Terms & Conditions

 

User Agreement

This User Agreement was last modified on 5th May 2024

This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.

In this User Agreement:

"Account" means the account associated with your email address.

"Advertiser" means a User that purchases Expert Services or items from Experts or identifies an Expert through the Website. A User may be both an Advertiser and an Expert under this User Agreement.

"Brief" means the information setting out the scope of a work, including but not limited to items such as a design brief.

"Dispute Process" means the process to be followed by Advertisers and Experts in accordance with the Dispute Services.

"Dispute Services” means the dispute services as set out in the Dispute Policy. 


"theADmarket", "we", "our", "Company" or "the Company" or "us" means theADmarket.com Pty Limited (ABN 87 674 269 795).

"theADmarket Verified" means Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.

"Inactive Account" means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.

"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.


"Response Payment" means a payment made by the Advertiser for the completion of a detailed response by an Expert under a User Contract and which will be released in accordance with the section "Response Payment" of these terms and conditions.

"Brief" means a job offered or awarded by an Advertiser via the Website, which may include a Brief listed by an Advertiser, a Brief awarded by an Advertiser and a service bought by an Advertiser from an Expert.

"Expert" means a User that offers and provides services or identifies as an Expert through the Website. A User may be both an Advertiser and an Expert under this User Agreement.

"Expert Services" means all services provided by an Expert.

"theADmarket Services" means all services provided by us to you.

"User", "you" or "your" means an individual who visits or uses the Website, including via the API.

"User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Expert and Advertiser uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Brief terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.

"Website" means the Websites operated by theADmarket and available at: theADmarket.com and any of its regional or other domains or properties, and any related theADmarket service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

1. Overview

By accessing the Website, you agree to the following terms with theADmarket.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.

The Website is an online venue where Users buy and sell Expert Services, media content and other  items.

Advertisers and Experts must register for an Account in order to buy or sell Expert Services and/or items. 

The Website enables Users to work together online to complete and pay for Briefs, buy and sell items and to use the services that we provide. We are not a party to any contractual agreements between Advertiser and Expert in the online venue, we merely facilitate connections between the parties.

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

2. Scope

Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, theADmarket Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services.

3. Eligibility

You will not use the Website if you:

  1. are under the age of 16;

  2. are suspended or banned from using the Website; or

  3. do not hold a valid email address.

All free User accounts are associated with individuals. Login credentials should not be shared by Users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User's Account. Unless a company account has been set up as described in the following paragraph, Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account. 

A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays a business subscription.

We may, at our absolute discretion, refuse to register any person or entity as a User.

You cannot transfer or assign any rights or obligations you have under this User Agreement without prior written consent.

4. Using theADmarket

While using the Website, you will not attempt to or otherwise do any of the following:

  1. post content or items in inappropriate categories or areas on our Websites and services;

  2. infringe any laws, third party rights or our policies, such as the  Code of Conduct;

  3. fail to deliver payment for services delivered to you;

  4. fail to deliver Expert Services purchased from you;

  5. circumvent or manipulate our fee structure, the billing process, or fees owed to theADmarket;

  6. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);

  7. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);

  8. transfer your theADmarket account (including feedback) and Username to another party without our consent;

  9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

  10. distribute viruses or any other technologies that may harm theADmarket, the Website, or the interests or property of theADmarket Users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

  11. download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;

  12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;

  13. copy, modify or distribute rights or content from the Website or theADmarket's copyrights and trademarks; 

  14. harvest or otherwise collect information about Users, including email addresses, without their consent; or

  15. use theADmarket to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).

5. Intellectual Property Rights Infringement

It is our policy to respond to clear notices of alleged Intellectual Property Rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to  verify. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Website and we will investigate.

Except as expressly agreed between the Users, nothing in this User Agreement shall be deemed to grant to anyone else, by implication, estoppel or otherwise, license rights, ownership rights or any other rights relating to the Intellectual Property Rights of the other party. All Users agree to reproduce copyright legends or any other markings indicative of ownership that appear on any materials provided by another User, irrespective of ultimate ownership of the underlying Intellectual Property Rights.  All Intellectual Property Rights which have been agreed to be transferred as a result of services being provided between Users shall only be deemed to have taken place following receipt of payment by the applicable User.


  

6. Fees and Services

When you use an Expert service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges as set out at link which we may change on occasion for promotions.

Unless otherwise stated, all fees are quoted in Australian Dollars ($AUS).

From time to time, theADmarket may provide site credits (for example AUS$10 off your next Brief) limited to certain Users as a promotion. In these cases, the credit may be given in the form of coupon links or codes, emails, sms or advertisements.

This is subject to the following conditions:

  1. All members of the website are subject to all other terms and conditions of the website, which in case of dispute, this section will prevail over.

  2. All members of the program must be over the age of 16 years.

  3. Users may be asked to provide verification of payment or other User information before receiving the credit.

  4. Any site credit that has been given in relation to this promotion will  expire at the  time specified on the applicable promotion but in any event will expire after 3 months from when the promotion is granted.

  5. This site credit may only be used for the purpose of a payment of site fees including but not limited to Brief fees, media fees and memberships.

  6. theADmarket may require that redeeming Users fill in and complete their profiles and/or pass identity checks before payments are released.

  7. This promotion may be withdrawn for a specific User or set of Users, if significant reversals, fraud or chargebacks are observed, if theADmarket believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes, or for any other reason.

  8. For any specific User, theADmarket may choose to cap the maximum value of site credit accrued by an individual or collection of related individuals.

  9. theADmarket reserves the right to disallow use of this promotion in its sole and absolute discretion, with respect to fair use of this promotion, or to prevent any suspected fraud.

  10. theADmarket reserves the right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes, in particular to request evidence of bona fide work being done in relation to any Brief with the site credit.

  11. theADmarket reserves the right to cancel or amend this promotion at any time.

  12. theADmarket reserves the right to cancel the promotion in any region if it is deemed or becomes unlawful to offer the promotion to any resident of that region.

  13. theADmarket reserves the right to cap the total site credit available under the program.

  14. Any site credit may not be duplicated, sold, traded or transferred in any manner, including but not limited to being withdrawn for cash.

  15. theADmarket reserves the right to remove credit or remove Users from participating in the program if the Company determines the users to be acting in bad faith and are abusing the program.

  16. The decisions of management regarding promotions are final. No correspondence will be entered into.

  17. Management and employees of theADmarket and its related companies are not eligible to participate in this program.

  18. theADmarket reserves the right to set the bonus credits for each individual User and to release said bonus credit in any currency the Company sees fit.

  19. theADmarket is not liable for any loss or damage whatsoever which is suffered (including but not limited to, direct or consequential loss) or for any personal injury suffered or sustained in connection with entry into the competition or acceptance of the prize.

7. Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided and complying with all other tax requirements such as registration. 

Depending on your residency or location, you may be subject to certain ad valorem or other taxes (for example, GST in Australia), on certain fees that we charge. 

You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

Since Experts who are either registered or required to be registered for GST  may be required to charge GST to Australian consumers on certain Briefs, Experts must take advice to ensure they comply with these and other applicable tax requirements. 


8. Promotion

We may display your company or business name, trade name, logo, marks, images or other media as part of theADmarket Services and/or on  marketing materials relating to the Website, except where you have explicitly requested in writing to support@theadmarket.com. 

You acknowledge that we may use the public description of your Briefs and the content of your profile information on the Website for marketing and other related purposes.

9. Content

When you give us content, you grant us a worldwide, perpetual, revocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we act only as a platform for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

  1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;

  2. will not violate any law or regulation;

  3. will not be defamatory or trade libellous;

  4. will not be obscene or contain pornography;

  5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons

  6. will not contain material linked to terrorist activities

  7. will not include incomplete, false or inaccurate information about User or any other individual; and

  8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Australia. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and theADmarket services and may close your Account.

Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.

We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We act as an intermediary platform and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.

In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.

10. Feedback, Reputation and Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of theADmarket feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Expert Services via the Website. You may not use your Expert or Advertiser feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by theADmarket or its related entities, without our written permission.

11. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Brief, item listed, User or service being performed on the Website.

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other Intellectual Property Rights or proprietary rights and laws. Unless expressly authorised by theADmarket or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

12. Communication With Other Users

Communication with other Users on the Website must be conducted through the text chat functionality, along with Brief message function, direct message sending and other communication channels provided on the Website.

You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website.

Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, WhatsApp, GChat or Yahoo.

theADmarket may use information such as your name, location, display or username, and or your image, in relation to the provision of messaging services on the Website.

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

13. Identity / Know Your Customer

You authorise us, directly or through third parties, to make any reasonable and proportionate inquiries we consider necessary to validate your identity. You must, at our reasonable request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

You must also, at our reasonable request, provide copies of identification documents (such as your passport,  driver's licence or social security documentation). We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video or telephone interview with you to validate this information, your identity, your background and your skills.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or theADmarket Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section. We reserve the right to update your particulars on the Website in order to match any identity documentation that has been provided. Disbursements such as wire transfers from the Website may only be made to the beneficiary matching your provided identity documents and account information.

If you are not theADmarket Verified you may not be able to withdraw funds from your theADmarket Account, and other restrictions may apply. See the Know Your Customer and Identity Verification Policy for more details.

14. User Services

Upon the Advertiser awarding a Brief to the Expert, and the Expert's acceptance on the Website, or the purchase of an item by an Advertiser from the Expert, the Advertiser and Expert will be deemed to have entered into a User Contract under which the Advertiser agrees to purchase, and the Expert agrees to deliver the Expert Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as an Advertiser or Expert, or in any other uses you make of the Website.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.


Each User acknowledges and agrees that the relationship between Advertisers and Experts is that of  independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between theADmarket and any User.

15. Funds

You may have positive funds in your Account if you have prepaid for services to be provided to you via the Website. If you are an Expert, you may have positive funds if you have successfully completed a Brief, or sold an item, and funds have been released to you. There are also circumstances where funds may have been credited to your Account in relation to a special promotion or program.

You are not entitled to any interest, or other earnings for funds that are in your Account.

We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.

If your Account has negative funds, we may:

  1. set-off the negative amount with funds that you subsequently receive into your Account;

  2. reverse payments you have made from your Account to other User Accounts on the Website;

  3. deduct amounts you owe us from money you subsequently add or receive into your Account; or

  4. immediately suspend or limit your Account until such time as your Account no longer has a negative amount.

In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

  1. we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;

  2. the funds shown in your Account represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Expert Services through the Website and provision of the theADmarket Services;

  3. if you were a User acquired in an acquisition and your account was migrated to the Website, we are responsible for your positive funds only to the extent of the legal documentation between us and any acquired marketplace, along with this User Agreement, and you acknowledge specifically that the onus is on you to confirm the validity of your funds, and that any understatement or misstatement in relation to this is not a claim against us, and belongs with the counterparty of any prior user agreement to which you agreed;

  4. to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;

  5. we are not acting as a trustee or fiduciary with respect to such funds or payments;

  6. the amount of funds showing in your Account is not insured and is not a guaranteed deposit;

  7. funds may only be loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Expert Services;

  8. any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;

  9.              we will hold funds in respect of the amount of your Account in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and

  10. we may commingle your funds with funds of other Users and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.

16. Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.

If we become aware that any funds received into an Account from another Account are a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds back into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.

We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:

  1. we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;

  2. we believe that the beneficiary of the payment is someone other than you;

  3. we believe that the payment is being made to a country where we do not offer our Service; or

  4. we are required to do so by law or applicable law enforcement agencies.

If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behaviour, while we investigate any such matter.

17. Refunds

You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to any payment for approved Expert Services or relates to fees or charges payable to us.

If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by emailing us at refund@theADmarket.com. Once you have made a Payment, you expressly agree to use the dispute process in this User Agreement,  agree to be bound by its ruling and agree not to initiate any chargeback request with your card issuer.

If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

18. Withdrawals

Your first withdrawal of funds earned may be delayed for up to fifteen days for security, money laundering, fraud prevention and any other compliance requirements.

We may impose a minimum withdrawal amount for funds earned. This is set out in our schedule of Fees and Charges. 

We may require you to be theADmarket Verified before you can withdraw funds from your theADmarket Account, irrespective of whether or not a delay has been enforced. For details of how to become theADmarket Verified please read the Know your Customer and Identity Verification Policy.

You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy, as outlined in the section on "Identity / Know Your Customer" sections of this User Agreement.

19. Chargebacks

A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.

You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Advertisers through the Website, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.

You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors). If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

20. Inactive Accounts

User Accounts that have not been logged into for a 6 month period will incur a maintenance fee ($AUS5 per month), until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User's profile, portfolio storage, listing in directories, promotion of your profile on the Website and elsewhere, file storage, message transmission, general administrative matters and message and other storage costs.

We reserve the right to close an Inactive Account.

We reserve the right to close an account with nil or negative funds that has been inactive for over 6 months.

21. Right to Refuse Service

We may close, suspend or limit your access to your Account. Without limiting the foregoing, we may close, suspend or limit your access to your Account: 

  1. if we determine that you have breached, or are acting in breach of this User Agreement;

  2. if you under-bid on any Brief in an attempt to renegotiate the actual price privately, to attempt to avoid fees;

  3. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;

  4. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;

  5. you do not respond to account verification requests;

  6. you do not complete account verification when requested within 3 months of the date of request;

  7. you are the subject of a United Nations, Australian, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;

  8. to manage any risk of loss to us, a User, or any other person; 


If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.


Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.

In the event that we close your Account according to this User Agreement, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

22. Dispute Services

theADmarket offers Dispute Services to Users. You agree and acknowledge that: (i) theADmarket is not providing legal services; (ii) theADmarket will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on theADmarket for any such counsel.

In the event of a dispute between an Advertiser and an Expert regarding a return or release of payments, either Advertiser or Expert may elect to use the Dispute Services offered by theADmarket as set out in the Dispute Resolution Policy. The Advertiser and Expert will then be notified that the matter will be addressed through theADmarket’s Dispute Services.

You agree to indemnify and (to the maximum extent permitted by law) hold theADmarket and any of our affiliates harmless against any damages or liability you may suffer as a result of using the  Dispute Services.

theADmarket will respond to disputes initiated by an Expert or an Advertiser in accordance with the Dispute Services as set out in this clause and the Dispute Resolution Policy and in relation to disputes that arise in relation to the provision, and the hosting of the Website by theADmarket as set out in the clause entitled Disputes with Us, along with the approach to disclosing information in relation to chargebacks set out in clauses 19 and 23.


23. Disputes With Us

If a dispute arises between you and theADmarket, you and we shall seek to resolve the dispute between us as soon as practicable and in any event within 30 days. For further detail on this dispute process please refer to Dispute Resolution Policy.

For any dispute  not resolved within 30 days following the notification to the other, all disputes shall be referred and finally resolved, at the initiation of either party, through binding non-appearance-based arbitration. Such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by us or you from a panel of ADR providers that theADmarket will provide to you on request. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, theADmarket will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this User Agreement.

theADmarket's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

24. Currencies

The  Website will display rates in the local currency of that Website, in addition to the actual amount. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount.

As a convenience service, you may withdraw funds from the Website in another currency. If you wish to do so, you will be quoted an exchange rate which will be available for the time specified, which you may choose to accept. We may charge a fee for effecting the currency conversion transactions. This fee will be embedded within the rate provided to you and the currency exchange will be settled immediately.

We reserve the right to reject any request for a conversion of currency at any time.

You are responsible for all risks associated with converting and maintaining funds in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decreases in the value of your funds in aggregate. You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider.

All information included on the Website in respect of currency conversion is general information only. Use of currency conversion is at your own risk. Currency conversions are final and irreversible.


25. Survival and Release

This User Agreement supersedes any other agreement between you and the Company. If any part of this User Agreement is found to be unenforceable, that part will be limited to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect. Our failure to enforce any part of this User Agreement is not a waiver of any of our rights to later enforce that or any other part of this document. We may assign any of our rights this User Agreement .

If there is a dispute between participants on this site, or between Users and any third party, you agree that the Company is under no obligation to become involved. 

26. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our API (application programming interface), for any purpose without our express written permission.

Additionally, you agree that you will not:

  1. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;

  2. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

  3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of theADmarket and the appropriate third party, as applicable;

  4. interfere or attempt to interfere with the proper working of the Websites, services or tools, or any activities conducted on or with the Websites, services or tools; or

  5. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

27. Closing Your Account

You may close your Account at any time. Please email admin@theadmarket.com with subject ‘Account Closure’.

Account closure is subject to:

  1. not having any outstanding listings on the Website;

  2. resolving any outstanding matters (such as a suspension or restriction on your Account); and

  3. paying any outstanding fees or amounts owing on the Account.

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

28. Privacy

We shall only process your personal information in accordance with the law and our Privacy Policy which is part of this User Agreement. If you object to your information being transferred or used in this way then you must stop using the Website and our services immediately.   Without limitation to the rest of our Privacy Policy we will only use, process, reproduce, communicate or package to any person, your Personal Information when it is connected to you for the purpose of providing the service under this User Agreement.


29. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this User Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and theADmarket Services.

In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.

30. Security

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the theADmarket Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.

31. No Warranty as to Each User's Purported Identity

Although all reasonable steps are taken we cannot and do not confirm each User's purported identity on the Website. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

32. No Warranty as to Content

The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.

Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

  1. the Website or any Expert Services or theADmarket Services;

  2. the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Expert Services or theADmarket Services;

  3. whether the Website or Expert Services or theADmarket Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;

  4. whether defects in the Website will be corrected;

  5. whether the Website, the Expert Services or the theADmarket Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Expert Services or theADmarket Services;

  6. any third party agreements or any guarantee of business gained by you through the Website, Expert Services or theADmarket Services or us; or

  7. the Website, Expert Services or theADmarket Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

33. Limitation of Liability

In no event shall we, our related entities, our affiliates, directors or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

  1. any indirect, special, incidental or consequential damages that may be incurred by you;

  2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;

  3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

In the event that you have a dispute with one or more other Users, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.


Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

To the extent that we are able to limit our liability under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the theADmarket services again or the payment of the cost of having the theADmarket services supplied again.

Notwithstanding the foregoing, neither we nor any of our Affiliates shall be liable to you in respect of all and any claims brought against us pursuant to this User Agreement which exceed the lesser of GBP$AUS10,000 (ten thousand British Pounds)] or the fees payable by you to theADmarket.com in the 12 months prior to the applicable claim.


34. Legal Limitations

You and we agree that you and we will only bring claims against the other in accordance with clause 23, only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

35. Notices

Legal notices will be served or to the email address you provide to theADmarket during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such a case, notice will be deemed given three days after the date of mailing.

Any notices to theADmarket must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or sent by email to legal@theADmarket.com.

36. Law and Forum for Legal Disputes

This User Agreement will be governed in all respects by the laws of Australia. Disputes are to be resolved in accordance with clause 23. Nothing in this Agreement shall prevent either party from seeking provisional measures from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.  

37. Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be void, invalid or unenforceable, such provision may be removed and the remaining provisions will continue in full force and effect. This User Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

38. Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

39. No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

40. Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

41. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the theADmarket Website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this User Agreement and provide additional terms and conditions related to specific services offered on our Websites, including but not limited to:

Each of these policies may be changed from time to time. Changes take effect when we post them on the theADmarket Website. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

42. General

theADmarket.com Pty Limited is located at Suite 10, 1 East Ridge Drive, Chirnside Park. VIC 3116 Australia

This User Agreement contains the entire understanding and agreement between you and theADmarket. The following Sections survive any termination of this User Agreement: Fees And Services (with respect to fees owed for our services) (clause 6), Content (clause 9), No Warranty (clauses 32 and 33) , Limitation Of Liability (clause 34), Indemnity (clause 30), Legal Limitations (clause 35), and Disputes With Us (clause 24).

43. Abusing theADmarket

theADmarket reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or User account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban Users.

Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:

  1. use of our services for any illegitimate or non bona fide purpose

  2. creating problems with other Users or potential legal liabilities

  3. infringing the Intellectual Property Rights of third parties

  4. acting inconsistently with the letter or spirit of any of our policies

  5. abuse of any staff members including inappropriate or unreasonable communications

  6. abuse or poor performance on theADmarket platform

  7. any attempt to use theADmarket's platform or services for any objectionable purpose

44. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support website or emailing us at support@theADmarket.com.