Terms and Conditions

Last updated 24/12/2025

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Overview

This website is operated by MellyS Digital. Throughout the site, the terms “we”, “us” and “our” refer to MellyS Digital. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
 

By visiting our site and/or engaging our services (including but not limited to Google Ads management, GTM setup, and Data Dashboarding), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”). These Terms apply to all users of the site across all Australian States and Territories.

Section 1 - Service Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence. You may not use our products or services for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to Australian copyright and privacy laws).

Section 2 - Modifications to Services and Prices

Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue a Service without notice. We shall not be liable to you or to any third-party for any modification, price change, or discontinuance of the Service.

Section 3 - Professional Services & Expectations

Certain services, such as our "Curb Appeal" (Google Business Profile) audits or "Traffic" (Google Ads) setups, are available exclusively through our digital onboarding process. While we make every effort to align our services with your specific KPIs as outlined in "The Alignment Hub," we do not warrant that the results obtained from the use of the service will be "guaranteed" in terms of specific profit figures, as external market forces are beyond our control.

Section 4 - Third-Party Tools (The "Privacy Bridge")

We may provide you with access to third-party tools (such as Lead Management software or Dashboarding tools). You acknowledge that we provide access to such tools ”as is” and “as available” without any warranties of any kind from the third-party provider.
 

Section 5 - Australian Consumer Law (Non-Excludable Guarantees)

Nothing in these Terms and Conditions intended to exclude, restrict or modify any non-excludable right or remedy you have under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Competition and Consumer Act 2010. For major failures with the service, you are entitled:

• To cancel your service contract with us; and

• To a refund for the unused portion, or to compensation for its reduced value.

Section 6 - Limitation of Liability

Except as provided by the non-excludable rights under Australian Consumer Law, MellyS Digital shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind, including, without limitation lost profits, lost revenue, or loss of data, arising from your use of any of the service.

Section 7 - Indemnification

You agree to indemnify and hold harmless MellyS Digital and our partners, officers, directors, and contractors from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any Australian law.

Section 8 - Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable (including under the Australian Securities and Investments Commission Act 2001), such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

Section 9 - Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia, and the federal laws of the Commonwealth of Australia. Any disputes arising under these terms shall be subject to the non-exclusive jurisdiction of the courts of Queensland.

Section 10 - Contact Information

Questions about the Terms and Conditions should be sent to us via email at melly@mellys.com.au