1. Acceptance of terms
These Terms of Use constitute a legally binding agreement between you and Ampion Pty Ltd (ABN 99 699 858 592, ACN 699 858 592) governing your access to and use of the website at ampionpty.site and any services we provide.
By accessing or using our website, engaging our services, or otherwise interacting with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services. These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia.
2. Services
Ampion Pty Ltd provides professional advisory and operational support services to businesses. The specific scope, deliverables, and fees for any engagement will be set out in a separate written agreement or proposal between the parties.
We reserve the right to:
- Modify, suspend, or discontinue any part of our services at any time without notice
- Refuse to provide services to any person or entity at our sole discretion
- Update or modify the content of our website at any time without notice
Nothing on our website constitutes a recommendation, endorsement, or offer to sell, or solicitation of, services to any person in any jurisdiction where such an offer or solicitation would be unlawful.
3. Intellectual property
Website content
All content on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software (collectively, the "Content"), is the property of Ampion Pty Ltd or its licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.
You may access the Content for your personal, non-commercial use only. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance, is strictly prohibited without the prior written consent of Ampion Pty Ltd.
Deliverables
Subject to payment of fees and these Terms, we may grant you a limited, non-exclusive, non-transferable licence to use any deliverables we produce for you. Ownership of all intellectual property in our deliverables remains with Ampion Pty Ltd or its licensors, except where expressly agreed in writing.
Feedback
Any suggestions, ideas, or feedback you provide regarding our services or website ("Feedback") will be deemed non-confidential, and we may use such Feedback without limitation or obligation to you. We do not warrant that our services or website will be uninterrupted, secure, or error-free.
4. User obligations and conduct
You agree to use our website and services lawfully and in a manner consistent with all applicable laws and regulations. You must not:
- Use our website in any way that could disable, impair, or interfere with the functioning of the website
- Attempt to gain unauthorised access to any portion of the website, accounts, or systems
- Use any automated system, including but not limited to bots, scrapers, or crawlers, to access the website without our express written permission
- Engage in any conduct that could constitute a criminal offence or give rise to civil liability
- Provide false or misleading information in any communication with us
We reserve the right to terminate or suspend your access to our website if you breach these Terms or engage in prohibited conduct.
5. Third-party links and services
Our website may contain links to third-party websites or services that are not owned or controlled by Ampion Pty Ltd. We do not endorse or assume any responsibility for any third-party websites or services. You acknowledge and agree that Ampion Pty Ltd shall not be liable for any damage or loss caused by reliance on third-party content, goods, or services. We recommend you read the terms and privacy policies of any third-party sites you visit.
6. Disclaimer and limitation of liability
Disclaimer
To the fullest extent permitted by applicable law, our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. While we endeavour to ensure the accuracy of information on our website, we do not warrant that it will be complete, accurate, reliable, or suitable for any purpose.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
Limitation of liability
To the fullest extent permitted by applicable law, in no event shall Ampion Pty Ltd, its directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of, or inability to access or use, our services or website
- Any conduct or content of any third party on our website
- Any content obtained from our website or services
- Unauthorised access, use, or alteration of your communications with us
Our total aggregate liability to you for all claims arising out of or related to these Terms or the provision of services, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the total amount paid by you to us for the services giving rise to the claim, or AUD 100, whichever is greater.
7. Indemnification
You agree to defend, indemnify, and hold harmless Ampion Pty Ltd, its directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal costs) arising out of or in any way connected with your access to or use of our website or services, your breach of these Terms, or your violation of any law or the rights of another person.
8. Termination
These Terms remain in effect until terminated by either party. We may, at our sole discretion, terminate or suspend your access immediately, without prior notice or liability, for any reason or no reason, including without limitation if you breach these Terms.
Upon termination, your right to use our website and services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to limitation of liability, indemnification, intellectual property, and governing law provisions.
Termination of your access to our services will not affect any fees owed for services rendered or work performed prior to termination.
9. Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of Western Australia and the laws of the Commonwealth of Australia, without regard to conflict of law principles. You agree that any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Western Australia and the courts of Australia.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed modified to the extent necessary to make it valid and enforceable, and the remaining provisions will remain in full force and effect.
10. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy provided by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other applicable legislation which, by law, cannot be excluded, restricted, or modified ("Non-excludable Rights").
To the maximum extent permitted by law, our liability for any breach of a Non-excludable Right is limited, at our option, to the replacement or re-supply of the services or the payment of the cost of doing so. You acknowledge that the services we provide are professional advisory services and are not consumer goods or services acquired for personal, domestic, or household use.
If you are a consumer under the ACL, you may have statutory guarantees that cannot be excluded. Nothing in these Terms is intended to limit your rights as a consumer under the ACL.
11. General provisions
- Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ampion Pty Ltd regarding our website and services, superseding any prior or contemporaneous communications, proposals, or agreements, whether oral or written.
- Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights, and no waiver of any provision will be deemed a continuing waiver of any other provision.
- Assignment: You may not assign or transfer these Terms without our prior written consent, but we may assign these Terms without restriction to any affiliate or successor in interest.
- Severability: If any provision is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Notices: All notices to us must be sent to ceo@ampionpty.site.
12. Contact us
If you have any questions about these Terms of Use, please contact us at:
Ampion Pty Ltd
ABN: 99 699 858 592
ACN: 699 858 592
Email: ceo@ampionpty.site
Domain: ampionpty.site