theADmarket

Terms of Service

Last updated: 3 June 2026

These Terms of Service ("Terms") govern your access to and use of the websites, applications, advertising services, advisory services, software tools, lead generation funnels, AI assistants and any other products or services (together, the "Services") provided by theADmarket Pty Ltd ("theADmarket", "we", "us" or "our"), including via the domain www.theadmarket.com and any sub-domains, landing pages or applications we operate on our own behalf or on behalf of clients.

By accessing or using any of the Services, by submitting an enquiry, lead form or contact form, by engaging us under a written or verbal services agreement, or by clicking a link or advertisement we operate, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

1. Who we are

theADmarket is a growth strategy and advertising business based in Australia. We help startups, small-to-medium businesses, and established companies grow through paid advertising, AI-powered automation, sales enablement, CRM implementation, lead generation and revenue diversification. Our principal place of business is in Victoria, Australia. Our contact details are at the end of these Terms.

2. Acceptance of these Terms

You accept these Terms when you do any of the following:

  • Access, browse or use our website or any landing page we operate.
  • Submit a contact form, lead form, enquiry, booking or quote request connected to a theADmarket campaign.
  • Engage theADmarket to provide services to you, your business or your organisation, whether under a written engagement letter, a statement of work, a proposal acceptance, a paid subscription, an emailed approval, or by directing us to commence work.
  • Use any application, dashboard, login, AI assistant or software tool that we make available to you.

If you are accepting these Terms on behalf of a company, business, partnership, trust or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers both to you personally and to that entity.

3. The Services

The Services we may provide include (but are not limited to):

  • Paid advertising strategy, campaign build, optimisation and reporting across platforms including Meta (Facebook and Instagram), Google Ads, YouTube, LinkedIn, TikTok and others.
  • Search engine optimisation, content production and creative production.
  • Lead generation funnels, landing pages, forms and conversion tracking.
  • CRM design, integration and implementation (for example, HubSpot, Salesforce, Pipedrive).
  • AI assistants, automation workflows, chatbots, voice agents and related tooling.
  • Strategic advisory, performance reporting and growth consulting.
  • Reseller and managed-service provision of third-party platforms.

The specific scope, deliverables, timing and pricing of work performed for any particular client will be set out in a separate engagement document (such as a proposal, statement of work, order form or written email confirmation). Where there is any inconsistency between these Terms and a signed engagement document, the engagement document prevails for that engagement.

4. Eligibility, accounts and access

To use the Services you must be at least 18 years old and legally capable of forming a binding contract under the law that applies to you. If we grant you a login, dashboard access, API key or other credential, you are responsible for keeping it confidential and for all activity that occurs under it. You must notify us immediately at security@theadmarket.com if you suspect unauthorised access.

We may decline to provide Services to, or refuse to continue providing Services to, any person or organisation at our sole discretion.

5. Your responsibilities and acceptable use

When using the Services or providing material to us, you must not:

  • Use the Services for any unlawful, fraudulent, misleading or deceptive purpose, or in a way that breaches the Australian Consumer Law, the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth), the GDPR, the UK GDPR or any other applicable law.
  • Provide false, inaccurate or misleading information, or impersonate any person or entity.
  • Upload, send or instruct us to send any content that is defamatory, obscene, harassing, discriminatory, infringing of any intellectual property right, or that promotes illegal activity.
  • Upload personal information about any third party (including for use in custom audiences, customer match, email marketing or SMS marketing) without having obtained all consents required under applicable privacy and direct marketing law.
  • Interfere with, disrupt, reverse engineer, scrape, probe, or attempt to gain unauthorised access to any part of the Services or any system or network connected to the Services.
  • Use the Services to operate or promote any business in an industry that is restricted or prohibited by a platform we run advertising on (for example, the advertising policies of Meta, Google, LinkedIn or TikTok). You are responsible for ensuring your business and offering comply with those policies.
  • Republish, resell, sub-license or commercialise the Services or any output of the Services to any third party without our prior written consent, except for the intended use of the Services on behalf of your own business.

You are responsible for the accuracy and lawfulness of all material, instructions, data and customer lists you provide to us, and for ensuring that any individual whose personal information you provide to us has been given a notice and (where required) has given a consent that permits the use you have asked us to make of that information.

6. Fees, invoicing and payment

Fees for the Services are set out in your engagement document. Unless otherwise agreed in writing:

  • Fees are quoted in Australian Dollars (AUD) and are exclusive of GST. GST will be added where applicable.
  • Invoices are payable within 7 days of the invoice date.
  • Ongoing or retainer fees are billed in advance for the upcoming period.
  • Third-party ad spend (for example, Meta or Google ad budgets) is your responsibility and is generally billed by the platform directly to your nominated payment method. Where theADmarket funds ad spend on your behalf, that spend is on-charged to you at cost plus any agreed handling fee, payable on the next invoice.
  • We may suspend or pause the Services if any invoice is more than 14 days overdue, on written notice, without liability to you.
  • All fees are non-refundable once work has commenced, unless we agree otherwise in writing.
  • We may recover all reasonable costs of collection, including legal fees, in respect of any overdue amount.

7. Intellectual property

7.1 Our IP

All intellectual property rights in the Services, our website, our software, our AI prompts, our internal frameworks, our methodologies, our reporting templates, our training materials and any pre-existing material we use in delivering the Services ("theADmarket IP") are and remain owned by theADmarket or our licensors. Nothing in these Terms transfers any ownership of theADmarket IP to you.

7.2 Your IP

You retain ownership of all material you provide to us (your logos, brand assets, copy, photos, videos, customer lists, product data and similar) ("Client IP"). You grant theADmarket a non-exclusive, royalty-free, worldwide licence to use, copy, modify, display, distribute and create derivative works from Client IP solely to the extent required to deliver the Services to you.

7.3 Deliverables

Unless your engagement document states otherwise, on payment in full of all fees relating to a deliverable, we assign to you ownership of any bespoke creative output we produce specifically for you (for example, ad copy, ad creative artwork, landing page copy), excluding any theADmarket IP or third-party IP embedded in that deliverable. theADmarket IP and third-party IP embedded in a deliverable are licensed to you under a non-exclusive, perpetual, non-transferable licence solely for use in connection with the business for which the deliverable was created.

7.4 Portfolio use

We may reference our work for you, the existence of our engagement, and high-level performance metrics in case studies, marketing materials, pitches and on our website, unless you ask us in writing not to. We will not disclose your Confidential Information (see Section 8) in doing so.

8. Confidentiality

Each party agrees to keep confidential, and not to disclose to any third party except as required to provide or receive the Services, all non-public information disclosed by the other party that is marked confidential or that would reasonably be understood to be confidential. This obligation does not apply to information that is publicly available through no fault of the receiving party, was already known to the receiving party, is independently developed, or is required to be disclosed by law or by a regulator. This obligation survives termination of these Terms for a period of 3 years.

9. Third-party platforms

The Services rely on third-party platforms including (but not limited to) Meta, Google, LinkedIn, TikTok, HubSpot, Shopify, WordPress, Stripe, Twilio, ElevenLabs, OpenAI and Anthropic. You acknowledge and agree that:

  • Your use of those platforms is governed by the terms of the relevant platform provider, and you are responsible for accepting and complying with those terms.
  • We do not control, and are not responsible for, the availability, accuracy, performance, pricing, policy changes, account suspensions or data handling practices of third-party platforms.
  • Changes by a third-party platform (for example, a change to ad targeting options, a change to attribution windows, a change to commission rates, or an account suspension) may affect the Services and the results you experience, and are not a breach of these Terms by us.
  • Where a third-party platform suspends, restricts or terminates an account, asset or campaign, we will use reasonable efforts to assist with reinstatement but we cannot guarantee that any reinstatement will be granted.

10. Disclaimers and results

To the maximum extent permitted by law:

  • The Services are provided "as is" and "as available". We do not warrant that the Services will be uninterrupted, error-free or free from harmful components.
  • Advertising and marketing involve significant variables that are outside our control, including market conditions, competitor activity, platform algorithm changes, your product or offer, your pricing, your delivery, your reputation and seasonality. We do not guarantee any particular result, return on ad spend, cost per lead, conversion rate, ranking, revenue, growth or commercial outcome.
  • Any forecasts, projections, examples, case studies, testimonials or estimates we share are provided in good faith for illustration only and are not a representation, warranty or guarantee of future performance.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

11. Limitation of liability

To the maximum extent permitted by law:

  • Neither party is liable to the other for any indirect, consequential, special, incidental, exemplary or punitive loss or damage, or for any loss of profit, loss of revenue, loss of goodwill, loss of business opportunity, loss of anticipated savings, or loss or corruption of data, arising out of or in connection with these Terms or the Services, even if advised of the possibility of such loss.
  • Our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total fees actually paid by you to theADmarket for the Services in the 3 months immediately preceding the event giving rise to the claim.

Where a consumer guarantee under the Australian Consumer Law applies and cannot lawfully be excluded, our liability for breach of that guarantee is limited (where the law permits) to the resupply of the Services or the payment of the cost of having the Services resupplied.

12. Indemnity

You agree to indemnify and hold harmless theADmarket, its directors, employees, contractors and agents against all losses, damages, claims, demands, fines, costs and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your breach of these Terms, any engagement document or any applicable law.
  • Any content, data, instructions, customer lists or material you provide to us, including any breach of intellectual property, privacy, anti-spam or consumer protection law.
  • Your operation of the business or activity that the Services are provided in support of.

13. Term, suspension and termination

These Terms apply for as long as you use the Services or have an engagement in place with us. Either party may terminate an engagement for convenience by giving the other party at least 30 days' written notice, unless the engagement document states otherwise. Either party may terminate immediately on written notice if the other party:

  • Commits a material breach of these Terms or the engagement document that is not remedied within 14 days of written notice.
  • Becomes insolvent, enters into liquidation, has a receiver or administrator appointed, or is otherwise unable to pay its debts as they fall due.

We may also suspend the Services immediately, without liability, if we reasonably believe your use of the Services breaches Section 5, exposes us to legal, reputational or platform-policy risk, or if any invoice is more than 14 days overdue.

On termination:

  • You must pay all fees owing up to and including the termination date.
  • We will provide reasonable handover assistance on a time-and-materials basis if requested.
  • Sections that by their nature should survive termination (including Sections 6 to 12, 14 and 18) survive termination.

14. Privacy

Our handling of personal information is described in our Privacy Policy, available at https://www.theadmarket.com/pages/privacy-policy. By using the Services you acknowledge that you have read the Privacy Policy.

15. Communications

By providing your contact details to us you consent to us contacting you by email, SMS, phone, WhatsApp or in-product messaging for matters connected to the Services and to direct marketing of our own offerings. You can opt out of direct marketing at any time using the unsubscribe link in any email or by replying STOP to any SMS.

16. Changes to these Terms

We may update these Terms from time to time. The current version is always posted at https://www.theadmarket.com/pages/terms-of-service with the "Last updated" date. If we make a material change, we will use reasonable efforts to notify you (for example, by email or in-app notice) before the change takes effect. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the updated Terms.

17. General

  • Entire agreement: These Terms, together with your engagement document and our Privacy Policy, constitute the entire agreement between you and us in respect of the Services and supersede any prior representation, agreement or understanding.
  • No waiver: A failure by either party to enforce any provision is not a waiver of that provision.
  • Severability: If any provision is held to be unenforceable, the remaining provisions remain in full force.
  • Assignment: You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of our business.
  • Force majeure: Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, war, civil unrest, network or hosting outages, third-party platform outages, government action and changes in law.
  • Independent contractors: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.

18. Governing law and jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia and the courts of appeal from them.

Before commencing any court proceeding, the parties agree to attempt in good faith to resolve any dispute by negotiation, and if that fails, by mediation under the Resolution Institute Mediation Rules. This Section does not prevent either party from seeking urgent interlocutory relief.

19. Contact us

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

theADmarket Pty Ltd
18 Parkview Terrace
Chirnside Park, Victoria 3116
Australia

Email: legal@theadmarket.com
General: hello@theadmarket.com
Privacy: privacy@theadmarket.com