TERMS AND CONDITIONS

General Terms and Conditions

Last updated: 22 January 2026.

Welcome to ACP Business Services! ACP Business Services is a global e-commerce business with a primary objective of being the expert design and marketing partner for businesses. It is operated through the collective efforts of ACP Business Services and a number of its global corporate affiliates (collectively, the “ACP Business Services Affiliates”).

ACP Business Services General Terms and Conditions

Please read these ACP Business Services General Terms and Conditions and all other terms and conditions referenced herein (collectively, the “ACP Business Services Terms”) carefully. These ACP Business Services Terms constitute a binding and enforceable legal agreement between you and ACP Business Services (“ACP Business Services”, “we”, “us”, or “our”), and govern and apply to (1) your access and/or use of ACP Business Services website (including www.ACPBusinessServices.com and its mobile sites (collectively, the “Site”) and (2) your purchase or use of goods offered or otherwise made available on or through the Site (“Physical Products”) and/or your purchase, accessing of or use of digital services, features and/or functionality offered or otherwise made available on or through the Site (“Digital Products”, and collectively with Physical Products, “Products”). By accessing and/or using the Site or the Products, you are accepting and agreeing, on behalf of yourself or on behalf of your employer (or the entity to which you are providing services), if applicable, to be bound by and comply with these ACP Business Services Terms, and you represent and warrant that you are at least 18 years old and have the right, authority, and capacity to enter into these ACP Business Services Terms. If you do not agree with these ACP Business Services Terms in their entirety, you cannot use the Site and/or Products.

Additional Terms

Certain features of the Products or Site may be subject to additional terms (collectively, the “Additional Terms”), which are or will be posted on the Product or Site in connection with such features and may be amended or updated from time to time. These Additional Terms include, without limitation:

Social Media Posting Terms – When you respond to our post on any social media platform, you grant us the usage rights to display your image on our ACP Business Services account of the respective social media platform and in any other content.

·       You grant ACP Business Services a non-exclusive and non-revocable commercial right to reproduce and/or modify the image in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your image may be used by ACP Business Services either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. While ACP Business Services may give you credit for your photo and provide a link back to your Instagram, Twitter or other social media platform account, you agree that such credit is not mandatory and your permission for us to use your image is not contingent upon such credit being given.

·       You waive any right to inspect and/or approve the finished work incorporating the image or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your image or our finished work.

·       Last, you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Permission to Use Image Agreement shall remain in full force and effect. This Permission to Use Image Agreement shall be governed by the laws of the NSW, Australia. without giving effect to its conflicts of laws principles, and you agree to submit and waive any objection to federal and state courts sitting in NSW Australia in connection with any litigation relating to this agreement.

·       If you don’t agree to these terms, we completely understand and no further action is required. We are thrilled to see ACP Business Services as a part of your page and look forward to seeing any new photos you post as well.

Digital Products and Services are subject to the terms and conditions defined by each of our relevant Digital Products partners and must be accepted separately as a condition of utilising those Products and Services, except where expressly stated otherwise in these Terms.

1.    Your Account

1.1. Before you can access and/or use certain Products on this Site, you will need a ACP Business Services account. We provide a single sign-on functionality, which allows us to offer features such as the ability to use your log-in credentials across our ACP Business Services products, as well as with some of our partners. Ordering Products

1.1. When placing an order, you agree to provide us with current, accurate and complete information as requested. This includes, but is not limited to, information such as your email address, payment card number and associated expiration date to enable us to complete your order and contact you as needed. You understand and agree that we are not responsible for errors in the information that you provide to us.

1.2. All prices, fees, discounts, and promotions posted on the Site are subject to change without notice and are not guaranteed. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.

1.3. ACP Business Services cannot guarantee that colours in the images we display on the Site will exactly match the colours in the Physical Products supplied. Differences can be a consequence of various factors, such as the multi-standard colour systems, notably the international screen-based colour system of RGB and the print colour system of CMYK.

2.    Payment

2.1. By placing an order, you agree to pay in full all applicable fees, including where applicable any shipping charges and applicable taxes, duties, or other fees. If you order a Physical Product that requires cross-border delivery, you agree that you will be responsible for paying applicable import duties and customer clearance duties (unless we have expressly indicated otherwise on the Site or in your order confirmation email), even where you have not been advised of such duties at the time you placed your order on the Site.

2.2. Depending on location and the Products ordered, ACP Business Services may be required to collect taxes applicable to your order, whether sales tax, value added tax (VAT), goods and services tax (GST), general consumption tax (GCT), or other taxes which may be levied in respect of a transaction contemplated by these ACP Business Services Terms. Customers are responsible for all sales taxes, use taxes, and any other taxes and duties imposed by any state or jurisdiction associated with their order.

All prices displayed on the ACP Business Services website are not final until the Billing Page. Unless otherwise noted, prices do not include shipping and processing charges and applicable local and state taxes. During our checkout process, you will see on the Billing Page our estimated tax to be collected that may be updated after you place your order depending on the type of item or service of your order and the ship-to address.

The applied tax rate to your order is calculated based on the state and local taxes of the order´s ship-to address. If you are however shipping to a country outside of Australia, you may be charged with the applicable country tax rate.

2.3. Unless agreed otherwise, ACP Business Services requires payment verification and authorization prior to delivery and performance of any Products and may suspend delivery

2.4. Certain Digital Products can only be accessed and used on a monthly or annual subscription basis (“Subscription Services”). If you are subscribing to paid Subscription Services, you agree to pay all applicable fees of your paid Subscription Services as specified at the time of purchase (“Subscription Fees”). In order to receive or use the paid Subscription Services, you are required to pay the Subscription Fees in advance.

2.5. Your Subscription Services will automatically renew upon the end of the applicable subscription period (“Renewal Date”), for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same Subscription Fee, if any (excluding any one-time fees, discount or other promotional offer provided for the first period) (“Renewing Subscription Services”). Accordingly, where applicable, and as for Subscription Fees due to ACP Business Services, ACP Business Services will automatically charge you the applicable Subscription Fees using the payment card details stored with ACP Business Services to pay for your Renewing Subscription Services upon the Renewal Date. In the event of failure to collect the Subscription Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your Subscription Services and/or account, without further notice. If your Renewing Subscription Services are subject to an annual subscription period, ACP Business Services will provide you a notice prior to the renewal of such Subscription Services at least thirty days in advance of the Renewal Date. By entering into these ACP Business Services Terms and by purchasing a Renewing Subscription Service, you acknowledge and agree that the Renewing Subscription Service shall automatically renew in accordance with this Section. You may cancel the auto-renewal option for Renewing Subscription Services at any time via your account or by contacting our Customer Care team. If a charge of any payable Subscription Fees due directly to ACP Business Services is declined, disputed, reversed or otherwise rejected (“Chargeback”), it will be considered a breach of your payment obligations under these Terms. In such case, your access and use of the Subscription Services may be automatically suspended or terminated. ​In the event a Chargeback, your Account may be permanently blocked, preventing you from repurchasing or reusing it. Any content associated with the Account, including domains, websites, and User Content (as defined in Section 8.3), may also be subject to cancellation.

2.6. Your access and use of the Subscription Services will not be restored until you re-subscribe and pay any applicable and outstanding Subscription Fees in full, including any additional fees or expenses incurred by ACP Business Services due to the Chargeback.

2.7. You are encouraged to contact our Customer Care team first before requesting a Chargeback, to avoid cancellation of the Subscription Services and your Account being blocked. Filing an unwarranted or erroneous Chargeback may result in additional fees, along with the obligation to repay all Subscription Fees for the services that were disputed and reversed.

2.8. You consent to receive invoices and credits solely electronically (e.g., PDF, HTML format). We may deliver electronic invoices to you by placing them in your Account and/or sending them by email. We are under no obligation to provide an invoice in paper form.

3.    Delivery, Title and Risk

3.1. Physical Products. When you order Physical Products from us:
a) We will ship the Physical Products to the address specified in the order confirmation, using our standard methods for packaging and in accordance with your chosen shipping option. Such shipment is contingent upon ACP Business Services having received all applicable payments in full by their appropriate due date, unless agreed otherwise. Any delivery date or times estimates that we provide to you are not guaranteed and should not be relied upon as such.
b) If you have submitted an order for multiple Physical Products, we may, at our discretion, ship the Physical Products in whole or by instalments in any sequence, or ship the Physical Products prior to the date of delivery, and in such event, you must not refuse to take delivery of the Physical Products. Where the Physical Products are shipped in instalments or partial shipments, each instalment or part delivery shall be deemed a separate sale agreement between us, and any delay in delivery of or defect in one instalment or part delivery shall not entitle you to cancel any other instalment or terminate the entire sale agreement.
c) You agree that the risk of loss and title for any Physical Product passes to you upon our delivery to our chosen carrier at the shipping dock of the respective manufacturing facility that fulfills your order.
d) You are required to inspect the Physical Product promptly after delivery is made and you must notify us by contacting our Customer Care team about any alleged defects, non-conformances or damages within fourteen days following delivery of the Physical Products. Subject to Section 10.3 of these ACP Business Services Terms, your failure to timely notify us after delivery as indicated in this section, voids the product warranty.

3.2. Digital Products. With regard to any Digital Product that you order from us, you agree that delivery of such a Digital Product shall be deemed to have occurred at the time the Digital Product is made available or accessible to you.

4.    Rights of Cancellation and Refunds

4.1 Physical Products. This section sets out the rights you may have with regard to Physical Products that you order from us.
Defective, non-conforming or damaged Physical Products – If you have received a defective, non-conforming or damaged product, you must contact our Customer Care team as indicated under Section 4.1 (d) of these ACP Business Services Terms. Following this notification and subject to your compliance with the requirements under applicable laws, you may request a full refund of the paid purchase price (including any taxes and an appropriate share of total shipping costs, as we may reasonably determine) or request that we place a reorder for you with the same delivery speed that was used for the original order at no additional cost.

4.2. Digital Products. This section sets out your cancellation and refund rights with regard to the following Digital Products.
a) Subscription Services: If you are not satisfied with your initial purchase of a paid Subscription Service, you may provide notice of cancellation for any reason within fourteen (14) days from the date you subscribed to the Subscription Service (“Refund Period”). To exercise this right of cancellation, you must manually cancel your Subscription Service via your Account or contact our Customer Care team via the Contact & Support page. Upon receipt of your timely cancellation notice, ACP Business Services will cancel your Subscription Services and refund to you the amount we charged you for such Subscription Services. Please note that this refund applies only to the initial purchase of a paid Subscription Service, and does not include any subsequent paid services you may have added to your Subscription Service, including, but not limited to, additional purchases, upgrades, modifications or renewals. Other services that are excluded and non-refundable are those that are not directly invoiced by ACP Business Services and/or provided by third parties, such as domain name registrations (which are carried out on behalf of domain name registrars), web designs, business tools and applications. Once the Refund Period expires, you will no longer be entitled to a refund of any amounts paid by you in connection with the agreed paid Subscription Service. If you still wish to cancel after the Refund Period, you can do so from your Account or by contacting our Customer Care Team. In that case, your Subscription Service will either terminate on the expiration date of the respective subscription period for which you have already made payment or be downgraded from a ´paid´ to a ´free´ Subscription Service on the expiration date of the respective subscription period.

b) Design Services: For your rights of cancellation and refunds, please refer to the Product-Specific Terms as applicable to your design services.

5.    Intellectual Property Rights

5.1. This Site contains images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, audio, video, music, fonts, blog posts, software tools, trademarks, service marks, media content belonging to other users through embedded feed from social media platforms, stock images and footage from stock providers and other information (“ACP Business Services Content”). This Site and ACP Business Services Content are the intellectual property of ACP Business Services and/or its licensors. All rights in this Site and ACP Business Services Content are reserved worldwide.

5.2. It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce, distribute, publish or use any portion of the ACP Business Services Content except as expressly allowed in these ACP Business Services Terms.

5.3. We reserve the right to add to, delete from, or modify any part of our ACP Business Services Content at any time without prior notice. You acknowledge that such an act may result in you losing access to any User Content (as defined below) saved by you or otherwise accessible by you by virtue of being registered on the Site including any content uploaded by you for creating any Product to be ordered from ACP Business Services. Any modifications to our ACP Business Services Content remain the property of ACP Business Services and/or its licensors.

5.4. Except as otherwise provided for in the Product-Specific Terms or in the Product offer itself, the design tools and services provided on our Site make various design elements available to you, including product templates, images, fonts, colour schemes, graphics, illustrations, logos, photos, design effects and other ACP Business Services Content. You do not obtain any right or claim to any design element through your use of the Site or incorporation of design elements into a design that you create, and we reserve the right to make the same design elements available to our other customers. We do not guarantee that any design that you create will not have similarities to designs that our other customers have created or may create with us. If you create a design using our design tools and services that is a derivative work of the design elements that we make available to you, all rights in and to such design elements or content shall continue to be owned by ACP Business Services and/or its licensors.

5.5. We make no warranty that a design you create using our design tools will not infringe, or be subject to a claim of infringing, any trademark or other intellectual property rights of another party. It is solely your responsibility to obtain the independent legal advice regarding whether the design created by you on ACP Business Services is legally available for your intended use and does not infringe the trademark or other intellectual property rights of another party. ACP Business Services shall have no liability to you in this regard.

6.    Use of our Site, ACP Business Services Content and Products

6.1. Subject to these ACP Business Services Terms, you are granted permission to access and use this Site and ACP Business Services Content for the sole purpose of preparing, creating, designing, evaluating and ordering Products solely through ACP Business Services, unless such use involving a third party is expressly permitted by applicable law or provided for in these ACP Business Services Terms. No other download, retention, use, publication or distribution of any portion of the Site or ACP Business Services Content is authorized or permitted. Obtaining Products from ACP Business Services does not entitle you to use any portion of our ACP Business Services Content apart from the finished Products as they are supplied to you by ACP Business Services.

6.2. You agree to use this Site in a responsible manner that is in full compliance with these ACP Business Services Terms and all applicable laws, regulations, directives and/or codes. You represent and warrant that at all times you have complied and shall comply with all applicable restrictions arising out of any and all relevant sanctions and export and trade controls legislation, regulations or orders of the United Nations, the European Union and its Member States, Norway, Switzerland, the United Kingdom, the United States of America, and any other country whose laws, regulations or orders apply to the parties involved or activities covered or contemplated by these ACP Business Services Terms (collectively, the “Trade Laws”), and that you shall also refrain from performing any activity or omitting to perform an activity that will expose ACP Business Services and its ACP Business Services affiliates (including, without limitation, the legal entity or entities specifically identified in these ACP Business Services Terms) to breaching Trade Laws or any enforcement action or restrictive measures under the same. You further represent and warrant that you are not: (a) designated or otherwise sanctioned under, nor, if you are carrying on a business activity, ultimately owned (as to 50% or more of its shares or voting rights) or controlled by, or acting on behalf of, any party designated or otherwise sanctioned under, Trade Laws; or (b) ordinarily resident, organised or located in, nor will transfer directly or indirectly any Products received under these ACP Business Services Terms to: Cuba, Iran, North Korea, Syria, the Crimea region (including Sevastopol), the so-called Donetsk People’s Republic (DNR) or the so-called Luhansk People’s Republic (LNR).

7.    Restrictions on Use

7.1. Without limitation, you shall not use our Site, any ACP Business Services Content and/or any Product obtained from us:
a) to sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the rights granted to you under these ACP Business Services Terms;
b) in such a manner as to convey or obtain exclusive rights to any ACP Business Services Content or part thereof;
c) in any manner that violates applicable law, rules and regulations, whether local, state, provincial, national, international or otherwise;
d) for any use, or to create any content or messaging, that we determine, in our sole discretion, to be pornographic, offensive, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, indecent, libellous, invasive, slanderous, hateful, false or misleading, or inciting or promoting the hate, harassment or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease or immigration status or otherwise objectionable;
e) to violate any person’s right of privacy or publicity;
f) to infringe upon or misappropriate any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity;
g) to cause or allow any design or Product that you create using our Site which include stock photos and images to appear on more than 500,000 printed Products or to be incorporated into a television program, video or other digital production if the audience is expected to be greater than 500,000 viewers, in total;
h) for any use that would reasonably imply that ACP Business Services or the persons or property appearing in the ACP Business Services Content (if any), endorses any political, economic, conspiracy or other opinion-based movements or parties;
i) in connection with any form of data mining, extraction, or scraping on our Site, any ACP Business Services Content, any Product and/or the contents available therein for any purpose (including but not limited to AI, machine learning, and data science purposes);
j) to circumvent, bypass, restrict or otherwise avoid any measures we may use to prevent or restrict access to our Site, ACP Business Services Account, ACP Business Services Content and/or User Content;
k) in a way that places any person depicted in the Product in a bad light or they may find offensive, such as: use in pornography or adult content; tobacco ads; ads for adult entertainment clubs or similar venues, including prostitution, escort or similar services, all whether legal or not; political endorsements; or in a way that implies mental or physical illness or impairment.

7.2. For the avoidance of doubt, no ACP Business Services Content or portion thereof may be used on its own as a trademark or service mark. You agree and acknowledge that any trademark or service mark rights you may have in your Product or design that you create on our Site arise from and are limited to your distinctive combination of our ACP Business Services Content with other visual design elements provided or created by you. You agree and acknowledge that others may use similar portions of our ACP Business Services Content for similar goods and services.

7.3. We reserve the right, in our sole discretion, to refuse to accept or maintain any images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, audio, video, music, fonts, blog posts, trademarks, service marks, or other content uploaded or otherwise provided by you (“User Content”) or to temporarily or permanently refuse, change, suspend, discontinue, or terminate any order, or any portion thereof, any service to you and/or your account(s) at any time and for any reason, including, without limitation, due to print file issues, limitations on quantities available for purchase, unavailability, errors in product or pricing information, a violation by you of these ACP Business Services Terms and/or Product-Specific Terms and/or Additional Terms, or abuse of our standard policies or practices, your use of the Site and/or our Products for inappropriate purposes or you having engaged in undesirable activities or security concerns or problems identified through our efforts to avoid fraud and/or account abuse, in each case as determined by ACP Business Services in its sole discretion. You agree that neither ACP Business Services nor any of its ACP Business Services affiliates shall have liability of any kind to you or to any third party arising from any such refusal, change, discontinuation, suspension or termination.

7.4. You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these ACP Business Services Terms, including to contract with ACP Business Services for the placement, fulfillment and delivery of the Products that you order from ACP Business Services. By placing an order on the Site, you hereby grant to ACP Business Services and its ACP Business Services Affiliates an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license for all the duration of the intellectual property rights to reproduce, distribute, publicly display, perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for the purposes of (i) fulfilling and delivering your order, (ii) including your User Content in the Site and Services, (iii) offering and/or delivering the ACP Business Services products to you (including making your User Content available on the ACP Business Services’ platforms), and (iii) marketing products or services to you, and you represent and warrant that you have sufficient rights to grant us such permission.

8.    Indemnification

8.1. You agree to indemnify and hold harmless ACP Business Services, our ACP Business Services Affiliates, our and their directors, officers, employees and agents and all parties from whom ACP Business Services has licensed portions of ACP Business Services Content, from and against all liability, damages, costs and expenses, including reasonable legal fees and expenses, from any suit, claim or demand made by any third-party arising out of or resulting from: (i) your violation of these ACP Business Services Terms or any applicable laws; (ii) User Content; (iii) any third-party products and/or services we offer on our Site whether or not used for or in connection with a Product you have ordered on our Site. ACP Business Services reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of ACP Business Services. ACP Business Services will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

9.    Disclaimer of Warranty

9.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE SITE AND ACP BUSINESS SERVICES CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

9.2. You acknowledge that there are risks in using products or services provided by third parties (such as a ACP Business Services Affiliate or one of our partners) through this Site or in connection with our Products, and that ACP Business Services cannot and does not guarantee any specific outcomes from such use or interactions, and you hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by this third party, breach of warranty or contract, violation of rights, and any consequent claims.

9.3. ACP Business Services does not proof content uploaded or created by you prior to processing. You are responsible for carefully proofreading the copy and previewing your designs and correct any mistakes prior to placing your order. ACP Business Services is not responsible for any spelling, punctuation or grammatical errors made by you, inferior quality or low-resolution of uploaded images, design errors introduced by you in the Product or design creation process, errors in user-selected options such as choice of finish, or any other issues with an item that you approved when using the Site and ordered.

9.4. Some jurisdictions provide consumers with certain mandatory statutory rights (e.g., right to supplementary performance, right for a refund, repair or replacement, etc.) which cannot be waived or limited by contract, or only limited in certain circumstances. These Terms are qualified by such mandatory statutory rights where applicable and shall not be interpreted to waive, limit or otherwise abrogate such mandatory statutory rights.

9.5. Notwithstanding the foregoing, ACP Business Services shall have no obligations under any warranties or consumer guarantees, if the alleged defect, non-conformance or damage is found to have occurred as a result of misuse, use other than as set forth in the applicable user manual or instructions for use, neglect, improper installation or accident, or as a result of improper repair, alteration, modification, storage, transportation or improper handling or if the usability is impaired only slightly.

9.6. Any granted Product warranty hereunder, shall extend directly to you only and not to your customers, agents or representatives.

10. LIMITATION OF LIABILITY

10.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING FROM OR RELATING TO THESE ACP BUSINESS SERVICES TERMS OR YOUR USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR PRODUCTS AND SERVICES, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM ACP BUSINESS SERVICES, OR ANY PRODUCTS OR SERVICES YOU ORDERED THROUGH ACP BUSINESS SERVICES´S SITE DIRECTLY FROM ITS AFFILIATES OR ANY OTHER THIRD PARTY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE.

10.2. IN NO EVENT SHALL ACP BUSINESS SERVICES´S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE ACP BUSINESS SERVICES TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (i) THE TOTAL AMOUNT PAID OR PAYABLE BY YOU FOR OUR PROVISION OF THE PRODUCTS PURSUANT TO THESE ACP BUSINESS SERVICES TERMS OR (ii) $500 DOLLARS.

11. Site Feedback

11.1. Any comments, suggestions, proposals or other feedback (collectively “Feedback”) provided to ACP Business Services in connection with the Site, including its Content or any of our offered and/or supplied Products, shall be provided by you and received by ACP Business Services on a non-confidential and non-proprietary basis. All such Feedback shall become the exclusive property of ACP Business Services. By submitting any such Feedback to ACP Business Services, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the Feedback, including all copyrights and other intellectual property rights therein. You agree that ACP Business Services shall be free to use such Feedback on an unrestricted basis.

12. Privacy and our Use of Cookies

12.1. The ACP Business Services Privacy and Cookie Notice describes how we collect, use, disclose, store and protect the information when you access and use our Site. The ACP Business Services Privacy and Cookie Notice applies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.

13. Modifications

13.1. We reserve the right, in our sole discretion, to update, change, suspend or terminate any part of the ACP Business Services Terms, including the ACP Business Services Product-Specific Terms and the Additional Terms, for any reason, at any time, with or without prior notice. All such changes will become effective immediately after we post them on the Site. You agree that it is your responsibility to regularly check the Site for any updated terms. Your continued access to or use of the Site and Products after we provide a notice, if applicable, or after we post such updated terms, constitutes your acceptance of the updated terms and conditions. If you do not agree to the modified terms and conditions, you must stop accessing and using the Site and Products.

14. Governing Law, Jurisdiction and Dispute Resolution

14.1. All issues related to the protection, infringement or misuse of copyrighted materials shall be governed by the copyright laws of Australia. All other matters relating to your access to or use of this Site shall be governed by the laws of the New South Wales without giving effect to any choice of conflict of law provision, principle or rule (whether of the State of New South Wales or any other jurisdiction). You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these ACP Business Services Terms.

14.2. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in a state or federal court located in NSW, Australia. You agree to submit to the jurisdiction of the courts located in NSW, Australia and agree that venue in these courts is proper in any such legal action or proceeding. You also agree to not assert, in any legal action or proceeding involving ACP Business Services, that a court sitting in NSW, Australia is an inconvenient forum for such legal action or proceeding. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND ACP BUSINESS SERVICES SHALL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS AND TO WAIVE YOUR RIGHT TO BRING ANY CLAIM AGAINST ACP BUSINESS SERVICES AS A PLAINTIFF OR A MEMBER OF A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTIONS (OR ANY OTHER LEGAL PROCEEDINGS CONDUCTED BY A GROUP OR BY REPRESENTATIVES ON BEHALF OF OTHERS).

15. Miscellaneous

15.1. Notices. You agree that we may provide all legal communications and notices electronically to you via our Site (including by posting them on our Site or in your ACP Business Services account) or by e-mail. ACP Business Services´s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent, unless otherwise indicated in the notice.

15.2. Entire Agreement. These ACP Business Services Terms, together with any other terms and conditions incorporated herein by reference, constitute the entire agreement between you and ACP Business Services with respect to the Site and Products, and supersede any and all prior and contemporaneous agreements, understandings, representations and warranties, whether written or oral, between ACP Business Services and you, including those made by or between any of our respective representatives, with respect to such subject matter.

15.3. Severability. In the event any provision of these ACP Business Services Terms is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.