TERMS
PUBLIQUE AGENCY PTY LTD
Thank you for reading this post, don’t forget to subscribe!Effective Date: 22 August 2025
These Terms apply to the websites, digital properties and online services operated by PUBLIQUE AGENCY PTY LTD (“PUBLIQUE AGENCY PTY LTD”, “we”, “us” or “our”). PUBLIQUE AGENCY provides public relations, communications, marketing, creative, media, brand, event and strategic services.
Please read these Terms carefully before using the Website.
1. Acceptance of Terms
These Terms govern access to and use of the Website and any website, landing page, digital property, online feature or service operated by the entity identified above (collectively, the “Website”). By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.
These Terms apply in addition to any specific terms, campaign rules, purchase terms, donation terms, client agreement, licence, statement of work or other written agreement that applies to a particular transaction or service. If there is a conflict, the more specific written agreement controls to the extent of that conflict.
2. Eligibility and Capacity
You must have legal capacity to enter into these Terms. If you use the Website on behalf of a company, organisation or other person, you represent that you are authorised to bind that person to these Terms. Where a minimum age or parental consent requirement applies by law, you may use the relevant feature only if that requirement is satisfied.
3. Changes to the Website and Terms
We may modify, suspend, restrict, replace or discontinue any part of the Website and may update these Terms from time to time. The version posted on the Website will apply prospectively from its stated effective or updated date. Material changes may also be communicated by other reasonable means where required by law.
4. Privacy, Cookies and Communications
Our Privacy Policy forms part of the framework governing use of the Website and explains how personal information may be collected, used, disclosed, retained and protected. The Website may use cookies, pixels, analytics and similar technologies as described in the Privacy Policy or applicable cookie notice.
Telephone, video, voice and other communications may, where lawful, be monitored, recorded, transcribed, summarised or otherwise documented for business, security, quality, compliance, recordkeeping, evidentiary and legal purposes.
5. Website Content and No Reliance
Website content is provided for general information and may be changed without notice. Although we may take reasonable steps to maintain accurate information, we do not warrant that all content is complete, current, error-free or suitable for every purpose.
You are responsible for evaluating information before acting on it and for obtaining independent professional advice where appropriate. Nothing on the Website creates a fiduciary, professional, advisory, employment, partnership, agency or other relationship unless expressly established by a separate written agreement.
6. Agency Services and Client Relationships
Viewing the Website, submitting an enquiry, receiving a proposal or communicating with PUBLIQUE AGENCY PTY LTD does not create an agency-client, adviser-client or fiduciary relationship. A client relationship arises only through a written agreement accepted by PUBLIQUE AGENCY PTY LTD, such as an engagement letter, master services agreement, statement of work or other authorised contract.
Unless a written client agreement expressly provides otherwise, Website descriptions of services, capabilities, pricing, timelines, case studies or outcomes are illustrative and do not constitute a binding offer or guarantee.
7. Public Relations and Media Outcomes
Public relations, media, publicity, marketing, reputation and communications outcomes depend on third parties and market conditions outside our control. PUBLIQUE AGENCY PTY LTD does not guarantee media coverage, publication, audience response, search ranking, social performance, commercial results, awards, endorsements, placements or any specific outcome unless expressly stated in a signed agreement.
8. Client, Media and Third-Party Materials
Names, logos, campaigns, quotations, press coverage, publications, talent, media outlets, clients and other third-party materials shown on the Website remain subject to the rights of their respective owners. Their appearance does not necessarily imply endorsement of PUBLIQUE AGENCY PTY LTD. Case studies and portfolio materials may be abbreviated, illustrative or presented with client-approved limitations.
9. Unsolicited Pitches and Creative Materials
Do not send confidential business plans, campaign concepts, creative works, pitches, scripts, treatments, music, inventions or other proprietary material unless requested or protected by a written confidentiality agreement. Unsolicited material may resemble work independently developed by PUBLIQUE AGENCY PTY LTD or its clients, and receipt does not create confidentiality, exclusivity or compensation obligations.
10. Acceptable Use
You may use the Website only for lawful purposes and in accordance with these Terms. You must not interfere with the Website, compromise its security, misuse its content or use it in a manner that infringes another person’s rights.
11. Prohibited Conduct
Without limitation, you must not: attempt unauthorised access to systems or accounts; introduce malware or malicious code; scrape, crawl, harvest or systematically extract data except as expressly permitted by law or written consent; circumvent technical controls; impersonate another person; submit unlawful, defamatory, deceptive, infringing, abusive or harmful material; use the Website to facilitate fraud or unlawful conduct; reverse engineer protected functionality except where a non-excludable law permits it; overload or disrupt infrastructure; or use Website content to train, fine-tune, benchmark or develop artificial-intelligence or machine-learning systems without prior written permission where such restriction is lawful.
12. Intellectual Property
Unless otherwise stated, the Website and its content—including text, graphics, logos, designs, photographs, video, audio, software, layouts, databases, trade dress, names, marks and other materials—are owned by or licensed to us and are protected by intellectual-property and other laws.
No ownership rights are transferred to you. Except for temporary technical copies necessary to access the Website and any rights expressly granted in writing, you may not reproduce, republish, modify, adapt, distribute, sell, license, publicly perform, publicly display, communicate, exploit or create derivative works from Website content without prior written permission or another lawful basis.
13. Trademarks, Names and Branding
Names, logos, trade marks, service marks and branding displayed on the Website may be protected rights of us, our affiliates, clients, partners or third parties. Use of a mark on the Website does not grant a licence to use that mark. You must not use our names, marks, logos or branding in a way that suggests endorsement, affiliation or authorisation without prior written consent.
14. User Submissions and Feedback
If you voluntarily submit content, comments, materials, ideas, feedback or other information through a feature intended to receive such submissions, you represent that you have the necessary rights to provide it and that it does not violate law or third-party rights.
Unless we expressly agree otherwise in writing, unsolicited submissions are not confidential and do not create an obligation to review, compensate, develop or use them. You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt and communicate a submission to the extent reasonably necessary to respond to it, administer the relevant feature, protect legal rights or use feedback to improve our operations, subject to applicable law and our Privacy Policy.
15. Third-Party Sites and Services
The Website may link to, embed or integrate third-party websites, platforms, payment processors, ticketing services, social networks, media players, maps, stores or other services. Third parties operate under their own terms and privacy practices. We do not control and are not responsible for their availability, security, accuracy, content, products or conduct merely because we link to or integrate them.
16. Artificial Intelligence and Automated Features
The Website or our operations may use artificial intelligence, automation, transcription, recommendation, analytics or other technology-assisted tools. Automated or AI-assisted material may contain errors or limitations and should not be treated as professional advice or a guaranteed statement of fact unless expressly confirmed by an authorised person.
17. Promotions, Surveys and Events
Contests, promotions, surveys, voting, events or campaigns may be subject to additional rules or eligibility requirements. Those specific rules form part of the applicable terms for that activity. Where lawful and disclosed in the applicable rules, information about winners or participants may be published or used for administration and publicity.
18. Security
You are responsible for maintaining the security of any device, credentials or account used to access the Website. You must promptly notify us if you become aware of unauthorised access affecting a Website account or feature. No internet service is completely secure, and we do not guarantee uninterrupted or error-free operation.
19. Electronic Communications
You consent to receiving notices, disclosures and other communications electronically where permitted by law. Electronic communications satisfy any requirement that a communication be in writing to the extent permitted by applicable law. Marketing communications are subject to applicable consent, unsubscribe and opt-out requirements.
20. Enforcement, Safety and Legal Process
We may preserve, investigate, use or disclose information and take reasonable action where we believe it is necessary to enforce these Terms or another agreement; protect our rights, property, systems, personnel, clients, users or the public; prevent fraud, abuse or security threats; investigate misconduct; comply with law, legal process or governmental requests; or establish, exercise or defend legal rights. Any such action remains subject to applicable law and our Privacy Policy.
21. Suspension and Termination
We may restrict, suspend or terminate access to the Website or a feature where reasonably necessary because of a breach of these Terms, security risk, unlawful conduct, non-payment, misuse, legal requirement, operational necessity or discontinuation of a service. Rights and obligations that by their nature should survive termination—including intellectual-property, confidentiality, payment, disclaimer, limitation, indemnity and dispute provisions—survive.
22. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM WARRANTIES, REPRESENTATIONS AND CONDITIONS NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY OR RESULTS, TO THE EXTENT THEY MAY LAWFULLY BE DISCLAIMED.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, condition, right or remedy that cannot lawfully be excluded, restricted or modified.
23. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSS, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, DATA, GOODWILL OR REPUTATION, ARISING FROM OR RELATING TO THE WEBSITE, EVEN IF THE POSSIBILITY OF SUCH LOSS WAS KNOWN.
Where liability cannot be excluded but may lawfully be limited, liability is limited to the minimum remedy or amount permitted by applicable law. These limitations do not apply to liability that applicable law prohibits us from excluding or limiting.
24. Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless the entity, its affiliates and their respective officers, directors, employees and contractors from third-party claims, liabilities, damages, costs and reasonable legal fees arising from your unlawful use of the Website, your material breach of these Terms or your infringement of another person’s rights. This indemnity does not apply to the extent a claim results from our own unlawful conduct or to the extent the indemnity is prohibited by applicable law.
25. Mandatory Consumer Rights
Nothing in these Terms is intended to exclude or limit rights that cannot lawfully be excluded. If Australian Consumer Law applies, statutory consumer guarantees and remedies remain available to the extent required by the Competition and Consumer Act 2010 (Cth). If another jurisdiction gives you mandatory consumer protections, those protections continue to apply notwithstanding a contrary provision in these Terms.
26. Copyright and Rights Complaints
If you believe material on the Website infringes copyright, trade mark, privacy, publicity or another legal right, contact us with sufficient detail to identify the material, the right concerned and the basis of your request. We may request additional verification and may remove or restrict material where appropriate without admitting liability.
27. Severability
If any provision of these Terms is held invalid, unlawful or unenforceable, it will be interpreted or severed to the minimum extent necessary, and the remaining provisions will continue in effect.
28. No Waiver
A failure or delay in enforcing a provision is not a waiver of that provision or any other right. A waiver is effective only if given expressly by an authorised person.
29. Assignment
You may not assign or transfer rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, reorganisation, financing, sale of assets, corporate restructuring or transfer of the Website or relevant business, subject to applicable law.
30. Entire Agreement
These Terms, the Privacy Policy and any additional terms expressly incorporated by reference constitute the agreement governing general use of the Website. They do not replace a separately executed contract governing paid services, donations, purchases, employment, licensing, investment or another specific relationship.
31. Governing Law and Jurisdiction
These Terms are governed by the laws of the Victoria, Australia, without regard to conflict-of-law rules, except to the extent mandatory law requires otherwise. Subject to mandatory rights and any written client agreement, courts located in Victoria, Australia, have exclusive jurisdiction over disputes arising from these Terms.
32. Contact
Questions about these Terms may be directed to PUBLIQUE AGENCY PTY LTD using the contact details published on the Website. Privacy enquiries should be directed in accordance with the Privacy Policy available on the Website.
legal@publiqueagency.com