Terms and Conditions

Last updated: [1/31/2026]

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of this website and any data, datasets, products, or services provided through it (“Services”).

By accessing this website or purchasing any data from us, you agree to be bound by these Terms.

2. About the Services

We provide business-related data and information services, including compiled datasets derived from publicly accessible sources.

The Services are provided for information, research, analysis, and reference purposes only.

We do not sell marketing consent, opted-in contact lists, or permission to contact individuals or businesses.

3. Nature of the Data

The data supplied may include:

  • business names or trading names
  • business addresses
  • websites
  • publicly listed business contact details
  • industry or category information

The data:

  • is compiled from third-party public sources;
  • may include information relating to sole traders or individuals;
  • is provided “as is”.

4. No Consent & No Marketing Representation

You acknowledge and agree that:

  • No express or inferred consent is provided with the data
  • The data is not represented as “spam compliant”, “opted-in”, or “marketing-ready”
  • Use of the data for email, SMS, phone, or other direct marketing requires separate lawful consent, which is the Buyer’s responsibility

5. Buyer Obligations

You agree that you will:

  • comply with all applicable laws, including the Spam Act 2003, Privacy Act 1988, and Do Not Call Register Act 2006
  • independently assess the legality of your intended use
  • ensure compliance with all platform, CRM, and email service provider rules

6. Prohibited Uses

You must not:

  • use the data to send unsolicited commercial electronic messages
  • use the data for spam, cold email, cold SMS, robocalls, or unlawful telemarketing
  • represent the data as consented or approved for marketing
  • sell, sublicense, redistribute, or share the data
  • use the data in a way that breaches third-party platform terms
  • attempt to re-identify individuals where data has been aggregated or anonymised

Any prohibited use is a material breach of these Terms.

7. Data Sources & Third-Party Platforms

The data is compiled from publicly accessible sources.

We are not affiliated with, endorsed by, or associated with any third-party platforms (including Google).

We make no representation that reuse of the data complies with the terms of any third-party platform. Compliance with those terms is your responsibility.

8. Accuracy & Availability

We do not guarantee that the data:

  • is accurate, complete, or current
  • will meet your requirements
  • will remain available or unchanged

Business information may change, become outdated, or be removed at any time.

9. Intellectual Property

All intellectual property rights in:

  • our website
  • data compilations
  • data structuring and formatting

remain our property or the property of our licensors.

You are granted a limited, non-transferable licence to use the data in accordance with these Terms.

10. Removal & Takedown Requests

We may remove or modify data:

  • at our discretion
  • in response to legal requests
  • following privacy or takedown requests

We do not guarantee that specific records will remain available.

11. Fees & Payments

All fees are:

  • stated in Australian dollars unless otherwise specified
  • non-refundable unless required by law

We may suspend or terminate access for non-payment.

12. Suspension & Termination

We may suspend or terminate your access immediately if:

  • you breach these Terms
  • we reasonably believe you are using the data unlawfully
  • continued access creates legal or regulatory risk

Termination does not limit our other rights or remedies.

13. Limitation of Liability

To the maximum extent permitted by law:

  • we are not liable for indirect, consequential, or economic loss
  • we are not responsible for fines, penalties, or enforcement actions arising from your use of the data

Our total liability is limited to the amount paid by you for the relevant Services.

14. Indemnity

You agree to indemnify and hold us harmless from any claims, losses, penalties, or costs arising from:

  • your use of the data
  • breaches of these Terms
  • unlawful marketing or communications conducted by you

15. Changes to These Terms

We may update these Terms at any time. Continued use of the Services constitutes acceptance of the updated Terms.

16. Governing Law

These Terms are governed by the laws of Australia. You submit to the exclusive jurisdiction of the Australian courts.

17. Contact

For questions about these Terms, please contact:

Email: [admin@marketinglist.au]
Website: www.marketinglist.au