Terms & Conditions
Last updated: 25 March 2026
1. Agreement to Terms
These Terms and Conditions ("Terms") govern your use of the TOZAMAS Creatives website and services. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
These Terms are governed by the laws of the State of Queensland and the Commonwealth of Australia. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.
2. About Us
TOZAMAS Creatives is a digital marketing and creative services provider operating from Queensland, Australia. We provide web design, sales funnel development, AI and application development, SEO and advertising, brand analysis, product launch support, and ongoing assistance services.
3. Services
3.1 Description of Services
We offer the following services:
- Custom Web Design
- Sales Funnels
- AI and App Development
- SEO & Advertising
- Brand Analysis & Data Gathering
- Product Launches & Marketing
- Ongoing Support & Assistance
3.2 Service Agreements
Individual service engagements will be subject to separate service agreements or proposals that outline specific deliverables, timelines, fees, and terms. In the event of a conflict between these Terms and a specific service agreement, the service agreement shall prevail.
4. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:
- Cancel your service contract with us
- A refund for the unused portion of the service
- Compensation for any other reasonably foreseeable loss or damage
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time.
5. Intellectual Property
5.1 Our Intellectual Property
All content on our website, including text, graphics, logos, images, and software, is the property of TOZAMAS Creatives or its licensors and is protected by Australian and international intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.
5.2 Client Work
Unless otherwise agreed in a specific service agreement, ownership of deliverables created for clients will transfer to the client upon full payment of all applicable fees. We reserve the right to use non-confidential elements of completed work for portfolio and promotional purposes unless otherwise agreed.
6. Payment Terms
- All prices are quoted in Australian Dollars (AUD) and exclude GST which may be added where applicable
- Payment terms will be specified in individual service agreements or invoices
- Late payments may incur interest at the rate of 3% per month compounding or as agreed
- We reserve the right to suspend services for overdue accounts
7. Limitation of Liability
To the maximum extent permitted by law, including the Australian Consumer Law:
- Our total liability to you for all claims arising out of or in connection with our services shall not exceed the total fees paid by you for the relevant service obtained through us, excluding any and all fees paid to other service providers to facilitate your services with us.
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
- We are not liable for any delay or failure to perform our obligations where such delay or failure results from circumstances beyond our reasonable control
8. Indemnification
You agree to indemnify and hold harmless TOZAMAS Creatives, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of our website or services
- Your breach of these Terms
- Your violation of any applicable law or regulation
- Any content or materials you provide to us
9. Website Use
9.1 Acceptable Use
You agree not to use our website to:
- Engage in any unlawful activity or violate any applicable Australian law
- Transmit any harmful, offensive, or misleading content
- Interfere with the security or proper functioning of the website
- Collect information about other users without their consent
9.2 Third-Party Links
Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of use of these external sites. Accessing third-party websites is at your own risk.
10. Termination
We may terminate or suspend your access to our website and services at our discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
11. Dispute Resolution
In the event of a dispute arising from these Terms or our services:
- The parties agree to first attempt to resolve the dispute through good faith negotiation
- If negotiation is unsuccessful within 14 days, the parties agree to attempt mediation
- If mediation is unsuccessful, either party may pursue legal remedies in the courts of Queensland, Australia
12. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
13. Changes to These Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our website or services after any changes constitutes your acceptance of the updated Terms.
14. Contact Us
If you have any questions about these Terms and Conditions, please contact us:
TOZAMAS Creatives
Queensland, Australia
Email: Contact Us