Terms of Use
Last updated: 15 September 2025
1. Acceptance of Terms
By accessing or using the website at banja.au (the "Website") or engaging the services of banja.au ("banja", "we", "us", or "our"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Website or services.
2. Services
banja.au provides software development, design, and technical consulting services. Specific terms for individual projects are outlined in separate service agreements. These Terms govern your general use of our Website and establish the framework for our service relationships.
3. Intellectual Property
3.1 Website Content
All content on this Website, including text, graphics, logos, images, and software, is the property of banja.au or its content suppliers and is protected by Australian and international copyright laws.
3.2 Client Work
Intellectual property rights for work created for clients are governed by individual service agreements. Generally, clients receive full ownership of custom code and deliverables upon final payment.
3.3 Open Source
We may use open-source components in our work. Such components remain subject to their original licenses.
4. Use Restrictions
You agree not to:
- Use the Website for any unlawful purpose
- Attempt to gain unauthorized access to any portion of the Website
- Interfere with or disrupt the Website or servers
- Transmit viruses, malware, or other harmful code
- Scrape, harvest, or collect information from the Website using automated means
- Impersonate any person or entity
5. Confidentiality
We maintain strict confidentiality regarding client projects and sensitive business details. Specific confidentiality terms are outlined in our service agreements.
6. User Content
By submitting any content to us (including project requirements, feedback, or communications), you grant us a license to use such content for the purpose of providing our services. You represent that you have the right to provide such content.
7. Third-Party Links and Services
Our Website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of these third parties. Your use of third-party services is at your own risk.
8. Disclaimers
8.1 Website Availability
We strive to maintain Website availability but do not guarantee uninterrupted access. The Website is provided "as is" and "as available" without warranties of any kind.
8.2 No Professional Advice
General information on our Website does not constitute professional advice. Specific recommendations are provided only through formal engagements.
9. Limitation of Liability
To the maximum extent permitted by Australian law:
- banja.au shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability for any claim arising from these Terms or Website use shall not exceed $100 AUD
- For services, liability limitations will be specified in individual service agreements
10. Indemnification
You agree to indemnify and hold harmless banja.au, its members, and affiliates from any claims, losses, or damages arising from your use of the Website or violation of these Terms.
11. Dispute Resolution
11.1 Informal Resolution
We encourage resolution of disputes through good faith negotiations. Please contact us directly with any concerns.
11.2 Formal Proceedings
If informal resolution fails, disputes shall be resolved through arbitration in Sydney, Australia, under the rules of the Australian Centre for International Commercial Arbitration (ACICA).
12. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified by agreement.
13. Privacy
Your use of our Website and services is subject to our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website or services after changes constitutes acceptance of the modified Terms.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and banja.au regarding the use of our Website and services.
17. Governing Law
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the courts of New South Wales.
18. Contact Information
For questions about these Terms of Use, please contact us at:
19. Acknowledgment
By using our Website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.