TERMS OF USE FOR GIGAMAX.COM.AU

The use of any product, service, or feature (collectively, the "Materials") available through the internet website and portal accessible at gigamax.com.au (the "Web Site") by any user ("You" or "Your") shall be governed by the following Terms of Use.

This Web Site is provided by GigaMax and shall be used for business operational and informational purposes only. By using the Web Site or downloading Materials from the Web Site, You hereby agree to abide by the terms and conditions set forth in these Terms of Use. If You do not agree to these terms and conditions, You are requested by GigaMax not to use the Web Site or download Materials from it.

1. Limited Licence

Subject to the terms and conditions set forth in these Terms of Use, GigaMax grants You a non-exclusive, non-transferable, limited right to access, use, and display this Web Site and the Materials thereon for Your internal business operations. You agree not to interrupt or attempt to interrupt the operation of the Web Site in any manner.

Unless otherwise specified, the Web Site is for Your designated business and commercial use as defined by Your subscription tier. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Web Site without explicit written authorization from GigaMax.

2. Client Data & Platform Infrastructure Responsibility

GigaMax provides the software, hosting infrastructure, and management tools for business administration purposes.

• Data Ownership & Liability: You retain full ownership, control, and sole liability for all data, files, personal information, client records, and content uploaded to, processed by, or collected through Your GigaMax portal.
• Regulatory Compliance: You are exclusively responsible for ensuring that Your collection, storage, and processing of data through the platform complies with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and any other local or international data protection laws applicable to Your business and Your end-users. GigaMax acts strictly as a service infrastructure provider and assumes no liability for client-managed data or regulatory non-compliance by You.

3. Third-Party Content & Integrations

The Web Site may make information or integrated services of third parties available, including payment gateways, mail servers, API integrations, and external feeds (the "Third-Party Content"). You acknowledge and agree that Third-Party Content is not created, owned, or endorsed by GigaMax.

By utilizing any Third-Party Content or activating integrations (such as PayPal), You may leave this Web Site or connect to an external network maintained by an entity other than GigaMax. If You decide to utilize these integrations, You do so at Your own risk, and it is Your responsibility to review and comply with the terms of those respective third-party providers. GigaMax makes no warranty or representation regarding, and does not endorse, any linked websites or external services.

4. No Warranties & Disclaimer

This Web Site, the information and Materials on the site, and any software made available through the platform are provided "as is" without any representation or warranty, express or implied, of any kind. This includes, but is not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose, subject to any non-excludable statutory guarantees under the Australian Consumer Law.

Despite GigaMax’s best endeavours, there is no warranty that this Web Site or its hosting infrastructure will be completely free of uninterrupted downtime or computer viruses. GigaMax reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site or modify pricing, plans, and features at any time without prior notice.

5. Limitation of Damages

In no event shall GigaMax or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential, or other damages (including, without limitation, any lost profits, business interruption, or loss of data) that are related to the use of, or the inability to use, the content, materials, and functions of this Web Site or any linked integration, even if GigaMax is expressly advised of the possibility of such damages.

6. Unlawful and Prohibited Use

As a condition of Your use of the Web Site, You shall not use the Web Site for any purpose that is unlawful or prohibited by these Terms of Use. You shall not use the Web Site in any manner that could damage, disable, overburden, or impair any GigaMax server, or the network connected to any GigaMax server, or interfere with any other party's use and enjoyment of the platform. You shall not attempt to gain unauthorised access to any section of the Web Site, other accounts, or computer systems through hacking, password mining, or any other malicious means.

7. Indemnity

You agree to indemnify and hold harmless GigaMax, its subsidiaries, and affiliates from any claim, cost, expense, judgment, or other loss relating to Your use of this Web Site in any manner, including without limitation, any action You take which is in violation of the terms and conditions of these Terms of Use or against any applicable law.

8. Governing Law & Jurisdiction

This Site is controlled, operated, and administered by GigaMax from within Australia. These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to its conflict of laws provisions. You explicitly agree that the appropr ¹ iate courts located in New South Wales, Australia, will have exclusive jurisdiction to resolve all disputes arising under these Terms of Use, and You hereby consent to personal jurisdiction in such a forum.