Terms of Service

  1. Interpretation
    1. In these Terms and Conditions:
      1. “this website” means http://agilebench.com/;
      2. “we”, “us” and/or “Agile Bench” means Agile Bench Pty Ltd ACN 137 201 015; and
      3. “you” and/or “user” means any user of this website and or any purchaser of any goods and/or services in any way connected with this website.
    2. This website is owned and operated by Agile Bench.
  2. Acceptance of Terms and Conditions
    1. Your access and use of the website and all associated services [“Services”] is conditional on your acceptance of and compliance with these Terms and Conditions.
    2. You shall be deemed to have agreed to the Terms and Conditions by your continued use of and/or continued access to this website.
    3. Agile Bench may amend these Terms and Conditions at any time by posting amended terms of business on this website.
    4. You shall be deemed to have notice of any changes to these Terms and Conditions immediately any change is adopted by Agile Bench and whether or not you had actual notice of any such change and notwithstanding any other purported or pre-existing terms and conditions which might otherwise have applied.
  3. Acceptable Use
    1. You may only use this website for the purposes of:
      1. managing, contributing or reviewing a software project for your organization or your clients; or
      2. for contributing your genuine experiences as a user, customer, or relevant expert in relation to any project on the website.
  4. Intellectual Property
    1. All material on this website including but not limited to text, names, logos, images, graphics, photographs, sound, video, code, software and/or embedded content (whether or not subject to copyright, trade marks and/or any other intellectual property rights (including all moral rights) [“Digital Content”] remains the property of Agile Bench or the relevant third party which contributed such material to this website (where acknowledged).
    2. You represent and warrant to Agile Bench that any Digital Content you provide to Agile Bench:
      1. is either owned by you or that you have the owner’s written permission to use the Digital Content;
      2. is not defamatory or false to any product, service, person or corporation;
      3. is not offensive, harassing, misleading and/or deceptive;
      4. does not contain any code which may be harmful to Agile Bench, this website and/or any users of the website;
      5. does not contain advertising, promotional or marketing information of any other third party;
      6. is not “passing off” as any other product or service and/or constitutes unfair competition; and/or
      7. does not infringe any intellectual property rights including but not limited to any copyright, trade marks, moral rights and/or business names and is not in breach of any confidence.
    3. You acknowledge and agree that Agile Bench:
      1. has limited control over and is not responsible for any Digital Content placed on this website by any party;
      2. has no control over and is not responsible for any Digital Content placed on any websites linked to this website;
      3. may remove any Digital Content from the website at any time without ramification; and/or
      4. shall be entitled to rely on the accuracy of all information provided by any party on the website without independently verifying it.
      5. all information, including but not limited to estimates and forecasts, are not legally binding or guaranteed to be correct.
    4. Trademarks and/or patents in use by Agile Bench including but not limited to Agile Bench™, http://agilebench.com/™, “Continuous Delivery”™, the Agile Bench logo and all algorithms in use by Agile Bench from time to time remain the exclusive property of Agile Bench.
  5. Restrictions on Use
    1. Agile Bench reserves the right to change or discontinue any feature of this website. You may not copy, reproduce, publish, frame, post, upload, distribute, transmit and/or modify, in any way, any part and/or all of the material contained on this website, unless expressly authorized in writing by Agile Bench.
    2. You may not use any of the information on this website for the purposes of sending or distributing SPAM emails and/or any other form of unsolicited correspondence without the prior written consent of Agile Bench.
    3. This website is only available to and may only be used by persons who are able to form legally binding contracts. Without limiting the foregoing, this website is not available to and may not be used by persons under 18 years of age.
    4. Agile Bench reserves the right in its sole discretion to prohibit or restrict access to this website to any person.
  6. Interference
    1. You shall not do or permit any act or thing directly or indirectly that has the effect of:
      1. interfering in any way with this website, any business or activity of Agile Bench and/or the activities of any member or user of this website; and/or
      2. copying, modifying, using and/or damaging any part of the software or code of this website.
    2. You agree to notify us immediately you become aware of any damage to the website being sustained or threatened.
    3. You shall not do or permit any act or thing directly or indirectly that has the effect of exposing this website or Agile Bench to any:
      1. malicious and/or damaging code;
      2. computer viruses, trojan horses, worms and the like;
      3. tracking, monitoring or spyware programs; and/or
      4. software which may effect any financial transaction and/or compromise the security of the website.
  7. Transactions and Purchases
    1. Payment shall be made by credit card, debit card or PayPal account without deduction immediately upon placing an order on http://agilebench.com/.
    2. You agree:
      1. to limit any claim to the cost of replacement goods or supply of equivalent goods and/or services;
      2. that Agile Bench shall not be liable for:
        1. any claim, loss or expense which is made after 7 days from the date of delivery of goods and/or services - after which there shall be deemed to have been unqualified acceptance;
        2. any loss and/or damage in respect of any property and/or premises;
        3. any loss and/or damage resulting directly or indirectly from any act and/or omission of Agile Bench and/or any of Agile Bench’s agents;
        4. any consequential loss and/or any special and/or punitive damages through any fault of Agile Bench or otherwise;
        5. any errors or omissions resulting from your failure to sign off on any of the services;
        6. any claim in any way caused and/or contributed to by you and/or any third party;
      3. that these Terms and Conditions shall prevail to the extent of any inconsistency with any other agreement, representation and/or warranty;
      4. not to cancel any order without Agile Bench’s prior approval;
      5. not to return goods:
        1. without Agile Bench’s prior approval;
        2. if goods are not in the same condition as supplied by Agile Bench; and
        3. if 7 days or more have passed since delivery;
      6. not to return any goods which have been custom made, custom processed or custom acquired;
      7. that Agile Bench shall be entitled to charge for any work performed up to the date of any cancellation;
      8. that any refunds shall be at the discretion of Agile Bench management;
      9. that if any dispute arises concerning any order (including any question of identity, authority or any phone, fax or computer generated order) the internal records of Agile Bench shall be conclusive evidence of what was ordered;
      10. that each order placed shall be and be deemed to be a representation by you made at the time that you are solvent and able to pay all debts as and when they fall due; and
      11. that when placing any order you shall inform Agile Bench of any facts which might reasonably affect acceptance of the order by Agile Bench and/or any grant of credit and that any failure to do so by or on behalf of you shall be deemed to create an inequality of bargaining position, be deemed to constitute the taking of an unfair advantage of Agile Bench and to be unconscionable, misleading and deceptive.
    3. Agile Bench may supply by installments and/or withhold or cancel supply without ramification where:
      1. you are in breach of these Terms and Conditions; and/or
      2. Agile Bench has any safety concerns.
    4. You agree:
      1. that Agile Bench may elect to arrange delivery at its discretion in a method and/or format of Agile Bench’s choosing without any liability and at the cost and responsibility of you in all things;
      2. that you shall be deemed to have accepted delivery and liability for goods on and from the date that goods are delivered or on being notified by Agile Bench that goods are ready for collection and/or being delivered to a carrier or to your business premises whether attended or not;
      3. that a certificate signed by an officer of Agile Bench confirming delivery, any signed delivery docket and/or the internal email records of Agile Bench shall each be conclusive evidence of delivery;
      4. that Agile Bench shall not be liable for delay, failure or inability to deliver any goods;
      5. to pay for so much of any forward order as Agile Bench invoices from time to time;
      6. that no delay or failure to fulfill any part of any order shall entitle you to cancel or vary any order or delay or reduce any payment; and/or
      7. to pay Agile Bench for any demurrage or other costs and expenses in handling and/or holding any goods once ready for delivery and/or collection.
    5. In the absence of a binding scope of works all sales are made at the price nominated by Agile Bench at the time of delivery.
    6. Prices exclude government imposts (including any GST or equivalent) and/or any out-of-pocket expenses (including all web-hosting, delivery, travel and courier costs) levied by other service providers (unless Agile Bench otherwise agrees in writing).
    7. To be binding any variation or cancellation of these Terms and Conditions or any order must be approved by Agile Bench in writing.
    8. If Agile Bench publishes material concerning its goods, services and/or prices anything so published which is incompatible with these Terms and Conditions is unless otherwise stated expressly excluded.
    9. You shall rely on your own knowledge and expertise in selecting any goods and/or services for any purpose and any advice and/or assistance given by or for Agile Bench shall be at your risk and shall not be or be deemed to be given as expert or adviser nor to have been relied on by you or anyone claiming through you.
    10. All goods are sold subject to all applicable trading terms, warranties and representations of the relevant Vendor.
  8. Disclaimer and Indemnity
    1. Agile Bench makes no representation(s) and/or warranties:
      1. in respect of the accuracy, reliability, completeness or timeliness of any Digital Content contained in this website; and/or
      2. that this website will operate free from error or that this website and/or its host server are free of computer viruses and other harmful effects.
    2. You acknowledge and agree that all Digital Content on the website may contain errors and/or omissions and that you rely on and use any such material and/or information strictly at your own risk.
    3. Agile Bench makes no warranty with respect to any Digital Content on this website and you acknowledge and agree that to the fullest extent permitted by law all warranties whether express or implied by law and/or in any way relating to the use of, reliance on, access to or non-access to this website are by this clause expressly excluded.
    4. Agile Bench shall not be responsible nor liable for:
      1. paying and/or obtaining any necessary judicial, statutory, government and/or utility fees, expenses, orders, approvals, permits and/or licenses;
      2. any failure to comply with any special requirements of you or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any goods and/or services or otherwise);
      3. any loss or damage arising out of any failure by Agile Bench to meet any time stipulation required by you; and/or
      4. supporting the services with advice, training, error correction, modification and/or installation of updates, new releases enhancements and/or otherwise.
    5. Agile Bench shall not be liable for any goods and/or services:
      1. utilized, stored, handled and/or maintained incorrectly or inappropriately; and/or
      2. manufactured and/or supplied by any other party.
    6. You agree to:
      1. check for compliance with all applicable laws, standards and/or guidelines before use, on-sale and/or application of all goods and/or services;
      2. comply with all applicable laws, standards and/or guidelines and with all recommendations and/or directions made and/or given by Agile Bench and/or by any Vendor; and
      3. act in accordance with good practice at all times.
    7. Except to the fullest extent permitted by law Agile Bench, its directors, officers, employees, agents, suppliers and/or any third parties mentioned on this website shall not be liable for any loss and/or damage (including, without limitation, incidental and consequential damages and/or lost profits) resulting from your use of, access to and/or inability to use and access this website and/or Digital Content.
    8. You indemnify Agile Bench and/or its directors, officers, employees, agents and/or, suppliers from any and all damages (including legal costs on an indemnity basis) sustained as a result of any breach by you of these Terms and Conditions.
  9. Termination and Breaches
    1. The Terms and Conditions are effective until terminated by Agile Bench.
    2. Agile Bench may proscribe your access to this website at any time without notice in which event, you shall no longer be authorized to access this website and all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions shall survive.
    3. On default or breach of any part of these Terms and Conditions by you Agile Bench may inter alia terminate any contract, retain all monies paid, cease further deliveries and/or provision of services, recover all lost profits and/or at its discretion take immediate possession of any goods not paid for without prejudice to any other rights and without being liable in any way to any party.
      1. you agree not to commence or continue or permit to be commenced or continued through you any suit or action against Agile Bench while you are in default under any part of these Terms and Conditions or in any of your dealings with Agile Bench.
      2. you agree to indemnify Agile Bench for all fees and expenses payable to solicitors, mercantile agents and other parties acting on behalf of Agile Bench in respect of anything instituted or being considered against the you whether for debt, possession of any goods or otherwise (including all legal costs on an indemnity basis).
      3. Agile Bench may apply any payment in reduction of fees, interest and/or any principal debt in such order of priority as Agile Bench in its discretion deems appropriate.
  10. Governing law
    1. These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria as nominated by Agile Bench from time to time.