Welcome to the Terms of Service of the Art of Communication! The websites, located at www.artofcomms.com and all of its subdomains (the “Websites”) and the mobile applications (the “Apps”) and all the services there available (both the Apps and Websites referred to together herein as the “Platform”) are owned, run and operated by SK Communications Pty Ltd (referred to herein as “ART OF COMMS” or “us” or “we” or “our”), a company existing and incorporated in accordance with the laws of the Commonwealth of Australia, owner of the trademark ART OF COMMS. These Terms Conditions of Service (the “Agreement”) shall be construed as a binding legal contract between the User of the Apps and the Websites (“you”, “your” or “User”) and ART OF COMMS. By your access and use of the Platform, you state to have read and that you agree with the terms and conditions of this Agreement, and any modification thereof. If you should disagree in part or in whole with this Agreement, we ask you to please immediately stop using the Platform, discontinue any access to the Websites and uninstall any Apps. 

THE WEBSITES, THE APPS AND THE SERVICES, REGARDLESS OF ANY SPECIFIC PARTS WHICH MAY BE PAID OR FREE OF CHARGE, ARE NOT MEDICAL ADVICE OF ANY KIND NOR DO THEY INTEND TO BE. ANY CONTENT, PERSONAL ADVICE OR TUTORING AVAILABLE THROUGH THE PLATFORM IS NOT AND MAY NOTE BE INTERPRETED AS MEDICAL PROFESSIONAL ADVICE, SUBSTITUTION OF TREATMENT OF DIAGNOSIS OF ANY KIND. WE RECOMMEND USERS ALWAYS REQUEST MEDICAL HELP FROM A LICENSED PHYSICIAN OR ANY OTHER QUALIFIED MEDICAL SERVICE PROVIDER, REGARDING ANY ILLNESS OR MEDICAL CONDITION. 

• SCOPE OF SERVICES

1.1 Subject to your compliance and abiding with the terms and conditions of this Agreement, by means of the Platform users are granted access to videos, documents, photographs, graphics, pictures, infographics, and other media available (the “Content”) related to tutorship and guidance in the field of public speeches, presentations and oratory in general (altogether the “Services”). The Services intend to provide users with specific knowledge. Results and desired effects of the Services may vary from person to person. For all purposes of use, downloading and interaction with the Platform, Users shall be solely responsible and liable for any costs of access, internet connection quality, and other services which be required by the Services. As part of the Content may be high quality videos, ART OF COMMS strongly advices you keep control of data flow on your internet services provider’s network; a WiFi connection is not considered mandatory to use and access the Services, but it is highly recommended. 

1.2 IF YOU ARE A USER OF THE CORPORATE VERSION OF THE ART OF COMMS APP, IN ORDER TO USE THE SERVICES AND MAKE SOME PURCHASES YOU MAY NEED TO DOWNLOAD THE REGULAR VERSION OF THE ART OF COMMS APP AS WELL. THIS MAY IMPLY TO REPEAT THE REGISTRATION PROCESS. ADDITIONALLY, ON SOME DEVICES YOU MAY NEED TO TAKE ADDITIONAL STEPS TO AUTHORIZE THE DOWNLOADING OF THE CORPORATE VERSION OF THE APP; SUCH STEPS MAY VARY BETWEEN iOS AND ANDROID USERS. 

• ELIGIBILITY

2.1 Access and use of the Services are allowed only by individuals of at least 16 years or more. Although there is no Content displayed which is exclusively for adults, it is advised that if any Users are construed to be minors in their own jurisdiction, parents and/or guardians must authorize and oversee their activities.

2.2 Individuals representing companies or other type of entities must have full authority to enter into this Agreement. In such case the term “User” shall extend to such companies

2.3 Users shall also not be eligible if their account was previously suspended or banned. 

2.4 Users shall furthermore not be eligible to use and benefit from the account if the services are considered illegal or otherwise infringe on any regulation in their jurisdictions. 

• USER ACCOUNTS, PROFILES AND PAYMENTS

3.1 Accounts are authenticated either by Google Play and/or Apple App Store, or, if you are a User of the Corporate Version of the App, other third-party app distributors and by ART OF COMMS itself, whichever applies (the “App Stores”). ART OF COMMS does not control the App Stores in any way. The safekeeping of such account and its passwords and usernames is the sole responsibility of the Users. Subject with their compliance of this Agreement, every User may access and interact with other users through their profiles and comments. Users shall be fully responsible of their profiles, and the comment which come from their accounts. 

3.2 The Platform shall, from time to time, and as ART OF COMMS deems fit, offer special Services and Content for Users to purchase. Such purchases are processed through the App Stores, and ART OF COMMS does not store or process any payment data. ART OF COMMS retains the sole right to, at their sole discretion, and without and previous warning, change, amend, increase or decrease the prices and the available Services and Products. If you previously made a purchase such changes may not apply to you. All Users should make sure to use a valid and authorized payment method when purchasing content and/or services on the Platform. 

3.3 Whenever a User is prompted to, User states to provide true and verifiable information to ART OF COMMS at all times. The breach of this sub-section 3.3 may result in suspension and/or definitive ban of the User’s account.

3.4 Any taxes payable for any purchase made on the App shall be the User’s sole responsibility. 

• END USER LICENSE

4.1 Always pursuant to the User’s abidance of the Terms and Conditions of this Agreement, ART OF COMMS grants User a non-exclusive, non-transferable, license to download, install, and use one copy of the App on a User controlled and owned interactive wireless device.

4.2 FOR APPLE APP STORE USERS ONLY; To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. Users hereby state to understand and acknowledge that the terms and conditions of this Agreement which govern the App are between ART OF COMMS and User only, and that the Apple is not a part, nor does Apple have any kind of liability or responsibility of the Content, the Services and the Platform of this App, or of the ART OF COMMS Website. Any use, downloading and activities available thereon shall be compliant with the App Store Terms of Services available and accessible at the Apple App Store. Apple shall not be obligated in any way to furnish any support and maintenance services in respect of this App, or any Apps available on the App Store. Apple may refund any amounts of any purchases Users made on the App, if any warranties of the App are breached; for this to occur Users must contact and notify Apple. Apple shall not have any further obligations respect of the App and shall not be liable to User or ART OF COMMS for any legal claims, losses, costs, damages, expenses or other events related to the Apps. All warranties shall derive exclusively from these terms and conditions, and any failure in performance or to provide compromised services shall be not be attributed to Apple. Both, User and ART OF COMMS state to understand and furthermore acknowledge that Apple shall bear no responsibility for attending or addressing any claims of Users, or any third parties, related to the downloading and use of any mobile applications available on the App Store; the aforementioned includes App failures, product liabilities and legal claims which derive out of the download and use of the App from applicable laws and regulations. Any claimed third-party copyright infringement shall be processed only by ART OF COMMS in accordance with the terms and conditions of this Agreement, and no claims shall be made in relation to such infringements to Apple. Apple, and their subsidiaries shall be construed as third-party beneficiaries of this Agreement and may execute or enforce the terms agreed on herein against any user as such third-party beneficiary. 

4.3 Some provisions of the before stated sub-section 4.2 may apply to Google and Google Play users, by analogy, as long as the provisions are compatible with their own terms and conditions of service. 

• FORBIDDEN USE

Users are to abide and comply with these Terms at all times, when accessing, visiting or navigating through the Website. Additionally, Users may not:

1. Breach the terms and conditions of this these Terms of Use.
2. Frame the Website or App.
3. Mirror the Website or App.
4. Attempt to make copies of, reproduce or otherwise clone the Website, its contents, databases, trademarks and any other parts of it, unless authorized in writing by ART OF COMMS.
5. Try to upload or other form infest the server with virus, spyware, malware or any other harmful software.
6. Try to access ART OF COMMS Website through a backdoor, creating one, or attempt to access as anything different than a user. 
7. Place links to third party websites without proper written authorization by ART OF COMMS.
8. Enter for display any information which is untrue or is in other ways misleading and unauthorized.
9. Pretend or impersonate a Legal Professional of any kind, nationality or authority, when you do not hold proper license or legal authority to do so.
10. Upload or transmit for listings or other purposes Media over which you have no right of use or license to.
11. Aid or assist a third party in any of the aforementioned prohibitions.

Breach of this Section will result in immediate suspension or even permanent ban from your Account and listing.

• REFUND POLICIES

Subject to specific provisions of the terms and conditions of service of the App Stores, all the sales made in-app are construed to be final, and no refunds shall be issued, notwithstanding what the specific policy on refunds of the App Stores may be.

• USER GENERATED CONTENT (UGC) AND BEHAVIOR

UGC DISCLAIMER: ART OF COMMS SHALL NOT EXPLOIT THE UGC, EVEN WHEN ART OF COMMS HAS BEEN LICENSEDD (or HAS?) A LICENSED (LICENCE?)  TO DO SO; UGC IS STORED AND DISPLAYED ON THE WEBSITE APP (DO YOU MEAN APP?) ONLY AS DETERMINED AND DECIDED BY USER AND TO ENABLE ART OF COMMS TO PROVIDE THE SERVICES. THE UGC MAY BE DELETED OR AMMENDED BY THE ART OF COMMS AT ANY TIME PURSUANTY TO A REQUEST MADE BY THE UPLOADING USER, OR BY ANY ENTITLED DATA SUBJECT. USER’S UGC MAY BE DELETED BY ART OF COMMS AT ANY TIME PURSUANT TO THE REQUEST OF THE UPLOADING USER (Does that mean if a User requests we remove any or all of their content?),  OR AUTOMATICALLY BY THE PLATFORM AND THE SERVERS TO KEEP THE SERVICES RUNNING SMOOTHLY. MAKE SURE YOU MAKE A COPY OF ANY OF YOUR UGC (should we add here, using a screen recording option?) AND STORE IT YOURSELF, AS YOUR UGC MAY BE AUTOMATICALLY DELETED  (should we simply repeat here, TO KEEP THE SERVICES RUNNING SMOOTHLY, as opposed to AFTER A REASONABLE AMOUNT OF TIME, as what constitutes a reasonable amount of time could be debatable?) PURSUANT TO SERVER STORAGE LIMITATIONS AND APPLICATION AND DATABASE MAINTENANCE AFTER A REASONABLE AMOUNT OF TIME, OR WHEN THE SERVICES HAVE BEEN PROVIDED AND YOUR UGC IS NO LONGER REQUIRED BY ART OF COMMS., AND AFTER DELETION TAKES PLACE ART OF COMMSWE  MAY NOT BE ABLE TO RECOVER IRT (what is IR, or should that be IT?). (What is meant by WHEN THE SERVICES HAVE BEEN PROVIDED, AND ART OF COMMS MAY NOT BE ABLE TO RECOVER IR, is it one item of consideration or does the comma between PROVIDED and AND mean it is two areas of consideration? If it one area of consideration does it mean that the passage of time or a technical issue may mean that their UGC may be lost/non-recoverable?)..

7.1 User shall be the only party responsible for any images, texts, data, pictures, photographs, sound and/or video files (together the “UGC”) that the Useruser uploads through the Platform to the App or the Websites, or that User transmits to other Users or to ART OF COMMS itself, for the provision of its available services. User warrants to ART OF COMMS that; i) no third-party copyright or other rights are being infringed by the sharing, posting or sending of any of their UGC, for example; ii) that they either own or are fully authorized to share the UGC and to license it to ART OF COMMS in accordance with these terms and conditions; and iii) the UGC is not abusive, obscene, profane, sexually oriented, racist, harassing, violent, inaccurate, defamatory. When the UGC is aimed to interact with other users or with ART OF COMMS officials, employees or agents, the UGC may not be false, inaccurate or in any other manner misleading. If User becomes aware that the UGC becomes any of the aforementioned, User must immediately notify ART OF COMMS and make any necessary amendments. 

7.2 User states to understand that there is no possible technological or natural way for ART OF COMMS to control the UGC, to pre-screen it, or otherwise monitor it. Therefore, we shall not be liable for any UGC posted by its Users, and all Users state to be using the Services and the Platform at their own risk. From time to time UGC may not be accurate and be offensive, due to no fault of ART OF COMMS, the company which owns it. Users may inform ART OF COMMS of any inaccurate or offensive UGC on their profiles or other User’s profiles. ART OF COMMS may, at their own discretion, and under no obligation whatsoever, remove and stop UGC from being displayed on the App or the Websites. 

7.3 User also states to understand that any of their UGC may be displayed publicly on the app or on other websites or applications accesible through the Internet, due to reasons out of the reasonable control of ART OF COMMS; may be displayed publicly on the App or on the Website; therefore, care is recommended when uploading or sending UGC to other Users and to ART OF COMMS.

7.4 User hereby grants ART OF COMMS a perpetual, non-exclusive, royalty-free, worldwide, irrevocable license, including any rights to sublicense, use, store, distribute, track, transmit, publicly display, broadcast, creative derivative works of and perform, digitally perform, reproduce, and use and commercially exploit any UGC that you upload through the Platform or send to ART OF COMMS for theany provision of purchased services, and limited by the terms and conditions of this Agreement. 

7.5 Additionally, User grants ART OF COMMS an irrevocable and unconditional right to use and exploit the User’s real name, username, likeness and other information related to the UGC and in connection thereof and the account of such User, without requiring further authorization or any other obligation to User. User also waives any rights to moral rights or to attribution they may have to any UGC they uploaded or sent to ART OF COMMS.

7.56 When interacting with other Users, either in comment or messaging, Users are prohibited to impersonate another person or entity, promote illegal activities, promote hate, racism, sexism, or other forms of discrimination against anyone founded on gender, sexual preference, religion, politic affinity, race, ethnicity, culture, nationality and other forms of disrespectful interaction with other users or with ART OF COMMS. Breach of this Sub-section may result in immediate and perpetual ban. All comments on other Users profiles must attempt to be constructive and non-destructive or insulting. Even so, Users understand that no other User is obligated to make positive comments on their profile. 

7.67 USERS STATE THAT THEY UNDERSTAND THAT ANY UGC USERS POST ON THEIR PROFILES OR ANYWHERE ELSE ON THE APPS MAY BE SEEN BY THEIR CONTACTS OR OTHER APP USERS; THEREFORE, USERS ARE HIGHLY RECOMMENDED TO CONSIDER ANY UPLOADS THEY MAKE AND HAVE AN INFORMED EXPERIENCE WHILST INTERACTING WITH THE PLATFORM. USERS FURTHERMORE STATE TO ACCEPT THAT OTHER USERS MAY, FROM TIME TO TIME, COMMENT ON THEIR UGC, PROFILES OR OTHER PARTS WHICH THE PLATFORM AND THE SERVICES ALLOW THEM TO; USERS UNDERSTAND THAT ART OF COMMS CANNOT CONTROL THEM, HOWEVER, ALL USERS ARE INCENTIVIZED TO REPORT ANY CONDUCT WHICH BREACHES THIS AGREEMENT, APPLICABLE LAWS AND REGULATIONS OR OTHERWISE BEHAVIOR WHICH MAY BE FROWNED ON. REPEAT MISCONDUCT BY A USER MAY RESULT IN IMMEDIATE ACCOUNT SUSPENSION OR DEFINITIVE BAN. 

• MODIFICATIONS 

ART OF COMMS shall keep all rights to modify, discontinue, terminate or otherwise change the Platform and the Services available thereon, including the Websites, whenever they deem fit and without previous notice to User. Any modifications or change of this Agreement and its amended provisions shall be updated here, and User hereby fully authorizes ART OF COMMS to be notified of such changes and amendments to the email processed by the related App Store. ART OF COMMS shall interpret that the continued use of the Platform and access to the Websites and Services is an acceptance of the changes and/or amendments made to this Agreement. Users may disagree with any changes and/or amendments, but the only recourse available to them shall be the right to stop and cease to access the Services and the Platform altogether. This shall also apply to sections and Content of the Platform which have been purchased. 

• NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY ANY RELEVANT FUTURE OR PRESENT LAW, THE PLATFORM AND ANY SERVICES AVAILABLE ON SUCH PLATFORM ARE PROVIDED BY ART OF COMMS SOLELY ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND ART OF COMMS HEREBY DISCLAIMS AND MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OF THE USE, MISUSE, OR INABILITY TO USE THE APP, THE PLATFORM, AND ANY AVAILABLE INFORMATION AND SERVICES THEREON, EITHER IN WHOLE OR TORT OR PART. ADDITIONALLY, ART OF COMMS DOES NOT WARRANT THAT THE PLATFORM AND SERVICES ARE IN ANY WAY ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED. FURTHERMORE, NO WARRANTY IS EXTENDED REGARDING THE COMPLETENESS, ACCURACY, DESIRED RESULTS AND EFFECTS OF THE APPS AND THE SERVICES. USERS ARE SOLELY RESPONSIBLE FOR THE RESULTS AFTER THE USAGE OF THIS APP, AND NO GUARANTEE OF ITS RESULTS IS ISSUED BY ART OF COMMS TO ANYONE, INCLUDING ANY PAID CONTENT, AND THE USE AND PURCHASE OF FEATURES AND SERVICES OF THE APP IS MADE AT SOLE RISK OF THE USER. IN CASE ANY SPECIFIC STATE, PROVINCE OR COUNTRY DO NOT ALLOW ANY OF THESE DISCLAIMERS OR THE WAIVING OF WARRANTIES, THE AFOREMENTIONED IN THIS SECTION MAY NOT APPLY TO YOU, THE USER.

NO WARRANTY IN RELATION OF ANY LISTED ITEMS IS MADE BY ART OF COMMS, AND THE LISTING USER SHALL ASSUME ALL LIABILITY FOR DAMAGES AS A RESULT FOR A UNSUITABLY, UNTRUE, FALSE, MISLEADING, DECEITFUL OR WRONG DESCRIPTION OF THEIR LISTED ITEM, REGARDLESS OF HAVING THE INTENTION TO DO SO OR NOT.

• LIMITATION OF LIABILITY

ART OF COMMS SHALL NOT BE LIABLE IN THE EVENT OF ANY OCCURRENCE WHICH RESULTS IN ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE APP OR THE PERFORMANCE OF ANY CONTENT WHICH MAY BE AVAILABLE ON THE PLATFORM OR THE CONDUCT OF OTHER APP USERS (WHETHER ONLINE OR OFFLINE, EVEN IF ART OF COMMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER ASSUMES TOTAL RESPONSIBILITY AND ABSORBS ALL LIABILITY FOR USER’S ACCESS AND USE OF THE APP AND THE PLATFORM. THE ONLY REMEDY AVAILABLE TO USER AGAINST ART OF COMMS IS TO STOP USING THE PLATFORM AND THE SERVICES ALTOGETHER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE CUMULATIVE LIABILITY OF ART OF COMMS ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT BE MORE THAN THE TOTAL AMOUNT PAID TO ART OF COMMS. LAST PARAGRAPH MAY NOT APPLY TO YOU IF IN YOUR STATE OR COUNTRY SUCH LIMITATION OF LIABILITY IS NOT PERMITTED BY LAW.

• TERMINATION AND SURVIVAL

This Agreement may be terminated by either one of the participating parties, notwithstanding what may be determined in other sections of this Agreement. Such termination may occur without a specific cause, whenever they deem fit. Whenever the termination made by User, User shall not be allowed to continue to use the Platform and to access the Services. There are some provisions in this Agreement which are meant to survive due to their nature and shall therefore survive the termination referred to in this Section. These Sections include, but are not limited to, disclaimer of warranties, limitations of lability, indemnification, severability and other such sections as may be required by ART OF COMMS. If User’s account is suspended or permanently banned, the User shall not have the right to any kind of refunds for purchases made from the Platform. 

• TRADEMARK AND INTELLECTUAL PROPERTY.

12.1 All trademarks and logos on the Website are subject to copyright. All trademarks and logos of ART OF COMMS are registered to them or pending of registration. Users are not allowed to use the trademarks or logos without proper written authorization of ART OF COMMS. ART OF COMMS is also the owner or the licensee of all the content and their emerging intellectual property rights. 

12.2 All the rights of the tutorial/instructional/training videos made available on the platform on the Apps by ART OF COMMS shall remain the exclusive propriety of ART OF COMMS, its assigns and/or licensors. Users of the app may access them for individual use only. It is strictly prohibited to:

1. To use, access and/or display the videos for any non-personal and/or commercial use;
2. Share the videos on any videos streaming websites or mobile apps, or through similar streaming technology;
3. Attempt or succeed to download the videos illegally, storing them on cloud or servers different than those used by the ART OF COMMS websites and/or apps; and
4. To distribute, redistribute, sell, or otherwise commercialize the videos; and
5. To copy the videos and reflect their content through the making or producing of derivative videos or aid a third party in doing so.

• DMCA

ART OF COMMS makes an important effort to remain compliant with all applicable regulation to service providers. However, due to the amount and type of Media which is being uploaded to the website at all times, it is impossible for ART OF COMMS to determine whether a copyright infringement has occurred.  As ART OF COMMS promotes the use of User Generated Content, ART OF COMMS has set out this section so that Users and third parties may easily present a claim in the event of a breach to their copyright.

If you believe that any content breaches your copyright or that of a third party you represent, you may send an email to the address specified at the end of this section, to contact our designated agent for DMCA purposes, and please make sure that the email, which is officially a notification, contains the following:

• Kindly provide electronic signature or physical evidence of the true holder of the copyright of the alleged breaching material, or of the person which is representing and has the authority to make a representation on behalf of the holder of the copyright of the alleged breaching material.
• Kindly describe and identify the material or materials which is being allegedly breached on the Website. In case of more than one breach, make sure that you make a list specifying each of the breaching materials.
• Kindly describe the exact location of the allegedly breaching material on the Website, by means or links (to URLs) or a direct link to such material or materials. Make sure that the allegedly breaching material is pinpointed for us to identify. 
• Kindly send us your contact data, so that we are able to contact you. The information we require includes, but may at time not be limited to name, address, telephone or mobile number and your email address. The information you send us shall be governed by our Cookie and Privacy Policies.
• Also, please kindly attach a statement where you, as the claimant of the alleged breach, that you in good faith and true belief that your copyright or the copyright of the holder you represent is being breached or that related rights are being infringed by material on the Website, and that such material is not licensed or authorized by the true holder of such rights, by such holder’s representative or agent, or by applicable law. 
• Finally, please also attach a statement that the information disclosed in your email is true, verifiable and accurate, and that, under penalty of perjury, you have full authority to act as yourself, if you were the holder of the copyright which is allegedly being infringed, or in behalf of the holder of that copyright.

Please allow a reasonable amount of time for us to react to your email and make the required verification. Please note that the breaching party may present a counterclaim within the next fifteen (15) days of the notification of the alleged breach. In this case you will be notified of this situation, and this may open the possibility for you to present an official legal claim at the appropriate venues determined by law.

Kindly be reminded that it is illegal to misrepresent ownership or copyright of any material, and that ART OF COMMS may engage in legal actions against individuals or entities which engage in such misrepresentation, without limiting ART OF COMMS’ rights to recover from any damages or costs it has endures as a result of such misrepresentation.

For Copyright, DMCA, or other intellectual property related issues, contact coaching@artofcomms.com

• SPONSORS.

ART OF COMMS is fully entitled to display advertisements and sponsors on the Website, where and whenever it deems appropriate. These advertisements or sponsor images may contain hyperlink that lead out of the ART OF COMMS websites. We strongly encourage all users that, if they opt to engage with such sponsors or advertisement promotors, they carefully read any terms and policies or other legal disclaimers available on their websites, as ART OF COMMS does not have control over such outside places, and that ART OF COMMS makes no representation or endorsement of the authenticity, reliability or use for a particular purpose of any of the services or products offered by the businesses ran by any Sponsors or Advertisers. 

 

1. PERSONAL AND PRIVATE INFORMATION.

For a clear understanding of the policies applied by ART OF COMMS in the handling of personal, delicate and private information, please note that our Privacy and Cookie Policy is below.

• AVAILABILITY

ART OF COMMS shall at all times use reasonable technical and commercial efforts to ensure the Website’s availability, provided that no situation out of ART OF COMMS control prevents them for ensuring the availability of the Services, of which ART OF COMMS shall not be liable for. ART OF COMMS shall not make refunds or take any liability for unexpected downtimes or for periodical maintenance.

• INDEMNITY

User states and agrees to indemnify and hold ART OF COMMS (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.

• ENTIRE AGREEMENT

These Terms, any applicable additional terms included in the Service, and any documents expressly incorporated by reference herein (including the Privacy and Cookie Policy), contain the entire understanding of the User and ART OF COMMS, and supersede all prior understandings of the parties hereto relating to the subject matter hereof.

• LANGUAGE

This agreement was originally written in English. To the extent any translated version of this agreement conflicts with the English version, then the English version shall control and have preference for its interpretation.

• WAIVER AND SEVERABILITY

Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.

• GOVERNING LAW

This Agreement shall be governed by the laws, acts and regulations of the of the Commonwealth of Australia and in the event of any conflicts arising of the terms and conditions determined herein may be construed by the courts of Perth, Australia. 

• REMEDIES

It is determined that all rights and remedies of ART OF COMMS under this Agreement are cumulative. User acknowledges that the Services and/or the Website may contain valuable trade secrets and proprietary information of ART OF COMMS, and that any breach of this agreement regarding intellectual property and/or copyright may constitute immediate and irreparable harm to ART OF COMMS its affiliates, licensors, partners, shareholders and agents, and that these would not be relieved by a simple monetary damage recovery. If such breach occurs, ART OF COMMS shall be entitled to seek injunctive relief without any other requirements or requisites. In case that any legal action is promoted in relation to this agreement, the prevailing party may seek reasonable attorney fees, legal costs and other expenses, in addition to any other relief which ART OF COMMS may seek. 

• FORCE MAJEURE.

In case of delays in the provisions or of the performance in relation to any obligations, commitments or duties of ART OF COMMS which derive from this Agreement shall not be construed as a breach and/or infringements of the terms and conditions determined herein, provided that the delay is caused by legal disputes, earthquake, war, flood, shortage of materials, tornados and/or hurricanes, fire or any other event which is not in the reasonable control of ART OF COMMS. In this events ART OF COMMS must notify the Users of such event using reasonable methods available to them and reassume the performance and solve the delays when reasonably possible. 

• ASSIGNMENT

We may assign or delegate these Terms and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment and delegation by you is ineffective.