Terms & Conditions

Publique Agency Pty Ltd

Terms & Conditions

Publique Agency Pty Ltd

Welcome to Publique Agency: This website is governed by the following Terms & Conditions.

1.      Acceptance

Welcome to publiqueagency.com or another web site operated by Publique Agency Pty Ltd.

By accessing, browsing, or using the site (“use”), all users and viewers (and anyone who has authorised the user and/or viewer to act on his/her behalf–collectively, “you,” “you,” “user,” or “user”) represent that they are over 18 years of age and acknowledge acceptance of the terms and conditions listed in these terms of use. If you do not accept the terms and conditions listed in these terms of use, please do not use the site.  The operator of this site   (“Publique Agency”) reserves the right to update these terms of use from time to time in its sole discretion. You should review this notice periodically for updates and changes. Each time you use this site, your agreement to be bound to these terms of use, and to the privacy policy, is renewed, which includes any modified Terms and Conditions.  Additional terms of use may apply when you are accessing a local site. Please review the site you are accessing for additional terms.

2.      Ownership/license of Publique Agency site content

We are the owner or licensee of all of the content contained on the site (which includes, without limitation, all graphics, text, images, photographs, videos, illustrations, and the design, selection and arrangement thereof).   The site is protected by copyright and/or trademark and/or other proprietary intellectual property rights, which are owned or licensed by us, and are protected under Australian and International Intellectual Property Laws.

By using the site you acknowledge that you do not acquire any ownership rights to the site or any of its contents. Publique Agency grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the site solely for your personal and non-commercial use for yourself. All materials displayed or made available on the site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and html code,  (collectively, the “site material”) are the exclusive property of Publique Agency, its clients or licensors. The site materials are protected by Australian and International Copyright Laws and any other applicable Intellectual Property rights, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the site material, or (ii) use the site material on other web sites or in any media, e.g., social media or networking environment, without Publique Agency’s prior written consent. All Publique Agency or client trademarks, service marks, and logos (the “marks”) displayed on the site are exclusive property of Publique Agency or its respective clients. You shall not use the marks in any manner without the prior written consent of Publique Agency.

3.      User license/code of conduct

On the site, we may host a forum, blog, chat area, message board or other function in which you may post your own content or interact with others (“forum”).  By posting any content on the site you grant Publique Agency the perpetual, royalty-free right and license to publish and distribute the content throughout the world on and in connection with the site and forum and in any other media you may not use the site, or if you participate in any forum within the site, you must not and agree not to:

  1. Violate any local, state, and federal rules, regulations and statutes, including, but not limited to Australian export laws and regulations, anti-discrimination, or equal opportunity employment laws;
  2. Infringe any intellectual property, publicity and/or privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
  3. Upload, post, transmit, or store any material that:
    1. Is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, objectionable, abusive, vulgar, hateful, sexually explicit or which discloses private or personal matters concerning any person;
    2. You do not have the right to upload, post, transmit or store, or that breaches any of your contractual or confidentiality obligations;
    3. Disrupts or interferes with the normal operations of the site, such as posting or transmitting viruses, continuous posting of repetitive materials, posting any abnormally large file or other material, or transmitting any file that permits unauthorized access to the site or Publique Agency’s systems; or
    4. Are not permitted by Publique Agency, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials.
    5. Violate others’ privacy rights or personal rights through use or abuse of the site materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting others’ personal information;
    6. Breach or attempt to breach any security measures of the site;
    7. Use any device, process, or mechanism to monitor, retrieve, search, or access the site, site material or other data or content without Publique Agency’s systems or network without Publique Agency’s prior written consent;
    8. Copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any site materials, except for materials that have been submitted and are owned by you;
    9. Post or submit any inaccurate, false, misleading or incomplete information, including your resume, biographical data, or employment information, and any information contained therein;
      1. Impersonate any person or entity;
      2. Forge any header information in any electronic posting or mail; or
      3. Misrepresent yourself, your affiliation with any third party, or your entity.
      4. Omit material information related to your connection with any product, person or entity.
      5. Gather any email addresses or other personal information that has been posted by other users of the site for marketing or for commercial or other improper purposes;
      6. “frame” or “mirror” the site, or any part thereof; or
      7. Use any automatic means (e.g. Robot, spider, offline reader, the site search/retrieval application or other manual or automatic device or process) to (a) retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the site or its contents or (b) to make multiple and repetitive inquiries to access, reload or “refresh” transactional event or ticketing pages.  The only exception relates to  public search engines used solely to create publicly available search indices (which we may revoke such rights at any time in our sole discretion).

4.      User profiles

The site may present you with opportunities to create a user profile.   If you do so, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify Publique Agency if there is any unauthorized use of your account or any breach of security.

5.      Links to third parties/framing

The site may have links, such as hyperlinks or buttons, directing access to third parties web sites (“linked sites”). The linked sites are not controlled or monitored by Publique Agency. Publique Agency shall not be responsible for any materials, information, or content posted on the linked sites. The inclusion of the linked sites on the site does not imply any relationship or association between Publique Agency and the owner of the linked sites or any endorsement or sponsorship by Publique Agency of the linked sites. Publique Agency includes the linked sites solely for your convenience. You are solely responsible for your access of the linked sites. You shall use your own judgment, caution, and common sense in using the linked sites.  You may not, without our prior written permission, frame or inline link any of the content of the site, or incorporate into another website or other service any site material, content or intellectual property.

6.      Privacy

Publique Agency collects, uses and discloses information collected by and through this site in accordance with the privacy policy. By accepting these terms of use, and each time you use the site, you consent to use and disclosure of such information in accordance with the privacy policy. Please click for more details regarding our Privacy Policy.

7.      Indemnification

You agree to indemnify, defend, and hold Publique Agency, its clients, their respective shareholders, officers, directors, agents, and employees and licensors, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your use of the site, or your violation of any terms and conditions of these terms of use.

8.      Eligibility / other agreements

The site is made available to you, provided that you can form legally binding agreements under applicable law. The site is not available to minors. If you are a minor, you may not use the site. If you do not agree with each provision of these terms of use, or you are not authorized to agree to and accept this notice, you may not use the site. These terms of use are in addition to and supplement any written agreements that you or any persons you represent have with Publique Agency, now or in the future. These terms of use constitute the entire agreement regarding your use of the site. In the event of any inconsistency or conflict between the provisions of this terms of use and any such other agreement, the provisions of this terms of use shall govern your access to and use of the site.   You agree to execute any additional documents or take any other steps necessary in order to fulfil these terms of use, including, but not limited to, if you are the member of any union which may regulate your ability to enter into agreements with respect to your creative work, executing a waiver of any such provisions, restrictions or limitations. If you are submitting on behalf of a team, you understand that Publique Agency may require all members of your team to register with Publique Agency or to execute additional documents and that if all team members do not execute the requested documents, Publique Agency may, in its discretion, determine that your team is ineligible.

9.      Disclaimer

Your use of the site is at your own risk. The site is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by Publique Agency to the fullest extent permitted by law. There will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage. You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to use the site. The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the site may be affected by numerous factors beyond Publique Agency’s control. The operation of the site may not be continuous or uninterrupted, secure or private. Publique Agency will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by Publique Agency to give effect to, or for any failure or delay by Publique Agency in receiving, accessing, processing or accepting any communication sent to Publique Agency by means of the site or email, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the site or email services. Without limiting the generality of the foregoing, Publique Agency makes no representation, warranty or condition that: (a) the site will be compatible with your computer and related equipment and software; (b) the site will be available or will function without interruption or will be free of errors or that any errors will be corrected; (c) the site will meet your requirements; (d) the information contained in the site or derived from the site will be accurate, complete, sequential, or timely; (e) certain or any results may be obtained through the use of the site; (f) the use of the site, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms, or other destructive or disruptive components; or (g) the use of the site will not infringe the rights (including intellectual property rights) of any person; and Publique Agency disclaims any and all liability regarding such matters to the fullest extent permitted by law.

10.    Liability and limitations of liability

You agree to assume all risks associated with, arising out of, or resulting from your use of the site or the submission and use of the site and any site materials, including, but not limited to, the risks of financial loss, physical harm, property damages, dealing with other users of the site, strangers, minors, or foreign nationals, and persons acting under false pretence. You further agree to release Publique Agency, its shareholders, officers, agents, and employees, harmless from all claims, demands, damages (direct, indirect, and consequential) of any kind or nature, known or unknown, associated with, arising out of, or resulting from your usage of the site, site  materials, any transactions related to or resulting from your use of the site. You further understand and agree that Publique Agency, its clients, their respective  shareholders, officers, agents, employees, and suppliers in no event shall be liable for any direct, indirect, consequential, incidental, special damages, or damages for loss of profits, goodwill, revenue, data, or use, incurred by you or any third party, whether in an action in contract, tort, or breach or failure of warranty, even if Publique Agency has been advised of the possibility of such damages. In the event some jurisdictions prohibit the exclusion of certain warranties, the limitation of liability, or the disclaimer of certain damages, Publique Agency’s aggregate liability for any damages shall not exceed AUD$100.

11.    Termination

Publique Agency has the right, in its sole discretion, to terminate any services of the site and remove any site materials from the site. Publique Agency may also terminate your access to any part or all of the services provided by Publique Agency on the site at any time, with or without cause or notice, for any reason.

12.     Notice of copyright infringement.

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the site in a manner that constitutes copyright infringement, please inform us by sending written notice by registered mail to the address below. The notice must comply with the digital millennium copyright act (and international intellectual property law, where applicable), and include, among other things, the following information as set forth;

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
    3. Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
    4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

13.    General

You agree that there is no employment, partnership, agency, joint employer or joint venture relationship between you and Publique Agency or its clients arising out of or resulting from your use of the site. These terms of use are governed by the laws of the state of Victoria, Australia, without giving effect to any principles of conflict of laws.  You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the Courts of Victoria, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  The site may be hosted in the Australia or another country, and should not be accessed from any location where it would violate local laws to do so.  Recognising the global nature of the internet, you agree to comply with all local rules regarding online conduct.  Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the country in which you reside to anywhere in the world. Publique Agency does not warrant that this site (or the use thereof) will be lawful from where you access the site.   Wherever you view, access, submit, or download materials to and from the site you will be solely responsible for all your actions and assume all risks. You may not use or export any materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, Australian export laws and regulations and/or those of your country of residence or the country from which you access the site. The failure or delay by either party to enforce the terms of these terms of use shall not be deemed as a waiver of such term.

Questions & Complaints:

Should you have any questions or complaints about our Terms & Conditions, please address your enquiries to:

Legal Officer
Publique Agency Pty Ltd
e: legal@publiqueagency.com
p: +61 3 8593 7565
a: 302/521 Toorak Road, Toorak VIC 3142