Macleodglba Pty Ltd Trading as TheAgencyIQ or (AIQ)
About the Application
Welcome to AgencyIQ (Application). The Application is a Social Media Automated Agent trading as AgencyIQ or TheAgencyIQ (Services). The Application is operated by Macleodglba Pty Ltd. Access to and use of the Application, or any of its associated Products or Services, is provided by Macleodglba Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies your agreement to be bound by the Terms. If you do not agree to the Terms, you should stop using the Application immediately.
Beta Testing Phase
The Application is currently in a beta testing phase. As such, the Services are provided on an "as is" and "as available" basis, and Macleodglba Pty Ltd does not guarantee that the Application will be free from errors, interruptions, or defects. By using the Application during this beta phase, you acknowledge and accept the potential for limited functionality, downtime, or data loss, and agree that Macleodglba Pty Ltd is not liable for any resulting losses, subject to Australian Consumer Law.
Acceptance of the Terms
You accept the Terms by remaining on the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Macleodglba Pty Ltd in the user interface.
Your obligations as a Member
You agree to comply with the following: you will use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You are solely responsible for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services; any use of your registration information by any other person or third parties is strictly prohibited. You agree to immediately notify Macleodglba Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware; access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you to provide the Services.
OAuth Usage
OAuth Usage The Application uses OAuth to access and post content on your social media accounts with your approval. You agree to: grant Macleodglba Pty Ltd the necessary permissions via OAuth to perform the Services on platforms including, but not limited to, Meta (Facebook, Instagram), X, LinkedIn, and TikTok; comply with the terms of service of each respective social media platform; and immediately notify Macleodglba Pty Ltd if you revoke OAuth permissions, as this may result in suspension of Services.
Payment
All payments made during your use of the Services are made using your credit card details as provided. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the stated terms and conditions which are available on their website. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee. You acknowledge and agree that Macleodglba Pty Ltd may vary the Services Fee at any time and that the varied Services Fee will come into effect following the conclusion of the existing billing period.
Refund Policy
Macleodglba Pty Ltd will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Macleodglba Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Services Fee that remains unused by the Member (Refund).
During the beta testing phase, no refunds will be provided for temporary downtime, inaccessibility, or errors in the Application unless the Services are entirely unavailable for a continuous period exceeding 7 days, in which case a proportional refund may be issued at Macleodglba Pty Ltd's discretion. Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.
Copyright and Intellectual Property
The Services and all of the related products of Macleodglba Pty Ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Macleodglba Pty Ltd or its contributors.
Macleodglba Pty Ltd does not grant you any other rights whatsoever in relation to the Application or the Services. Macleodglba Pty Ltd. Macleodglba Pty Ltd expressly reserves all other rights retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any: business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or a right to use or exploit a patent, registered design or copyright, to you.
You may not, without the prior written permission of Macleodglba Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
Privacy
Macleodglba Pty Ltd takes your privacy seriously, and any information provided through your use of the Application and/or Services is subject to Macleodglba Pty Ltd's Privacy Policy, which is available on the Application at https://app.theagencyiq.ai/privacy-policy. Macleodglba Pty Ltd reserves the right to modify, update, or change its Privacy Policy from time to time. Users will be notified of any material changes to the Privacy Policy.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Macleodglba Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Macleodglba Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Macleodglba Pty Ltd) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
Limitation of Liability for Downtime and Beta Phase
During the beta testing phase, Macleodglba Pty Ltd is not liable for any loss or damage caused by temporary downtime, inaccessibility, or errors in the Application, including but not limited to interruptions in third-party services (e.g., Replit, social media platforms, OAuth providers), except where such loss or damage results from Macleodglba Pty Ltd's failure to meet an applicable Consumer Guarantee under Australian Consumer Law. Macleodglba Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
Limitation of liability
Macleodglba Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you. You expressly understand and agree that Macleodglba Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which you may incur, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Third-Party Services
The Application relies on third-party services, including but not limited to Replit for hosting and social media platforms (e.g., Meta, X) for OAuth and content posting. Macleodglba Pty Ltd is not liable for any loss or damage caused by the failure, downtime, or changes to these third-party services, except where required by Australian Consumer Law.
Competitors
If you are in the business of providing similar Services to provide them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Macleodglba Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Macleodglba Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Macleodglba Pty Ltd as set out below. If you want to terminate the Terms, you may do so by: providing Macleodglba Pty Ltd with 14 days' notice of your intention to terminate; and closing your accounts for all of the services which you use, where Macleodglba Pty Ltd has made this option available to you.
Your notice should be sent, in writing, to Macleodglba Pty Ltd via the 'Contact Us' link on our homepage. Macleodglba Pty Ltd may at any time, terminate the Terms with you if: you have breached any provision of the Terms or intend to breach any provision; Macleodglba Pty Ltd is required to do so by law; the provision of the Services to you by Macleodglba Pty Ltd is, in the opinion of Macleodglba Pty Ltd, no longer commercially viable; the user fails to pay any fees or charges associated with their account after a notice period.
Subject to local applicable laws, Macleodglba Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Macleodglba Pty Ltd's name or reputation or violates the rights of those of another party.
Indemnity
You agree to indemnify Macleodglba Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content; any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or any breach of the Terms.
Dispute Resolution
Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence. Termination of Mediation: If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by Macleodglba Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.