By utilising Our Service and continuing to use Our Service, the Client agrees that they have read the Terms and Conditions and Terms of Service and acknowledge to adhere to the conditions and stipulations contained therein.

Please read these Terms and Conditions and Terms of Service carefully before using our Service.

1. Introduction

Welcome to Auzkiwi (“Business,” “We,” “Us,” or “Our”). These Terms and Conditions and Terms of Service govern your access and use of our Website [https://www.auzkiwi.com/] and any Services we provide.

2. Services Provided

We provide:

- Supply Chain Consulting Services – professional advisory services on logistics, operations, and supply chain optimisation.

- AI Applications (Third-Party Integrations) – recommendations and/or integration of third-party AI applications.

Our services may include third-party AI applications and automation tools. While the Business may facilitate access to these technologies, the Business does not own, operate, or control third-party AI tools and is not responsible for their performance, data handling, or decision-making. Users should review the terms and policies of third-party AI providers before using these services.

3. Interpretation and Definitions

3.1. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

3.2. Definitions

For the purposes of these Terms of Service:

3.2.1. Account means any unique account created for the Client to access our Service or parts of our Service.

3.2.2. Business (referred to as either "the Business", "We", "Us" or "Our" in this Terms and Conditions and Terms of Service) refers to Auzkiwi.

3.2.3. Client means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

3.2.4. Country refers to Australia.

3.2.5. Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by the Client, regardless of the form of that content.

3.2.6. Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

3.2.7. Feedback means feedback, innovations or suggestions sent by the Client regarding the attributes, performance or features of our Service.

3.2.8. Related Entity means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

3.2.9. Service refers to the services listed in Services Provided and the use of the Website and any other services connected to or linked to the Services Provided.

3.2.10. State refers to New South Wales.

3.2.11. Terms and Conditions and Terms of Service (also referred as "Terms") mean these Terms and Conditions and Terms of Service that form the entire agreement between the Client/ User and the Business regarding the use of the Service.

3.2.12. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

3.2.13. User means the individual accessing or using the Service, or the business, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

3.2.14. Website refers to the website accessible from https://www.auzkiwi.com/.

4. Acknowledgment

These are the Terms governing the use of this Service and the agreement that operates between the Client and the Business. These Terms set out the rights and obligations of all users regarding the use of the Service.

The Client’s access to and use of the Service is conditioned on the Client’s acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access the Website or use the Service.

By accessing or using the Website and Service the Client agrees to be bound by these Terms. If the Client disagrees with any part of these Terms then they may not rely upon the Website or access the Service.

Your access to and use of the Service is also conditioned on the Client’s acceptance of and compliance with the Privacy Policy of the Business. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of your personal information when the Client uses Our Service or the Website and tells them about their privacy rights and how the law protects the Client. Please read Our Privacy Policy carefully before using the Website or Our Service.

5. Payments and Refund Policy

Payments

All payments must be made in full before access to the Service is provided. The Business may from time to time and at its sole discretion recommend and use its own or third-party subscription-based AI Applications which may require recurring payments which will be charged to the Client unless cancelled.

Payments for consulting services, software implementation, training, or other professional services provided by the Business are invoiced directly and must be paid as per the agreed terms in the invoice. Failure to make payments may result in suspension of the Services and The Client may also incur additional fees.

For software applications, AI-powered tools, or other third-party digital services linked from our Website, payments may be processed directly by external providers. The Business does not collect, store, or process payment details for these transactions. Users should review the respective third-party provider’s Terms of Service and Privacy Policy before making a payment.

Invoices must be paid in full within fourteen (14) days from the invoice date unless otherwise agreed in writing. Once the due date for any invoice expires, the Business reserves the right to:

• Suspend ongoing services until outstanding payments are settled; and

• Charge late payment interest at 10% per annum (or 0.83% per month) on any overdue amounts, calculated daily.

If the Client has been overdue more than three (3) times, the Business reserves the right to reduce future payment terms or require advance payment for new projects.

The Business bears no responsibility for any losses, damages, or liabilities incurred by the client due to service suspension resulting from late or non-payment.

Debt Collection and Legal Action

If payment remains outstanding beyond thirty (30) days past the due date, the Business may engage a debt collection agency or legal firm to recover the amount due. The Client will be responsible for all associated costs, including:

• Debt collection agency fees;

• Legal expenses incurred in pursuing the recovery; and

• Additional administrative costs related to the collection process.

Refund and Credit Policy

Refund requests must be made within seven (7) days of engaging our Service. Refunds for consulting services are at the Business’s discretion and will be processed based on the work completed. Payments made to third-party providers for software applications, AI-powered tools, or other digital services are subject to their respective refund policies. Once access to a digital service is granted, refunds may not be available.

Credits may be issued at Our sole discretion. Digital services (including AI-generated insights, automated reports, or integrations with third-party AI tools) are non-refundable once delivered or accessed.

Any applicable refunds and credits that may be applied are subject to the requirements under the Australian Consumer Law.

6. Responsibilities of Clients and Suppliers

Client Responsibilities

In order for the Business to provide effective and proper Services, the Client must provide accurate and complete information. The Client acknowledges that business decisions based on our recommendations are ultimately their responsibility.

The success of Our consulting and implementation services depends on the Client’s full cooperation. The Business is not responsible for delays, additional costs, or changes in project scope caused by lack of participation, failure to provide necessary resources, or other client-side delays. If such delays occur, project timelines may be adjusted, and additional fees may apply.

Supplier Responsibilities

Suppliers must comply with all applicable laws and deliver services as agreed. Any disputes between clients and third-party suppliers must be resolved between those parties. The Business will not become involved in any of the previously mentioned disputes.

7. User Conduct and Acceptable Use

When using Our Website or Services, the Client must not:

• Violate any applicable laws or regulations;

• Use our Website or Services for fraudulent, deceptive, or misleading activities;

• Attempt to hack, disrupt, or exploit our platform or AI applications; and

• Post or distribute harmful, offensive, or misleading content.

If We determine that a Client or User has violated these terms, We reserve the right to suspend or terminate access without notice.

8. Third-Party Links & External Websites

Our Service may contain links to third-party websites, applications, or AI tools, including but not limited to social media platforms, analytics services (Google Analytics, Facebook Pixel), and payment gateways. The Business do not own, control, or assume responsibility for the content, security, or data handling practices of these third-party services. The Client interacts with these services at their own discretion and should review their respective terms and policies.

9. Website Content & User Submissions (Future Blogs, Videos, & Case Studies)

Our Website may feature blog articles, case studies, videos, and user-generated content. These materials are for informational purposes only and do not constitute legal or professional advice. External links or references within the content are provided for convenience, and the Business is not responsible for third-party opinions, statements, or websites referenced in Our content.

From time to time, the Business may display the Client’s information, including but not limited to their name, logo, and other relevant details, on Our Website for promotional purposes after use of the Service.

10. Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that may infringe a copyright or other intellectual property infringement of any person/s.

If the Client is a copyright owner, or authorised on behalf of one, and they believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, they must submit their notice in writing to the attention of our copyright agent via email customercare@auzkiwi.com and include in their notice a detailed description of the alleged infringement.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Business, including third-party software providers. Further Our Service may use third-party AI Applications, images, or content contained on external platforms.

The Business has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The Client further acknowledges and agrees that the Business shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise the Client to read the terms and conditions and privacy policies of any third-party web sites or services that the Client visits.

Any unauthorised use of any copyrighted materials belonging to any third-parties is the responsibility of the Client. The Client may be held accountable for damages (including costs and legal fees) for copyright infringement.

Intellectual Property

The Service and its original content (excluding Content provided by the Client or other users), features and functionality are and will remain the exclusive property of the Business and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Business.

Your Feedback to Us

The Client assigns all rights, title and interest in any Feedback they provide the Business. If for any reason such assignment is ineffective, the Client agrees to grant the Business a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

11. Limitation of Liability - Performance expectations and limitations

AI Applications and Initial Free Trial Access

AI tools may be offered with initial free trial access to help Clients explore features. This trial access is provided for evaluation purposes and does not guarantee any particular result or business outcome. Once AI tool access is granted, whether as a trial or paid service, the Business does not provide refunds for automated insights or outputs. Results may vary depending on the nature and quality of the Client’s data and business context.

Consulting Services

For consulting engagements, the Business will work within the agreed scope as outlined in any agreement between the Business and the Client. If the Client believes that the provision of the Services is not aligned with their expectations, they must raise concerns as soon as possible and no later than seven (7) days after the commencement of the provision of the Services. The Business will, in good faith, work with the Client to resolve the issue, including considering adjustments where appropriate. Refunds or remedial action may be offered at the Business’s sole discretion.

Warranty Disclaimer

The Client understands and acknowledges that the Services, including any AI applications and consulting support, are provided on an “as is” and “as available” basis. Whilst the Business exercises reasonable care and aims to deliver high-quality and reliable Services, it does not warrant that the Services will be uninterrupted, error-free, or produce specific outcomes. The performance of the Services may depend on factors outside the Business’s control, including third-party systems, data quality, or market conditions.

To the extent permitted by law, the Business disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by law, the total liability of the Business for any claim in connection with the Services is limited to the amount actually paid by the Client for the specific service in question. The Business shall not be liable for any indirect, incidental, or consequential losses, including loss of profits, business interruption, or data loss, even if advised of the possibility of such damages.

Nothing in these Terms intends to exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law.

12. Indemnity Clause

The Client agrees to indemnify and hold the Business, its directors, employees, and affiliates harmless from any claims, liabilities, losses, damages, legal fees, or expenses arising from:

• Their misuse of our consulting services or AI applications;

• Any reliance on third-party software or services; and

• Their failure to comply with any third-party Terms & Conditions.

13. Force Majeure

The Business is not liable for any delays, failures, or disruptions caused by factors beyond our control, including but not limited to any natural disasters (e.g., floods, earthquakes, pandemics, government actions, changes in laws, or regulatory restrictions, cyberattacks, network failures, or third-party service disruptions.

If a force majeure event affects the delivery of the Service, the Business will make reasonable efforts to resume the provision of the Service as soon as possible.

14. Dispute Resolution

Where any dispute arises between the Client and the Business then, except for as otherwise provided for in these Terms and before any legal proceedings (including arbitration) may be commenced, the dispute must be referred to mediation in accordance with these Terms.

A party may initiate mediation by serving a notice upon the other party which describes the matters in dispute and requests the agreement of the other party to proceed with the mediation in accordance with the provisions of this clause.

If the parties are unable to agree upon a mediator to conduct the mediation either party may request the president of the Institute of Arbitrators and Mediators Australia or any successor to it, for the time being, to appoint a mediator.

Upon the appointment of a mediator the parties will comply with all requirements of the mediator and if the dispute is resolved at the mediation the parties must sign an agreement setting out the terms of the resolution of the dispute.

All statements made and matters disclosed at the mediation are confidential and cannot be used in any legal proceedings.

The mediator’s fees must be paid by the parties equally and the parties must each pay their own costs in respect of the mediation.

This clause will not apply to any dispute where a party seeks urgent short term relief.

15. Termination

We may terminate or suspend the Client’s use of Our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if the Client breaches these Terms.

Upon termination, the Client’s right to use the Service will cease immediately.

If the Client wishes to terminate their Account, they may simply discontinue using the Service.

16. Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

17. Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material. We will make reasonable efforts to provide reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, the Client agrees to be bound by the revised terms. If the Client does not agree to the new terms, in whole or in part, please stop using the Website and the Service.

18. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. The Client’s use of the Service may also be subject to other local, state, national, or international laws.

Any and all disputes arising from the Client’s use of the Service shall be referred to the relevant court in the State of New South Wales.

Nothing in these Terms intends to exclude any protections and rights covered under the Australian Consumer Law.

Our Terms and Conditions and Terms of Service were last updated on 6th April 2025.

19. Contact Us

If you have any questions about these Terms of Service, the Client can contact us on:

1300 802 782

customercare@auzkiwi.com