Terms of Conditions

Version 1.0 | Effective 7 May 2025

  1. Introduction

    1. Welcome to www.empireamplify.com.au (Website). The Website is operated by Empire Amplify Pty Ltd ACN 55 684 434 277 (Empire Amplify). Access to and use of the Website, or any of its associated products or Services, is provided by Empire Amplify. The Website allows EmpireOne members to access and use Empire Amplify's marketing services.

    2. By using Empire Amplify, you acknowledge and agree to these Terms, to ensure a professional and beneficial experience for all users.

  2. Service Eligibility

    1. Unless otherwise agreed by us in writing, these Terms apply exclusively to every Agreement and cannot be varied or replaced by any other terms, including your own terms and conditions (if any).

    2. These Terms may include additional terms in any of our order forms and/or quotations (if applicable), which are not inconsistent with these Terms.

    3. We may amend or vary these Terms by written notice to you at any time, and any such amendment or variation will apply after the notice date.

    4. To use our services, you must:

      1. Be at least 18 years old

      2. Provide accurate, complete, and current information

      3. Be a current EmpireOne member

        4. We reserve the right to decline or terminate access to our services at our discretion.

  3. Services

    1. We provide direct marketing services to EmpireOne members. Unlike EmpireOne, we are not a referral service but rather deliver marketing services directly. We operate as an independent business with our own systems and processes while maintaining a close relationship with EmpireOne.

    2. We receive certain client information from EmpireOne (with your consent) to facilitate the provision of our services. This information sharing is designed to create a seamless experience for EmpireOne members.

    3. Any period or date for the provision of Services stated by us is an estimate only and not a contractual commitment.

    4. We will use our reasonable endeavours to meet any estimated dates for provision of the Services but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.

    5. If we cannot complete the Services by any estimated date, we will complete the Services within a reasonable time.

    6. You acknowledge and agree that:

      1. Our Services may involve the use of, connection to, and/or connection of goods or equipment to, the internet (Internet Use);

      2. We do not guarantee or warrant that any such Internet Use is impenetrable, unbreachable or otherwise beyond or safe from cyber attack; and

      3. To the maximum extent permitted at law, we exclude all liability for any damage or loss arising from any breach or cyber-attack on or during such Internet Use.

  4. Fees and Payments

    1. Our marketing services are provided on a fee-for-service basis. All fees will be clearly outlined in a service agreement before work commences. Payment terms, including deposits and installment plans, will be specified in the service agreement. Fees are non-refundable unless required by law or specifically stated in the service agreement.

  5. User Obligations

    1. You agree to:

      1. Provide accurate and up-to-date information

      2. Use the Service lawfully and ethically

      3. Not share your account details with others

      4. Not misuse, reproduce, or distribute our proprietary information without permission

      5. Maintain your EmpireOne membership

      6. Provide necessary marketing materials and approvals in a timely manner

      7. Cooperate with our team to achieve the agreed marketing outcomes

  6. Liability

    1. Except as these Terms specifically state or contained in any warranty statement provided, the Agreement does not include by implication any term, condition, or warranty in respect to the quality, acceptability, fitness for purpose, description, design, application or performance of the Service, or any contractual remedy for their failure.

    2. If you are a consumer nothing in these Terms restricts, limits or modifies your rights or remedies against us for failure of a statutory guarantee under the ACL.

    3. We are not liable for any indirect or consequential losses or expenses suffered by you or any third party, howsoever causes, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed under the ACL.

    4. You acknowledge that:

      1. It is your responsibility to ensure the Service is suitable and fit for the intended purpose, and that we make no representation that the Service is suitable or fit for your intended purpose

      2. You have not relied on any Service involving skill and judgement, or on any advice, assistance, information, or recommendation provided by us in relation to the Services or their use or application; and

      3. You have not made known, expressly or by implication, to us any purpose for which you require the Services, and you have the sole responsibility of satisfying itself that the Services are suitable for your use

    5. We will not be liable for any loss or damage suffered by you where we cancel or suspend our Services, except to the extent of any liability Imposed by the ACL.

    6. Nothing in these Terms is to be interpreted as excluding, restricting, or modifying the application of any State or Federal legislation applicable to the supply of Services which cannot be so excluded, restricted or modified.

  7. Intellectual Property

    1. You retain ownership of your pre-existing intellectual property. We retain ownership of any intellectual property we create during the provision of our services, unless otherwise specified in a written agreement. Upon full payment for our services, you will receive a license to use any deliverables created specifically for your business for their intended purpose.

    2. You grant us permission to use your brand assets for the purpose of delivering our services. We may also request permission to use the work we create for you in our portfolio, which you may decline.

  8. Cancellation and Termination

    1. You may cancel services in accordance with the cancellation policy specified in your service agreement. Cancellation may incur fees based on work already completed. We may terminate your access to our services if:

      1. You violate these Terms

      2. You engage in fraudulent or inappropriate conduct

      3. You fail to make required payments

      4. You cease to be an EmpireOne member

  9. Limitation of Liability

    1. To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, or consequential damages resulting from your use of our Services. Our total liability for any claim arising from our services will not exceed the total amount paid by you for the specific service giving rise to the claim.

  10. Force Majeure

    1. Neither party will be liable in any way under the Agreement to the extent that it is prevented from acting by a Force Majeure Event.

    2. If a Force Majeure Event occurs, the affected party must promptly notify the other party of the existence and expected duration of the Force Majeure Event, take all reasonable steps to alleviate or remedy the effect of the Force Majeure Event, and resume performance of an obligation prevented by the Force Majeure Event as soon as practicable after the Force Majeure Event ceases.

    3. If a Force Majeure Event prevents performance of an obligation beyond 60 days, either party may suspend or cancel the Agreement by written notice.

    4. Nothing in this section operates to excuse you from any obligation to pay money owing to us.

  11. Privacy

    1. Our Privacy Policy governs how we collect, store, and use your personal data. By using our Service, you consent to our data practices. Our Privacy Policy can be found at www.empireamplify.com.au/privacy-policy.

  12. Amendments

    1. We reserve the right to amend these Terms. Updates will be posted on our website, and continued use of the Service constitutes

  13. Governing Law

    1. These Terms are governed by the laws of Victoria, Australia. Any disputes must be resolved in Victorian courts.

  14. General

    1. We may, at our discretion, terminate the Agreement if we reasonably believe you have breached these Terms or committed fraud; and that the breach is not capable of remedy, or it has not been remedied within the provided time period.

    2. A notice must be in writing and handed personally or sent by email or pre-paid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by email are deemed to be received upon confirmation of successful transmission.

    3. Failure by a party to enforce any of the Terms shall not be construed as a waiver of any of that party's rights.

    4. If any of these Terms are unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.

  15. Definitions

    • ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and It's associated regulations as amended;

    • Agreement means any agreement for the provision of Services by us to you, as may be evidenced In these Terms and any annexures or schedules;

    • Consumer Is as defined In the ACL;

    • Customer (you or your) means the person, jointly and severally If more than one, acquiring Services from us;

    • Empire Amplify (we, us or, our) means Empire Amplify Pty Ltd (ACN 55 684 434 277);

    • Force Majeure Event means an event beyond the reasonable control of a party Including, without limitation, accident, act of God, act of government, act or threat of terrorism or war, breakdown, cyclone, earthquake, epidemic, export/Import restriction, fire, flood, hurricane, Industrial dispute, lockout, pandemic, quarantine, strike, travel restriction, or tsunami;

    • Services means the marketing services supplied by us to you; and

    • Terms means these Terms and Conditions.