Terms and Conditions
AMZ Labs PTY LTD ABN 52 695 098 303 Last Updated: 9 February 20261. Introduction and Acceptance of Terms
1.1 These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and AMZ Labs PTY LTD (ABN 52 695 098 303) ("AMZ Labs", "we", "us", or "our") governing your access to and use of our website, platforms, applications, and services (collectively, the "Services"). 1.2 By accessing or using our Services, creating an account, or engaging us for any project or service, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, which is incorporated herein by reference. 1.3 If you are accessing or using the Services on behalf of a business, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" or "your" shall include that entity. 1.4 If you do not agree to these Terms, you must not access or use our Services. 1.5 We reserve the right to update or modify these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically. 1.6 These Terms are governed by the laws of the State of Victoria, Australia, and the Commonwealth of Australia. These Terms are intended to comply with all applicable Australian laws, including the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), the Privacy Act 1988 (Cth), the Electronic Transactions Act 1999 (Cth), and the Spam Act 2003 (Cth). 1.7 Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies, or any guarantee, warranty, or other term or condition implied or imposed by any legislation (including the Australian Consumer Law) which cannot lawfully be excluded or limited. If any such legislation applies, to the extent that we are able to do so, our liability under any such legislation is limited, at our option, to the re-supply of the relevant Services or the payment of the cost of having the relevant Services re-supplied.2. Definitions
In these Terms, unless the context otherwise requires:
"Account" means a registered user account created to access and use certain features of the Services. "ACL" means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time. "APPs" means the Australian Privacy Principles set out in Schedule 1 of the Privacy Act 1988 (Cth). "Business Day" means a day that is not a Saturday, Sunday, or public holiday in the State of Victoria, Australia. "Confidential Information" means any information disclosed by one party to the other that is designated as confidential, or that ought reasonably to be considered confidential given the nature of the information or the circumstances of disclosure, but does not include information that is publicly available through no fault of the receiving party. "Consumer" has the meaning given to that term in the ACL. "Consumer Guarantee" means a guarantee that applies under Division 1 of Part 3-2 of the ACL. "Content" means any text, data, information, images, graphics, software, audio, video, or other material. "Deliverables" means any work product, software, documentation, reports, designs, or other materials created or developed by AMZ Labs in the course of providing the Services to you. "Fee" or "Fees" means the fees payable by you to AMZ Labs for the provision of Services, as set out in a Statement of Work, proposal, or as otherwise agreed in writing. "GST" has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). "Intellectual Property" or "Intellectual Property Rights" means all intellectual property rights, including patents, trade marks, designs, copyright, trade secrets, know-how, circuit layout rights, plant breeder's rights, domain names, and any application or right to apply for registration of any of those rights. "Personal Information" has the meaning given to that term in the Privacy Act 1988 (Cth). "Privacy Policy" means our privacy policy as published on our website and amended from time to time. "Services" means the technology consulting, software development, digital solutions, and related services provided by AMZ Labs, as further described in Section 4 of these Terms and in any applicable Statement of Work. "Statement of Work" or "SOW" means a document agreed upon by the parties that describes specific Services to be provided, Deliverables, timelines, Fees, and other project-specific terms. "Third-Party Services" means any services, platforms, applications, or content provided by third parties that may be accessed through or integrated with our Services. "User Content" means any Content that you submit, upload, post, or otherwise make available through the Services.3. Company Information
3.1 The Services are provided by:4. Services Description
4.1 Overview. AMZ Labs provides technology consulting, custom software development, and digital solutions to businesses and individuals. Our Services include, but are not limited to:(a) Technology Consulting — strategic technology advisory, digital transformation consulting, IT infrastructure assessment, systems architecture review, and technology roadmap planning;
(b) Software Development — custom software design and development, web application development, mobile application development, API development and integration, and software maintenance and support;
(c) Digital Solutions — cloud-based solutions, data analytics and reporting, automation solutions, UI/UX design, and digital product development;
(d) Support and Maintenance — ongoing technical support, software updates and upgrades, bug fixes and performance optimisation, and monitoring services; and
(e) Other Services — any additional services as agreed upon in writing between you and AMZ Labs, including those set out in a Statement of Work.
4.2 Statements of Work. The specific scope, deliverables, timeline, and fees for individual projects or engagements will be set out in a Statement of Work agreed to by both parties. In the event of any conflict between these Terms and a Statement of Work, the Statement of Work shall prevail to the extent of the inconsistency, except where these Terms contain provisions required by law that cannot be contracted out of. 4.3 Service Modifications. We reserve the right to modify, update, or discontinue any aspect of our Services at any time. Where such modifications materially affect an existing engagement governed by a Statement of Work, we will provide you with reasonable prior written notice and work with you to minimise any disruption. 4.4 No Guarantee of Outcomes. While we will use reasonable skill and care in providing the Services, we do not guarantee specific business outcomes, results, or returns from the use of our Services, except as required under the Consumer Guarantees which cannot be excluded under the ACL. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. 4.5 Third-Party Services. Our Services may integrate with or rely upon Third-Party Services. We are not responsible for the availability, accuracy, or performance of any Third-Party Services, and your use of such services may be subject to separate terms and conditions imposed by those third parties.5. User Accounts and Registration
5.1 Account Creation. To access certain features of the Services, you may be required to create an Account. When creating an Account, you must provide accurate, current, and complete information as requested, and you agree to keep your Account information up to date. 5.2 Account Security. You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your password. You agree to:(a) choose a strong and unique password;
(b) not share your Account credentials with any other person;
(c) not permit any other person to access the Services using your Account; and
(d) immediately notify AMZ Labs if you become aware of any unauthorised use of your Account or any other breach of security.
5.3 Liability for Account Activity. You are responsible for all activity that occurs under your Account, whether or not authorised by you, except to the extent that such activity results from our failure to maintain reasonable security measures or our negligence. 5.4 Account Suspension and Termination. We may suspend or terminate your Account at any time if:(a) you breach any provision of these Terms;
(b) you provide false, inaccurate, or misleading information;
(c) your Account is used for any unlawful activity; or
(d) we are required to do so by law or a regulatory authority.
We will provide you with reasonable notice before suspending or terminating your Account where practicable, together with reasons for the suspension or termination, except where we are prevented from doing so by law or where immediate action is necessary to prevent harm.
5.5 Account Deletion. You may request the deletion of your Account at any time by contacting us. Upon deletion, we will handle your Personal Information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). Deletion of your Account does not release you from any outstanding obligations or Fees owed to us.6. User Obligations and Acceptable Use
6.1 General Obligations. In accessing and using the Services, you agree to:(a) comply with all applicable laws, regulations, and codes of conduct, including the laws of the Commonwealth of Australia and the State of Victoria;
(b) comply with all reasonable directions and requirements communicated by AMZ Labs in relation to the Services;
(c) provide timely and accurate information, materials, access, and cooperation reasonably required by AMZ Labs to perform the Services; and
(d) ensure that your use of the Services does not infringe the rights of any third party.
6.2 Prohibited Conduct. You must not, and must not permit any third party to:(a) use the Services for any unlawful, fraudulent, or malicious purpose;
(b) interfere with, disrupt, or place an unreasonable burden on the Services or any networks or servers connected to the Services;
(c) attempt to gain unauthorised access to any part of the Services, other users' Accounts, or any systems or networks connected to the Services;
(d) use the Services to transmit any viruses, malware, spyware, or other harmful code;
(e) use the Services to send unsolicited commercial electronic messages in breach of the Spam Act 2003 (Cth);
(f) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software forming part of the Services, except to the extent permitted by law;
(g) reproduce, copy, modify, distribute, or create derivative works of any part of the Services without our prior written consent;
(h) use the Services in a manner that could damage, disable, overburden, or impair the functioning of the Services;
(i) use any automated means, including bots, scrapers, or spiders, to access or interact with the Services without our prior written consent; or
(j) engage in any conduct that is defamatory, obscene, threatening, harassing, discriminatory, or otherwise objectionable.
6.3 User Content. You are solely responsible for any User Content you submit through the Services. You represent and warrant that:(a) you own or have all necessary rights, licences, and permissions to submit the User Content;
(b) the User Content does not infringe the Intellectual Property Rights or other rights of any third party; and
(c) the User Content does not violate any applicable law or regulation.
6.4 Consequences of Breach. If you breach any of your obligations under this Section 6, we may, in addition to any other remedies available to us at law or in equity, immediately suspend or terminate your access to the Services and your Account.7. Intellectual Property Rights
7.1 AMZ Labs Intellectual Property. All Intellectual Property Rights in and to the Services, including but not limited to the website, software, platforms, tools, methodologies, frameworks, designs, logos, trade marks, and any proprietary technology developed by AMZ Labs (collectively, "AMZ Labs IP"), are and shall remain the exclusive property of AMZ Labs or its licensors. Nothing in these Terms grants you any right, title, or interest in or to the AMZ Labs IP, except for the limited licence granted in Section 7.3. 7.2 Deliverables. Unless otherwise agreed in a Statement of Work:(a) upon full payment of all applicable Fees, AMZ Labs assigns to you all Intellectual Property Rights in the custom Deliverables specifically created for you under a Statement of Work, excluding any Pre-Existing IP (as defined below);
(b) "Pre-Existing IP" means any Intellectual Property Rights owned by or licensed to AMZ Labs that exist prior to the commencement of the relevant Statement of Work, or that are developed independently of the Statement of Work, including general-purpose tools, libraries, frameworks, methodologies, and know-how;
(c) AMZ Labs retains all rights in its Pre-Existing IP. To the extent that any Pre-Existing IP is incorporated into the Deliverables, AMZ Labs grants you a non-exclusive, perpetual, royalty-free, worldwide licence to use such Pre-Existing IP solely as part of and to the extent necessary to use the Deliverables for your internal business purposes; and
(d) AMZ Labs retains the right to use any general knowledge, skills, experience, ideas, concepts, techniques, and know-how acquired or developed in the course of performing the Services, provided that AMZ Labs does not disclose your Confidential Information.
7.3 Limited Licence to Use Services. Subject to your compliance with these Terms, AMZ Labs grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your lawful business or personal purposes. 7.4 User Content Licence. By submitting User Content through the Services, you grant AMZ Labs a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, and display the User Content solely to the extent necessary to provide the Services to you. This licence terminates when you delete your User Content or your Account, except where the User Content has been shared with other users or third parties as part of the Services and cannot reasonably be retrieved. 7.5 Feedback. If you provide AMZ Labs with any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services ("Feedback"), you acknowledge that AMZ Labs may freely use, copy, modify, and incorporate such Feedback without any obligation or compensation to you. 7.6 Infringement. If you become aware of any actual or suspected infringement of AMZ Labs' Intellectual Property Rights, you agree to promptly notify us.8. Privacy and Data Collection
8.1 Privacy Policy. We collect, use, hold, and disclose Personal Information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth), and the Australian Privacy Principles (APPs). Our Privacy Policy is available on our website and forms part of these Terms. 8.2 Collection of Personal Information. In accordance with APP 3 (Collection of solicited personal information) and APP 5 (Notification of the collection of personal information), we may collect the following types of Personal Information from you:(a) Identity Information — your name, date of birth, and identification documents;
(b) Contact Information — your email address, telephone number, postal address, and business address;
(c) Account Information — your username, password (stored in encrypted form), and Account preferences;
(d) Financial Information — your billing address, payment card details, bank account details, and transaction history, as necessary to process payments;
(e) Technical Information — your IP address, browser type and version, device information, operating system, and usage data;
(f) Professional Information — your business name, ABN, position or title, and professional qualifications; and
(g) Communications — records of your communications with us, including emails, support requests, and feedback.
8.3 Purpose of Collection. We collect your Personal Information for the following purposes:(a) to provide, maintain, and improve the Services;
(b) to process transactions and send related information, including invoices and payment confirmations;
(c) to create and manage your Account;
(d) to communicate with you about the Services, including sending technical notices, updates, and support messages;
(e) to comply with our legal obligations under Australian law; and
(f) to protect the rights, property, or safety of AMZ Labs, our users, or the public.
8.4 Consent. By using the Services and providing your Personal Information to us, you consent to the collection, use, and disclosure of your Personal Information in accordance with our Privacy Policy and these Terms. You may withdraw your consent at any time by contacting us, though this may affect your ability to use certain features of the Services. 8.5 Disclosure to Third Parties. We may disclose your Personal Information to third parties only in accordance with APP 6 (Use or disclosure of personal information), including to:(a) our service providers and contractors who assist us in providing the Services (subject to appropriate contractual protections);
(b) professional advisers, such as lawyers, accountants, and auditors;
(c) regulatory authorities, law enforcement agencies, or courts, as required by law; and
(d) any other party with your express consent.
8.6 Cross-Border Disclosure. In accordance with APP 8 (Cross-border disclosure of personal information), if we disclose your Personal Information to recipients located outside Australia, we will take reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to that information. We will inform you of any cross-border disclosures through our Privacy Policy. 8.7 Data Security. In accordance with APP 11 (Security of personal information), we will take reasonable steps to protect your Personal Information from misuse, interference, loss, unauthorised access, modification, or disclosure. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security. 8.8 Access and Correction. In accordance with APP 12 (Access to personal information) and APP 13 (Correction of personal information), you have the right to:(a) request access to the Personal Information we hold about you; and
(b) request correction of any Personal Information that is inaccurate, out of date, incomplete, irrelevant, or misleading.
We will respond to such requests within a reasonable period and in accordance with the Privacy Act 1988 (Cth). You may also lodge a complaint with the Office of the Australian Information Commissioner (OAIC) if you believe we have breached the APPs.
8.9 Notifiable Data Breaches. In accordance with Part IIIC of the Privacy Act 1988 (Cth), if we become aware of an eligible data breach that is likely to result in serious harm to any individual whose Personal Information is involved, we will notify the affected individuals and the OAIC as required by law.9. Payment Terms
9.1 Fees. You agree to pay all Fees for the Services as set out in the applicable Statement of Work, proposal, or as otherwise agreed in writing between the parties. Unless otherwise specified, all Fees are quoted and payable in Australian Dollars (AUD). 9.2 GST. Unless otherwise expressly stated, all Fees and charges set out in these Terms, a Statement of Work, or a proposal are exclusive of GST. If GST is payable on any supply made under or in connection with these Terms, the recipient of the supply must pay to the supplier an additional amount equal to the GST payable on that supply, provided that the supplier issues a valid tax invoice to the recipient. Terms used in this clause have the meanings given to them in the *A New Tax System (Goods and Services Tax) Act 1999* (Cth). 9.3 Invoicing and Payment. Unless otherwise agreed in a Statement of Work:(a) AMZ Labs will issue invoices in accordance with the payment schedule set out in the applicable Statement of Work or proposal;
(b) all invoices are due and payable within fourteen (14) days of the date of invoice, unless otherwise specified;
(c) payment may be made by electronic funds transfer (EFT), credit card, or such other method as AMZ Labs may accept from time to time; and
(d) all payments must be made without set-off, counterclaim, or deduction, except as required by law.
9.4 Late Payment. If you fail to pay any amount due under these Terms by the due date:(a) AMZ Labs may charge interest on the overdue amount at a rate of 2% per annum above the cash rate published by the Reserve Bank of Australia, calculated daily from the due date until the date of actual payment;
(b) AMZ Labs may suspend the provision of Services until all outstanding amounts are paid in full; and
(c) you will be liable for all reasonable costs and expenses incurred by AMZ Labs in recovering overdue amounts, including legal fees and debt collection costs.
9.5 Variations to Fees. AMZ Labs may vary its standard Fees from time to time. Any variation to Fees applicable to an existing Statement of Work will require the written agreement of both parties. We will provide you with reasonable notice of any changes to our standard Fee schedules. 9.6 Expenses. Unless otherwise agreed in a Statement of Work, you are responsible for reimbursing AMZ Labs for all reasonable out-of-pocket expenses incurred in connection with the performance of the Services, provided that AMZ Labs obtains your prior written approval for any individual expense exceeding $500 AUD (exclusive of GST). 9.7 Taxes. Except for GST (addressed in Section 9.2), each party is responsible for its own tax obligations arising from or in connection with these Terms. You are responsible for any withholding taxes, duties, or government charges applicable in your jurisdiction.10. Refund Policy
10.1 Consumer Guarantees. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For services, you are entitled to a remedy if the services fail to meet a Consumer Guarantee, including where the services:(a) are not provided with due care and skill;
(b) are not fit for a particular purpose that you made known to us;
(c) are not provided within a reasonable time (where no time is specified); or
(d) do not meet the description or specifications agreed upon.
10.2 Remedies for Failure to Meet Consumer Guarantees. If a Consumer Guarantee is not met:(a) For a major failure — you may cancel the service contract and obtain a refund for the unconsumed portion of the Services, or seek compensation for the drop in value of the Services. A failure is a "major failure" if: (i) the services would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure; (ii) the services are substantially unfit for a purpose for which services of the same kind are commonly supplied, and cannot easily and within a reasonable time be remedied to make them fit for such purpose; or (iii) the services are unsafe.
(b) For a minor failure — AMZ Labs will, at its option, re-supply the Services or refund the amount paid for the affected portion of the Services, within a reasonable time. AMZ Labs is entitled to choose the remedy for a minor failure.
10.3 Requesting a Refund. To request a refund, you must:(a) contact AMZ Labs in writing, providing details of the issue and the relevant Service or Statement of Work;
(b) provide any supporting documentation or evidence reasonably requested by AMZ Labs; and
(c) submit your request within a reasonable time after becoming aware of the issue.
10.4 Refund for Pre-Paid Services. If you have pre-paid for Services that have not yet been commenced or delivered:(a) you may request a refund of the pre-paid amount, less any reasonable costs already incurred by AMZ Labs in preparation for the Services; and
(b) AMZ Labs will process approved refunds within fourteen (14) Business Days of the refund being approved.
10.5 No Refund for Completed Services. Subject to your rights under the Consumer Guarantees, no refund will be provided for Services that have been fully performed and accepted by you in accordance with the applicable Statement of Work. 10.6 Refund Method. All refunds will be processed using the same payment method originally used for the transaction, unless otherwise agreed in writing. 10.7 Limitation — ACL Rights Preserved. Nothing in this Section 10 is intended to exclude, restrict, or modify your rights under the ACL Consumer Guarantees. To the extent that this Section 10 is inconsistent with any Consumer Guarantee, the Consumer Guarantee shall prevail. 10.8 Dispute Resolution. If you are dissatisfied with our response to a refund request, you may pursue the dispute resolution process outlined in these Terms, or you may contact the relevant state or territory consumer protection agency or the Australian Competition and Consumer Commission (ACCC) for further assistance.11. Limitation of Liability
11.1 Australian Consumer Law Notice
Important: Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (Schedule 2 of the *Competition and Consumer Act 2010* (Cth)) or any other applicable law that cannot lawfully be excluded or limited. If the Australian Consumer Law applies to you as a consumer, the following limitations are subject to your statutory rights and remedies under the Australian Consumer Law.11.2 Consumer Guarantee Statement
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
11.3 Limitation Where Permitted
To the maximum extent permitted by applicable law (and subject to Sections 11.1 and 11.2 above), AMZ Labs PTY LTD, its directors, officers, employees, agents, contractors, and affiliates shall not be liable for:
(a) any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunity, loss of goodwill, or business interruption;
(b) any damages arising from:
— your use of or inability to use the Services;
— any unauthorised access to or alteration of your transmissions or data;
— any third-party conduct or content on or through the Services;
— any errors, omissions, or inaccuracies in any content; or
— any other matter relating to the Services,
whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not AMZ Labs has been advised of the possibility of such damages.
11.4 Cap on Liability
Where liability cannot be excluded but can be limited under applicable law, AMZ Labs' total aggregate liability to you for all claims arising out of or in connection with these Terms or the Services shall not exceed the greater of:
(a) the total fees paid by you to AMZ Labs during the twelve (12) months immediately preceding the event giving rise to the claim; or
(b) one hundred Australian dollars (AUD $100).
11.5 Basis of the Bargain
You acknowledge and agree that the limitations of liability set out in this Section 11 reflect a fair and reasonable allocation of risk between you and AMZ Labs, and that these limitations form an essential basis of the bargain between the parties. AMZ Labs would not be able to provide the Services to you on an economically viable basis without these limitations.
12. Indemnification
12.1 Your Indemnification Obligations
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless AMZ Labs PTY LTD, its directors, officers, employees, agents, contractors, licensors, service providers, subcontractors, and affiliates (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and disbursements) arising out of or in connection with:
(a) your use of, or access to, the Services;
(b) your breach of these Terms or any representation or warranty made by you herein;
(c) your violation of any applicable law, regulation, or third-party right, including any intellectual property, privacy, or proprietary right;
(d) any content, data, or materials you submit, post, upload, or otherwise transmit through the Services;
(e) your negligent or wilful misconduct; or
(f) any dispute between you and any third party arising from your use of the Services.
12.2 Indemnification Procedure
AMZ Labs shall:
(a) provide you with prompt written notice of any claim for which indemnification is sought (provided that failure to provide timely notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such delay);
(b) grant you sole control of the defence and settlement of such claim (provided that you may not settle any claim in a manner that adversely affects AMZ Labs' rights without AMZ Labs' prior written consent); and
(c) provide reasonable cooperation and assistance in the defence of such claim at your expense.
12.3 Consumer Law Limitation
This Section 12 does not apply to the extent that it would contravene or restrict any rights you have under the Australian Consumer Law or any other mandatory consumer protection legislation.
13. Disclaimers and Warranties
13.1 Mandatory Consumer Guarantee Notice
Under the Australian Consumer Law, our goods and services come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.Nothing in this Section 13 purports to exclude, restrict, or modify any consumer guarantee or any other right or remedy you may have under the Australian Consumer Law or any other applicable statutory provision that cannot lawfully be excluded or modified.
13.2 General Disclaimer
Subject to Section 13.1, and to the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to:
(a) implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
(b) warranties relating to the accuracy, reliability, completeness, or timeliness of any content available through the Services;
(c) warranties that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components; and
(d) warranties arising out of course of dealing, usage, or trade.
13.3 No Professional Advice
The information, content, and materials provided through the Services are for general informational purposes only and do not constitute professional advice (including, without limitation, legal, financial, tax, medical, or technical advice). You should seek independent professional advice before making any decision based on information obtained through the Services.
13.4 Technology Disclaimer
AMZ Labs does not warrant that:
(a) the Services will meet your specific requirements or expectations;
(b) any results obtained from the use of the Services will be accurate, reliable, or complete;
(c) any defects or errors in the Services will be corrected within any particular timeframe; or
(d) the Services will be compatible with any particular hardware, software, or network configuration.
13.5 Third-Party Content
AMZ Labs makes no representations or warranties regarding any content, products, or services provided by third parties, even if such content is accessible through or linked from our Services.
14. Third-Party Links and Services
14.1 Third-Party Content
The Services may contain links to third-party websites, applications, services, or resources (collectively, "Third-Party Services") that are not owned, controlled, or operated by AMZ Labs. The inclusion of any link does not imply endorsement, approval, or affiliation by AMZ Labs.
14.2 No Responsibility
AMZ Labs has no control over, and assumes no responsibility for, the content, privacy policies, practices, availability, or performance of any Third-Party Services. You acknowledge and agree that AMZ Labs shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any Third-Party Services.
14.3 Third-Party Terms
Your use of Third-Party Services is subject to the terms and conditions and privacy policies of those third parties. You are responsible for reviewing and complying with any applicable third-party terms. We strongly recommend that you read the terms and privacy policy of any Third-Party Service that you visit or use.
14.4 Third-Party Integrations
Where the Services integrate with or rely upon Third-Party Services, AMZ Labs does not guarantee the continued availability, compatibility, or functionality of such integrations. AMZ Labs reserves the right to discontinue any third-party integration at any time without prior notice.
15. Termination and Suspension
15.1 Termination by You
You may terminate your account and cease using the Services at any time by:
(a) contacting AMZ Labs using the details provided in Section 22; or
(b) following the account closure procedures available through the Services (if applicable).
15.2 Termination or Suspension by AMZ Labs
AMZ Labs may, at its sole discretion and without prior notice, suspend or terminate your access to all or part of the Services if:
(a) you breach any provision of these Terms;
(b) AMZ Labs is required to do so by law, regulation, or a court or government order;
(c) your conduct may expose AMZ Labs, its users, or any third party to legal liability or reputational harm;
(d) your account has been inactive for an extended period;
(e) there is suspected unauthorised access to or use of your account; or
(f) AMZ Labs decides to discontinue the Services, in whole or in part.
15.3 Effect of Termination
Upon termination or suspension of your access to the Services:
(a) your right to access and use the Services will immediately cease;
(b) AMZ Labs may delete or deactivate your account and all related data, content, and information, subject to any applicable legal retention requirements;
(c) any fees owed to AMZ Labs prior to termination shall remain payable; and
(d) the following Sections shall survive termination: Sections 7 (Intellectual Property), 8 (Privacy & Data), 11 (Limitation of Liability), 12 (Indemnification), 13 (Disclaimers & Warranties), 16 (Dispute Resolution), 19 (Severability), 20 (Governing Law & Jurisdiction), and 21 (Entire Agreement).
15.4 Refunds on Termination
Any refund entitlements arising from termination shall be determined in accordance with Section 10 (Refund Policy) and your rights under the Australian Consumer Law.
15.5 No Liability for Termination
To the maximum extent permitted by applicable law, AMZ Labs shall not be liable to you or any third party for any termination or suspension of your access to the Services, provided that such termination does not contravene your rights under the Australian Consumer Law.
16. Dispute Resolution
16.1 Informal Resolution
In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the Services (a "Dispute"), the parties agree to first attempt to resolve the Dispute through good faith informal negotiation. The aggrieved party shall provide written notice to the other party describing the nature of the Dispute and the relief sought (a "Dispute Notice"). The parties shall use reasonable endeavours to resolve the Dispute within thirty (30) days of receipt of the Dispute Notice.
16.2 Mediation
If the Dispute is not resolved through informal negotiation within the period specified in Section 16.1, either party may refer the Dispute to mediation administered by the Resolution Institute (or its successor body) in accordance with its mediation rules. The mediation shall be conducted in Melbourne, Victoria, Australia (or by videoconference if agreed by both parties). The costs of the mediator shall be shared equally between the parties, with each party bearing its own costs of participation.
16.3 Litigation
If the Dispute is not resolved through mediation within sixty (60) days of the referral to mediation (or such other period as agreed by the parties), either party may commence proceedings in the courts specified in Section 20.
16.4 Consumer Disputes
Notwithstanding the above, nothing in this Section 16 prevents you from:
(a) making a complaint to a relevant government body or regulator, including the Australian Competition and Consumer Commission (ACCC) or Consumer Affairs Victoria;
(b) lodging an application with the Victorian Civil and Administrative Tribunal (VCAT) for resolution of a consumer dispute; or
(c) exercising any other rights or remedies available to you under the Australian Consumer Law or other applicable legislation.
16.5 Injunctive Relief
Nothing in this Section 16 shall prevent either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction where it is necessary to prevent irreparable harm.
16.6 Continuation of Obligations
The parties shall continue to perform their respective obligations under these Terms during the pendency of any dispute resolution procedure, unless and until these Terms are terminated in accordance with Section 15.
17. Force Majeure
17.1 Definition
A "Force Majeure Event" means any event or circumstance beyond the reasonable control of a party, including but not limited to:
(a) natural disasters, including earthquakes, floods, bushfires, storms, cyclones, or volcanic eruptions;
(b) epidemics, pandemics, or quarantine restrictions;
(c) war, armed conflict, terrorism, civil unrest, riots, or insurrection;
(d) government actions, sanctions, embargoes, legislation, or regulatory changes;
(e) strikes, lockouts, or other industrial action (other than by the affected party's own employees or contractors);
(f) failure or interruption of telecommunications, internet, or power supply infrastructure;
(g) cyberattacks, including distributed denial of service attacks, ransomware, or data breaches caused by malicious third parties; and
(h) any other event of a similar nature or effect that is beyond the reasonable control of the affected party.
17.2 Obligations
Neither party shall be liable for any delay in or failure to perform its obligations under these Terms (other than an obligation to pay money) to the extent that such delay or failure results from a Force Majeure Event, provided that the affected party:
(a) promptly notifies the other party in writing of the nature and expected duration of the Force Majeure Event;
(b) uses reasonable endeavours to mitigate the effects of the Force Majeure Event; and
(c) resumes performance of its obligations as soon as reasonably practicable after the Force Majeure Event ceases.
17.3 Extended Force Majeure
If a Force Majeure Event continues for a period exceeding ninety (90) days, either party may terminate the affected Services or these Terms by providing written notice to the other party.
18. Amendments to Terms
18.1 Right to Amend
AMZ Labs reserves the right to modify, amend, or update these Terms at any time at its sole discretion. The updated Terms will be effective as of the "Last Updated" date indicated at the top of the revised Terms.
18.2 Notification of Changes
AMZ Labs will use reasonable efforts to notify you of material changes to these Terms by one or more of the following methods:
(a) posting a notice on the website or within the Services;
(b) sending an email to the address associated with your account; or
(c) displaying a prominent notification within the Services upon your next login.
18.3 Acceptance of Changes
Your continued use of the Services after the effective date of any amended Terms constitutes your acceptance of and agreement to be bound by the updated Terms. If you do not agree with any changes, your sole remedy is to discontinue your use of the Services and terminate your account in accordance with Section 15.1.
18.4 Unfair Contract Terms
Any amendments to these Terms shall comply with the unfair contract terms provisions of the Australian Consumer Law. An amended term will not apply to you to the extent that it constitutes an unfair contract term within the meaning of Part 2-3 of the Australian Consumer Law.
19. Severability
19.1 Invalidity of Provisions
If any provision of these Terms is found by a court or tribunal of competent jurisdiction to be invalid, illegal, void, or unenforceable:
(a) such provision shall be severed from these Terms to the minimum extent necessary;
(b) the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way; and
(c) the parties shall negotiate in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision that, to the extent possible, achieves the original intent and economic effect of the severed provision.
19.2 Unfair Contract Terms
Without limiting Section 19.1, if any term of these Terms is declared void under the unfair contract terms provisions of Part 2-3 of the Australian Consumer Law, the remaining terms shall continue to apply to the extent they are capable of operating without the voided term.
20. Governing Law and Jurisdiction
20.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles, and the applicable laws of the Commonwealth of Australia.
20.2 Jurisdiction
The parties irrevocably submit to the exclusive jurisdiction of the:
(a) Supreme Court of Victoria;
(b) County Court of Victoria;
(c) Federal Court of Australia (Melbourne Registry); and
(d) any courts competent to hear appeals from those courts,
for the resolution of any dispute arising out of or in connection with these Terms.
20.3 VCAT Jurisdiction
Notwithstanding Section 20.2, nothing in these Terms prevents a consumer from bringing proceedings before the Victorian Civil and Administrative Tribunal (VCAT) in accordance with the *Victorian Civil and Administrative Tribunal Act 1998* (Vic) for any matter within VCAT's jurisdiction, including consumer and trader disputes.
20.4 Waiver of Objection
Each party irrevocably waives any objection to the venue of any proceedings on the ground that the proceedings have been brought in an inconvenient forum.
21. Entire Agreement
21.1 Complete Agreement
These Terms, together with the Privacy Policy, any applicable Service-specific terms, and any other documents expressly incorporated by reference herein, constitute the entire agreement between you and AMZ Labs PTY LTD with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
21.2 No Reliance
You acknowledge and agree that you have not relied on any statement, promise, representation, assurance, or warranty made by or on behalf of AMZ Labs that is not set out in these Terms.
21.3 Waiver
No failure or delay by AMZ Labs in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.
22. Contact Information
If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact us:
AMZ Labs PTY LTDABN 52 695 098 303
Business Hours: Monday to Friday, 9:00 AM – 5:00 PM AEST/AEDT (excluding Victorian public holidays)For complaints relating to consumer guarantees under the Australian Consumer Law, please contact us at the above details. If you are not satisfied with our response, you may contact:
*These Terms and Conditions are effective as of 9 February 2026.*
*AMZ Labs PTY LTD | ABN 52 695 098 303 | Victoria, Australia*
*This document does not constitute legal advice. AMZ Labs recommends that you seek independent legal advice before relying on or entering into any agreement based on these Terms.*