These Terms of Use cover our website located on the web via the domain https://agimon.ai/ and include all of the files located in that domain and on our app (our website and app are collectively referred to as "this site" in these Terms of Use).
By accessing this site, you agree to be bound by these terms of use ("Terms of Use"). These Terms of Use constitute a binding agreement between you and Agimon and govern your use of this site.
As part of these Terms of Use, your use of this site is also subject to our Privacy Policy (located at agimon.ai/privacy-policy), which is incorporated by reference into these Terms of Use.
If you are under 13 years of age, you cannot use this site. By using this site you represent and warrant to Agimon that you are over the age of 13 years.
Should Agimon suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to Agimon at law or in equity, Agimon reserves the right to, without notice: temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:
remove or block access to any information and/or materials (in whole or in part) that Agimon, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms of Use.
You indemnify and hold harmless Agimon and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
any material or information that you submit, post, transmit or otherwise make available through this site;
your use of, or connection to, this site; or
your negligence or misconduct, breach of these Terms of Use or violation of any law or the rights of any person.
Agimon reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you will be issued with a username and authentication token to access your account.
You are responsible for maintaining the security of your password for this site.
Agimon will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation.
You agree that Agimon will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify Agimon immediately of any known or suspected unauthorised use of any password or any other breach of security.
In order to register an account with this site, you must agree to these Terms of Use and provide Agimon with:
a valid email address and phone number;
accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
any other information that may be required by Agimon during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to Agimon that all information provided to Agimon by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
One person may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.
Agimon reserves the right to accept or reject any application for registration of an account with this site at its discretion.
Order constitutes offer
By making purchases through this site, you make an irrevocable offer to us to purchase the products/services that you have selected pursuant to these Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products/services to you – however, Agimon will endeavour to supply your selected products/services to you.
We will not commence processing any order made through this site unless and until:
payment for the order has been received by us in full; and
the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
at any time prior to your order being accepted in accordance with these Terms of Use, cancel all or part of your order; and at any time:
Acceptance of each order will take place if and when Agimon: in the case of digital items, either:
Agimon reserves the right to change the prices for products/services displayed in this site at any time before you place an order.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment for orders placed through this site may be made: by credit card processed online using secure Stripe payment gateway; via direct bank deposit by electronic funds transfer (EFT).
Agimon uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as "Stripe" for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/).
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.
Except as expressly provided otherwise in these Terms of Use, all amounts paid through this site are non-refundable. Further information on the steps that Agimon will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Terms of Use below.
While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Agimon.
Agimon may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Agimon considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
This site includes an online portal that allows third parties to advertise goods and/or services and to upload information and other content directly to this site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
any loss or damage that results from any dealings that you may have with such third parties.
We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this site or the content of any third party websites.
We are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy.
These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive.
Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
You acknowledge that Agimon does not:
check the truth or currency of any of the material or information that third parties provide or make available through this site;
control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this site or whose identities become known to you through this site, including suppliers of content that is published or made available in or through this site;
offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by Agimon to you or otherwise become known to you through this site.
You are solely responsible for your interactions with suppliers listed on this site and Agimon is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.
If you believe that any supplier from which you have purchased any goods or services through this site has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. Agimon will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Agimon AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, Agimon and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
this site will meet your requirements or expectations;
anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
the quality of any products, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
errors or defects will be corrected; or
this site or the servers that make it available are free of viruses or other harmful components.
To the maximum extent permitted by law, Agimon and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms of Use or the use of this site by you or any other person.
To the maximum extent permitted by law, Agimon and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Agimon's sole discretion): in the case of goods, to any of the following:
You agree that your use of this site is at your own discretion and risk.
You agree to release Agimon and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms of Use or the use of this site by you or any other person. Agimon may plead this release as a bar and complete defence to any claims or proceedings.
To the maximum extent permitted by law, and without limiting any other provision of these Terms of Use, Agimon excludes liability for any delay in performing any of its obligations under these Terms of Use where such delay is caused by circumstances beyond the reasonable control of Agimon, and Agimon shall be entitled to a reasonable extension of time for the performance of such obligations.
In these Terms of Use, the term "Proprietary Content" means: this site;
all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
all software, systems and other information owned or used by Agimon in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).
All Proprietary Content is the property of Agimon or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms of Use or with the prior written consent of Agimon or other copyright owner (as applicable).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Agimon’s logo and the phrases "Agimon" and "Your Club Community Together In One Simple App" are trademarks of Agimon. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Agimon. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Agimon.
In these Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback. This site contains some features that enable you and other users to upload User Content. Agimon reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
represent and warranty to Agimon that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
grant to Agimon a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Agimon’s absolute discretion.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing.
Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material.
If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable.
If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
In these Terms of Use, the following rules of interpretation apply:
headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms of Use;
these Terms of Use may not be construed adversely against Agimon solely because Agimon prepared them;
the singular includes the plural and vice-versa;
a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
Agimon may provide any notification for the purposes of these Terms of Use by email and/or by adding the notification into your user control panel.
Except as specifically provided in these Terms of Use, each party must bear its own legal, accounting and other costs associated with these Terms of Use.
You may not assign, transfer or sub-contract any of your rights or obligations under these Terms of Use without Agimon's prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
Agimon may assign, transfer or sub-contract any of its rights or obligations under these Terms of Use at any time without notice to you.
Waiver of any power or right under these Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver.
Any failure by Agimon to act with respect to a breach by you or others does not waive Agimon's right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these Terms of Use are severable and, if any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Agimon reserves the right to amend these Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately.
Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products/services offered through this site.
You may only vary or amend these Terms of Use by written agreement with Agimon.
These Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
use this site by any automated means;
use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this site;
do anything that leads, or may lead, to a decrease in the value of Agimon's intellectual property rights in this site;
use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Agimon without Agimon's prior written consent; or
use this site to transmit any information or material that is, or may reasonably be considered to be: