Terms and Conditions (“T&Cs”)

Terms Of Use

These Terms govern the way visitors use the Agent Best Practice (“ABP”) website (“Site”). These Terms applies to all Users and Members of all Services offered by ABP

Description of Services

ABP provides checklist creation and management tools (known on this page as “Service(s)”). Users of the Service (from here on known as “Users”, “Members” or “Registrants” also understand that the Service may include certain communications from us, such as service announcements, new feature announcements, administrative messages and survey invitations and that these communications are considered part of ABP registration, membership and paid subscriptions. Any new features that augment or enhance the current Service shall be subject to these Terms of Use.

User data

  1. All data you input into the ABP Site including information on your clients will not be freely provided and or supplied to any third parties. We do not, under any circumstances, sell either your Email Data or your Email Contacts’ Personal Data. Only authorised employees have access to view User Data.
  2. We are the sole owner of information collected on ABP Site (including any metadata). We collect information only as necessary to fulfill the purposes set forth in the Privacy Policy and we will only use this information as described in the Privacy Policy. We may combine any or all of this data with other information we collect about you. We may view, copy, and internally distribute content from your emails and account to provide customer support.
  3. As you use the Service, you may import into our system Personal Data of yourself or that of other individuals. We have no direct relationship with the third parties added to the Product or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of, the Terms or your use of this site.
  4. By using this Site and/or registering with us you agree to abide by the T&C’s and our Privacy Policy (Terms) set out in this Agreement. If you do not agree to abide by these Terms do not use this Site. If any provision of the T & C’s is held to be invalid, the remainder of the Terms shall continue in full force and effect.
  5. This Agreement is governed by and in accordance with the laws of New South Wales, Australia and the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, AUSTRALIA. Any legal matters arising will commence and conclude within the jurisdiction of the NSW Courts.
  6. You assume all responsibilities and obligations, both statutory and contractual as they apply in your country of residence, with respect to the use of our services and the use of any information derived either directly or indirectly from it and for any decisions taken or advice given as a result of, the use of our services or any applications of the information provided through its use.
  7. ABP makes no claim as to the accuracy of the content contained on this Site.  ABP does not accept liability for any information or advice provided on the Site or incorporated into it by reference, nor does ABP accept any liability for loss or damages incurred by any person as a result of using this site, reliance placed upon the content of this site or any other information incorporated by reference.
  8. ABP makes no representation as to the accuracy of any other aspect of the information contained on servers linked to this Site via hyperlinks from this Site. The information on this Site is provided on the basis that all persons accessing the Site take responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk.

Email Subscription Agreement

By signing up for ABP you agree to subscribe to our email list, and receive emails regarding new features, promotions, service interruptions, and email newsletters. You can unsubscribe for this at any time, and still remain a member.

User Conduct

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these T&C’s or any other purpose not reasonably intended by ABP. We do our best to keep our Site safe, which includes the following commitments:

  1. You agree to not make, share or publish any checklist with the intent to spam or gain SEO-friendly links.
  2. You will not collect users’ content or information, or otherwise access ABP using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You agree to not upload viruses or other malicious code.
  4. You agree to not solicit login information or access an account belonging to someone else without their permission.
  5. You agree to not bully, intimidate, or harass any user.
  6. You agree to not post content that: is hateful, threatening, or pornographic.
  7. You agree to not use Agentbestpractice.com.au to do anything unlawful, misleading, malicious, or discriminatory.
  8. You agree to not do anything that could disable, overburden, or impair the proper working of ABP Site.
  9. You may not reverse engineer, decompile or disassemble our services or any associated written material accompanying or produced by it. If you believe that any content has been posted or transmitted on the Site or otherwise transmitted to any person registered with the Site by any other means, in violation of your rights, please send us an email to info@agentbestpractice.com.au

Registration and Account Security

ABP users provide their real names and information, here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on ABP or create an account for anyone other than yourself without permission.
  • If we disable your account, you will not create another account without our permission.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password or do anything else that might jeopardise the security of your account.
  • If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate.

Refund Policy

Refunds are at our discretion, and we reserve the right to refuse to refund payments once you have been billed. We shall do our best to respond to any requested refunds in a timely manner.

Warranties

ABP makes no representations or warranties, express or implied, with respect to our services, its medium, any written material accompanying it, or produced by it, its use, suitability, reliability, accuracy, performance or results, its merchantability, or fitness for a particular purpose, title and non-infringement.

Limitation of Liability

In no circumstance whatsoever event will ABP be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including however not limited to, damages for loss of checklists, tasks, profits, goodwill, use, data or other intangible losses (even if ABP has been advised of the possibility of such damages),

Resulting from:

  • The use or the inability to use the Service;
  • The cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service;
  • Unauthorised access to or alteration of your transmissions or data;
  • Statements or conduct of any third party on the service; or
  • Any content posted on the Site or transmitted to Registrants or Members; or
  • Any inaccurate or out-of-date content produced by the tools or published in the guides or blog, or Site; or
  • Any other matter relating to the Service. Notwithstanding any provision to the contrary, ABP liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to ABP in the twelve (12) months prior to the claimed injury or damage.

Checklist Removal Policy

We reserve the right to remove, or deactivate any checklist or checklist template that we feel violates our “User Conduct” policy or these Terms.

If you feel your checklist has been removed or deactivated in error, please email support@agentbestpractice.com.au

Electronic Communication & Storage

As part of undertaking our Services we may communicate with you and others by email.

Email communications sent without encryption can be intercepted and may be read by a third party. Other potential risks include non-delivery or failure to read an email in a timely manner.

You agree to indemnify and release us from all claims arising from the use of email in our communications in undertaking our Services. You also agree that any email addresses provided to us have appropriate restrictions in respect to your confidentiality requirements.

In the interest of facilitating our services to you we may communicate by sending data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors secured portals or clouds. Electronic data that is confidential to you may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data. In using these data communication and storage methods, we employ measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with our obligations under applicable laws. You recognise and accept that we have no control over the unauthorised interception or breach of any communications or data once it has been sent or has been subject to unauthorised access, notwithstanding all reasonable security measures employed by us or our third party vendors, and consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers.

We will take all reasonable precautions to ensure that any electronic data that contains your private information is securely stored and that any email transmissions are protected and are not able to be intercepted by third parties. However, we cannot be held liable for any loss that you might incur as a consequence of any third-party intervention that accesses, procures or copies any data that contains your private information from any medium or device we use to store or transmit such information.

In the event that, despite ABP having taken reasonable precautions to securely store your private information, you suffer any losses arising from unauthorised cyber-activity, you agree to forever release us from any claim for your losses.

Dispute Resolution \ Complaints

If you have a complaint about our services, we ask that you contact support@agentbestpractice.com.au. We will work with you to help resolve your complaint as quickly as possible.

Expert determination will be conducted in accordance with the Australian Commercial Disputes Centre guidelines.

If a dispute of claim arises between ABP and you during the engagement, then the parties will confer to attempt to resolve the dispute within thirty (30) days of notification by any party to the others of the claim or dispute.

If after exhausting the procedures as set out in the preceding paragraph, the parties do not resolve the dispute or claim arising out of this engagement, then such a dispute of claim must be resolved by expert determination conducted in accordance with the Australian Commercial Disputes Centre Limited (“ACDC”). Expert determination will be conducted in Sydney. For the purposes of the expert determination, any party of this engagement may refer the matter to the ACDC but must give written notice to the other parties of this within seven (7) days of writing to or contacting the ACDC. Subject to other provisions of this engagement, the expert’s determination will be final and binding on the parties.

Intellectual Property Rights

All content, software, and materials provided through the Site are the intellectual property of ABP or its licensors. Users are granted a limited, non-exclusive, non-transferable license to access and use the Service. You may not reproduce, distribute, modify, or create derivative works from any content without express written permission.

Indemnification Clause

You agree to indemnify and hold harmless ABP, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses arising out of your use of the Service, your violation of these Terms, or your infringement of any rights of another.

Force Majeure

We shall not be held liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labour strikes, internet failures, or governmental restrictions.

Other

These Terms of Use will remain in full force and effect while you use the Service and/or are a member. You may cancel your membership at any time, for any reason. ABP may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to us.


All decisions regarding the termination of accounts shall be made at the sole discretion of ABP We are not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. ABP Agent Best Practice Pty Ltd reserves the right to refuse service to anyone for any reason at any time.

Severability & Waiver

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining terms.

No waiver by ABP of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Changes to Terms

ABP has the discretion to update these T&C’s at any time. When we do, we will post a notification on the main page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Terms periodically and become aware of modifications.

Conflicts of Interest

We may act for clients who may compete with you. Naturally, we will continue to represent those clients or new clients in.

We also have an obligation to ensure that we manage conflicts of interest as they arise. In this regard, we have arrangements in place to ensure that we manage potential or actual conflicts of interest. The effective operation of these arrangements depends, in part on you complying with your obligations to disclose to us facts that could give rise to perceived or actual conflicts of interest.

Requests for Services

Subject to instructions from you to the contrary, we will respond to written or verbal requests for advice from you or any of your staff.

Termination

If this agreement is terminated by either party, you will be required to pay our subscription fees, and for expenses and disbursements incurred up to date of termination.

Confidentiality

Information acquired by us during the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other third parties except as required or allowed for by law, or with your express consent.

In appropriate cases, we may engage third parties to assist us to provide some or all of the Services to you. These third parties may be located outside of Australia. When engaging third parties to assist us with the provision of Services, we may disclose to those third parties’ information in relation to your affairs. That information may include confidential information and information otherwise protected pursuant to Privacy Act 1988. By agreeing to these terms, you expressly consent to our disclosure of your information including confidential information and information otherwise protected under the Privacy Act 1998 to third parties for the purpose of assisting us to provide the Services.