Terms of Use

Owner of the Website and its Operation

1. This website and its contents (“Website”) is owned and operated by Helsinki Agency Pty Ltd, A.B.N. [27 154 532 939] (“Helsinki”, “we”, “us”, “our”).

2. The Website is provided for promotional and informational purposes only. We do not provide any client services through the Website. You may only use the Website if you are a current or prospective customer of ours, or otherwise interested in learning more about us for a legitimate business purpose. The Website may not be used for any unlawful, fraudulent, harassing, objectionable or other non-legitimate business purpose.

Acceptance of these Terms of Use

3.  Use of and access to this Website is subject to the terms and conditions contained in the following document and elsewhere on the website (known collectively as the “Terms of Use”). By browsing or accessing or using the services on this Website, you agree to these Terms of Use.

4. If you do not agree with these Terms of Use, you must immediately exit the Website.

5. If you breach any of these Terms of Use, or any other terms and policies referred to in these Terms of Use, your ability to access and use the Website may be terminated by us immediately, where possible by giving written notice to you using the contact details you provide us.

Modifications

6. We may revise these Terms of Use at any time, without notice. All changes are effective from the date of posting the revised Terms of Use on this Website. Any updated version of the Terms of Use will immediately supersede any prior version. We recommend re-visiting this page from time to time to review the latest Terms of Use. Certain provisions of these Terms of Use may be modified by local notices or disclaimers located on particular pages of this Website.

7. We may make changes to the material on this Website at any time without notice.

Third Party Links

8. This Website may contain information from, or hyperlinks and other pointers, to internet websites operated by third parties. We have not reviewed all of the sites linked to the Website and assume no responsibility and accept no liability for the condition or content of third-party websites that may be linked to or accessed from the Website. Any links provided are for your convenience only. We do not authorise or endorse the content of those third-party websites and shall not be liable for any loss arising out of their use. Use of any such linked website is at the user’s own risk.

9. There will also be marketing-related cookies offered on the Website, which you can opt-out of at any time.

Intellectual Property

10. All materials and content on the Website, including but not limited to any and all trade marks, service marks, designs, products, software, images, sound recordings, video recordings, content downloads, streaming audio, streaming video, and other audio visual materials, are the property of, or used under license by, Helsinki and are subject to copyright and other intellectual property protection. Brands, logos, images and tag-lines are registered or unregistered trade marks owned or used under license by Helsinki. All rights reserved.

11. You may view, access or interact with the Website for your own personal use in the same form as presented via the Website, or as otherwise indicated via the Website or these Terms of Use only, and provided you do not remove any copyright or trade mark notices. You must not otherwise copy, communicate, modify, transfer, distribute, sell, publish, post or store any of the contents of the Website, or incorporate any part of the Website into another website without our prior express consent.

General Use of the Website — Permissions and Restrictions

12. We hereby grant you permission to access and use the Website for your own personal use subject to the restrictions set out in these Terms of Use as follows:

    1. You agree that you will not republish in any medium any material from the Website, without our prior written authorisation.
    2. You agree not to use the Website for any commercial use, without our prior written authorisation. Prohibited commercial use includes (but are not limited to) any of the following actions taken without our express approval:
      1. Sell, rent or sub-license material from us;
      2. Reproduce, redistribute, duplicate, copy, download, store (in any medium), adapt or change material from us;
      3. Any use of the Website that we find, in our sole discretion, to use our resources with the effect of competing with or displacing the market for us;
      4. Submit, or authorise to be submitted, any data or content from our Website (or data or content we otherwise give you access to) to any large language models or other machine learning or artificial intelligence platforms, tools, programs, software, operation, and/or similar (“AI Programs”); or
      5. Use, or authorise to be used, any data or content from our Website (or data or content we otherwise give you access to) for any purpose in relation to any AI Programs, including to create, develop, train, and/or otherwise improve any AI Programs and/or for the purposes of generating replicated or derivative content from such AI Programs.
    3. You agree not to use the Website in any manner which is unlawful or which violates any right of us or other users. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. In your use of the Website, you will otherwise comply with these Terms and Conditions, and all applicable laws and regulations.
    4. You acknowledge that we reserve the right to discontinue any aspect of the Website at any time without notification.

Privacy

13. Please see our Privacy Policy on this site for details about how we store, handle and use any personal information that you provide to us.

Your Rights and Obligations

14. You agree that you will not use this Website to spam, transmit or upload any material that contains viruses or any other harmful programs or that breach any laws including intellectual property or privacy rights, interfere with or disrupt this Website or attempt to gain unauthorised access to any sections which require a unique code for access.

15. In order to use this Website, it is your responsibility to procure access to the Internet, to pay any costs associated with that access and to acquire any hardware and/or software necessary to facilitate the services.

No Liability

16. You use this Website at your own risk. Everything on the Website, or obtained by use of or access to the Website, is provided “as is” without any warranty of any kind.

17. Reasonable efforts are taken to ensure that the content on this Website is accurate and up-to-date. However we make no warranties or representations about accuracy, correctness, reliability or completeness of the information provided.

18. Nothing in these Terms of Use limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). To the fullest extent permissible by law, subject to any Non-Excludable Guarantees, Helsinki, its subsidiaries and other affiliates, and its officers, employees and other agents expressly exclude all terms, representations and warranties, express or implied, in connection with the operation of the Website, your use of or access to the Website, or inability to use or access the Website, the results of your access or any information, content or products or services available on the Website.

19. To the fullest extent permitted by law, except for any liability that cannot be law be excluded, including under the Non-Excludable Guarantees, Helsinki, its subsidiaries and other affiliates, and its officers, employees and other agents

exclude all liability in contract, tort (including negligence) or otherwise, or any loss or damage, whether direct, indirect, incidental, special and/or consequential, arising in any way out of any use of or access to the Website, or any inability to use or access the Website, the results of your access or any information, content or products or services available on the Website.

20. If Helsinki, its subsidiaries and other affiliates, and its officers, employees and other agents is liable for breach of any implied warranty or condition that cannot be excluded then in any event Helsinki, its subsidiaries and other affiliates, and its officers, employees and other agents’ liability shall be limited to A$50.

21. Further, Helsinki, its subsidiaries and other affiliates, and its officers, employees and other agents does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Website or otherwise relating to such materials or on any sites linked to this Website.

22. Helsinki, its subsidiaries and other affiliates, and its officers, employees and other agents does not warrant that the Website, or the servers on which the Website are hosted, are free of software viruses or defects. Accordingly, Helsinki, its subsidiaries and other affiliates, and its officers, employees and other agents are not liable for any loss suffered as a result of any such viruses or defects.

23. Helsinki, its subsidiaries and other affiliates, and its officers, employees and other agents assume no responsibility for any technical malfunction, error, omission, interruption, deletion, delay in operation or transmission, communication line failure, virus, bug, tampering, theft or destruction or unauthorised access to the Website, or any injury or damage to any person’s computer related to the use of the Website, or the uploading of material or downloading of any software/material (where permitted) from the Website.

Indemnity

24. To the extent permitted by law, you agree to defend, indemnify and keep Helsinki, its subsidiaries and other affiliates, and its officers, employees and other agents, indemnified from and against any and all claims, damages, obligations, losses, liabilities, costs (including but not limited to legal cost) or debt, and expenses which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the Website (or any part of it) or the breach of these Terms of Use by you.

25. Termination and Cancellation

We reserve the right in our sole discretion to revise the content of, amend links from, or withdraw access to the Website, at any time without notice. Without limiting the operation of any other Terms of Use herein, we will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on our liability will survive such termination.

26. Severability

In the event that any provision of these Terms of Use is held to be invalid, illegal or unenforceable, that provision shall to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms of Use will remain in full force and effect.

Governing Law

27. This legal statement shall be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

28. We make no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Contact Information

29. If you have any questions about these Terms of Use, please contact us at hei@helsinkiagency.com.