Terms of Service

1. Acceptance of Terms

By accessing or using the website of Openbook Marketing Pty Ltd (ABN 95 699 963 874, ACN 699 963 874), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any part of these terms, you must not access or use our services.

We reserve the right to update these terms at any time. Changes will take effect immediately upon publication on this page. Your continued use of the website following any changes constitutes acceptance of the updated terms.

2. Services Description

Openbook Marketing Pty Ltd provides marketing services including brand strategy, digital marketing, content marketing, social media management, market research, and campaign management. Services are provided to clients based on agreed scopes of work, timelines, and fees.

All services are delivered in accordance with the Australian Consumer Law (ACL). We aim to deliver professional, high-quality services but do not guarantee specific business outcomes, as results depend on multiple factors beyond our control.

3. Limitation of Liability

To the fullest extent permitted by law, Openbook Marketing Pty Ltd and its officers, employees, and agents exclude all liability for any loss, damage, cost, or expense (including indirect, consequential, or special loss) arising from the use of or reliance on our services or website.

Our liability for any matter arising out of or relating to these terms is limited to the value of the services directly provided in connection with the claim, capped at the total fees paid by you to us in the twelve months preceding the event giving rise to liability.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

4. Intellectual Property

All intellectual property rights in the website content, design, branding, and materials provided as part of our services are owned by or licensed to Openbook Marketing Pty Ltd.

We retain the right to use portfolios, case studies, and anonymised project examples to promote our services. Client content and materials provided by the client remain the property of the client. We do not claim ownership of client-provided intellectual property.

You may not reproduce, modify, distribute, or create derivative works from our website content or service materials without our prior written consent.

5. Termination

Either party may terminate the services agreement by giving written notice. Upon termination:

• You will be invoiced for all services delivered up to the date of termination.
• Any outstanding fees become immediately payable.
• We will return client-provided materials within a reasonable timeframe.
• The provisions regarding intellectual property, confidentiality, and limitation of liability will survive termination.

We may terminate our services immediately if we reasonably believe that continued services would expose us to legal risk or would contravene applicable law or professional standards.

6. Dispute Resolution

Any disputes arising out of or in connection with these terms or our services will be resolved in accordance with the Australian Consumer Law (ACL), including the Australian Competition and Consumer Commission (ACCC) guidelines for consumer disputes.

We encourage parties to seek resolution through good-faith negotiation before pursuing formal proceedings.

For disputes not covered by the ACL, the courts of Western Australia shall have exclusive jurisdiction, and you irrevocably submit to the jurisdiction of those courts.

7. Governing Law

These terms of service and any disputes arising from them are governed by and construed in accordance with the laws of Western Australia, Australia. We submit to the exclusive jurisdiction of the courts of Western Australia.

8. General

If any provision of these terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.

Our failure to enforce any right or provision of these terms does not constitute a waiver of that right or provision.

These terms constitute the entire agreement between you and Openbook Marketing Pty Ltd with respect to your use of our website and services, and supersede all prior agreements or understandings.

Contact Us

For any questions about these terms or to raise a dispute, please contact us at: