These Terms of Service ("Terms") govern your access to and use of the websites, products and services operated by Agility Ops Business Pty Ltd (ABN 47 651 735 535) ("we", "us", "our", or "AOB"). By accessing or using any of our websites or services, you agree to be bound by these Terms. If you do not agree, you should not use our websites or services.
These Terms apply to the following websites and services operated by AOB: agilityops.com.au, sprintinsite.com, portfolioinsite.com.au, and fastact.com.au. Product-specific terms (such as Atlassian Marketplace terms for SprintINSite and PortfolioInSite) are published on the relevant product websites and apply in addition to these Terms.
1. About Us
Agility Ops Business Pty Ltd is an Australian company registered in New South Wales. We provide AI transformation consulting, software products for Jira Cloud (sold via the Atlassian Marketplace), and Applied AI training programmes under the FACT Training brand.
2. Your Use of Our Websites
You may use our websites for lawful purposes only. When using our websites, you agree not to:
- Use the websites in any way that breaches any applicable local, state, national or international law or regulation.
- Transmit or procure the sending of any unsolicited or unauthorised advertising, promotional material, or spam.
- Attempt to gain unauthorised access to any part of our websites, the servers on which they are hosted, or any connected database or system.
- Use any automated tool, bot, scraper or similar technology to access, monitor or copy content from our websites without our prior written consent.
- Introduce viruses, trojans, worms, or other material that is malicious or technologically harmful.
- Interfere with or disrupt the integrity or performance of our websites or the data contained therein.
3. Intellectual Property
All content on our websites — including text, graphics, logos, icons, images, audio, video, software and code — is the property of AOB or its licensors and is protected by Australian and international copyright, trademark and other intellectual property laws.
The names "Agility Ops", "SprintINSite", "PortfolioInSite", "FACT Training", and associated logos and brand elements are trademarks or trade names of AOB. You may not use these without our prior written permission.
You may view, download and print content from our websites for your personal, non-commercial use, provided you do not modify the content and you retain all copyright and proprietary notices. Any other use requires our prior written consent.
4. Products and Services
4.1 Atlassian Marketplace Products
SprintINSite and PortfolioInSite are Jira Cloud applications distributed through the Atlassian Marketplace. Your use of these products is subject to the Atlassian Marketplace Terms of Use and any additional product-specific terms published on the relevant product website. Subscriptions, billing and refunds for Marketplace products are managed through Atlassian's systems in accordance with their policies.
4.2 FACT Training
FACT Training programmes are subject to the specific terms, booking conditions and cancellation policies communicated at the time of registration. Training materials provided during courses remain the intellectual property of AOB and may not be reproduced, distributed or shared without our written consent.
4.3 Consulting Services
AI transformation consulting engagements are governed by separate statements of work or engagement agreements entered into between AOB and the client. Where there is any conflict between these Terms and a specific engagement agreement, the engagement agreement prevails.
5. User-Submitted Content
Where you submit content to us through our websites (for example, via contact forms, enquiry forms, or feedback mechanisms), you grant AOB a non-exclusive, royalty-free, worldwide licence to use, store and process that content for the purpose of responding to your enquiry and improving our services.
You are responsible for ensuring that any content you submit does not infringe the rights of any third party and does not contain unlawful, defamatory, obscene or otherwise objectionable material.
6. Third-Party Links and Services
Our websites may contain links to third-party websites, platforms or services (including the Atlassian Marketplace, LinkedIn, and GitHub). These links are provided for your convenience and do not imply endorsement or responsibility for the content, products or practices of those third parties. We encourage you to review the terms and privacy policies of any third-party site you visit.
7. Disclaimer of Warranties
To the maximum extent permitted by law, our websites and their content are provided on an "as is" and "as available" basis. We do not warrant that our websites will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
While we make reasonable efforts to ensure the accuracy and completeness of the information on our websites, we do not guarantee that all content is current, complete or accurate. Information on our websites (including product descriptions, feature lists and roadmap items) is subject to change without notice.
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee or right that applies under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any similar state or territory legislation that cannot be excluded, restricted or modified by agreement.
8. Limitation of Liability
To the maximum extent permitted by applicable law, AOB, its directors, employees, agents and affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data, goodwill or business opportunity arising out of or in connection with your use of our websites or services, regardless of the cause of action or the theory of liability (whether in contract, tort, negligence, strict liability or otherwise), even if we have been advised of the possibility of such damages.
Where our liability cannot be excluded under applicable law (including the Australian Consumer Law), our total aggregate liability to you for all claims arising out of or in connection with your use of our websites is limited to AUD $100 or the amount you have paid to us in the 12 months preceding the event giving rise to the claim, whichever is greater.
Nothing in these Terms limits or excludes our liability for fraud, for death or personal injury caused by our negligence, or for any other liability that cannot be limited or excluded under applicable Australian law.
9. Indemnification
You agree to indemnify, defend and hold harmless AOB, its directors, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your use of our websites or services, or your violation of any applicable law or the rights of any third party.
10. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page. Your continued use of our websites or services after any changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
11. Termination and Suspension
We reserve the right to suspend or terminate your access to our websites or services at any time, without prior notice, if we reasonably believe you have breached these Terms or are using our websites or services in a manner that could cause harm to AOB, our users, or third parties.
Upon termination, the provisions of these Terms that by their nature should survive (including Sections 3, 7, 8, 9 and 13) will continue in full force and effect.
12. Severability
If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.
13. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia for any dispute arising out of or in connection with these Terms.
14. Entire Agreement
These Terms, together with our Privacy Policy and any product-specific terms, constitute the entire agreement between you and AOB regarding your use of our websites. They supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter covered herein.
15. Contact Us
If you have any questions about these Terms, please contact us:
- Entity: Agility Ops Business Pty Ltd
- Email: greg@agilityops.com.au
- Website: agilityops.com.au
- Location: Sydney, NSW, Australia