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Legals

Website Terms & Conditions

These terms and conditions were last updated on 4 June 2026.

1. About the Website

1.1 Welcome to https://cemoh.com ('Website'). The Website provides marketing information and resources .

1.2 The Website is operated by Cemoh PTY LTD (ABN 78 625 703 246) . Access to and use of the Website, or any of its associated Products or Services, is provided by Cemoh. Please read these terms and conditions ('Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3 Cemoh reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Cemoh updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

1.4 The Website is an online marketplace through which Cemoh facilitates the provision of marketing services to businesses ('Clients') by independent marketing consultants and providers ('Consultants'). Consultants are independent businesses in their own right (whether operating as individuals, sole traders, companies or other entities) and are not employees of Cemoh. Cemoh facilitates and arranges for the services to be delivered to Clients; Cemoh does not itself perform the services.

1.5 These Terms govern your access to and use of the Website. Separate agreements govern the actual provision of services arranged through the Website, including the services agreement that a Client accepts when approving a quote (the 'Services Agreement') and the contractor agreement under which a Consultant is engaged (the 'Contractor Agreement'). To the extent of any inconsistency between these Terms and a Services Agreement or Contractor Agreement in relation to a particular quote or engagement, that agreement prevails over these Terms for that quote or engagement.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Cemoh in the user interface.

3. Copyright and Intellectual Property

3.1 The Website, the content and all of the related products of Cemoh are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Cemoh or its contributors.

3.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Cemoh, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device's cache memory; and
  • print pages from the Website for your own personal and non-commercial use.

Cemoh does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Cemoh.

3.3 Cemoh retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

3.4 You may not, without the prior written permission of Cemoh and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

4. Privacy

Cemoh takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Cemoh's Privacy Policy, which is available on the Website.

5. General Disclaimer

5.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.2 Subject to this clause 5, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • Cemoh will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5.3 Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Cemoh make any express or implied representation or warranty about the content or any products or content (including the products or content of Cemoh) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the content or operation in respect to links which are provided for your convenience.

6. Limitation of liability

6.1 Cemoh's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

6.2 You expressly understand and agree that Cemoh, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

6.3 You acknowledge and agree that Cemoh holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.

7. Termination of Contract

7.1 If you want to terminate the Terms, you may do so by providing Cemoh with 14 days' notice of your intention to terminate by sending notice of your intention to terminate to Cemoh via the 'Contact Us' link on our homepage.

7.2 Cemoh may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;
  • Cemoh is required to do so by law;
  • Cemoh is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
  • the provision of the Services to you by Cemoh, is in the opinion of Cemoh, no longer commercially viable.

7.3 Subject to local applicable laws, Cemoh reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Cemoh's name or reputation or violates the rights of those of another party.

7.4 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Cemoh have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

8. Indemnity

8.1 You agree to indemnify Cemoh, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • any breach of the Terms.

9. Dispute Resolution

9.1 Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

9.2. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

9.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

  • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in Brisbane, Australia.

9.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

9.5. Termination of Mediation:

If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

10. Venue and Jurisdiction

The Services offered by Cemoh is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

11. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

12. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

13. Non-Circumvention and Non-Solicitation

13.1 The Website operates as a marketplace that introduces and facilitates engagements between businesses seeking marketing services ('Clients') and freelance marketing consultants ('Consultants'). Cemoh invests significant time, skill and resources in sourcing, vetting, matching and introducing Clients and Consultants to one another, and derives its fees from engagements conducted through the Website and the Services.

13.2 You acknowledge and agree that any Client, Consultant, employee, contractor, agent, representative or other person or entity that you are introduced to, are made aware of, or with whom you communicate, as a result of using the Website or the Services (each an 'Introduced Party') is a valuable commercial relationship of Cemoh.

13.3 During the period that you use the Website or the Services, and for a period of 12 months after your most recent use of the Website or your most recent interaction with an Introduced Party (whichever is later) (the 'Restraint Period'), you must not, whether directly or indirectly, whether alone or with or through any other person or entity, and whether on your own behalf or on behalf of any other person or entity:

  • solicit, approach, canvass, induce, encourage or entice any Introduced Party to negotiate, enter into or perform any engagement for marketing or related services otherwise than through the Website and the Services;
  • offer, accept, arrange, procure or perform any such engagement with or from an Introduced Party otherwise than through the Website and the Services;
  • circumvent, avoid, bypass or attempt to circumvent the Website, the Services or any fees payable to Cemoh, including by communicating, transacting, contracting, invoicing or making or receiving payment for services outside the Website; or
  • solicit, induce or encourage any Introduced Party to terminate, reduce or alter its relationship or business with Cemoh.

13.4 This clause applies equally to Clients and to Consultants. Without limitation, a Client must not engage, or seek to engage, a Consultant (and a Consultant must not accept, or seek to accept, engagement from a Client) directly or through any third party in a manner that avoids the Website, the Services or any fees otherwise payable to Cemoh.

13.5 If you wish to engage, or be engaged by, an Introduced Party otherwise than through the Website, you must first obtain Cemoh's prior written consent. Cemoh may grant that consent subject to conditions, including payment of any fee specified in an applicable Services Agreement or Contractor Agreement, or otherwise reasonably determined by Cemoh. This clause does not apply to a bona fide relationship that you can demonstrate was established wholly independently of, and prior to, your use of the Website and the relevant introduction.

13.6 You acknowledge that any breach of this clause would cause Cemoh irreparable harm and significant loss (including the loss of fees Cemoh would otherwise have earned), that damages may not be an adequate remedy, and that Cemoh is entitled to seek and obtain injunctive relief in addition to recovering, as a debt due and payable, the fees it would have earned had the relevant engagement been conducted through the Website.

13.7 You acknowledge that the restraints in this clause are fair, reasonable and necessary to protect Cemoh's legitimate business interests, that Cemoh relies on this acknowledgement, and that you have had the opportunity to obtain independent legal advice (see clause 12). Each restraint in this clause (as to each act restrained, each Introduced Party and each part of the Restraint Period) operates as a separate and independent restraint. If any such restraint is held to be unenforceable, it is to be read down or severed to the extent necessary without affecting the enforceability of the remaining restraints.

13.8 This clause applies in addition to, and does not limit, any non-solicitation, non-engagement or other restraint provision in any Services Agreement or Contractor Agreement. Where such an agreement applies in respect of a particular Introduced Party and deals with the same subject matter, that agreement prevails to the extent of any inconsistency. This clause is intended, in particular, to bind users of the Website (including prospective Clients and visitors) who have not entered into such an agreement.

14. Data, Scraping and Automated Access

14.1 All data, content and materials made available on or through the Website – including Consultant and Client profiles, listings, reviews, ratings, contact details, pricing, and any compilation, dataset or database of the foregoing ('Cemoh Data') – are owned or controlled by Cemoh and are protected by law, including as set out in clause 3.

14.2 You must not, and must not permit, enable or assist any other person to, without Cemoh's prior written permission:

  • use any robot, spider, scraper, crawler, bot, automated script or other automated or systematic means (or any manual process to the same effect) to access, monitor, index, harvest, copy or extract any part of the Website or the Cemoh Data;
  • collect, scrape, aggregate, store, reproduce, republish, sell, license, distribute or otherwise re-use any Cemoh Data, whether to build or populate a database, directory, dataset, product or service, or for any other purpose;
  • use any Cemoh Data to train, develop, fine-tune or improve any machine learning, large language or other artificial intelligence model;
  • circumvent, disable or interfere with any access control, rate limit, robots exclusion (robots.txt) or other technical measure used to protect the Website or the Cemoh Data, or access any part of the Website by any means not intentionally made available through its standard interface; or
  • use the Website, the Services or any Cemoh Data to contact, market to or solicit any Consultant or Client otherwise than as expressly permitted by these Terms.

14.3 Cemoh reserves all rights in the Cemoh Data, including any rights in the compilation and any database rights. The limited permissions granted in clause 3.2 (caching and personal, non-commercial printing) do not extend to any activity described in this clause 14.

14.4 You acknowledge that the Cemoh Data has significant commercial value, that any breach of this clause would cause Cemoh irreparable harm, that damages may not be an adequate remedy, and that Cemoh is entitled to seek injunctive relief in addition to any other remedy and may suspend or terminate your access in accordance with clause 7.

15. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.