CONTRACT BUILDER TERMS OF USE
Thank you for visiting our website. This website is owned and operated by Guest Work Agency Pty Ltd (ACN 629 820 284).
By purchasing and using our Contract Builders, you agree to these Contract Builder Terms of Use (Contract Builder Terms), as well as our general Terms of Use and our Privacy Policy (General Terms).
You should review our Contract Builder Terms, General Terms and our Privacy Policy carefully and immediately cease using our website and our Contract Builders if you do not agree with our terms. These Contract Builder Terms were last updated on 9 February 2024. We may update these Contract Builder Terms from time to time and will post any revised terms on this web page.
In these Contract Builder Terms, 'us', 'we' and 'our' means Guest Work Agency and our related bodies corporate.
1. Collection Notice
We collect personal information about you when you purchase and use our Contract Builders.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communications suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide your purchased Contract Builder product or related services to you to you.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy.
We may also disclose your personal information to recipients that are located outside of Australia, including to information technology suppliers and communications suppliers located in the United States of America.
Our Privacy Policy explains:
(i) how we store and use, and how you may access and correct your personal information;
(ii) how you can lodge a complaint regarding the handling of your personal information; and
(iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@guestworkagency.com.
2. Legal advice
Your purchase and/or use of a Contract Builder does not automatically give rise to a solicitor/client relationship with us. Any instructions or information provided by us to you, whether on our website or as part of using a Contract Builder is for informational and educational purposes only.
Once you complete the questions prompted by a Contract Builder, the populated document will automatically be sent to us for a conflict check and review. A legal solicitor/client relationship with us will only be triggered when the final agreement document has been approved by us and sent back to you. The final agreement document which has been approved by us and sent back to you will constitute legal advice, unless we expressly provide to you otherwise.
3. Linked sites
Our Contract Builders may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
4. Liability
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the purchase and/or use of a Contract Builder or a linked website. You must take your own precautions to ensure that your purchase and use of a Contract Builder is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to:
your purchase of, or use of a Contract Builder;
the inaccessibility of a Contract Builder or our related services;
downloading or otherwise accessing the final agreement document which has been approved by us and sent back to you; or
the fact that certain information in a Contract Builder or that we otherwise share with you is incorrect, incomplete or not up-to-date.
5. Accuracy, completeness and timeliness of the Contract Builder
While we use all reasonable attempts to ensure the accuracy and completeness of our Contract Builders, including the information provided to you and the questions asked, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information provided to you and the questions asked.
We may, from time to time and without notice, change or add to our Contract Builders (including these Contract Builder Terms) or the information or services related to it. However, we do not undertake to keep the Contract Builders updated. We are not liable to you or anyone else if errors occur in the information provided to you on the Contract Builders or if that information is not up-to-date.
6. Purchasing guarantees
In Australia, our Contract Builders come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Contract Builder Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
7. Purchases and payments
You may purchase a Contract Builder via our website. A Contract Builder can be purchased by an Australian citizen or a registered Australian entity only. The prices of Contract Builders are published on the individual product webpages. We may update these prices from time to time without telling you.
When purchasing a Contract Builder, you purchase one use of the Contract Builder, meaning that you receive one legally binding document per purchase. We offer a discount for any subsequent purchases of the same Contract Builder. To receive your discount code please email us at info@guestworkagency.art.
We use third party online payment gateways Stripe and Fiserv (facilitated by Artspay) in order to process and accept the following payment methods: Visa, Mastercard, American Express, Discovery and Apple Pay.
8. Discounts
From time to time, we may offer discounts on our Contract Builders. Discount codes are not transferable and cannot be redeemed for cash under any circumstances.
9. Refunds
Due to the unique nature of our Contract Bots and related services, refunds cannot be provided, unless agreed with us in writing under exceptional circumstances, or guaranteed under Australian Consumer Law.
10. Currency & taxes
All Contract Builders are advertised in Australian dollars and will be billed in Australian dollars. Goods and Services Tax (GST) is included in the purchase price.
11. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in our Contract Builders and in all of the material (including the final agreement document approved by us and sent to you as well as all text, graphics, logos, audio and software) made available to you by our Contract Builders (Content).
Your purchase of a Contract Builder and/or use of and access to a Contract Builder does not transfer any rights, title or interest to you in relation to the Contract Builder or the Content. However we do grant you a non-exclusive, non-transferable licence to access and use the Contract Builder and the Content on the terms and conditions set out in these Contract Builder Terms. You may not share, assign or transfer any Contract Builder or its benefits to any other person, including trying to re-sell, copy, transmit electronically or otherwise use a Contract Builder in whole or part in any way without our express written authorisation and/or our third-party licensors.
Any reproduction or redistribution of our Contract Builders or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of our Contract Builders, Content or any part of them is prohibited, except to the extent permitted by law.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, exploit, create derivative works or adaptations from, transfer, or sell any of our Contract Builders, Content you or our related services. We reserve the right, in our sole discretion, to accept or refuse to provide the Contract Builders, the final agreement document or our related services to you at any time for any reason.
12. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Contract Builders, Content or our related services, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using our Contract Builders, Content or our related services to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to our Contract Builders any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
13. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our Contract Builders, Content or related services, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that our Contract Builders and Content will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to our Contract Builders, any Content, or any feature of our related services at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
14. Jurisdiction and governing law
Your purchase and use of our Contract Builders is governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
Last updated on 9 February 2024
