Terms of Use

Introduction

Welcome to Promo Amp Pty Ltd ("Promo Amp," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website, platform, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

Eligibility

By using our Services, you confirm that you are at least 18 years old or have the consent of a parent or legal guardian to use our Services. You must comply with all applicable laws and regulations when using our Services. You also represent and warrant that you have not been previously suspended or removed from our Services and that your registration and use of the Services comply with all applicable laws and regulations

Use of Services

You agree to use our Services only for lawful purposes and in a way that does not infringe the rights of others or restrict or inhibit their use of our Services. Prohibited activities include, but are not limited to:

• Engaging in fraudulent, misleading, or deceptive practices.
• Violating any applicable laws or regulations.
• Interfering with or disrupting the integrity or performance of our Services.
• Uploading or transmitting viruses, malware, or other malicious code.
• Attempting to gain unauthorised access to any part of the Services or other user accounts.

We reserve the right to investigate and take appropriate action, including legal action, against anyone who violates these Terms.

Account Registration

To access certain features of our Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the confidentiality of your account credentials.
• Notify us immediately of any unauthorized use of your account.
• Be responsible for all activities that occur under your account.

Failure to comply with these requirements may result in the suspension or termination of your accoun

Intellectual Property

All content, trademarks, and other intellectual property related to our Services are the property of Promo Amp or its licensors. You may not use, copy, reproduce, or distribute any content from our Services without our prior written consent.

You acknowledge that any feedback, suggestions, or ideas you provide to us regarding the Services ("Feedback") may be used by us without any obligation to compensate you. By providing Feedback, you grant us a perpetual, irrevocable, royalty-free license to use it in any manner we deem appropriate.

User-Generated Content

If you submit or share content through our Services, you:

1. Grant Promo Amp a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content in connection with our Services.
2. Warrant that you own or have the necessary rights to your content and that it does not infringe on any third-party rights.
3. Agree that your content will not contain material that is unlawful, defamatory, obscene, or otherwise objectionable.

We reserve the right to remove or disable access to any content that violates these Terms or is otherwise objectionable. We are not responsible for the accuracy, completeness, or legality of user-generated content.

Disclaimers

Our Services are provided "as is" and "as available." We do not guarantee that the Services will be error-free, uninterrupted, or meet your specific requirements. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement

Warranty Disclaimer

The Services are provided "as is" without any warranties of any kind. Promo Amp and its suppliers and licensors expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no guarantees that the Services will be free of errors, uninterrupted, or that defects will be corrected. Additionally, while we strive to provide a secure experience, we do not warrant that the Services are free from viruses, malware, or other harmful components. You use the Services at your own risk.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Promo Amp, its affiliates, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with your use of or inability to use the Services, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if Promo Amp has been advised of the possibility of such damages.

Promo Amp's total liability to you for all claims arising out of or relating to these Terms or the Services shall not exceed the greater of: (i) the amount you paid to Promo Amp for access to and use of the Services in the twelve (12) months immediately prior to the event giving rise to the liability, or (ii) AUD 100.

Promo Amp shall not be responsible or liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labour disputes, internet or telecommunications failure, or cybersecurity incidents.

The limitations of liability set forth herein shall apply even if a remedy set forth in these Terms fails of its essential purpose. Certain jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless Promo Amp, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, or expenses arising out of your use of the Services or your violation of these Terms.

Termination

We reserve the right to suspend or terminate your access to our Services at our discretion, without notice, for any breach of these Terms or for any other reason.

Upon termination, all provisions of these Terms that by their nature should survive termination will survive, including, but not limited to, ownership provisions, disclaimers, indemnities, and limitations of liability.

Change to Terms

We may update these Terms from time to time. Any changes will be effective immediately upon posting to our website. Your continued use of our Services constitutes acceptance of the updated Terms.

We encourage you to review these Terms periodically to stay informed of any updates.

Governing Law

These Terms are governed by the laws of the State of Victoria, Australia, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or the Services will be resolved in the courts of Victoria, Australia.

Contact Information

If you have any questions about these Terms, please contact us at:

Promo Amp Pty Ltd
216 Lower Heidelberg Road
Ivanhoe East 3079
Australia
Email: [email protected]