1. Who we are
This website is operated by Dan Leman, trading as Polaris Performance Marketing (ABN [ABN]), of New South Wales, Australia ("Polaris", "we", "us" or "our"). References to "you" mean the person accessing this website.
2. Acceptance of these terms
By accessing or using polarisperformancemarketing.com, you agree to these Terms of Service and to our Privacy Policy. If you do not agree, please do not use this website.
3. Eligibility
This website is intended for business owners and decision-makers. By using it you confirm that you are at least 18 years old and that, where you act for a business, you are authorised to do so.
4. What this website is
This website provides general information about Polaris and the performance marketing services we offer. It is a marketing and information resource.
Nothing on this website is an offer capable of acceptance, and nothing on it creates a contract for services between us. Any engagement is subject to a separate written agreement signed by both parties, which will set out the scope, commercial terms and fee arrangements that apply.
5. Bookings and consultations
You may book an introductory call through this website. Booking a call is free and places you under no obligation. It does not guarantee that we will offer to work with you — we take on a limited number of clients and may decline for any reason.
Bookings are handled by a third-party scheduling provider. Information you enter into the booking form is handled in accordance with our Privacy Policy.
Anything discussed on a call is general in nature unless we have entered into a written agreement. We may record calls only with your consent.
6. Results, earnings and testimonials
No guarantee of results. The figures, case studies, client outcomes and testimonials shown on this website are the actual results of specific businesses at a specific time. They are not typical, not average, and are not a promise, projection or guarantee that you or your business will achieve the same or similar results.
Individual results depend on many factors outside our control, including your offer, pricing, margins, market, competition, budget, existing assets, operational capacity, timing, and how consistently recommendations are implemented. Some businesses will earn less. Some will earn nothing.
Specifically, and for the avoidance of doubt:
- Statements such as "twice as profitable" describe the objective we work toward. They are not a representation or warranty that any particular level of profit, revenue, return on ad spend or growth will be achieved.
- Aggregate figures such as total advertising spend managed, peak daily spend or platform rankings describe our track record. They are not indicators of the results any individual client should expect.
- Named client results are used with permission and reflect that client's circumstances. Those clients may have had advantages your business does not have.
- Testimonials reflect the honest experience of the person giving them and are not representative of every client's experience. Testimonials are not paid for unless expressly disclosed.
- Past performance is not a reliable indicator of future performance.
You should not make any financial, investment or business decision on the basis of the results shown on this website. You are responsible for conducting your own assessment and, where appropriate, obtaining independent advice before committing money to advertising.
7. No professional advice
The content on this website is general information only. It is not financial, investment, accounting, taxation or legal advice, and it does not take into account your objectives, financial situation or needs. Before acting on anything you read here, consider whether it is appropriate for you and obtain advice from a suitably qualified professional.
8. Engaging us for services
Where we agree to work together, a separate written services agreement will govern that engagement, including scope, term, performance-based fees, how growth in profit is measured and verified, reporting, confidentiality and termination. If there is any inconsistency between that agreement and these terms, the services agreement prevails in respect of the services.
9. Intellectual property
All content on this website — including text, copy, graphics, logos, the Polaris name and mark, layout, design, images and code — is owned by us or our licensors and is protected by Australian and international intellectual property laws.
You may view this website and print or download extracts for your own internal, non-commercial use. You must not otherwise reproduce, republish, adapt, distribute, frame, sell or commercially exploit any part of it, or use it to train a machine-learning or artificial-intelligence model, without our prior written consent.
10. Acceptable use
You must not:
- use this website for any unlawful, misleading or fraudulent purpose;
- attempt to gain unauthorised access to the website, its server, or any connected system;
- introduce malware, or interfere with the proper working of the website;
- scrape, harvest, data-mine or systematically extract content or contact details, or use automated means to access the site other than for legitimate search-engine indexing;
- submit false information, or book calls in bad faith or on behalf of a competitor for the purpose of obtaining commercially sensitive information; or
- use the website in any way that damages our reputation or that of our clients.
11. Third-party links and services
This website links to and embeds third-party services, including a scheduling calendar, video hosting and social platforms. We do not control those services and are not responsible for their content, availability, terms or privacy practices. A link is not an endorsement.
12. Availability of the website
We aim to keep this website available, but we do not guarantee uninterrupted or error-free access. We may change, suspend, or withdraw all or part of it at any time without notice, including for maintenance. We are not liable to you if the website is unavailable at any time or for any period.
13. Disclaimers
Subject to section 14, this website and its content are provided "as is" and "as available". To the maximum extent permitted by law, we exclude all representations, warranties and guarantees, whether express or implied, including as to accuracy, completeness, currency, fitness for a particular purpose, merchantability and non-infringement.
While we take care in preparing this website, information can become out of date, and we do not warrant that it is free from error.
14. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the Australian Consumer Law or any other law where doing so would be unlawful.
If you are a consumer under the Australian Consumer Law, you have guarantees that cannot be excluded — including that services will be supplied with due care and skill. Nothing here affects those rights.
Where our goods or services are not of a kind ordinarily acquired for personal, domestic or household use, and to the extent permitted by law, our liability for a failure to comply with a consumer guarantee is limited, at our option, to resupplying the services or paying the cost of having them resupplied.
15. Limitation of liability
Subject to section 14, and to the maximum extent permitted by law:
- we are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, anticipated savings, goodwill, business opportunity or data, however arising, whether in contract, tort (including negligence), statute or otherwise, even if we have been advised of the possibility of that loss; and
- our total aggregate liability arising out of or in connection with this website is limited to AUD $100.
This section does not limit liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence.
16. Indemnity
You indemnify us against any loss, damage, cost or expense (including reasonable legal costs) we suffer arising from your breach of these terms, your misuse of this website, or your infringement of the rights of any third party, except to the extent caused by our own negligence or breach.
17. Privacy
Our collection and handling of personal information is described in our Privacy Policy, which forms part of these terms. That policy explains our use of the Meta Pixel, Google Analytics and Google Ads, and how to opt out.
18. Changes to these terms
We may update these terms from time to time. The current version is always available at this address, and the "last updated" date shows when it last changed. Changes take effect when published. Your continued use of the website after that means you accept the updated terms, so please check back periodically.
19. Suspension of access
We may restrict or terminate your access to this website at any time, without notice, if we reasonably believe you have breached these terms.
20. Governing law
These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts able to hear appeals from them.
21. General
- Severability — if any provision is found to be invalid or unenforceable, it is severed and the remaining provisions continue in force.
- Waiver — a failure or delay by us in exercising a right is not a waiver of that right.
- Assignment — you may not assign your rights under these terms without our written consent. We may assign ours in connection with a sale or restructure of our business.
- Entire agreement — these terms and our Privacy Policy are the entire agreement between you and us in relation to your use of this website.
22. Contact
Questions about these terms:
Dan Leman — Polaris Performance Marketing
ABN [ABN]
New South Wales, Australia
Email: [email protected]