Site Disclosure

After careful consideration and extensive discussion, we made an executive decision to compile our privacy policy, terms, and related information into a single comprehensive page. It truly is a no-brainer for streamlining communication and ensuring clarity for our users.

In this initial section, we aim to communicate with you in a friendly, straightforward manner, but please be aware that in the following sections, our tone will shift, and we will not be addressing you as a mate but rather a generic user.

The terms and privacy policy we present here are designed to protect both you and us from any potential misconduct or misunderstandings that may arise.

You can check and change your Google date/activity here, or manage your Facebook ad preferences here. This way, only our valued customers contact us, reducing the number of unsolicited telecommunications.

Last Updated: 22 August 2025

Introduction

Please review the following terms and conditions ("Terms") governing the use of this website ("Site"), operating under the domain Marksy.com.au, which is managed by a registered individual/sole trader (hereinafter referred to as "we", or "us").

We reserve the right to withhold any personal information that could endanger the safety and the livelihood of any freelancers, subcontractors or employees.

We will refer to the visitor or entity accessing the Site as ("you", "yours", "visitor" and "user").

By accessing and/or utilising the Site, you agree to comply with these Terms. We urge you to read them carefully, and if you find any part disagreeable, please cease use of this Site immediately.

We reserve the right to amend these Terms and Privacy Policy at any time.

Your use of the Site and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the jurisdiction of the courts in New South Wales, Australia, as well as any courts authorised to hear appeals from those courts, and you waive any right to contest the venue of proceedings initiated in such courts.

Payments

Payments must be made in full prior to the commencement of service, unless otherwise specified by the sole proprietor of the business and verified by a trusted witness. We place a high priority on ensuring that all financial commitments are honoured, as we do not allocate resources or dedicate time to a service that could result in unpaid debts.

In the unfortunate event that we are unable to recover funds for the time and effort expended on the service, appropriate measures will be enforced to protect our business interests.

Please note that all the products and services, referred to as ("Marketing Tools" and "Marketing Services") are priced in Australian dollars. Consequently, should a dispute arise, any refunds will be processed in the same currency. We believe in maintaining transparency and fairness in all transactions.

Marketing Tools and Marketing Services come with a no lock-in contract, providing users with the flexibility to opt in or out as they choose.

This means you can enjoy the benefits of the service without being tied down to a long-term commitment, allowing you to make decisions that best suit your needs and preferences at any given time.

A team member will be happy to assist you with the cancellation process and address any concerns you may have.

Refunds

The service that we provide comes with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures you are entitled:

to cancel your contract with us; and

to a refund for the unused portion, or to compensation for its reduced value.

If a failure with the Marketing Tools or Marketing Services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time (30 days, or before the next subscription due date).



If this is not done you are entitled to cancel the contract and request a refund. Disputes will be handled internally, if no arrangement can be made we will seek legal counsel.

International Law

We operate solely within Australia; however, we want to clarify that we are not strictly restricted by our sovereign borders. While our primary business activities take place within Australia, we remain open to processing payments and conducting transactions that may extend beyond our usual jurisdiction. In such cases, we commit to fully complying with the legal requirements and regulations of the respective country in which the transaction occurs.

Data Collection

The processing of your personal information, meaning any information which may potentially allow your identification with reasonable means, is to fulfil contractual obligations and provide products or services. We may also use it to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject.

When you use the Site, you consent to the collection, storage, use, disclosure and other uses of your personal Information as described in this Privacy Policy.

We do not rent, sell, or share user information with third parties, except as outlined in this Privacy Policy.

We may use the information for:

 - Communicating with you about services.

 - Keeping you updated on the latest offerings.

 - Displaying advertisements on the Site.

 - Promoting products and websites.

 - Conducting statistical analysis to enhance the Site.

We may also share personal Information with subsidiaries and trusted third-party providers for purposes such as:

 - Operating the Site and delivering services.

 - Storing and processing information.

 - Serving advertisements and assessing campaign effectiveness.

 - Offering marketing promotions linked to the Site.

Additionally, we may disclose information if required to comply with laws, enforce policies, investigate issues, protect rights, or collaborate with law enforcement.

You have the right to receive a complete copy of the personal information that you have provided to us. This information will be delivered to you in a structured, commonly used, and machine-readable format to ensure easy access and usability.

Amendments

We reserve the right to periodically update or modify our site disclosure; notable changes will take effect immediately upon the posting of the revised Site Disclosure web-page.

By continuing to use the Platform after being informed of these updates on our website, you acknowledge and consent to the modifications made to the Site Disclosure and agree to abide by the terms of those changes.

If you have any general inquiries about the Site or the information we collect about you and its usage, please reach out to us at projects@marksy.com.au.