Terms of Use

Effective Date: 13 February 2026

These Terms of Use govern your access to and use of Di Marco Consulting and the Di Marco HR/IR AI assistant operated by Di Marco Consulting Pty Ltd (ABN 56 693 264 087) ("Di Marco Consulting", "we", "us", or "our").

By accessing or using this website and the Di Marco AI service, you agree to be bound by these Terms. If you do not agree, please do not use this service.

1. Intellectual Property and Copyright

1.1 Ownership

All content on this website and within the Di Marco AI service, including but not limited to:

• Text, copy, training materials, templates, and frameworks
• The "Di Marco" brand name and AI assistant persona
• System prompts, AI models, and proprietary methodologies (including the "4-D Framework")
• Logo, crest, visual design elements, and website layout
• Software code, algorithms, and technical implementations

is the exclusive property of Di Marco Consulting Pty Ltd and is protected by Australian and international copyright laws, trade mark laws, and other intellectual property rights.

1.2 Copyright Notice

© 2025 Di Marco Consulting Pty Ltd. All rights reserved.

1.3 Licence to Use

Subject to payment of applicable subscription fees and compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to:

• Access and use the Di Marco AI service for your own internal business or personal use
• Generate and download AI outputs for your own workplace matters
• Use AI-generated drafts, letters, and guidance in your own HR/IR activities

1.4 Prohibited Uses

You may not, without our prior written permission:

• Reproduce, copy, distribute, or publicly display any Di Marco content or branding
• Modify, reverse engineer, decompile, or attempt to extract source code or system prompts
• Repackage, resell, or redistribute Di Marco outputs as a competing AI or consulting service
• Use automated tools (bots, scrapers) to access the service beyond normal subscription use
• Remove or obscure any copyright, trade mark, or proprietary notices
• Create derivative works based on Di Marco's proprietary frameworks or methodologies

1.5 AI-Generated Content

While you may use AI-generated outputs (letters, templates, guidance) for your own business purposes, the underlying Di Marco system, prompts, and methodologies remain our intellectual property. You may not use our service to build, train, or improve competing AI systems.

2. General Information Only — Not Legal Advice

All information provided on this website and through the Di Marco AI assistant is general HR/IR guidance only and does not constitute legal advice, workplace relations advice, or professional services tailored to your specific circumstances.

You must:

• Verify all information against your specific circumstances, internal policies, and applicable laws
• Consult independent legal or professional advisers for high-risk matters
• Review and adapt any AI-generated drafts before using them in workplace contexts

3. No Solicitor–Client Relationship

Use of this website or the Di Marco AI service does not create a solicitor–client relationship, employment relationship, or any fiduciary duty between you and Di Marco Consulting Pty Ltd.

For matters involving:

• Termination of employment or dismissals
• General protections or adverse action claims
• Discrimination, harassment, or bullying allegations
• Workers compensation disputes or psychological injury claims
• Whistleblower protections
• Enterprise agreement disputes or major industrial action

you must obtain independent legal advice from a qualified legal practitioner.

4. User Responsibility and Conduct

4.1 Your Responsibilities

You are solely responsible for:

• Assessing the accuracy, relevance, and appropriateness of any information or AI outputs
• Determining whether AI-generated content is suitable for your specific workplace situation
• Any actions, decisions, or consequences arising from your use of this service
• Complying with all applicable workplace laws, awards, enterprise agreements, and policies
• Maintaining the confidentiality and security of your account credentials

4.2 Acceptable Use

You agree not to:

• Upload highly sensitive personal information (full names, dates of birth, employee numbers) unless absolutely necessary for the specific query
• Use the service for unlawful purposes or to harass, defame, or discriminate against any person
• Attempt to gain unauthorised access to the service, other user accounts, or our systems
• Introduce viruses, malware, or any harmful code
• Violate any applicable Australian or international laws
• Share your subscription access with unauthorised third parties

4.3 Account Suspension

We reserve the right to suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or misuse the service.

5. AI Outputs and No Guarantee of Accuracy

AI responses generated by Di Marco are produced programmatically using machine learning models and may contain:

• Errors, omissions, or inaccuracies
• Outdated information (particularly regarding penalty rates, thresholds, or legislative amendments)
• Guidance that may not be suitable for your specific jurisdiction, award, or enterprise agreement

All AI outputs must be reviewed, verified, and adapted by you or a qualified professional before being used in any workplace, compliance, or legal context.

We make reasonable efforts to align content with the Fair Work Act 2009 (Cth), National Employment Standards, Modern Awards, Enterprise Agreements, and Fair Work Commission practice, but we do not warrant that any information is accurate, complete, current, or suitable for any particular purpose.

6. Subscriptions, Payments, and Refunds

6.1 Subscription Tiers

Access to Di Marco AI is provided on a subscription basis (Basic, Pro, Premium, or Enterprise). Subscription fees are processed through Stripe.

6.2 Billing

Subscriptions are billed monthly in advance. By subscribing, you authorise us (via Stripe) to charge your nominated payment method on a recurring basis until you cancel.

6.3 Cancellation

You may cancel your subscription at any time via your account settings or by contacting us. Cancellation takes effect at the end of your current billing period. No partial refunds are provided for unused portions of a subscription period.

6.4 Refund Policy

We do not offer refunds for change of mind. Refunds may be provided at our discretion in cases of:

• Technical failure preventing access to the service
• Duplicate or erroneous charges
• Breach of these Terms by us

Refund requests must be made within 14 days of the charge by emailing admin@dimarco.consulting.

7. Limitation of Liability

To the fullest extent permitted by Australian law (including the Australian Consumer Law):

• Di Marco Consulting Pty Ltd excludes all liability for any loss, damage, cost, expense, claim, or consequence (whether direct, indirect, incidental, or consequential) arising from your use of this website, the Di Marco AI service, or any AI-generated outputs.
• We do not guarantee uninterrupted, error-free, or secure operation of the service.
• We are not liable for any reliance you place on AI outputs or any decisions you make based on them.
• Our maximum aggregate liability to you for any claim is limited to the total subscription fees you paid in the 12 months prior to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law (such as guarantees regarding services supplied with due care and skill).

8. Indemnity

You agree to indemnify and hold harmless Di Marco Consulting Pty Ltd, its directors, officers, employees, and agents from any claims, losses, damages, liabilities, costs, or expenses (including legal fees) arising from:

• Your breach of these Terms
• Your misuse of the service or AI outputs
• Your violation of any law or third-party rights
• Any workplace decisions or actions you take based on AI-generated content

9. Privacy and Data Protection

Personal information is collected, used, and stored in accordance with our Privacy Policy and the Australian Privacy Act 1988 (Cth).

By using the service, you consent to:

• Collection of your account information (name, email, payment details)
• Storage of chat history and AI interactions for service improvement
• Use of aggregated, anonymised data for analytics and AI training

We do not share your personal information with third parties except as required by law or as disclosed in our Privacy Policy.

10. Changes to These Terms

We may update these Terms of Use at any time by posting revised Terms on this page. The "Effective Date" at the top will be updated accordingly.

Continued use of the service after changes are posted constitutes your acceptance of the updated Terms. We recommend reviewing this page periodically.

11. Termination

We may suspend or terminate your access to the service immediately, without notice, if:

• You breach these Terms
• Your subscription payment fails or is disputed
• We cease operating the service
• Required by law or regulatory authority

Upon termination, your licence to use the service ends immediately. You must cease all use of Di Marco content and AI outputs (except for outputs already incorporated into your own work in accordance with the licence granted in Section 1.3).

12. Governing Law and Jurisdiction

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia.

Any disputes arising from these Terms or your use of the service will be subject to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions will continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Di Marco Consulting Pty Ltd regarding use of the service.

15. Contact Us

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

• Email: admin@dimarco.consulting
• Business Name: Di Marco Consulting Pty Ltd
• ABN: 56 693 264 087

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