Terms & Conditions
Us. BIG FIVE AGENCY GbR, Leuschnerstr. 33a, 70176 Stuttgart, Germany (“The BIG FIVE”, “we”, “us”, or “our”) welcomes you and invites you to access and use our website, including, without limitation, kingkong.co and its subfolders, as well as kingkong.com.au (the “Website”). When we say the BIG FIVE, we mean any and all companies affiliated with BIG FIVE AGENCY products and services, including but not limited to: BIG FIVE AGENCY as Trustee for BIG FIVE AGENCY Trust, and all affiliates.
You. “You” may be a visitor / user of the website, a user of the Services, or both.
Services. The BIG FIVE AGENCY provides digital marketing and educational services (including, but not limited to, Search Engine Optimisation, Paid Traffic advertising, Conversion Rate Optimisation, general marketing advice), and such other services that are consistent with the delivery of our business objectives. You can find a description of our services on our Website under Services on the navigation menu.
Intended Purpose. The Website is designed to facilitate access to our Services, provide general information on the subject of digital marketing, as well as to provide you with resources intended to compliment the provided information (“Intended Purpose”).
Accuracy of Content. The BIG FIVE strives to ensure that the content on this website is accurate and up-to-date, but does not represent or guarantee that the content on this website or on any linked website is accurate, reliable, current, complete, suitable or available. You should independently evaluate and verify the accuracy, reliability, currency and completeness of any information, and its suitability for your circumstances, before you rely on it.
Advice. The information given to you through this Website or via our Services does not constitute professional legal, accounting, investment, tax, real estate, medical, psychological, financial or other professional advice and is general in nature. It is not tailored to you and does not take into account your specific circumstances nor does it verify the truthfulness and accuracy of what you tell us about yourself and your business, and it should not be acted upon without full understanding of your current situation and future goals and objectives. You are responsible for making the determination as to whether the information given to you by us is suitable to your needs. We don’t guarantee results or offer legal advice, nor are we responsible for compliance in your industry. The BIG FIVE accepts no liability for any loss or damage whatsoever arising out of the use of this website, the Services, or reliance on the content of the Website or Services.
Viruses and Website Availability. You access this website at your own risk. The BIG FIVE AGENCY strives to keep this website available and functioning properly. However, it is possible that your ability to access this website may be interrupted or delayed, or that your device becomes exposed to viruses, malware, interception or other interference. The BIG FIVE AGENCY recommends that you use up-to-date antivirus and security software that is appropriate for your device, to ensure that communications between it and this website does not expose it to any damaging interference. The BIG FIVE AGENCY does not accept responsibility for any interference or loss to your device which arises in relation to your use of this website or any linked website.
Lawful and Permissible Use of Website. You are responsible for ensuring that your access to and use of this website is lawful and does not infringe any intellectual property rights. You must not take any action that could damage, overburden or interfere with this website, or any other person’s use of this website. You must not use any data mining, robots or other tools to automatically and/or systematically collect data from or in relation to this website. You must not use this website to obtain any information about other users of this website, or to transmit malware through this website. The BIG FIVE AGENCY does not accept responsibility for any unauthorised access, use or other actions. All rights are reserved in full in relation to unlawful or unauthorised access or use.
Links to Other Websites. This website contains links to other websites. The BIG FIVE AGENCY does not control these other websites and is not responsible for their content. The links do not constitute approval of the content on those websites, or any related organisation, person, product, service or application. The BIG FIVE AGENCY cannot guarantee that these links will always work and cannot control whether the other websites are available. The BIG FIVE AGENCY does not represent that content on any other websites is reliable or free from malware, defects or infringements of intellectual property rights. The BIG FIVE AGENCY does not authorise any infringement of intellectual property rights by providing these links.
Intellectual Property. The content contained on this Website and on the third party platforms authorised to host our Website (“Content”) such as logos, artwork, text and graphics, widgets, icons, images, audio and video clips, digital downloads, data complications, and software, is the property of The BIG FIVE AGENCY, or the property of our licensors or licensees, and the compilation of the Content on the Website (including authorised third party platforms hosting the Content) is the exclusive property of The BIG FIVE AGENCY, and is protected by German and international copyright laws, treaties, and conventions. All software and code used on the Website is the property of The BIG FIVE AGENCY, or the property of our suppliers and is protected by the applicable copyright laws, treaties, and conventions.
Any and all logos, service marks, page headers, graphics, trademarks, service marks, widgets, icons, scripts and trade names (each considered a “Mark”) contained on the Website are proprietary to The BIG FIVE AGENCY, or The BIG FIVE AGENCY’s licensors or licensees. The BIG FIVE AGENCY does not grant permission to any entity or individual to use any of the Marks in connection with any product or service that does not belong to The BIG FIVE AGENCY in any manner that is likely to cause confusion or ambiguity among users or that disparages or discredits the BIG FIVE AGENCY or any other entity or individual. Any Marks not owned by the BIG FIVE AGENCY that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The BIG FIVE AGENCY.
You may print and download parts of the content on this website for your own personal and non-commercial use, provided that you do not change or remove the copyright notices.
If you wish to link to this website, please ask us using the contact information below.
The BIG FIVE AGENCY has obtained permission from copyright holders (where known) to use third party content. If you believe that any content on this website infringes your copyright or anyone else’s copyright, please contact us using the contact information below. Any content that you post on, or send to, this website (including but not limited to suggestions) will not be treated as confidential or proprietary. You grant The BIG FIVE AGENCY a non-revocable, perpetual, worldwide, transferable, royalty-free, non-exclusive right to use this content for any purpose.
Changes to Terms. From time to time, these Terms, or any part thereof, may be modified by us. This may include addition or deletion of some terms at any time. These modifications will be published here and will be effective immediately at the time of posting. These modifications will be done without notification to you. Your use of the Website and the Services after such posting shall be considered acceptance by you of any and all modifications, additions or deletions made to the Terms.
Changes to Website and Termination. We may change or discontinue any aspect, service or feature of the Website at any time, including, but not limited to, content, availability, and equipment needed for access or use without notice to you. Further, we reserve the right, at our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of our Website or Services at any time and for any reason without any prior notice to you and without liability.
Compliance with Applicable Laws. The Website and Services are based in Germany. We make no claims concerning whether the Website, Services, and components related to the Services may be downloaded, viewed, or be appropriate for use outside of Germany. If you access the Websites or Services from outside Germany, you agree that you do so at your own risk. Regardless of your location, you agree that you are solely responsible for ensuring compliance with all applicable laws within your specific jurisdiction. The laws of Victoria, Germany apply to these terms, and the parties submit to the exclusive jurisdiction of Germany.
Feedback and Submissions. Unless expressly stated otherwise herein, any information submitted by you through this Website shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so and always in a manner that could not damage our business interests or reputation (including that you will not submit any information to defame or disparage us, or to harass, bully or unlawfully discriminate against staff or third parties; or to make false or misleading statements).
You hereby assign and grant to us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable right, title and interest to use and incorporate into the Website (or for any other use) any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the Website. We will not be obligated to credit you for such feedback or hold any such feedback in confidence.
Any ideas disclosed to us outside of a pre-existing and documented confidential business relationship are not confidential and we may therefore develop, use and freely disclose or publish similar ideas without compensating you or attributing to you. By submitting an idea or other detailed submission to us through this Website, you agree to be bound by these Terms.
No Guarantee of Results. YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE WEBSITE AND OUR SERVICES IS AT YOUR OWN RISK. With the exception of the Performance Guarantee(s) which are outlined in the applicable Terms and Conditions when you hire us, you accept, agree, and understand that you are fully responsible for management of your business and sales process. The BIG FIVE AGENCY does not offer any representations, warranties, or guarantees verbally or in writing in regards to your earnings, business profit, marketing performance, audience growth, or results of any kind. You are solely responsible for your own actions and results in both life and business, which are dependent on factors that are personal to you, including (but not limited to), your skill, knowledge, ability, dedication, business savvy, network, and personal financial situation.
You accept, agree, and understand that any testimonials or endorsements provided by The BIG FIVE AGENCY’s customers or audience that are represented through our Services, Websites, marketing materials, advertisements, or any of our communication channels have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our Services, Websites, marketing materials, advertisements, or any of our communication channels are opinions only and therefore are not guarantees or promises of actual performance.
Disclaimer. This Website and its contents are provided “AS IS” and we make no representation or warranty of any kind with respect to this Website or any site or service accessible through this Website. We expressly disclaim all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will we or our respective our directors, employees, consultants, shareholders, agents and other representatives be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this Website, any content on or accessed through this Website or any service linked to, or any copying, displaying, or use thereof. The limitations herein will apply even if a remedy fails of its essential purpose. This provision is not intended to exclude liability that we may not exclude under applicable law.
Indemnity. You unconditionally and irrevocably indemnify, hold us indemnified and keep us, our directors, employees, consultants, shareholders, agents and other representatives harmless against any and all action, claim, demand, loss, liability or cost (including legal cost on a solicitor and client basis), whether arising under contract, tort or a statute (including by a third party) that arises, or results from, or is in any way connected with the Website and Services, including the sale of any product or service via your website.
Exclusion of Liability. You may have rights under consumer protection legislation that applies to you, e.g. the German Consumer Law, which cannot be excluded, limited or modified by these terms.
To the maximum extent permitted by law, The BIG FIVE AGENCY, our directors, employees, consultants, shareholders, agents and other representatives:
- exclude liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content on this website, and/or from any inability to use the content, any delay in accessing this website or any inability to access this website; and
- exclude liability (including any liability for negligence) for any inaccuracy, unreliability, lack of currency, incompleteness, unsuitability and/or unavailability of the content.
This exclusion of liability includes, but is not limited to, compensatory damages, direct loss, consequential or indirect loss, loss of data, corruption of data, loss of programs, loss of income, loss of profit, loss of anticipated savings, loss of use, loss of financial opportunity, loss of business, loss of reputation, loss of property, damage to property and third party claims.
Severability. If any of these terms offends any law applicable to it in a jurisdiction and is as a consequence illegal, invalid or unenforceable in that jurisdiction then:
- where the offending term can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
- in any other case the offending term must be severed from the other terms for that jurisdiction in which event the remaining terms operate as if the severed term had not been included.
Arbitration Clause. Any dispute, controversy or claim arising out of, relating to or in connection with these terms, including any question regarding its existence, validity or contravention of, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be in Stuttgart, Germany. The language of the arbitration shall be English. The number of arbitrators shall be one or three.
Miscellaneous. If we fail to enforce your strict performance of any provision of these Terms, it will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms. If a provision of these Terms is void, invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
BIG FIVE AGENCY GbR