Legal Notice – Last Updated: August 10, 2026
Australian Consumer Law rights cannot be excluded. Our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this Statement limits your rights under the ACL or any other law that cannot lawfully be excluded.
1. Scope of Limitation
To the maximum extent permitted by law, Emotional Mail and Brent Bernard trading as Emotional Mail and ElleMotional (ABN 43 432 414 727), and their respective directors, officers, employees, agents, contractors, and affiliates will not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages.
- Loss of profits, revenue, data, goodwill, or business opportunities.
- Business interruption or computer failure or malfunction.
- Loss caused solely by your own negligence or misuse of our products or services.
- Loss arising from reliance on AI-generated content without independent verification.
- Loss arising from third party services, platforms, or providers outside our reasonable control.
- Loss caused by events beyond our reasonable control, including Force Majeure Events.
2. Cap on Liability
To the maximum extent permitted by law, our total aggregate liability to you for any claim arising from or in connection with our Terms or any service is limited to the total amount paid by you for the specific product or service giving rise to the claim during the 12 months immediately preceding the event giving rise to the claim.
3. Exceptions
This limitation does not apply to: liability for death or personal injury caused by our negligence; liability for fraud or fraudulent misrepresentation; liability that cannot be limited or excluded under the Australian Consumer Law; or any other liability that cannot lawfully be limited or excluded.
