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helloremovethis@andthisbanja.au
Level 4, 11 York St
Sydney NSW 2000

© 2025 Banja Labs. All rights reserved.

Privacy PolicyTerms of Use

Terms of Use

Last updated: 16 December 2025

1. Acceptance of Terms

By accessing or using the website at banja.au (the "Website") or engaging the services of Banja Labs ("Banja Labs", "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 Labs 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 Labs 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 licences.

4. Use Restrictions

You agree not to:

  • Use the Website for any unlawful purpose
  • Attempt to gain unauthorised 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 licence 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 Labs 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 Labs, 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 Labs 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:

Banja Labs
Level 4/11 York St
Sydney NSW 2000
Australia
Email: legalremovethis@andthisbanja.au

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.