Last Updated: 13 February 2025
Welcome to On Your Markus (hereinafter referred to as “the Site,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website, including any content, functionality, and services offered on or through the Site. By accessing or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use or access the Site.
Please read these Terms carefully.
1. ACCEPTANCE OF TERMS
1.1 Binding Agreement
By accessing or using the Site, you agree to be bound by these Terms and our [Privacy Policy]. If you do not agree, you must not access or use the Site.
1.2 Eligibility
You must be at least 18 years of age or have attained the age of majority in your jurisdiction to use our Site. By using the Site, you represent and warrant that you meet these requirements.
2. CHANGES TO TERMS
2.1 Right to Amend
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. Any changes will be effective immediately upon posting on the Site.
2.2 Continued Use
Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. Please check this page periodically to stay informed about any updates.
3. CONTENT ON THE SITE
3.1 Content Ownership
All content, including but not limited to text, articles, images, graphics, logos, videos, and any other materials (“Content”), is owned or licensed by us. This includes content produced by our contributors and any user-submitted content.
3.2 Licence and Restrictions
We grant you a limited, non-exclusive, non-transferable licence to access and use the Site for personal, non-commercial purposes. You must not:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content without our prior written consent.
- Use any automated system (including bots, spiders, or offline readers) to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce using a conventional web browser.
3.3 Accuracy of Information
We strive to ensure that all Content on the Site is accurate and up to date. However, we make no warranties or representations about the correctness, reliability, or completeness of any Content. The Site may include technical, typographical, or photographic errors. We are not obligated to update or correct any information.
4. USER CONTRIBUTIONS
4.1 User-Submitted Content
If we allow you to post or submit comments, reviews, articles, or other materials (“User Contributions”), you retain ownership of your content. However, by submitting any User Contributions, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and sublicensable right to use, reproduce, modify, distribute, and display such content in any media format.
4.2 Prohibited Content
You agree that your User Contributions will not:
- Contain any defamatory, obscene, offensive, harassing, violent, hateful, or otherwise objectionable material.
- Infringe upon any third party’s intellectual property or privacy rights.
- Violate any applicable local, state, national, or international law.
4.3 Moderation
We reserve the right to remove or refuse any User Contributions at our sole discretion, without prior notice.
5. PROHIBITED USES
By using the Site, you agree not to:
- Use the Site for any unlawful purpose or in any way that could disable, damage, or impair the Site.
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site.
- Attempt to gain unauthorised access to any servers, systems, or networks connected to the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Collect or store personal data about other users except as explicitly permitted by these Terms.
6. THIRD-PARTY LINKS AND SERVICES
6.1 Links to Other Websites
The Site may contain links to third-party websites or services that we do not own or control. We have no control over the content, privacy policies, or practices of any third-party websites. We are not responsible for any damages or loss caused in connection with the use of such content, goods, or services available through these websites.
6.2 Google News & Third-Party Aggregators
Our Site may be featured on Google News or similar news aggregators. We do not endorse or control how third-party aggregators display or distribute our Content. Your interactions with these aggregators are governed by their respective terms of service and privacy policies.
7. INTELLECTUAL PROPERTY
7.1 Trademarks
The On Your Markus name, logo, and related names are trademarks owned by us. You must not use such marks without our prior written permission.
7.2 Copyright Complaints
We respect the intellectual property rights of others. If you believe any material on the Site infringes upon your copyrights, please contact us with a detailed notice of the alleged infringement.
8. DISCLAIMER OF WARRANTIES
8.1 No Warranties
To the fullest extent permissible under applicable law, the Site and its Content are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that:
- The Site will be uninterrupted, error-free, or secure.
- The information on the Site is accurate, complete, or current.
- The Site is free of viruses or harmful components.
8.2 Reliance on Information
Any reliance you place on the information presented on the Site is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials.
9. LIMITATION OF LIABILITY
9.1 Exclusion of Damages
To the fullest extent permitted by law, in no event will we, our affiliates, or our licensors be liable for any indirect, consequential, incidental, special, or punitive damages, including loss of profits, data, or goodwill, arising out of or related to your use of the Site.
9.2 Maximum Liability
In no event shall our total liability exceed the greater of the amount you paid (if any) for accessing the Site or one hundred Australian dollars (AUD 100).
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless On Your Markus and its employees, contractors, agents, affiliates, and licensors from and against any claims, damages, liabilities, judgements, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or related to your violation of these Terms or your use of the Site.
11. GOVERNING LAW & DISPUTE RESOLUTION
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
11.2 Dispute Resolution
Any legal action or proceeding arising out of or relating to these Terms shall be instituted exclusively in the courts of competent jurisdiction in Australia. By using the Site, you waive any and all objections to the exercise of jurisdiction over you by such courts.
12. TERMINATION
We reserve the right to suspend or terminate your access to the Site at any time, without notice and for any reason, including any breach of these Terms. Upon termination, all rights and licences granted to you in these Terms will immediately cease.
13. MISCELLANEOUS
13.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and On Your Markus regarding your use of the Site and supersede any prior agreements, understandings, or arrangements.
13.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
13.3 Waiver
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
13.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
14. CONTACT US
If you have any questions, concerns, or comments regarding these Terms or the Site, please contact us at:
On Your Markus
Email: info@onyourmarkus.au