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Terms and Conditions

Last updated: November 2026

This page has two parts:

Part A: Website terms of use

1. About these terms

1.1 These terms apply to your use of www.marketsoft.com.au (the website), which is operated by Marketsoft Services Pty Ltd (Marketsoft, we, us, our). By using the website, you agree to these terms. If you don’t agree, please don’t use the website.

1.2 Our Privacy Policy and Cookie Policy explain how we handle personal information and use cookies on the website.

2. Information on the website

2.1 The information on the website, including our articles, guides, white papers and checklists, is general information only. It is not legal, privacy, financial or other professional advice, and it doesn’t take your organisation’s circumstances into account. Please get advice that suits your circumstances before acting on it.

2.2 We work to keep the website accurate and up to date, but we don’t promise that it is complete, accurate or current at all times.

2.3 Client stories, examples and testimonials describe particular engagements. The results any organisation achieves depend on its own circumstances.

3. Resources you download

3.1 You may download our resources and use them for your own information and for your organisation’s internal purposes. You must not sell them, publish them, or present them as your own without our written permission. If you quote from them, please acknowledge Marketsoft as the source.

3.2 The download link we email you is for you. It stops working after a period of time; you can always request the resource again on the website.

4. Intellectual property

4.1 The content of the website, including its text, images, graphics, design and software, is owned by Marketsoft or used under licence, and is protected by copyright and other laws. Apart from what the law allows (such as fair dealing) and what clause 3 permits, you must not copy, reproduce, adapt or publish it without our written permission.

4.2 The Marketsoft name and logo, and the names of our products and services, are our trade marks. Other organisations’ names and logos on the website belong to their owners.

5. Using the website properly

5.1 You must not:

  • use the website for any unlawful purpose, or in a way that infringes anyone’s rights;
  • try to gain unauthorised access to the website or the systems behind it, or interfere with how they work (for example, by introducing malicious code or overloading them);
  • use automated means to send our forms, or to copy the website’s content in bulk, other than search engines indexing the website; or
  • give us false or misleading information, or information about another person that you are not authorised to give.

5.2 If you give us personal information about someone else (for example, when you refer an opportunity to us through our partner referral program), you must be authorised to do so, and you should tell them that you have given it to us and where to find our Privacy Policy.

The website links to other websites, such as our social media pages and booking pages. We don’t control those websites and aren’t responsible for their content, availability or privacy practices. A link isn’t an endorsement.

7. Availability and security

We may change, suspend or stop any part of the website at any time. We don’t promise that the website will always be available or free of errors, viruses or other harmful code, so please use up-to-date security software.

8. Our liability

8.1 Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, that the Australian Consumer Law or another law gives you and that can’t lawfully be excluded, restricted or modified.

8.2 Subject to clause 8.1, and to the extent the law allows, we are not liable for any loss or damage arising from your use of the website, or your reliance on information on it or on a resource you download from it.

8.3 Where our liability under a guarantee in the Australian Consumer Law can be limited, it is limited to supplying the relevant information or service again, or paying the cost of having it supplied again.

9. Changes to these terms

We may update these terms from time to time by publishing a new version on this page. The version on this page when you use the website applies to that use.

10. Governing law

These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them.

Part B: Terms and conditions of service

1. About these terms

1.1 These terms and conditions of service (Terms) set out the terms on which Marketsoft Services Pty Ltd (Marketsoft) provides services to its customers (each a Customer).

1.2 These Terms apply to all services Marketsoft provides, including data management and processing, data products, analytics, consulting, technology and digital services (Services), unless Marketsoft and the Customer have signed a separate agreement for those Services. Where they have, that agreement applies, and these Terms apply only to the extent it says so.

1.3 This version of the Terms applies to Services Contracts formed on or after the date it was published on this page. A Services Contract formed earlier continues on the terms that applied when it was formed (the previous version is available), unless Marketsoft and the Customer agree otherwise.

2. Services Contracts

2.1 Marketsoft and the Customer enter into a contract for Services (Services Contract) when the Customer:

(a) accepts Marketsoft’s statement of work, proposal or quotation setting out the Services, the price and other relevant terms (Quotation);

(b) asks Marketsoft to start providing the Services set out in a Quotation; or

(c) continues to instruct Marketsoft in relation to Services.

2.2 A Services Contract is made up of the Quotation (if Marketsoft has provided one) and these Terms. If the Quotation and these Terms are inconsistent, the Quotation prevails.

3. Prices

3.1 A price in a Quotation (Price) is valid for 30 days, unless the Quotation says otherwise. If a Services Contract isn’t formed within that time, Marketsoft may update the Price.

3.2 Unless a Services Contract says otherwise, Prices and other amounts payable exclude GST.

4. Changes and cancellation

4.1 A Services Contract can only be changed or cancelled with the written agreement of both parties, which may be given by email.

4.2 If the Customer asks for a change to the Services, Marketsoft will tell the Customer of any resulting change to the Price or the timeframe before it carries out the changed work. The change takes effect once the Customer agrees to it.

4.3 If a Services Contract is cancelled or changed, the Customer must pay Marketsoft for the work performed, and for the materials, third-party data and third-party services used or specifically obtained for the Customer, up to the date of the cancellation or change.

5. The Customer’s responsibilities

5.1 The Customer must provide Marketsoft with the information, data, documents, specifications and other inputs that Marketsoft needs, or reasonably asks for, to provide the Services (Customer Materials), in good time.

5.2 The Customer must give Marketsoft reasonable access to its premises and systems as needed to provide the Services.

5.3 The Customer warrants that the Customer Materials, and Marketsoft’s use of them to provide the Services, will not infringe the rights of any third party (including intellectual property rights and rights of confidentiality) and will not include any defamatory or unlawful material.

5.4 Where the Customer Materials include personal information, the Customer warrants that it has collected that personal information, and is permitted to disclose it to Marketsoft and to have it used for the Services, in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and any other law that applies, including by giving any notices and obtaining any consents required.

5.5 The Customer must use the data, reports and other outputs that Marketsoft provides (including data from Marketsoft’s data products) only for the purposes agreed in the Services Contract, and in compliance with all laws that apply to that use, including the Privacy Act, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).

6. Performance

6.1 Subject to the Customer meeting its responsibilities under clause 5, Marketsoft will provide the Services with due care and skill, and in accordance with any timeframe agreed in the Services Contract.

6.2 If Marketsoft is delayed by the Customer not meeting its responsibilities under clause 5, or by an event beyond Marketsoft’s reasonable control, the timeframe is extended to the extent of the delay. Marketsoft will tell the Customer about the delay as soon as practicable.

7. Subcontractors and third-party services

7.1 Marketsoft may use subcontractors to perform part of the Services. Marketsoft remains responsible for the Services they perform.

7.2 Where the Customer asks Marketsoft, or a Quotation provides for Marketsoft, to arrange services from a third party for the Customer (for example, printing, mail or media), Marketsoft arranges them as the Customer’s agent. In that case:

(a) the Customer must pay the cost of the third-party services;

(b) the third party’s terms apply to those services, and Marketsoft will give the Customer a copy of them on request; and

(c) Marketsoft is not responsible for the third party’s performance, but will give the Customer the assistance it reasonably needs, at the Customer’s cost, to pursue a claim against the third party.

8. Third-party data

8.1 In providing the Services, Marketsoft may use data from third-party suppliers, for example to validate or enhance Customer data, or as part of a data product.

8.2 Third-party data may come with conditions set by its supplier, such as limits on how, how often or for how long it may be used. Marketsoft will tell the Customer about any conditions that apply to the Customer, in the Quotation or before the data is supplied, and the Customer must comply with them.

8.3 Marketsoft may give a third-party data supplier limited details of the Services that used its data, such as the Customer’s name and the quantity of data used, for royalty reporting and licence compliance. Marketsoft does not give the supplier the Customer’s data for this purpose.

9. Payment

9.1 The Customer must pay Marketsoft’s invoices as set out in the Services Contract. If the Services Contract doesn’t say when an invoice is due, it is due within 30 days of the invoice date.

9.2 GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). The Customer must pay any GST payable on a supply under a Services Contract, in addition to the Price, once it has received a tax invoice.

10. Intellectual property

10.1 Marketsoft, or its licensors, owns all intellectual property rights in its software, tools, methods, processes, models, templates and know-how, and in its data products, including improvements to any of them (Marketsoft IP). A Services Contract does not transfer ownership of any Marketsoft IP to the Customer.

10.2 The Customer owns the Customer Materials. The Customer grants Marketsoft a licence to use the Customer Materials only to provide the Services.

10.3 Once the Customer has paid for them, Marketsoft grants the Customer a non-exclusive, non-transferable licence to use the reports, data and other deliverables that Marketsoft provides under a Services Contract (including any Marketsoft IP in them) for the Customer’s internal business purposes and the purposes agreed in the Services Contract. Data from Marketsoft’s data products, and third-party data, may be used only for the uses and the period set out in the Services Contract.

10.4 The Customer must do anything Marketsoft reasonably asks to confirm Marketsoft’s rights under this clause, including signing any documents needed for that purpose.

11. Customer data and privacy

11.1 Each party must comply with the Privacy Act and any other privacy law that applies to it in connection with a Services Contract, and must not do anything that causes the other party to breach the Privacy Act.

11.2 When Marketsoft handles personal information contained in the Customer Materials (Customer Data), Marketsoft will:

(a) use the Customer Data only to provide the Services, and in line with the Customer’s reasonable instructions;

(b) take reasonable steps to protect the Customer Data from misuse, interference and loss, and from unauthorised access, modification or disclosure;

(c) ensure that its personnel and subcontractors who handle the Customer Data are bound by obligations of confidentiality;

(d) not disclose the Customer Data to anyone else, except to provide the Services or where the law requires it;

(e) tell the Customer promptly if it becomes aware of any actual or suspected unauthorised access to, or disclosure or loss of, Customer Data, and give the Customer the assistance it reasonably needs to respond, including to meet its obligations under the Notifiable Data Breaches scheme; and

(f) when the Services Contract ends, or earlier if the Customer asks, return the Customer Data to the Customer or securely destroy it, except where the law requires Marketsoft to keep it, or it is held in routine back-ups that are deleted in the ordinary course.

11.3 Each party must tell the other promptly if it becomes aware of a complaint about the handling of personal information in connection with a Services Contract, and give the other party the assistance it reasonably needs to resolve the complaint.

12. Confidentiality

12.1 In this clause, Confidential Information means information that one party (Discloser) discloses to the other (Recipient), or that the Recipient becomes aware of, in connection with a Services Contract or in discussions about a possible Services Contract, that is marked as confidential or that by its nature should reasonably be treated as confidential. It includes Customer Data.

12.2 Confidential Information does not include information that is or becomes public (other than through a breach of this clause), that the Recipient already knew or developed independently, or that the Recipient lawfully receives from someone else without a duty of confidence.

12.3 The Recipient must keep the Discloser’s Confidential Information confidential, use it only for the purposes of the Services Contract, and disclose it only with the Discloser’s prior written consent. The Recipient may disclose it to its employees, contractors and professional advisers who need to know it for those purposes and are bound by obligations of confidentiality, and where the law requires.

13. Liability

13.1 Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or another law, that cannot lawfully be excluded, restricted or modified (Non-excludable Rights).

13.2 Where Marketsoft is permitted to limit its liability for a breach of a Non-excludable Right, its liability is limited, at Marketsoft’s option:

(a) for goods, to replacing the goods or supplying equivalent goods, repairing the goods, or paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and

(b) for services, to supplying the services again, or paying the cost of having the services supplied again.

13.3 Subject to clause 13.1, Marketsoft’s total liability arising out of or in connection with a Services Contract, whether in contract, tort (including negligence), under statute or otherwise, is limited to the fees paid by the Customer to Marketsoft under that Services Contract.

13.4 Subject to clause 13.1, neither party is liable to the other for any loss of profit, revenue or goodwill, or for any indirect or consequential loss, arising out of or in connection with a Services Contract, however it arises. This clause does not limit the Customer’s obligation to pay for the Services.

13.5 The Customer must keep its own copies of the Customer Materials it provides to Marketsoft. Subject to clauses 13.1 and 13.3, Marketsoft’s liability for any loss of, or damage to, data is limited to the reasonable cost of restoring it from the Customer’s copies.

13.6 Each party’s liability is reduced to the extent that the other party caused or contributed to the loss.

14. Termination

14.1 Either party may end a Services Contract, without giving a reason, by giving the other party 60 days’ written notice.

14.2 Either party may end a Services Contract immediately by written notice if the other party:

(a) has a receiver, receiver and manager, administrator, liquidator, trustee or similar person appointed over it or any of its assets;

(b) is the subject of winding up proceedings, or stops carrying on business;

(c) enters into a compromise or arrangement with its creditors; or

(d) is unable to pay its debts as and when they fall due.

14.3 Either party may end a Services Contract by written notice, effective immediately unless the notice says otherwise, if the other party commits a material breach of it that:

(a) cannot be remedied; or

(b) can be remedied, but is not remedied within 30 days after the other party receives written notice requiring it to be remedied.

14.4 When a Services Contract ends for any reason:

(a) the Customer must pay Marketsoft for the Services performed, and the costs incurred under clause 4.3, up to the date it ends;

(b) the Customer must stop using any software that Marketsoft has given it access to, and return or destroy (as Marketsoft chooses) any copies of it and any of Marketsoft’s Confidential Information, and confirm in writing that it has done so if Marketsoft asks;

(c) Marketsoft must deal with the Customer Data as clause 11.2(f) sets out; and

(d) clauses 5.3 to 5.5, 9, 10, 11, 12, 13 and 16, and any other clause that by its nature is intended to continue, continue to apply.

15. Conflicts of interest

Each party must tell the other promptly in writing if it becomes aware of any commercial, personal or other interest that would be likely to affect how it performs its obligations under a Services Contract, and take reasonable steps to avoid or manage that conflict.

16. General

16.1 Notices. Notices under a Services Contract must be in writing, and may be given by email to the address the other party has most recently given for that purpose.

16.2 Assignment. Neither party may assign or transfer its rights under a Services Contract without the other party’s written consent, which must not be unreasonably withheld.

16.3 Entire agreement. A Services Contract is the entire agreement between the parties about its subject matter, and replaces any earlier discussions or proposals about it.

16.4 Severance. If any part of these Terms is void, unenforceable or invalid, it is severed and the rest of these Terms continue to apply.

16.5 Waiver. A party’s failure or delay in exercising a right is not a waiver of that right.

16.6 Changes to these Terms. Marketsoft may update these Terms by publishing a new version on this page. An updated version applies only to Services Contracts formed after it is published, unless the parties agree otherwise.

16.7 Governing law. These Terms and each Services Contract are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

17. Definitions

In these Terms:

  • Customer Data has the meaning in clause 11.2;
  • Customer Materials has the meaning in clause 5.1;
  • Quotation has the meaning in clause 2.1(a);
  • Services means the services Marketsoft supplies to the Customer under a Services Contract, as described in the relevant Quotation; and
  • Services Contract has the meaning in clause 2.1.

Contact us

Marketsoft Services Pty Ltd, Suite 2, Ground Floor, 48 Chandos Street, St Leonards NSW 2065, Australia. Email contactus@marketsoft.com.au or call +61 2 9432 7400.