Terms of Service

A legal disclaimer

Agreement - Last Updated: 22 February, 2025

BACKGROUND

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE mini-courses and resources from ‘Amador’, a trading name of Downer Family Trust ABN 69 281 253 486.

By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website or join our private community.

Introduction

This document, together with our Privacy Policy, are the terms and conditions of ‘Amador’ trading under Downer Family Trust ABN 69 281 253 486 (“Amador”, “we” or “us”). By accessing and using our website and services, you agree to be bound by these terms. If you do not agree with these terms, you must immediately cease use of the website and we ask that you please leave our website. We reserve our right to amend these terms at any time, and without notice to you. When we change these terms, we will also update the “Date of last update” at the top of this page. It is your responsibility to ensure you are familiar with any changes.

Amador (ABN 69 281 253 486) provides business and ambassador connections and networking. This Agreement (Agreement) forms a binding contractual agreement between you, the Brand, and Amador.

These Terms of this Agreement are important and you should ensure that you read them carefully and contact Amador at hello@amador.app if you have any questions before purchasing our Products and Services.

This Agreement constitutes the entire and only agreement between the purchaser (you) and Amador (us) and supersedes all prior agreements, conduct, representations, and understandings. We value your personal information and will not share your information without your express consent.

By proceeding with your purchase, you confirm that have the legal capacity to enter into this Agreement and to be bound by its terms.

ACCEPTANCE of TERMS

By accessing, downloading or using the Products and Services offered on our Site, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Products and Services.

Website not advice

The information provided on our website is intended to serve only as a general overview on matters of interest. The information is not intended to be comprehensive, or advice. Whilst we do our best to ensure the content is current and accurate, we cannot guarantee its currency and accuracy.

Age

You must be at least 18 years of age to use our website and services; by using our website and services, you warrant and represent to us that you are at least 18 years of age.

Registration

To use our website and services, clients must register for an account and provide certain information. You must ensure that the information you provide is adequate, complete and current. You may not have more than one (1) account. It is your responsibility to protect your password. You agree to not disclose your password to any third party, and you are responsible for any activities or actions under your account whether you have allowed such activities or actions. Any unauthorised use of your account must be notified to us immediately. You are responsible for any unauthorised use of your account. We reserve the right to suspend, disable or terminate your account at any time in our sole discretion.

Licence to use website

You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser, subject to the other provisions of these terms.

Except as expressly permitted by these terms, you must not download any material from our website or save any such material to your computer.

You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-licence material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

Acceptable use

You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means; or

(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must ensure that all the information you supply to us through our website, or in relation to our website, is accurate and complete.

Marketing

By registering for an account to use our website and services, you agree to be added to our mailing list/database. From time to time, we may communicate with you via email or other methods of communication about our services, promotions and offers that may be of interest to you. If you no longer want to receive marketing messages from us, you may unsubscribe by clicking the link at the bottom of our message.

Links

Where we provide links to other websites, this is done for your convenience only. We take no responsibility for the accuracy or currency of the information on those sites. We do not endorse any information, goods or services referred to within those sites, and our provision of these links should not be taken as the same.

Limited warranties

We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation. Save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by law, and subject to these terms and conditions, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Limitations and exclusions of liability

Nothing in these terms will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded by law.

The limitations and exclusions of liability set out in this section, and elsewhere in these terms, govern all liabilities arising under these terms or relating to the subject matter of these terms, including all liabilities arising in contract, in tort (excluding negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

We will not be liable to you for any delay in performing, or any failure to perform, any of our obligations.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms.

Indemnity

To the extent permitted by law, you hereby agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, losses and expenses (whether in tort or in contract) arising out of or related to your use of this website.

Breaches of these terms

Without prejudice to our other rights under these terms, if you breach these terms in any way, or if we reasonably suspect that you have breached these terms in any way, we may:

(a) send you one or more formal warnings;

(b) suspend/prohibit your access to our website; and/or

Where we suspend/prohibit your access to our website or a part of our website, you must not take any action to circumvent such suspension/prohibition.

We are committed to protecting your personal information. Please refer to our Privacy Policy which describes how we collect and manage your personal information. By agreeing to and accepting these terms, you also agree to and accept the terms of our Privacy Policy.

Variation

We may revise these terms from time to time, and without notice to you. When we change these terms, we will also update the “Date of last update” at the top of these terms. You should check this page from time to time to ensure you are familiar with any changes.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms.

Severability

If any part of these terms is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.

Waiver

Any failure or delay by us to enforce any provision of these terms will not be interpreted as a waiver of our rights or remedies.

Entire agreement

These terms, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our website and services and shall supersede all previous agreements between you and us in relation to your use of our website and services.

Termination

Without limiting our other rights and remedies, we may suspend (temporarily or permanently) your access to the website and refuse to provide any or all of the services if you breach any of these terms. If we do so, you may not access the website and use the services under the same or a different account. Any rights or obligations that have accrued up to and including the date of termination will survive.

Law and jurisdiction

These terms and conditions shall be governed and interpreted by the laws of New South Wales, Australia. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the Courts of New South Wales, Australia.

PRICING and PAYMENT

All prices included GST for accounts with a registered Australian address.
Amador reserves the right to change fees and charges at any time without notice. Please check the website for updated fees and charges.

All credit payments are required to be made online via PayPal or Stripe.

Online Payment Security
Credit card details of all account holders may be retained by the payment gateway Stripe, integrated into our e-commerce platform and our email marketing provider Kajabi.

REFUNDS
You understand and agree due to the digital nature of the product refunds are not available for any purchase or download, unless there is a breach of the Australian Competition and Consumer Act 2010. You can however cancel your subscription at any time.

If you are unsatisfied with the subscription site content for any reason, you can opt to have us cancel your membership. Please email us at hello@amador.app BEFORE the next payment is taken out. All access will be revoked once your account has been cancelled. Whilst we are happy to cancel your membership at any time, *NO REFUNDS WILL BE ISSUED UNDER ANY CIRCUMSTANCE unless in accordance with the satisfaction guarantee below.

Once your subscription is deactivated, you no longer have access to any member benefits (including, but not limited to, content within the Amador Member's Area).

BONUS CONTENT
Any and all bonuses granted as part of limited time offers during any intake are conditional upon membership and subscription continuing. If at any point the membership lapses, cancels or is rendered null and void (including but not limited to requested cancellations, breach of terms and failed payments), access to all bonuses will be revoked. This does not include products purchased as part of an 'upsell' or a 'bump' offer.

NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR BUSINESS AND PERSONAL DEVELOPMENT FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

RIGHT TO TERMINATE
Amador reserves the right to terminate your use of the Site and Services generally if you breach these terms, as determined by us in our sole discretion.

LICENSE
Upon purchase of any product or service under this Agreement, including but not limited to eBooks, Workbook, Videos and all PDF downloads (Our Content) Amador grants the purchaser a perpetual, worldwide, restricted, and non-exclusive license for use of such content for personal use only.

Restrictions
All materials produced by Amador are not for reproduction or use as a training tool in your own workshops or communities or for distribution to and use by your clients without the express permission in writing from Amador.

An application for permission to use any materials or content may be submitted to hello@amador.app

COPYRIGHT AND INTELLECTUAL PROPERTY (Trademarks)
All material on this Site or otherwise delivered by Amador including (but not limited to) eBooks, videos, graphics, (Our Content), is subject to copyright.

You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Amador, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

Modification of our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using the Site or our content.
The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Amador
The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Amador, in any manner that is likely to cause confusion with customers, or in any manner that disparages Amador

Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission.
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Amador will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

Privacy
The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

GENERAL DISCLAIMER
All Amador products and services are intended for general education and information purposes only.
Amador provides Instagram support, guidance and tools for small business, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility.
Your success depends on many factors, including your personal business and marketing skills and background and application.
Any testimonials and examples of our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
You acknowledge and agree that Amador , its employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

Earnings and Income Disclaimer
Amador cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information or strategies.
You acknowledge that there is an inherent risk in any business enterprise or activity and there is no guarantee that you will earn any money as a result of your purchase of our Products, Membership or Services.
The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

DISPUTE RESOLUTION
Should a dispute arise between us, we strongly encourage you to contact Amador at hello@amador.app to seek a resolution.

Any reasonable requests will be considered and Amador will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

APPLICABLE LAW
These Terms shall be construed in accordance with and governed by the laws of the State of NSW, Australia.

You consent to the exclusive jurisdiction of the courts in NSW to determine any matter or dispute which arises between you and Amador

By proceeding with your purchase, you are deemed to have read, understood and agreed to the terms of your purchase under this Agreement. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.