1. Introduction

Nicholas Jenkins, trading as “Claire, The Agency” (Claire) is a business that provides marketing services to various clients, ideally you! These Terms of Use (Terms) govern your access to and use of the Claire website (Website).

By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy.

2. Access and Use 

You may only use this Website for lawful purposes. You must not use the Website: 

• in a way that breaches any applicable laws or regulations; 

• to infringe on Claire’s Intellectual Property rights or those of any third party; 

• to transmit any unsolicited or unauthorised advertising, promotional materials or spam; and 

• to knowingly transmit viruses, malware or other harmful technology.

3. Intellectual Property 

Unless otherwise stated, Claire owns or licenses all Intellectual Property rights in the Website and its Contents. This includes but is not limited to text, graphics, logos and icons. You must not otherwise reproduce, distribute, modify or use any Content from our Website without Claire’s prior written consent. 

4. Disclaimers 

The Website may contain links to other websites operated by third parties. Claire does not endorse or approve any third party websites, and is not responsible for their content, privacy practices, or terms of use. 

To the maximum extent permitted by law and subject to your consumer law rights: 

• Claire does not guarantee that the Website will be error-free or uninterrupted;

• the Website and its contents are provided on an “as is” basis without any representations or warranties, either express or implied; and  

• Claire will not be responsible for your use of the Website, including your negligence.

5. General

5.1  Privacy 

Claire handles any personal information you provide to use through our Website in accordance with our Privacy Policy and applicable laws. 

5.2 Warranties 

You represent, warrant and agree that: 

• you will not use the Website, including Claire’s Intellectual Property, in any way that competes with our business;

• there are no legal restrictions preventing you from agreeing to these Terms; 

• all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and 

• you have not relied on any representations or warranties made by Claire, unless expressly stipulated in these Terms. 

5.3 Consumer Law Rights 

You may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights.

5.4 Enforcement

If any provision of these Terms is, or becomes, unenforceable, that will not affect the enforceability of the other provisions of these Terms.

5.5 Governing Law

These Terms are governed by the laws of New South Wales. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales. 

5.6 Contact Us 

If you have any questions about these Terms, please contact us at: 

Phone: +61 421 957 798

Email: nick@clairetheagency.com

6. Changes to these Terms

If you are a Website user, you understand that Claire may change these Terms at any time by updating this page and the “Last Updated” date at the top of these Terms. 

By continuing to use the Website, you agree to be bound by the updated Terms.

7. Definitions

“Content” means any material or content displayed on the website not including Approved User’s personal information. 

“Claire” (or “we”, “us” and “our”) means Nicholas Jenkins (ABN 50 432 740 627).

“Intellectual Property Rights” means any and all industrial and intellectual property rights of whatever nature, throughout the world, conferred under statute, common law or equity, whether existing now or at any time in the future and whether registered, registrable or otherwise. This includes, but is not limited to, any rights in respect of, or in connection with, copyright, patents, circuit layouts, trademarks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets and know-how. This also includes the right to apply or renew such rights.

“Website” means the Claire, The Agency website (currently, www.clairetheagency.com)

“You” (or “your”) means the person reading these Terms.