Terms of Use
Effective Date: 19 February 2026
Last Updated: 19 February 2026
These Terms of Use govern access to and use of the website operated by Genix Digital (“Genix”, “we”, “our”, or “us”) at www.genixdigital.com (the “Website”) and any related services.
By using this Website, submitting an enquiry, booking a free consultation, or engaging our services, you agree to these Terms.
1. Australian Consumer Law (ACL)
Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law (ACL) or other applicable laws that cannot be excluded.
Where you acquire services as a “consumer” under the ACL, statutory consumer guarantees may apply.
2. Website use
You agree not to:
Use the Website for any unlawful purpose.
Attempt unauthorised access to systems or data.
Introduce malicious code or interfere with the Website’s operation.
Copy, scrape, reproduce, or misuse Website content except as permitted by law.
We may restrict or terminate access to the Website if we reasonably believe you have breached these Terms.
3. Intellectual property
Unless otherwise stated, Website content (including text, branding, graphics, videos, and materials) is owned by or licensed to Genix Digital.
You must not reproduce, modify, distribute, or exploit any Website content without our prior written consent, except to the extent permitted by law.
Ownership and licensing of client deliverables are governed by the applicable proposal, statement of work, or services agreement.
4. Free consultation bookings and marketing communications
When you book a free consultation or submit an enquiry, we collect the information you provide to:
Schedule and deliver the consultation and respond to your request.
Communicate with you about the services you asked about.
Direct marketing (privacy): If we use personal information for direct marketing, we will comply with APP 7, including providing a simple way for you to opt out and including an opt-out statement in direct marketing communications where required.
Email/SMS marketing (spam rules): If we send commercial electronic messages (e.g., marketing emails or SMS), those messages will include a clear identification of us and a functional unsubscribe facility, and unsubscribe requests will be processed within the timeframes required under Australian spam rules (including that unsubscribe facilities must be clear, functional, and honoured promptly).
You can opt out at any time using the unsubscribe function in a message or by contacting us (see clause 14).
5. Service agreements (paid services)
All paid services are governed by a separate written proposal, statement of work, or services agreement, which will set out (as applicable): scope, deliverables, fees, timelines, client responsibilities, variations, and termination.
If there is any inconsistency between these Terms and a signed services agreement, the signed services agreement prevails to the extent of the inconsistency.
6. Fees, GST, and payment
Unless otherwise agreed in writing:
Fees are payable in accordance with the proposal, invoice, or services agreement.
Fees are exclusive of GST unless expressly stated otherwise.
We may suspend services for overdue invoices and may recover reasonable costs of collection where permitted by law.
7. Performance and no-guarantee (ACL-friendly)
We provide services using reasonable care and skill and in line with any agreed scope, subject to any non-excludable consumer guarantees that may apply under the ACL.
You acknowledge that marketing outcomes depend on factors outside our control (including competition, budget, platform and algorithm changes, and your approvals and cooperation), so we do not guarantee specific results such as revenue, lead volumes, conversion rates, or search engine rankings.
8. Third-party platforms
Our services may involve third-party platforms/providers (e.g., Google Ads, Meta, LinkedIn, CRM/email tools, hosting providers).
You acknowledge that third-party services may change, be unavailable, or enforce their own policies.
To the extent permitted by law, we are not responsible for third-party outages or changes, or for account restrictions/suspensions caused by client content, conduct, or policy breaches attributable to the client.
9. Limitation of liability (ACL-safe)
To the maximum extent permitted by law, we exclude liability for indirect or consequential loss (such as loss of profit, revenue, opportunity, or data).
To the extent we are liable to you for services, our liability is limited (at our option, to the extent permitted by law) to:
re-supplying the relevant services; or
paying the cost of having the services re-supplied.
This clause does not apply to liability that cannot be limited or excluded under the ACL.
10. Indemnity
You agree to indemnify Genix Digital for losses, damages, liabilities, and reasonable costs arising from your breach of these Terms or unlawful misuse of the Website, except to the extent caused by our negligence, fraud, or breach of law.
11. Privacy
Our collection, use, and disclosure of personal information is governed by our Privacy Policy and applicable Australian privacy laws (including the Privacy Act 1988 (Cth) and the Australian Privacy Principles).
Direct marketing opt-out requests will be actioned within a reasonable period and at no charge, consistent with APP 7.
12. Governing law
These Terms are governed by the laws of Australia.
You submit to the non-exclusive jurisdiction of the courts of the Commonwealth of Australia and the courts of each State and Territory of Australia.
13. Changes to these Terms
We may update these Terms from time to time by publishing the updated version on the Website.
Your continued use of the Website after changes are published constitutes acceptance of the updated Terms.
14. Contact
Genix Digital
Website: www.genixdigital.com
Email: info@genixdigital.com (subject: “Legal Enquiry” for legal matters)