Last updated: January 2024
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and agile-peak ("Company", "we", "us", or "our"), concerning your access to and use of the agile-peak.com website as well as any related applications.
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.
The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the Site, you represent and warrant that:
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
By submitting a service enquiry or booking request through our website, you are making an enquiry to engage our garden care services. This enquiry does not constitute a binding contract until we have provided a formal quote and you have accepted it.
All service descriptions and pricing displayed on the Site are indicative only. Final pricing will be confirmed in your personalised quote based on your specific property and requirements.
We reserve the right, but not the obligation, to:
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
These Terms shall be governed by and defined following the laws of New South Wales, Australia. agile-peak and yourself irrevocably consent that the courts of New South Wales shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity, or termination, shall first be attempted to be resolved through good faith negotiation between the parties.
If the dispute cannot be resolved through negotiation within thirty (30) days, either party may refer the dispute to mediation in Sydney, Australia. If mediation fails to resolve the dispute within sixty (60) days, either party may commence legal proceedings.
The Site is provided on an "as-is" and "as-available" basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof.
We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site and we will assume no liability or responsibility for any:
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of your use of the Site.
These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
agile-peak
42 Greenfield Avenue
Sydney NSW 2000
Australia
Email: [email protected]