Terms of Service

1. Agreement to Terms

Welcome to Aussie Marketers. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you”, “your”, or “User”) and Aussie Marketers ABN [Insert ABN] (“we”, “us”, “our”, or “Aussie Marketers”).

These Terms govern your access to and use of our website located at [Insert URL] (the “Website”), any mobile or desktop applications we develop and publish (the “Apps”), and all related services, features, content, and functionality (collectively, the “Services”).

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

2. Eligibility

To use our Services, you must:

  • Be at least 18 years of age or the age of majority in your jurisdiction;
  • Have the legal capacity to enter into a binding agreement;
  • Not be prohibited from using the Services under Australian law or any other applicable jurisdiction; and
  • Provide accurate and complete information when creating an account or using our Services.

If you are using the Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

3. Accounts and Registration

Certain features of our Services may require you to create an account. When registering, you agree to:

  • Provide accurate, current, and complete registration information;
  • Maintain and promptly update your account information;
  • Keep your password secure and confidential;
  • Accept responsibility for all activities that occur under your account; and
  • Notify us immediately of any unauthorised use of your account.

We reserve the right to suspend or terminate your account at our discretion if we reasonably believe you have breached these Terms.

4. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not:

  • Use the Services in any way that breaches any applicable Australian or international law or regulation;
  • Use the Services for any fraudulent, misleading, or deceptive purpose;
  • Transmit or upload any viruses, malware, or other harmful code;
  • Attempt to gain unauthorised access to any part of the Services, other users’ accounts, or our systems;
  • Interfere with or disrupt the integrity or performance of the Services;
  • Scrape, data-mine, or use automated tools to extract content from the Services without our prior written consent;
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission;
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity; or
  • Use the Services to send unsolicited commercial communications (spam) in breach of the Spam Act 2003 (Cth).

5. Intellectual Property Rights

5.1 Our Content

All content on the Services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and compilations of data (“Our Content”), is the property of Aussie Marketers or its licensors and is protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth) and the Trade Marks Act 1995 (Cth).

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Services and Our Content for your personal, non-commercial use, unless a separate commercial licence is agreed to in writing.

5.2 Your Content

You retain ownership of any content you submit, upload, or post through the Services (“Your Content”). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with operating and improving the Services.

You represent and warrant that you own or have the necessary rights to Your Content and that it does not infringe any third party’s intellectual property or other rights.

5.3 Feedback

Any feedback, suggestions, or ideas you provide to us regarding the Services (“Feedback”) will be considered non-confidential and non-proprietary. We may use Feedback for any purpose without obligation or compensation to you.

6. Fees and Payment

Some of our Services may be offered on a paid basis. Where applicable:

  • All fees are quoted in Australian dollars (AUD) and are inclusive of GST unless otherwise stated;
  • You agree to pay all applicable fees as described on the Website or within the Apps at the time of purchase;
  • Payments are processed through our third-party payment processor and are subject to their terms and conditions;
  • Subscriptions will automatically renew at the end of each billing cycle unless cancelled prior to the renewal date; and
  • We reserve the right to change our fees at any time with reasonable notice. Continued use of the Services after a fee change constitutes acceptance of the new fees.

6.1 Refunds

Refund requests will be assessed on a case-by-case basis and are subject to our discretion, except where your rights under the Australian Consumer Law cannot be excluded.

7. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or applications that are not owned or controlled by Aussie Marketers. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services.

Your use of any third-party services is at your own risk and subject to the terms and conditions of those third parties. We strongly advise you to read the terms and privacy policies of any third-party services you access.

8. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, store, and disclose your personal information in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Please review our Privacy Policy at [Insert Privacy Policy URL].

9. Disclaimers

To the maximum extent permitted by law:

  • The Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory;
  • We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components;
  • We do not guarantee the accuracy, reliability, or completeness of any content or information provided through the Services; and
  • Any reliance on information obtained through the Services is at your own risk.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

10. Limitation of Liability

To the maximum extent permitted by law:

  • Aussie Marketers, its directors, employees, partners, agents, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunity, or goodwill, arising out of or in connection with your use of the Services;
  • Our total aggregate liability for any claims arising from or related to these Terms or the Services shall not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim, or AUD $100, whichever is greater; and
  • This limitation applies regardless of the theory of liability, including negligence, contract, statute, or otherwise.

This clause does not apply to liability that cannot be excluded or limited under the Australian Consumer Law or any other applicable mandatory law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Aussie Marketers, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • Your use of the Services;
  • Your breach of these Terms;
  • Your violation of any law or the rights of any third party; or
  • Your Content.

12. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

  • Your right to use the Services will immediately cease;
  • We may delete or restrict access to your account and any associated data; and
  • Provisions of these Terms that by their nature should survive termination shall continue in full force and effect, including Sections 5, 9, 10, 11, 13, and 14.

You may terminate your account at any time by contacting us at [Insert Contact Email] or through the account settings within the Services.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of [Insert State/Territory], Australia. You irrevocably submit to the exclusive jurisdiction of the courts of [Insert State/Territory], Australia, and the Federal Court of Australia.

Before commencing any formal legal proceedings, you agree to first attempt to resolve any dispute with us through good-faith negotiation. If a dispute cannot be resolved within thirty (30) days of written notice, either party may pursue resolution through mediation administered by the Australian Disputes Centre (ADC) before resorting to litigation.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features or services, constitute the entire agreement between you and Aussie Marketers regarding the Services.

14.2 Severability

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

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, telecommunications failures, or cyberattacks.

14.6 Notices

We may provide notices to you via email, posting on the Website, or through the Apps. You may contact us at [Insert Contact Email] or [Insert Mailing Address].

15. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our Website and updating the “Last Updated” date above. We may also provide additional notice, such as via email or an in-app notification.

Your continued use of the Services after any changes to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Contact Us

If you have any questions or concerns about these Terms, please contact us