Terms & Conditions

1. Agreement to Terms

By accessing the Aus AML website, you agree to be bound by these Terms and Conditions ("Terms"). If you are entering into these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.
If you do not agree with these Terms, you must not access or use our website or services. These Terms should be read in conjunction with our Privacy Policy and any separate service agreement, statement of work, or engagement letter entered into between you and AUS AML.

2. Definitions

"Aus AML", "we", "our", "us" refers to Aus AML, with offices in Sydney, Melbourne, and Singapore.
"Client", "you", "your" refers to any individual, business, or entity that engages Aus AML's services or accesses our platform.
"Platform" refers to the Aus AML managed compliance platform, including all software, tools, dashboards, and integrations provided as part of our services.
"Services" refers to all managed compliance services, MLRO-as-a-Service, advisory, consulting, and related offerings provided by Aus AML.
"AML/CTF Laws" refers to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), associated rules and regulations, and AUSTRAC guidance.

3. Eligibility & Access

Our services are available to businesses and professionals operating in regulated industries. By engaging our services, you confirm that:

You are at least 18 years of age
You have the legal authority to enter into these Terms on behalf of your organisation
Your use of our services does not violate any applicable law or regulation
All information you provide to us is accurate, complete, and current

We reserve the right to refuse service, restrict access, or terminate accounts at our discretion — including where we identify potential financial crime risk, sanctions exposure, or regulatory non-compliance.

4. Data Processing & Privacy

Aus AML processes personal information in accordance with the Australian Privacy Act 1988 (Cth) and Australian Privacy Principles. Full details are set out in our Privacy Policy.
We implement appropriate technical and organisational measures to protect data, including Australian-hosted infrastructure to support data sovereignty requirements.

5. Limitation of Liability

To the maximum extent permitted by law:

Aus AML does not guarantee specific regulatory outcomes. Our services are designed to support and strengthen your compliance posture, but cannot eliminate regulatory risk entirely.
Aus AML is not liable for decisions made by regulatory authorities, including AUSTRAC, APRA, or ASIC, in response to or irrespective of our services.

No Guarantee of Regulatory Outcome: While our services are designed to meet AUSTRAC requirements and reduce compliance risk, Aus AML cannot and does not guarantee that clients will avoid regulatory action, enforcement, or penalty. Compliance risk management reduces — but does not eliminate — exposure.

6. Indemnification

You agree to indemnify and hold harmless AUS AML, its directors, officers, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

Your breach of these Terms
Your failure to comply with applicable AML/CTF Laws
Inaccurate, incomplete, or misleading information provided by you
Any third-party claim arising from your use of our services

7. Regulatory Compliance

Aus AML operates in alignment with Australian AML/CTF legislation, AUSTRAC guidance, and relevant regulatory frameworks. Key compliance principles underpinning our services include:

Risk-based approach to customer due diligence and ongoing monitoring
AUSTRAC reporting obligations (SMRs, TTRs, IFTIs)
Record-keeping requirements (minimum 7-year retention)
AML/CTF program design and maintenance
Compliance with sanctions legislation administered by DFAT

Our services are designed to support Tranche 2 entities — including real estate agencies, law firms, accountants, conveyancers, and property developers — in meeting current and anticipated regulatory requirements.

8. Dispute Resolution

In the event of a dispute arising from or in connection with these Terms:

Negotiation: The parties will first attempt to resolve the dispute through good-faith negotiation within 14 days of written notice.
Mediation: If negotiation fails, the parties agree to submit the dispute to mediation administered by the Australian Disputes Centre (ADC) in Sydney.
Litigation: If mediation fails, either party may commence proceedings in the courts of New South Wales, Australia.

Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief.

9. Force Majeure

Neither party shall be liable for any failure or delay in performing obligations under these Terms caused by events beyond reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet outages, or cyberattacks. The affected party must notify the other promptly and take reasonable steps to mitigate the impact. If the event continues for more than 60 days, either party may terminate the engagement by written notice.

10. General Provisions

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales.

10.2 Entire Agreement

These Terms, together with Privacy Policy, and other documents referenced herein, constitute the entire agreement between the parties and supersede all prior representations, understandings, or agreements.

10.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

10.4 Waiver

No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right.

10.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Aus AML may assign its rights and obligations to a successor entity or affiliate.

10.6 Notices

All formal notices under these Terms must be in writing and delivered to the contact details provided in the Engagement Letter or, for Aus AML, to contact@ausaml.com.

10.7 Changes to These Terms

Aus AML may modify or update these Terms at any time. Updated Terms will be effective upon posting to the website with a revised effective date. Continued use of our services after changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

11. Contact

For questions regarding these Terms & Conditions, please contact us using the details below:
Aus AML Pty Ltd
Email: contact@ausaml.com