Terms of Use

1. Acceptance of Terms

By accessing and using the NOMARK website and services, you agree to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site and our services.

These terms are governed by Australian law, including the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth).

2. About NOMARK

NOMARK is an Australian business providing consulting services, strategic advisory, and business solutions. Our services include but are not limited to business transformation, operational improvement, and strategic planning.

3. Services Description

4. User Responsibilities

When using our website and services, you agree to:

• Provide accurate and complete information
• Use our services for lawful purposes only
• Respect intellectual property rights
• Not interfere with website functionality or security
• Comply with all applicable laws and regulations
• Maintain confidentiality of any login credentials

5. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of NOMARK or its licensors and is protected by Australian and international copyright laws.

You may view and download content for personal, non-commercial use only. Any other use requires our prior written consent.

6. Service Agreements

Specific consulting engagements are governed by separate service agreements that detail:

• Scope of work and deliverables
• Timeline and milestones
• Fees and payment terms
• Confidentiality obligations
• Intellectual property arrangements
• Termination conditions

7. Australian Consumer Law

Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the service, you are entitled to:

• Cancel your service contract and obtain a refund
• Choose a refund or replacement service

You are also entitled to compensation for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the service remedied within a reasonable time.

8. Limitation of Liability

To the extent permitted by law, NOMARK's liability is limited to:

• Re-supplying the services or paying for re-supply of services
• The cost of having services supplied again

Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under Australian Consumer Law that cannot be lawfully excluded.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and Australian Privacy Principles.

10. Website Availability

While we strive to maintain website availability, we cannot guarantee uninterrupted access. We reserve the right to suspend or modify the website for maintenance, updates, or other reasons.

11. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, privacy policies, or practices of these external sites. Use of third-party sites is at your own risk.

12. Termination

We may terminate or suspend your access to our website and services at any time, without prior notice, for conduct that we believe violates these Terms of Use or is harmful to other users, us, or third parties.

13. Dispute Resolution

We are committed to resolving disputes fairly and efficiently. If you have a complaint:

• Contact us directly to discuss the issue
• We will acknowledge your complaint within 2 business days
• We aim to resolve complaints within 30 days

If we cannot resolve your complaint, you may contact relevant Australian consumer protection agencies or seek independent legal advice.

14. Governing Law

These Terms of Use are governed by the laws of Australia. Any disputes arising from these terms or your use of our services will be subject to the exclusive jurisdiction of Australian courts.

15. Changes to Terms

We reserve the right to modify these Terms of Use at any time. Changes will be posted on our website with an updated effective date. Your continued use of our services after changes constitutes acceptance of the new terms.

16. Contact Information

If you have questions about these Terms of Use, please contact us:

17. Severability

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining terms remain in full force and effect.