Please read the following statements carefully, as they address the rules of engagement between you, the user of this website, and us, the provider of this website.
This Website is owned and operated by The Brightside Agency Pty Ltd. The following Terms and Conditions of Service govern your use of this site and all other The Brightside Agency Pty Ltd Sites and products, some of which (but not all) are listed herein.
For the purpose of this agreement and for ease of use, any reference to “the Company” shall be a reference to The Brightside Agency Pty Ltd and any reference to “the Website” shall be a reference to any and all websites owned by the Company, their respective products, and their employees and agents.
The websites include, but are not limited to: thebrightside.agency
By accessing this Website and any of the Company’s properties, you are acknowledging and accepting these Terms of Service for all of the Company’s properties.
(a) Welcome to https://thebrightside.agency (the 'Website'). The Website digital marketing services (the 'Services').
(b) The Website is operated by The Brightside Agency Pty Ltd(ABN 85 607 255 970). Access to and use of the Website, or any of its associated Products or Services, is provided by The Brightside Agency Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) The Brightside Agency Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Brightside Agency Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Brightside Agency Pty Ltd in the user interface.
(a) In order to access the Services, you must first register for an account through the Website (the 'Account').
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(c) You warrant that any information you give to The Brightside Agency Pty Ltd in the course of completing the registration process will always be accurate, correct and
up to date.
(d) Once you have completed the registration process, you will be a registered
member of the Website ('Member') and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with The Brightside Agency Pty Ltd; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
(a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other person
may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify The Brightside Agency Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Brightside Agency Pty Ltd providing the Services;
(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of The Brightside Agency Pty Ltd;
(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by The Brightside Agency Pty Ltd for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
(a) Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
(i) Electronic funds transfer ('EFT') into our nominated bank account
(b) All payments made in the course of your use of the Services are made using Xero. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Xero terms and conditions which are available on their website.
(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
(d) You agree and acknowledge that The Brightside Agency Pty Ltd can vary the Services Fee at any time.
The Brightside Agency Pty Ltd will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of The Brightside Agency Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
(a) The Website, the Services and all of the related products of The Brightside Agency Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by The Brightside Agency Pty Ltd or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by The Brightside Agency Pty Ltd, who grants to you a worldwide, non- exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in
your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial
The Brightside Agency Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by The Brightside Agency Pty Ltd.
(c) The Brightside Agency Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a thing, system or process),
(d) You may not, without the prior written permission of The Brightside Agency Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) The Brightside Agency Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk.
Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of The Brightside Agency Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of The Brightside Agency Pty Ltd) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of The Brightside Agency Pty Ltd; and
(iv) the Services or operation in respect to links which are provided for your convenience.
(d) Earnings and Typical Results
From time to time, we may recommend services and products to help you enhance your own business and operations. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to or from this Website. We do so with responsibility to only recommend products or services we believe will benefit you.
Every effort has been made to accurately represent information and it’s potential. There is no guarantee that you will earn any money using the techniques and ideas available through this Website. Examples on our Website are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our products, services, ideas and techniques. We do not purport that any information we make available will provide you with a “Get rich scheme.”
You specifically acknowledge and agree that your use of this Website and our services are at your own risk. Anything available via this Website may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via the Website.
While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on this Website, for any purpose, to the maximum extent permitted by applicable law, anything contained on this Website is provide “as is” without warranty or condition of any kind.
By using “The Company’s” Websites, you acknowledge and agree that any information or advice provided by us does not constitute financial, legal, or health advice or advice of any other regulated industry, nor does it create a warranty of any kind and you acknowledge that you should consult an appropriate professional for specific advice tailored to your personal situation.
By using this and all of the Company’s Websites, you release its owners from any liability with regards to the information or what you choose to do with it.
This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or our services.
(e) Third Party References / Hyperlinks
Any of the Company’s sites may link you to other sites on the Internet, and may hold comments and opinions of people not employed by the Company. These sites and comments may contain information or material that some people may find inappropriate or offensive.
These other sites, comments and the people who are making them are not under the control of the Company, and you acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such content does not imply endorsement of the site by or any association with its operators (Company).
If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. Products and/or services purchased through third-party websites are subject to the Terms and Conditions of such other parties and their websites, and the Company or any of its agents shall have no liability or responsibility theretofore.
(a) The Brightside Agency Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that The Brightside Agency Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(a) The Terms will continue to apply until terminated by either you or by The Brightside Agency Pty Ltd as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) providing The Brightside Agency Pty Ltd with 30 days' notice of your
intention to terminate; and
(ii) closing your accounts for all of the services which you use, where The
Brightside Agency Pty Ltd has made this option available to you.
Your notice should be sent, in writing, to The Brightside Agency Pty Ltd via the 'Contact Us' link on our homepage.
(c) The Brightside Agency Pty Ltd may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any
(ii) The Brightside Agency Pty Ltd is required to do so by law;
(iii) the provision of the Services to you by The Brightside Agency Pty Ltd is, in
the opinion of The Brightside Agency Pty Ltd, no longer commercially viable.
(d) Subject to local applicable laws, The Brightside Agency Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Brightside Agency Pty Ltd's name or reputation or violates the rights of those of another party.
You agree to indemnify The Brightside Agency Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Perth, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Services offered by The Brightside Agency Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Questions about the Terms of Service should be sent to us via firstname.lastname@example.org