
  • Search engines 
  • News organisations 
  • Online directory distributors when they list us in the directory may link to our website in the same manner as they hyperlink to the websites of other listed businesses, and 
  • Systemwide Accredited Businesses, except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website. 

These organisations may link to our home page, to publications or to other website information so long as the link:  

(a) is not in any way misleading 

(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services, and  

(c) fits within the context of the linking party’s site. 

We may consider and approve in our sole discretion other link requests from the following types of organisations:  

  • Commonly known consumer and/or business information sources such as Chambers of Commerce 
  • associations or other groups representing charities, including charity giving sites 
  • online directory distributors 
  • internet portals 
  • accounting, law and consulting firms whose primary clients are businesses 
  • educational institutions and trade associations. 

We will approve link requests from these organisations if we determine that:  

(a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link) 

(b) the organisation does not have an unsatisfactory record with us 

(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of, and  

(d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation. 

These organisations may link to our home page, to publications or to other website information so long as the link:  

(a) is not in any way misleading 

(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services, and  

(c) fits within the context of the linking party’s site. 

If you are among the organisations listed above and are interested in linking to our website, you must notify us by sending an e-mail to info@agerbi.com.au. 

Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response. 

Approved organisations may hyperlink to our website as follows: 

  • By use of our corporate name, or 
  • By use of the uniform resource locator (web address) being linked to, or 
  • By use of any other description of our website or material being linked to that makes sense within the context and format of content on the linking party’s site. 

No use of AGER BI’s logo or other artwork will be allowed for linking absent a trademark license agreement. 

AGER BI reserves the right to withdraw linking permission without notice. 

Reservation of Rights 

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions. 

No warranties 

This website is provided “as is,” with all faults, and AGER BI expresses no representations or warranties, of any kind related to this website or the materials contained on this website. Also, nothing contained on this website shall be interpreted as advising you. 

Limitation of liability 

AGER BI does not warrant or guarantee: 

  • the accuracy or completeness of any information available on the website 
  • that access to the website will be uninterrupted or error free 
  • that any defects will be corrected immediately, or 
  • that the website will be free from viruses or other contamination. 

Except where prohibited by law, AGER BI or any of its officers, directors and employees, will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the website, including use of any information on it. You use the internet and the website at your own risk. 

In no event will AGER BI, nor any of its officers, directors and employees, or any third party licensors, shareholders, employees, directors or agents be liable to you or any other person (whether directly or indirectly) for any special, indirect, incidental, exemplary, or consequential damages, including but not limited to, lost revenues or lost profits, business interruption, loss of programs or data, whether incurred by you or a third party, which may result from your use of this website (or inability to use this website) or any other linked website.  

AGER BI accepts no liability for any interference with or damage to a user’s computer system, software or data occurring in connection with or relating to this website or its use. Users are encouraged to take appropriate and adequate precautions to ensure that whatever is downloaded from this site is free of viruses or other contamination that may interfere with or damage the user’s computer system, software or data. 

Information on this website and any products or services to which this website refers may be changed at any time without prior notice. 

Indemnification 

You hereby indemnify to the fullest extent AGER BI from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms of Use. 

Termination of Use 

You may stop using the website at any time for any reason. 

AGER BI reserves the right in its absolute discretion to suspend or terminate at any time the access to the website of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities. 

AGER BI may disclose any information we may have about a user in relation to an investigation or allegation that your use of the website is in breach of these Terms, or is in breach of law or other regulation. AGER BI reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief. 

Severability 

If any provision of these Terms of Use is found to be invalid under any applicable law, such provisions shall be removed from these Terms and the amended Terms will remain in force without affecting the remaining provisions herein. 

Any failure by AGER BI to act or enforce these Terms immediately will not be considered a waiver of AGER BI’s right to take any such action. 

Variation of Terms 

AGER BI may vary these Terms at any time, and by continuing to use the website you consent to any variations. AGER BI will not notify of these variations and it is your responsibility to regularly check these Terms for any variations.  

Entire Agreement 

These Terms of Use constitute the entire agreement between AGER BI and you in relation to your use of this website and supersede all prior agreements and understandings. 

Applicable Law 

By accessing this website, you and AGER BI agree that the statutes and laws of Australia (without regard to its conflict of laws principles) apply to all matters relating to the use of this website. If you choose to access this website from another location, you are doing so on your own initiative and you are responsible for compliance with the laws of your jurisdiction and you agree that you will not access or use the information on this website in violation of such laws.