Terms and Conditions

# Terms and Conditions

Last Updated: April 7, 2026

These Terms and Conditions ("Terms") govern your access to and use of the website at totempowered.com (the "Site") operated by Totem Powered Pty Ltd ("Totem," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Site.

If you are accessing the Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Use of the Site

Permitted Use

You may use the Site for lawful purposes in accordance with these Terms. The Site is provided for informational purposes about Totem Powered's products and services, and for facilitating business inquiries and communications.

Prohibited Conduct

You agree not to:

• Use the Site in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any part of the Site, its servers, or any connected systems
• Use automated tools, bots, or scripts to access or interact with the Site without our express permission
• Transmit any viruses, malware, or other harmful code
• Interfere with or disrupt the integrity or performance of the Site
• Collect or harvest personal information of other users
• Use the Site to send unsolicited communications
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

3. Intellectual Property

Our Content

All content on the Site, including text, graphics, logos, images, audio, video, software, and other materials ("Content"), is owned by or licensed to Totem and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use our Content without our prior written permission, except as expressly permitted by these Terms.

Trademarks

"Totem Powered," the Totem logo, and other marks displayed on the Site are trademarks of Totem Powered Pty Ltd. You may not use these trademarks without our prior written permission.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purposes. This license does not include the right to:

• Modify or copy the Site or its Content
• Use the Site or its Content for commercial purposes without our permission
• Remove any copyright or proprietary notices
• Transfer the license to another person or mirror the Site on any other server

4. User Submissions

When you submit information through the Site, including through contact forms, demo requests, or partnership applications, you grant Totem a non-exclusive, worldwide, royalty free license to use that information for the purposes for which it was submitted. We will handle all personal information in accordance with our Privacy Policy.

5. Third Party Links

The Site may contain links to third party websites or services that are not owned or controlled by Totem. We are not responsible for the content, privacy policies, or practices of any third party websites. You access third party links at your own risk.

6. Disclaimers

General Disclaimer

The Site and its Content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Totem disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Professional Advice

Nothing on the Site constitutes professional, legal, financial, or investment advice. The information provided is for general informational purposes only. You should consult appropriate professional advisors before making any business decisions based on information found on the Site.

Accuracy

While we strive to keep the information on the Site accurate and up to date, we make no representations or warranties about the completeness, accuracy, reliability, suitability, or availability of the Site or the information, products, services, or related graphics contained on the Site.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Totem and its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or in connection with your access to or use of the Site.

Our total liability for any claims arising out of or related to these Terms or your use of the Site shall not exceed the greater of one hundred Australian dollars (AUD $100) or the amount you paid to Totem in the twelve months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Totem and its directors, officers, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with your violation of these Terms, your use of the Site, or your violation of any rights of another party.

9. Termination

We reserve the right to suspend or terminate your access to the Site at any time, with or without cause, and with or without notice. Upon termination, your right to use the Site ceases immediately.

Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, and indemnification.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia, for the resolution of any disputes arising out of these Terms.

11. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Site with a revised "Last Updated" date. Your continued use of the Site after changes are posted constitutes acceptance of the modified Terms.

12. 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 force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Totem regarding your use of the Site and supersede any prior agreements or communications.

14. Contact Us

If you have questions about these Terms, contact us at:

Totem Powered Pty Ltd

Email: [email protected]

Website: totempowered.com