Terms of Use

These Website Terms of Use ("Terms") govern your access to and use of the Cultivated Commerce website located at cultivated.agency ("Website"). By accessing or using the Website, you agree to be bound by these Terms.

Separate terms apply to client engagements and are set out in individual engagement agreements or Statements of Work. These Terms apply to use of the Website regardless of whether you are a client.

If you do not agree to these Terms, please do not use the Website.

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use of the Website.

You must not:

— Use the Website in any way that violates applicable local, national, or international laws or regulations.

— Transmit unsolicited or unauthorised advertising or promotional material.

— Attempt to gain unauthorised access to any part of the Website or its related systems.

— Introduce malicious code, viruses, or other harmful material to the Website.

— Use automated tools to scrape, crawl, or extract content from the Website without our prior written consent.

The content on this Website is provided in good faith for general information purposes only. We make no representations or warranties about the accuracy, completeness, or suitability of any information on the Website.

Nothing on this Website constitutes professional advice. Before acting on any information found here, you should seek independent advice appropriate to your specific circumstances.

We reserve the right to update, modify, or remove content from the Website at any time without notice.

All content on this Website — including text, graphics, logos, images, and the design and arrangement of those materials — is owned by or licensed to Cultivated Commerce and is protected by copyright and other applicable intellectual property laws.

You may view, download, and print content from this Website for your own personal, non-commercial use. You must not reproduce, republish, distribute, sell, or commercially exploit any Website content without our prior written consent.

The Cultivated Commerce name, logo, and marks are our intellectual property. Nothing on this Website grants you a licence to use them.

The Website may contain links to third-party websites or services. These are provided for convenience only and do not constitute an endorsement. We have no control over the content or practices of third-party sites and accept no responsibility for them.

We use third-party tools to operate and improve the Website, including web analytics and communication platforms. Use of the Website is subject to the privacy and data practices of those tools, as described in our Privacy Policy.

The scope, deliverables, fees, and terms of each client engagement are governed by a separate engagement agreement or Statement of Work entered into between Cultivated Commerce and the client. These Website Terms do not form part of any client engagement unless expressly incorporated.

Where a conflict exists between these Terms and an engagement agreement, the terms of the engagement agreement will prevail.

Payment terms for client engagements are specified in each engagement agreement. Invoices are due within the period stated on the invoice.

Cultivated Commerce reserves the right to pause or suspend work on an engagement where invoices remain unpaid beyond their due date. All fees are quoted exclusive of applicable taxes (including GST) unless otherwise stated.

Cultivated Commerce treats all client information as strictly confidential. We do not disclose, share, or use client business information, system details, or data for any purpose other than delivering the agreed services.

Clients agree to treat any Cultivated Commerce methodologies, pricing structures, or proprietary tools or frameworks shared during an engagement as confidential and not to disclose them to third parties without our written consent.

To the maximum extent permitted by law, Cultivated Commerce excludes all liability for any loss or damage arising from your use of the Website or reliance on information contained in it, including indirect, consequential, special, or incidental losses.

For client engagements, Cultivated Commerce's total liability is limited to the fees paid by the client for the relevant engagement. We are not liable for any indirect, consequential, or incidental losses arising from the use of our services or deliverables.

Clients are responsible for maintaining adequate backups of their systems, data, and platforms before and during any engagement. Cultivated Commerce accepts no liability for data loss that results from a failure to maintain appropriate backups.

Nothing in these Terms limits liability for fraud, personal injury caused by negligence, or any other liability that cannot lawfully be excluded.

You agree to indemnify and hold harmless Cultivated Commerce and its team members from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from your use of the Website in breach of these Terms, or from your breach of any applicable law.

Either party may terminate a client engagement by providing written notice as specified in the engagement agreement. In the event of termination, the client is responsible for payment of all fees for work completed to the date of termination.

Cultivated Commerce will provide all completed deliverables upon receipt of final payment. Any partially completed work will be delivered at our discretion.

These Terms are governed by the laws of Western Australia, Australia. By using this Website, you submit to the non-exclusive jurisdiction of the courts of Western Australia for the resolution of any disputes arising from these Terms.

We may update these Terms from time to time. Updated Terms will be posted on this page with a revised effective date. We encourage you to review this page periodically.

Continued use of the Website following any update constitutes your acceptance of the revised Terms.