LandMark^{(by TRC)} Terms and Conditions

1. About these terms

1. 1.1LandMark^{(by TRC)} is a managed service provided by SyncMate Pty Ltd (ABN 22 700 262 620), referred to as “we”, “us” or “our”. The person or business we provide the service to is “you” or “the client”.
2. 1.2These terms apply from the date you accept our proposal, sign, or pay, whichever happens first. They form the agreement between us together with the proposal you accepted.
3. 1.3If the proposal and these terms conflict, the proposal applies to the services, prices, trial and cancellation, and these terms apply to everything else.

2. The service

1. 2.1LandMark^{(by TRC)} helps your business be found and chosen on Google, maps and AI assistants. What is included is set out in your proposal.
2. 2.2Social media: we help keep your social profile details consistent with your other listings. We do not post on your social media accounts on your behalf unless we agree that in writing.
3. 2.3Anything not in your proposal is outside the service. This includes paid advertising and third-party fees such as domain registration. We can quote separately for extra work.
4. 2.4We aim to complete setup and launch within the timeframe we give you. This depends on you giving us the access and information we need promptly.

3. Fees, trial and cancellation

1. 3.1Fees, payment dates, the trial period, cancellation notice and refund terms are set out in your proposal. Prices include GST unless the proposal says otherwise, and we issue a tax invoice for each payment.
2. 3.2If a payment fails, we will let you know and may pause automated features until it is resolved.
3. 3.3We may change the price of the ongoing monthly service by giving you at least 30 days' written notice. If you do not agree, you can cancel as set out in your proposal before the change takes effect.
4. 3.4Nothing in these terms or your proposal limits your rights under the Australian Consumer Law (see clause 12).
5. 3.5When the service ends, we will revert your website, listings, profiles and links to how they were before the service started, as set out in clause 9.

4. Working together

1. 4.1To do our best work, we need accurate information, access and timely approvals from you. We will tell you what we need during onboarding, and you will tell us promptly when your business details change.
2. 4.2You are responsible for making sure your business, services and claims are lawful and licensed where required, and that statements we publish on your behalf based on your information are true.
3. 4.3You confirm you have the right to use any photos, videos and other material you give us, and that using them as part of the service will not infringe anyone else's rights.
4. 4.4Delays caused by a lack of access, information or approvals may delay launch, and we are not responsible for those delays.

5. Our approach

1. 5.1We work to best practice for local search and AI visibility, and we follow guidelines from trusted sources, including the published guidelines of the platforms we work on, such as Google.
2. 5.2We present your brand to the highest standard we can, with accurate, consistent and professional information across your website, profiles and listings.
3. 5.3We use due care and skill, and we only publish information that is accurate and based on what you give us.
4. 5.4We do not use spam, fake reviews, misleading content or any other tactic that breaches a platform's rules or the law.
5. 5.5Our aim is to give your business the best possible visibility. Please read clause 6 about what we cannot promise.
6. 5.6We report on progress honestly, including through a regular performance report.

6. No guarantee of results

1. 6.1We cannot guarantee that the service will bring you more local customers, enquiries or sales.
2. 6.2We cannot guarantee any particular search ranking, map position, mention by an AI assistant, number of reviews, star rating or amount of website traffic.
3. 6.3Results depend on things outside our control, including your competitors, your market and the time of year, the reviews your customers choose to leave, how quickly you respond to enquiries, and changes made by search and AI providers.
4. 6.4Visibility can take time to improve, and it can also go down as well as up.

7. Automated and AI-assisted features

1. 7.1Parts of LandMark^{(by TRC)}, such as review replies and Google Business Profile posts, are created with the help of automated tools and artificial intelligence, using the information you give us and your public business information.
2. 7.2These tools can make mistakes. Where your approval settings require it, we send content to you for approval before it is published. Where you have chosen not to approve content in advance, you accept that it may be published automatically.
3. 7.3You can change your approval settings by telling us. Please tell us as soon as you see anything inaccurate or inappropriate, and we will correct or remove it.
4. 7.4We will not use these tools to invent prices. Where we do not have a price from you, we will leave it out.

8. Third-party platforms

1. 8.1The service relies on platforms we do not control, including Google, directory websites, social networks, hosting and payment providers. Their rules, features and availability can change without notice.
2. 8.2We are not responsible for a third party suspending a profile, removing a listing or review, changing its rules, or having an outage. We will take reasonable steps to help you resolve issues where we can.
3. 8.3You must keep your Google Business Profile in line with Google's policies. We will do the same when we work on it for you.

9. Ownership of your content and accounts

1. 9.1You own your business name, branding, content, photos, domain, Google Business Profile, social accounts and customer reviews. We do not take ownership of any of these.
2. 9.2You give us permission to use your content and information to provide the service, including publishing it on your website and profiles.
3. 9.3We own our software, templates, tools, processes and know-how. You get the right to use the website we build for you while the service is active.
4. 9.4When the service ends, you keep your accounts and content. We do not provide a copy of website files or other data from the service. Instead, we revert everything to the way it was before the service started, including your original website, your listings and profiles, and any links we updated.
5. 9.5We will not publish your name or results as a case study or testimonial without your permission.

10. Privacy and your information

1. 10.1We handle personal information in line with the Privacy Act 1988 (Cth), the Australian Privacy Principles and best practice. Our Privacy Policy is at syncmate.com.au/privacy.
2. 10.2We use your information only to provide the service, run our business and meet our legal obligations.
3. 10.3We do not sell your information, and we do not share it with third parties for their own marketing or other purposes. We share it only with service providers who help us deliver the service, such as hosting, payment, artificial intelligence and messaging providers. They receive only what they need and must protect it. We may also disclose information where the law requires it.
4. 10.4We store your data in Australia. Some of our service providers may process data outside Australia, and we take reasonable steps to make sure they protect it.
5. 10.5We keep your business data separate from other clients' data and limit access to the people who need it to provide the service.
6. 10.6If we become aware of a data breach that is likely to cause you serious harm, we will notify you and the relevant authority as the law requires.
7. 10.7You can ask to access personal information we hold about you, or to correct or delete it, as the Privacy Act allows. We may need to keep some records where the law requires.

11. Messages and reviews

1. 11.1Where the service sends messages to your customers, for example asking for a review, you confirm that you have the right to contact those people. Messages will identify your business and include a way to opt out, in line with the Spam Act 2003 (Cth).
2. 11.2We only seek genuine reviews from real customers. We do not write, buy or post fake reviews, and you must not ask us to. We do not offer rewards in return for positive reviews.
3. 11.3Review replies are published under your business name. Please read clause 7 about approvals.

12. Liability

1. 12.1Australian Consumer Law. Our services come with guarantees under the Australian Consumer Law that cannot be excluded. Nothing in these terms limits those guarantees or any other right you have that cannot be excluded by law.
2. 12.2To the extent the law allows, we are not liable for indirect or consequential loss, or for loss of profit, revenue, data or opportunity.
3. 12.3To the extent the law allows, our total liability to you in connection with the service is limited to the fees you paid us in the 3 months before the event that gave rise to the claim.
4. 12.4Where the law allows us to limit our liability for a breach of a non-excludable guarantee, we limit it, at our choice, to supplying the service again or paying the cost of having it supplied again.
5. 12.5Neither of us is liable for failure to perform caused by events outside our reasonable control, including outages of third-party platforms.

13. Suspension and ending the service

1. 13.1We may suspend or end the service if you do not pay, you seriously or repeatedly breach these terms, you ask us to publish something unlawful, misleading or in breach of a platform's rules, or we cannot reasonably continue because of a legal or platform requirement.
2. 13.2Where it is reasonable, we will tell you the reason and give you a chance to fix the problem first.
3. 13.3If we end the service for reasons other than your breach, we will refund fees for any period you have paid for but not received.
4. 13.4Clauses that by their nature continue after the service ends, including ownership, privacy and liability, continue to apply.

14. Changes to these terms

1. 14.1We may update these terms from time to time. The current version is always shown on this page with its date.
2. 14.2If you do not agree to the updated terms, you can cancel as set out in your proposal. If you continue using the service after an update, you accept the updated terms.

15. Disputes, law and contact

1. 15.1If you have a concern, please contact us first and give us a reasonable chance to fix it. We will respond within 5 business days.
2. 15.2These terms are governed by the laws of New South Wales, Australia. Each of us submits to the courts of that state.
3. 15.3Notices to you will be sent to the email address you gave us. Notices to us should be sent to hello@syncmate.com.au.
4. 15.4If any part of these terms cannot be enforced, the rest still applies.

Contact: SyncMate Pty Ltd · hello@syncmate.com.au · 02 9099 1055