Terms and Conditions

Last Updated: [Insert Date]

These Terms and Conditions (“Terms”) constitute a legally binding agreement between ProspectLab Pty Ltd (“ProspectLab,” “we,” “us,” or “our”) and you (“you,” “your,” or “Client”) governing your use of the https://www.prospectlab.io website (the “Site”) and any services, materials, or communications provided by ProspectLab (collectively, the “Services”).

By accessing or using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please discontinue use immediately.

1. Changes to These Terms

We may update these Terms from time to time. Updates will be posted on this page with a new “Last Updated” date. Continued use of the Site or Services after updates constitutes your acceptance of the revised Terms.



2. Our Services

ProspectLab provides business-to-business marketing and technology solutions, which may include:

  • digital marketing strategy,

  • advertising campaign management,

  • lead generation and qualification,

  • data and analytics services,

  • AI automation, and

  • related consulting or technical services.

Nothing on this Site constitutes a binding offer. Engagements for Services are governed by separate written proposals, statements of work, or service agreements between ProspectLab and the Client.



3. Use of the Site

You agree to use the Site and Services only for lawful purposes and in accordance with these Terms. You may not:

  • copy, modify, distribute, or reverse engineer any part of the Site;

  • use the Site to collect data about others without consent;

  • transmit spam, viruses, or malicious code; or

  • use the Site to violate any applicable laws or regulations.

We reserve the right to suspend or terminate access if we suspect misuse or unauthorized activity.



4. Intellectual Property

All content, graphics, code, designs, and trademarks displayed on the Site are owned by or licensed to ProspectLab. Except as expressly authorized, you may not copy, reproduce, or distribute any material from the Site without our prior written consent.

You retain ownership of any materials or data you supply to us but grant ProspectLab a limited, non-exclusive license to use such materials solely for the purpose of providing the Services.



5. Payment and Refund Policy

Unless otherwise stated in a written agreement:

  • Fees for Services are payable as agreed in the applicable invoice or proposal.

  • Payments are due upon receipt and non-refundable once Services have commenced.

  • ProspectLab reserves the right to suspend Services for non-payment.

All fees are exclusive of applicable taxes, which you are responsible for paying.



6. Third-Party Tools and Links

Our Site may include integrations, plug-ins, or links to third-party tools and websites. We do not control or endorse these third parties and are not responsible for their content, products, or privacy practices. Your interactions with any third-party site are at your own risk.



7. Confidentiality

ProspectLab and the Client agree to keep each other’s non-public business, financial, or technical information (“Confidential Information”) secure and not to disclose it to any third party, except as required to perform the Services or by law. Confidentiality obligations survive termination of these Terms.



8. Compliance

You are responsible for ensuring that your use of any leads, data, or marketing materials complies with all applicable laws, including but not limited to:

  • the Privacy Act 1988 (Cth) and Australian Privacy Principles;

  • the Telephone Consumer Protection Act (U.S.);

  • CAN-SPAM and similar anti-spam regulations; and

  • any advertising or consumer protection laws relevant to your industry or jurisdiction.

You must not upload or transmit to ProspectLab any data that violates data-protection or consumer-consent laws.



9. Warranties and Disclaimers

Except as expressly provided in a written service agreement, the Site and Services are provided “as is” and “as available” without warranties of any kind, whether express or implied.
ProspectLab does not warrant that:

  • the Site or Services will be uninterrupted, secure, or error-free;

  • data provided through campaigns will be accurate, complete, or result in any specific conversion outcome; or

  • our Services will meet your expectations.

To the fullest extent permitted by law, we disclaim all implied warranties of merchantability, fitness for a particular purpose, or non-infringement.



10. Limitation of Liability

To the maximum extent permitted by law, ProspectLab and its directors, officers, and employees shall not be liable for:

  • any indirect, incidental, special, consequential, or punitive damages;

  • loss of profits, data, revenue, or business opportunities; or

  • any damages exceeding the amount paid by you to ProspectLab in the three (3) months preceding the event giving rise to the claim.

You acknowledge that ProspectLab’s pricing reflects these limitations of liability.



11. Indemnification

You agree to indemnify and hold harmless ProspectLab, its affiliates, officers, and employees from any claims, liabilities, damages, or expenses (including reasonable attorney’s fees) arising out of:

  • your use of the Site or Services;

  • your breach of these Terms; or

  • your violation of any law or third-party rights.



12. Termination

We may suspend or terminate your access to the Site or Services at any time, with or without cause. Upon termination, your right to use the Site ceases immediately. Provisions regarding confidentiality, intellectual property, indemnity, limitation of liability, and governing law survive termination.



13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.
Any dispute arising under these Terms shall first be attempted to be resolved through good-faith negotiations.
If unresolved, the dispute shall be submitted to binding arbitration under the Australian Centre for International Commercial Arbitration (ACICA) Rules.
Each party waives any right to participate in class actions or representative proceedings.



14. Force Majeure

ProspectLab will not be liable for delays or failure to perform resulting from events beyond its reasonable control, including natural disasters, internet outages, strikes, or governmental actions.



15. Entire Agreement and Severability

These Terms, together with our Privacy Policy and any written service agreement, constitute the entire agreement between you and ProspectLab.
If any part of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.



16. Contact Us

For questions about these Terms or our Services, please contact:

ProspectLab Pty Ltd
Email: legal@prospectlab.io

© ProspectLab. All rights reserved.

© ProspectLab. All rights reserved.

© ProspectLab. All rights reserved.