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ClearMarc

ClearMarc Website Terms & Conditions

CLEARMARC PTY. LTD. ACN 694 351 543
Effective date: 14 January 2026

1) About these Terms

These Terms & Conditions (“Terms”) govern your access to and use of the ClearMarc website (“Website”) and any services supplied by CLEARMARC PTY. LTD. (ACN 694 351 543) (“ClearMarc”, “we”, “us”, “our”).

By accessing the Website, submitting an enquiry, creating an account (if applicable), uploading information, or purchasing any services, you confirm you have read, understood and agree to be bound by these Terms.

If you do not agree, you must not use our Website or services.

2) Definitions

In these Terms:

  • Client means the person or entity that purchases or requests services from ClearMarc.

  • Services means verification, due diligence, investigations support, risk screening, reporting, and related services provided by ClearMarc (as described on the Website, proposal, statement of work, or engagement email).

  • Deliverables means reports, risk scores, summaries, dashboards, memos, findings, and any other outputs we provide.

  • Client Materials means all information, documents, instructions, data, images, credentials, and content you provide to us.

  • Third-Party Sources means data and information obtained from third parties (including public registers, websites, databases, referees, or commercial data providers).

3) Our services 

3.1 Scope
ClearMarc provides Services designed to support Clients with vendor verification, counterparty risk, reputational screening, and related checks and investigations. The Services may include a mix of automated and manual processes.
The precise scope, inclusions, exclusions, timeframes, and fees will be set out in a proposal, statement of work, order form, or written confirmation (“Engagement Terms”). If there is any inconsistency, the Engagement Terms prevail to the extent of that inconsistency.


3.2 No legal, financial, or regulatory advice
ClearMarc is not a law firm and does not provide legal advice. Unless expressly agreed in writing, we do not provide financial advice, tax advice, or regulated advice. Our Deliverables are information products to support your internal decision-making.
You should obtain your own independent professional advice before acting on any Deliverables.


3.3 Not a government agency / no guaranteed outcomes
ClearMarc is an independent private company. We do not represent government bodies, regulators, courts, law enforcement agencies, or credit reporting bodies. We do not guarantee any particular outcome (including that a risk will be detected, prevented, or eliminated).

4) Client obligations and warranties

You agree that you will:

  1. Provide complete, accurate, and current Client Materials.

  2. Ensure you have the right to provide Client Materials to ClearMarc (including any personal information).

  3. Use our Services and Deliverables only for lawful purposes and in accordance with these Terms.

  4. Not request or use our Services to harass, intimidate, stalk, discriminate, or otherwise harm any person.

  5. Not request or use our Services in connection with any unlawful surveillance, unlawful recording, hacking, deception, or impersonation.

  6. Comply with all applicable laws, including privacy, confidentiality, workplace, anti-discrimination, and surveillance laws.

You warrant that all instructions you provide are lawful and that your use of the Deliverables will be lawful.

5) Information sources, accuracy, and limitations

5.1 Third-party and public sources
Our Deliverables may rely on Third-Party Sources and public information. Such information can be incomplete, outdated, incorrect, misattributed, or removed without notice. ClearMarc does not control Third-Party Sources.


5.2 Verification limitations
Even when we perform checks, verification is not absolute. Many risks cannot be identified from available data (for example, undisclosed interests, unreported disputes, private agreements, sealed court records, identity fraud, or misinformation).

 

5.3 Client to validate critical decisions
You are responsible for:

  • how you interpret and use Deliverables;

  • verifying critical facts independently where appropriate; and

  • making your own decisions based on your organisation’s policies, legal obligations, and risk tolerance.

6) Sensitive activities and restricted checks

Unless expressly agreed in writing, ClearMarc:

  • does not obtain “police checks” on your behalf (these are governed by specific processes and eligibility);

  • does not access bank accounts, private communications, private devices, or private systems;

  • does not perform any activity that requires specific licensing, authorisation, or warrants unless we confirm in writing that the relevant requirement is met (including through qualified subcontractors).

7) Turnaround times

Any stated turnaround times are estimates only and depend on the completeness of Client Materials, responsiveness of third parties, and availability of data sources. We are not liable for delays outside our reasonable control.

8) Fees, payment, and taxes

8.1 Fees

Fees are as stated in the Engagement Terms. Unless otherwise stated, fees are exclusive of GST.

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8.2 Payment terms

Invoices are payable within the timeframe stated on the invoice (or, if not stated, within 7 days). We may require upfront payment (in whole or part) before commencing work.

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8.3 Late payments

If payment is overdue, we may suspend Services and withhold Deliverables until payment is received. We may recover reasonable costs of collection.

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8.4 Refunds

Because our Services are professional services and Deliverables are bespoke, refunds are not provided for change of mind. If there is a material defect in the Services, your remedies are set out in clause 15 and under applicable law.

9) Confidentiality

9.1 Our commitment

We treat Client Materials and non-public project details as confidential and use them only to deliver the Services, unless:

  • you consent;

  • disclosure is required by law; or

  • disclosure is necessary to enforce these Terms or to protect rights, safety, or property.

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9.2 Your obligations

You agree to keep our Deliverables, methodologies, pricing, and non-public processes confidential, and not disclose them to third parties except as required for your internal business purposes (or as required by law).

10) Privacy and handling personal information

ClearMarc handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) where applicable.

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Our Privacy Policy forms part of these Terms and explains how we collect, use, store and disclose personal information, including any overseas disclosure (if applicable).

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You must ensure you have authority and appropriate notices/consents to provide any personal information to us for the purposes of the Services.

11) Communications and marketing

If we send you commercial electronic messages, we will do so in accordance with the Spam Act 2003 (Cth), including providing an unsubscribe mechanism where required.

12) Intellectual property

12.1 Our IP
Unless otherwise agreed in writing, all intellectual property rights in the Website, templates, workflows, methodologies, scoring logic, report formats, and underlying systems remain the property of ClearMarc (or our licensors).

12.2 Your licence to use Deliverables
Upon full payment, we grant the Client a non-exclusive, non-transferable licence to use the Deliverables for the Client’s internal business purposes. You must not resell, publish, distribute, or commercialise Deliverables externally without our prior written consent, except where required by law or regulator request.

12.3 Client Materials
You retain ownership of Client Materials, and you grant ClearMarc a licence to use Client Materials to provide the Services.

13) Acceptable use of the Website

You must not:

  • attempt to gain unauthorised access to the Website, accounts, or systems;

  • introduce malicious code, scrape, or disrupt the Website;

  • use the Website to transmit unlawful, defamatory, or infringing content;

  • misrepresent your identity or authority.

We may suspend or block access if we reasonably believe there is misuse.

14) Suspension, refusal, or termination of services

We may refuse, suspend, or terminate Services immediately (and/or terminate these Terms) if:

  • you breach these Terms or Engagement Terms;

  • we reasonably believe your request is unlawful or unethical;

  • continuing would expose ClearMarc to legal, regulatory, safety, or reputational risk; or

  • you fail to pay fees when due.

If termination occurs after work has commenced, you must pay for work performed up to the termination date (including any non-cancellable third-party costs).

15) Consumer Law and non-excludable guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)), or any other non-excludable rights under Australian law.

Where legally permitted, ClearMarc’s liability for breach of any non-excludable guarantee is limited (at our option) to:

  • supplying the services again; or

  • paying the cost of having the services supplied again.

16) Disclaimers

To the maximum extent permitted by law:

  1. The Website and Deliverables are provided “as is” and “as available”.

  2. We do not warrant that the Website will be uninterrupted or error-free.

  3. We do not warrant that Deliverables will identify all risks, issues, misconduct, or adverse information.

  4. We do not warrant the accuracy or completeness of Third-Party Sources.

17) Limitation of liability

To the maximum extent permitted by law, and subject to clause 15:

  • ClearMarc is not liable for any indirect, special, incidental, consequential, or economic loss, including loss of profit, loss of revenue, loss of opportunity, business interruption, reputational harm, or loss arising from decisions you make based on Deliverables.

  • ClearMarc’s total aggregate liability for any claim relating to the Services (whether in contract, tort including negligence, statute, or otherwise) is limited to the fees you paid to ClearMarc for the specific Services giving rise to the claim.

18) Indemnity

You indemnify ClearMarc (and our directors, officers, employees and contractors) against any loss, liability, cost, or expense (including legal costs on a solicitor-client basis) arising out of or in connection with:

  • your breach of these Terms;

  • your unlawful use of the Website or Deliverables;

  • any claim that Client Materials infringes rights or was provided without authority; or

  • any instructions you give that cause us to breach a law or third-party right.

19) Third-party providers and links

The Website may contain links to third-party websites or tools. These are provided for convenience only. ClearMarc is not responsible for third-party content, availability, policies, or practices.

Where we use third-party providers to deliver Services (for example, data vendors), we are not responsible for their outages or errors, but we will act reasonably to mitigate the impact.

20) Security and data retention

We take reasonable steps to protect information from misuse, interference, loss, unauthorised access, modification, or disclosure. However, no method of transmission or storage is completely secure.

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Unless otherwise agreed, we may retain Client Materials and project records for compliance, audit, quality assurance, dispute management, and legal purposes, and then securely delete or de-identify where appropriate.

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For more information please review our Privacy Policy: https://www.clearmarc.com.au/privacy-policy 

21) Complaints, Dispute Resolution and Fair Trading

21.1 Internal complaints process
If you have a complaint or concern about our Website or Services, you agree to first contact ClearMarc in writing with full details of the issue. We will acknowledge receipt within a reasonable timeframe and use reasonable efforts to investigate and resolve the complaint promptly and in good faith.

21.2 Escalation and external assistance
If a complaint cannot be resolved through our internal process, you may seek independent advice or assistance from relevant consumer protection and fair trading bodies, including:

  • NSW Fair Trading (if the Client is located in New South Wales)

  • Consumer Affairs Victoria (Victoria)

  • Office of Fair Trading Queensland (Queensland)

  • Consumer and Business Services (South Australia)

  • Department of Mines, Industry Regulation and Safety – Consumer Protection (Western Australia)

  • Access Canberra – Consumer Affairs (Australian Capital Territory)

  • Consumer, Building and Occupational Services (Tasmania)

  • Northern Territory Consumer Affairs (Northern Territory)

These bodies may provide information, conciliation, or dispute resolution assistance, but they do not generally provide legal advice.

21.3 Mediation
Before commencing court proceedings, either party may propose that the dispute be referred to mediation conducted by an independent mediator agreed between the parties, or (failing agreement) appointed by the Resolution Institute or another recognised Australian dispute resolution body. Each party will bear its own costs, and the mediator’s costs will be shared equally, unless otherwise agreed.

21.4 Preservation of statutory rights
Nothing in this clause limits or excludes any rights or remedies available under the Australian Consumer Law or any other applicable Australian consumer protection legislation.

22) Governing law and jurisdiction

These Terms are governed by the laws of Australia. You submit to the non-exclusive jurisdiction of the courts in the State or Territory in which ClearMarc’s registered office is located (or, if not specified, New South Wales).

23) Changes to these Terms

We may update these Terms from time to time by publishing the updated version on the Website. The updated Terms apply from the effective date shown. Your continued use of the Website or Services constitutes acceptance of the updated Terms.

24) Contact

ClearMarc is committed to transparency, professionalism, and open communication. We welcome enquiries, feedback, and questions about our Website, Services, or these Terms.

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If you would like to contact us for any reason — including to request information about our Services, raise a concern, make a complaint, or discuss a potential engagement — please reach out using the details below. We aim to respond promptly and respectfully.

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CLEARMARC PTY. LTD.
Australian Company Number (ACN): 694 351 543

Email: support@clearmarc.com.au

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Business Hours:
Monday to Friday, 9:00am – 5:00pm (AEST), excluding Australian public holidays

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If your enquiry relates to an existing project or report, please include any relevant reference number or details to help us assist you more efficiently.

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We value your trust and take all enquiries seriously. Where a matter relates to privacy, confidentiality, or a complaint, it will be handled discreetly and in accordance with applicable Australian laws and our internal governance processes.

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