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Ammoze Terms & Conditions

These terms and conditions (Terms & Conditions) apply to all Ammoze Services provided to any person by Coposit Pty Limited (ACN 635 371 630) t/as Ammoze ('Ammoze, We, Us or Our') including any Associate of Ammoze as defined by section 9 of the Corporations Act 2001 (Cth).

Welcome to Ammoze.com.au ('Ammoze Website') and the Ammoze software application (the 'Ammoze App'). The Ammoze Website and Ammoze App are owned and operated by Us.

Please read and consider these Terms & Conditions carefully before choosing whether to use the services offered by Ammoze via the Ammoze Website and/or Ammoze App ('Ammoze Services').

Your use of all information, data files, written text, computer software, music, audio files or other sounds, photographs, graphics, video, images and materials which You may have access to as part of, or through Your use of the Ammoze Website and/or Ammoze App ('Content') is governed by these Terms & Conditions and any other written agreement You enter into with Ammoze.

In the event that You do not agree with any of the Terms & Conditions, please discontinue use of the Ammoze Website and/or Ammoze App immediately.

Acceptance of Terms & Conditions

  1. These Terms & Conditions apply to You in addition to:
    1. any other terms and conditions to which You may be subject to when using, registering for, or participating in the Ammoze Services, including but not limited to:
      1. Ammoze's Privacy Policy;
      2. a Depositholder Agreement;
      3. a Collection Deed; or
      4. any other written agreement; and
    2. any and all relevant third party terms and conditions for associated websites and for any other websites linked to and referred to within the Ammoze Services ('Linked Websites') are included in these Terms & Conditions.

      (collectively 'Other Terms')

  2. In the event of any inconsistency between these Terms & Conditions and the Other Terms, these Terms & Conditions will prevail to the extent of the inconsistency.
  3. By accessing or using the Ammoze Services, You accept and agree to be bound by these Terms & Conditions as updated from time to time without any limitation or qualification. These Terms & Conditions constitute a legally binding agreement between You and Us.
  4. You warrant to Us that You have the authority to enter into these Terms & Conditions. You agree that Ammoze may change and update these Terms & Conditions from time to time and that the most recent version of the Terms & Conditions posted on Ammoze's Website or available via the Ammoze App will apply and legally bind You. We recommend that You review the Terms & Conditions regularly at www.ammoze.com or on the Ammoze App. The Ammoze Services offered by Ammoze are hosted in Australia.

    5. Your use of the Ammoze Services and Your privacy rights

  5. You may browse the Ammoze Website without creating a user login ('Login'), however, to browse the Ammoze App, You are required to create a Login. To use the Ammoze Services, You must create a Login. Your Login will allow You to set up a user account ('Account'). Your Account can be created by You when creating a Login.
  6. When You create an Account, Ammoze will ask You to provide certain personal information. We will collect and use Your personal information in accordance with these Terms & Conditions and Ammoze's Privacy Policy (which is accessible at www.ammoze.com.au/privacy-policy or on the Ammoze App).
  7. Ammoze undertakes to comply with the Australian Privacy Principles and Notifiable Data Breaches Scheme as set out in thePrivacy Act 1988 (Cth) in respect of personal information provided by You, information collected by Ammoze or the Ammoze Services and information regarding the way You access the Ammoze Services.
  8. You must not provide any false information to Ammoze.
  9. You are responsible for keeping Your Login and Account password secure and must not share Your password with anyone. We have the right to disable, at any time, any Login, Account and/or password (whether chosen by You or allocated by Us) if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms & Conditions.
  10. You must not use a Login and/or Account registered by any other user without their permission.
  11. Ammoze endeavours to use reasonable security measures to protect against unauthorised access to Your Account. Ammoze cannot, however, guarantee absolute security of Your Account, Your Content or the personal information You provide, and We cannot promise that Our security measures will prevent third party hackers from illegally accessing the Ammoze Services. You accept all risk of unauthorised access to the Content You upload or authorise to be uploaded to the Ammoze Services. If You know or suspect that anyone other than You knows Your Login details or password, You must promptly notify Us at info@ammoze.com.au.
  12. You must not abuse, harass, threaten, impersonate or intimidate other Ammoze Services users.
  13. You must not create or submit unwanted email, spam or comments to any user of the Ammoze Services.
  14. You must not use the Ammoze Services for any illegal or unauthorised purpose or in violation of any law, including any intellectual property law.
  15. You must respect the rights of third party property owners in accordance with these Terms & Conditions and the Other Terms or as otherwise required by law.
  16. You agree that Ammoze may access and disclose the information You have given to Ammoze or that has been collected by the Ammoze Services if Ammoze is required to do so by law or in a good faith belief that such access or disclosure is reasonably necessary to:
    1. comply with the law;
    2. enforce these Terms & Conditions;
    3. respond to claims that any Content violates the rights of third parties;
    4. respond to Your requests for customer service; and/or
    5. protect the rights, property or personal safety of Ammoze and its customers.

    17. Ammoze's Intellectual Property Rights and other rights

  17. Ammoze owns, or is licensed to use, the Intellectual Property Rights in the Ammoze Services and the Ammoze Material. You agree that You do not own or have any interest or claim to any Intellectual Property Rights in the Ammoze Services or the Ammoze Material.
  18. You must not infringe upon Ammoze's Intellectual Property Rights in the Ammoze Services and the Ammoze Material. In particular, You must not sell, market, license, sublicense, lend, loan, distribute, transmit, rent or lease any Ammoze Material or any data generated by the Ammoze Services.
  19. You must not reproduce, customise, reverse engineer, decipher, decompile, modify, disassemble or incorporate any of the Ammoze Material in whole or in part in any other software or product, or develop derivative works of the Ammoze Material or allow others to do so or upload or re-post the Ammoze Material to any other site on the internet without obtaining Ammoze's prior written consent.
  20. You must not:
    1. use or reproduce Ammoze's name or logo without the prior written permission of Ammoze;
    2. interfere with or disrupt the integrity, functionality or performance of the Ammoze Services;
    3. circumvent, alter or modify disabling mechanisms which may be resident in the Ammoze Services or mechanisms that control access to use of the Ammoze Services;
    4. gain or attempt to gain unauthorised access to the Ammoze Services or related systems or networks;
    5. incorporate or use the Ammoze Services in whole or in part in any other software, service or product;
    6. access (or attempt to access) the Ammoze Services or Content on it through any automated means (including the use of any script, web crawler, robot, spider, or scraper);
    7. attempt to disguise the origin of any access (or attempted access) to the Ammoze Services; and/or
    8. use the Ammoze Services for commercial gain by anyone.

    21. Exchange of Contract

  21. You acknowledge that the terms of any contract for sale of real property ('Contract For Sale') entered into between You and an independent third (3rd) party vendor in connection with the Ammoze Services are in addition to these Terms & Conditions.
  22. All negotiations and subsequent agreed terms of any Contract For Sale are between You and the vendor nominated in the Contract For Sale. In the event of an inconsistency between the Contract For Sale and these Terms & Conditions, the Contract For Sale shall prevail.
  23. Users of the Ammoze Services warrant and are solely responsible to obtain competent legal advice in relation to any Contract For Sale, Depositholder Agreement, Collection Deed or any other agreement that the user wishes to enter into in connection with the Ammoze Services.
  24. You agree to enter:
    1. a depositholder agreement (as defined in the Contract For Sale) between You, the vendor and Us at the time of exchange which sets out further terms relating to the deposit ('Depositholder Agreement'). In the event of an inconsistency between the Depositholder Agreement and these Terms & Conditions, the Depositholder Agreement shall prevail; or
    2. a collection deed between You and Us at the time of exchange which sets out further terms relating to the collection of Funds ('Collection Deed'). In the event of an inconsistency between the Collection Deed and these Terms & Conditions, the Collection Deed shall prevail.

    25. Payments

  25. Ammoze is authorised by the vendor as agent to collect and hold Funds on Your behalf pursuant to the terms of the Contract For Sale and the Depositholder Agreement or Collection Deed (as applicable).
  26. Prior to the exchange of any Contract For Sale, if You are a:
    1. Ammoze Purchaser, You are required to make any payment via the options available on the Ammoze Website and/or Ammoze App. These options include via debit card, Google Pay, Apple Pay, electronic funds transfer and any other form which is accepted by Ammoze on the Ammoze Website and/or Ammoze App.
    2. Coposit Purchaser, You are required to nominate a debit account via the Ammoze Website and/or Ammoze App direct debit payment process ('Nominated Debit Account').
  27. If You are a Coposit Purchaser:
    1. You agree that all direct debits will be deducted from Your Nominated Debit Account on a weekly basis (or as otherwise agreed) in accordance with the Contract For Sale, Depositholder Agreement or Collection Deed (as applicable) and the direct debit instructions You have provided Ammoze;
    2. if You wish to make a change of Your Nominated Debit Account, this change can be made in writing and via email to Ammoze (info@ammoze.com.au) at any time;
    3. if a payment is rejected or missed by the authorised deposit-taking institution of the Purchaser (as defined in the Contract For Sale), or if You fail to make a payment when due, Ammoze will issue You (as the Purchaser) with a reminder notice in accordance with the Contract For Sale and Depositholder Agreement or Collection Deed (as applicable) ('Reminder Notice');
    4. as the Purchaser, You have four (4) weeks from the date of a Reminder Notice, to rectify all rejected or missed payments and, if applicable, any further rejected or missed payments (subsequent defaults) accrued after a Reminder Notice;
    5. if You do not rectify the rejected or missed payments after four (4) weeks from a Reminder Notice, then You will be in breach of Your obligations pursuant to these Terms & Conditions, the Contract For Sale and the Depositholder Agreement or Collection Deed (as applicable);
    6. the vendor of the Contract For Sale will be notified of the above breach and the vendor may exercise their right to rescind or terminate the contract as per the terms outlined in the Contract For Sale and the Depositholder Agreement or Collection Deed (as applicable); and
    7. if the vendor validly rescinds or terminates the Contract For Sale as a result of a default for payment (in accordance with the Contract For Sale and Depositholder Agreement or Collection Deed (as applicable)), You hereby agree to allow Ammoze to release, without demand, set off or deduction, any Funds held by Ammoze on Your behalf in accordance with the Contract For Sale and Depositholder Agreement or Collection Deed (as applicable) to the vendor.
  28. All payments will be processed through a third party authorised deposit-taking institution or payment service provider and their terms and conditions form part of the Other Terms which should be read by You in addition to these Terms & Conditions.
  29. We utilise third party direct debit service providers to facilitate the collection of Funds from You. You acknowledge that You must accept the terms and conditions of any third party direct debit service provider as contained on their website, as updated and amended from time to time, before using their payment services.
  30. Zepto Payments Pty Ltd (ACN 604 057 598) ('Zepto') is one of Our third party payment service providers. You acknowledge that You must accept the Zepto terms and conditions as contained in Zepto's website, as updated and amended from time to time, before using their payment services. The links to Zepto's website and relevant web pages are listed below for Your reference:
    1. https://www.zepto.com.au/
    2. https://www.zepto.com.au/ddr/
    3. https://www.zepto.com.au/ddrsa/
  31. It is Your responsibility to ensure that sufficient and clear funds are available when making any payment, including (if applicable) in Your Nominated Debit Account to satisfy any automatic recurring payments.
  32. You are solely liable for any charges or fees applied by your authorised deposit-taking institution.
  33. You agree that all notices or any other communications in relation to the Ammoze Services will be received in electronic form.
  34. No interest or fees are charged by Ammoze on any missed payments by You.
  35. We may conduct checks on Your credit score via third party credit reporting bodies. You acknowledge that You consent to credit checks being conducted by these third party credit reporting bodies on our behalf. We note, however, that the credit checks conducted will not impact your credit score.

    36. Ammoze liability

  36. You agree that You use the Ammoze Services at Your own risk. Ammoze does not guarantee the accuracy, integrity or quality of Content.
  37. The Ammoze Services are provided to You “as is” and without warranty as to suitability or fitness for purpose or with any implied warranties. Ammoze does not warrant or guarantee or make any representation:
    1. that Your use of the Ammoze Services is legal;
    2. as to the performance of the Ammoze Services;
    3. that the Ammoze Services or any part of it will operate uninterrupted or are error-free;
    4. that errors and defects in the Ammoze Services will be corrected;
    5. geographical information in the Ammoze Services is accurate, up to date and current; or
    6. that the Ammoze Services will be updated.
  38. While Ammoze has taken reasonable steps to ensure the information it provides via the Ammoze Services is accurate and up to date, Ammoze does not warrant the reliability, accuracy, correctness or completeness of any of the information or services provided on the Ammoze Services. You must rely solely on You own assessments and verification of the Content.
  39. You acknowledge that Ammoze cannot guarantee uninterrupted access to and use of the Ammoze Services at all times.
  40. While Ammoze will use reasonable efforts to minimise the risk of software viruses, trojans and malicious code, Ammoze cannot, and does not, warrant, guarantee or make any representation that the Ammoze Services, or the server that makes the Ammoze Services available online, are free of software viruses, trojans or any malicious code.
  41. You are responsible for making sure that Your smartphones, tablets, computers and communication and GPS systems are suitably configured, maintained and operated to enable You to use the Ammoze Services.
  42. You are responsible for all telecommunications and data costs (including roaming costs) associated with Your use of the Ammoze Services.
  43. Ammoze and its respective officers, employees, contractors and agents have no liability for costs, losses or damages of any kind, which You or anyone else may incur, arising directly or indirectly in connection with Your use of the Ammoze Services.
  44. Ammoze is not liable to You or anyone else for:
    1. any loss, expenses or costs to You associated with Your use of the Ammoze Services (including any data charges incurred by You);
    2. loss of any Content;
    3. errors or omissions in the Ammoze Services, Other Terms or Linked Websites on the Ammoze Services;
    4. delays to, interruptions of or cessation of the services provided in the Ammoze Services, or Linked Websites; and/or
    5. defamatory, offensive or illegal conduct of any user of the Ammoze Services, whether caused through negligence of the Ammoze Services, its officers, employees or contractors, or through any other cause.
  45. You agree that You will bear the full cost of any necessary repair, correction and maintenance of any smartphone or computer software or hardware, which may be necessary as a consequence of You installing or using the Ammoze Services.
  46. You agree to at all times indemnify and keep indemnified Ammoze and its respective officers, employees, contractors and agents (each a 'Ammoze Officer') from and against any loss (including reasonable legal costs and expenses) or liability incurred (including consequential or indirect loss) by any Ammoze Officer arising from any claim, demand, suit, action or proceeding by any person against any Ammoze Officer where such loss or liability arose out of, in connection with or in respect of any of the following:
    1. a breach of these Terms & Conditions by You;
    2. Your use or misuse of the Ammoze Services; or
    3. publication of or distribution of information supplied by You.
  47. The Ammoze Services may provide links to Linked Websites, other internet sites or resources or services provided by third parties. Ammoze is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. It is Your responsibility to make Yourself aware of the terms and conditions on the Linked Websites, other internet sites or resources or services provided by third parties.

    48. Termination of access

  48. Ammoze may terminate or suspend Your access to the Ammoze Services at any time without giving You any explanation or justification for the termination of Your access.
  49. Ammoze reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Ammoze Services or any portion thereof with or without notice.
  50. You agree that Ammoze has no liability for any costs, losses or damages of any kind arising as a consequence of terminating Your access to the Ammoze Services.

    51. Australian Consumer Law

  51. The Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) provides consumer rights and remedies that may not be contracted out of, in part or wholly. Where those consumer rights and remedies apply to the provision of the Ammoze Services to You and cannot be contracted out of, they apply and override any inconsistent provisions in these Terms & Conditions but only to the extent of and duration of the inconsistency.
  52. Where You are entitled to a statutory right or term that Ammoze is not able to exclude but Ammoze is entitled to limit Your remedy for a breach of that right or term, then Ammoze's liability for breach of that right or term is limited to (at Ammoze's election):
    1. in the case of goods Ammoze supplies, the repair or replacement of the goods or the supply of substitute goods (or payment of the cost of repairing or replacing the goods or supplying substitute goods); or
    2. in the case of services Ammoze supplies, the supply of the services again, or the payment of the cost of having the services supplied again.

    53. General

  53. You acknowledge that Ammoze may assign its interest in the Ammoze Services at any time.
  54. If any part of these Terms & Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the balance of these Terms & Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
  55. These Terms & Conditions will be governed by and interpreted in accordance with the law of the New South Wales and You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of these Terms & Conditions.
  56. If You access the Ammoze Services in a place outside New South Wales You agree to comply with all laws in force in that place in addition to the Terms & Conditions and all laws in New South Wales.

    57. Definitions

  57. In these Terms & Conditions:
    1. Ammoze Material means all:
    2. Ammoze Purchaser means any purchaser of a property where Ammoze receives and holds Funds pursuant to a Contract For Sale by way of a lump sum payment (or otherwise) but not by recurring payments.
    3. Coposit Purchaser means any purchaser of a property where Ammoze collects Funds pursuant to a Contract For Sale by way of recurring payments in accordance with a Depositholder Agreement or Collection Deed (as applicable).
    4. Funds means any amount paid by You to Ammoze which is held by Ammoze for the purposes of a Contract For Sale, whether it is paid by weekly payments or a lump sum.
    5. Intellectual Property Rights means all present and future legal, ownership, title and other rights conferred by statute, common law, equity or any other law in relation to copyright, confidential information, patents, patent applications, trademarks, service marks, trade names, logos, brands, registered designs, unregistered designs, know how, trade secrets, business names, domain names, internet addresses, authorship, attribution, software (including code, modules, components and algorithms), circuit layouts, utility models, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, and all and any other intellectual property rights, whether registered or unregistered, and including all rights to apply for such rights, all rights to claim priority from all applications or registration, and all amendments, supplementals, extensions, re issues, re-grants, continuations or continuations in part and divisions;
    6. Related Bodies Corporate has the meaning given to it in section 50 of the Corporations Act.

    58. Interpretation

  58. In these Terms & Conditions, unless the context otherwise indicates:
    1. headings are for convenience only and do not affect interpretation;
    2. a reference to legislation or a provision of legislation includes all regulations, orders or instructions issued under that legislation or provision and any modification, consolidation, amendments, re-enactment, replacement or codification of such legislation;
    3. the singular includes the plural and vice versa;
    4. a reference to a person includes a natural person, partnership, body corporate, association, governmental or legal authority or agency or other entity; and
    5. a reference to “include”, “including” and “for example”, and similar expressions when introducing a list of items, does not limit the meaning of the words to which the list relates to those items or to items of a similar kind.
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