These Terms and Conditions govern the provision of services by Unique Point Marketing Pty Ltd (Unique Point, we, us, our) to all Agencies, Clients, and End Users accessing or using services supplied, managed, or resold by Unique Point.
By engaging Unique Point, creating an account, or using any service delivered by Unique Point, you agree to be bound by these Terms and Conditions.
1.1 Unique Point is a Premier Partner of Locafy Ltd and utilises the Locafy platform, including maps.locafy.com, to deliver Google Business Profile optimisation, local search visibility, grid tracking, and related services.
1.2 Unique Point does not own, control, or operate the Locafy platform or any third-party software, infrastructure, APIs, or services used to deliver outcomes.
1.3 All services provided by Unique Point that rely on third-party platforms are supplied on a managed, facilitated, or resold basis only.
1.4 You acknowledge that third-party platforms operate under their own terms, conditions, limitations, and availability constraints. Unique Point is not responsible for changes, outages, suspensions, feature removals, or pricing changes imposed by any third-party provider.
2.1 Unique Point operates a multi-tier service structure which may include:
2.2 Agencies may onboard and manage their own clients within the Unique Point system.
2.3 Agencies are solely responsible for:
2.4 Unique Point has no contractual relationship with an Agency’s clients unless expressly agreed in writing.
3.1 Agencies agree to pay all fees for their own accounts and for all clients they onboard.
3.2 All charges are billed to the Agency’s nominated payment method.
3.3 All fees are non-refundable, non-cancellable, and non-creditable once incurred.
3.4 Suspension or termination of a service does not release an Agency from payment obligations accrued prior to termination.
3.5 Unique Point reserves the right to suspend services for non-payment while fees may continue to accrue.
4.1 Unique Point provides optimisation, infrastructure, and management services only.
4.2 Unique Point does not guarantee:
4.3 All search engine and platform outcomes are influenced by external systems outside the control of Unique Point.
5.1 All data, content, listings, media, and information supplied remain the responsibility of the Agency or Client that provides them.
5.2 You warrant that you hold all rights and permissions required to submit such data.
5.3 Sensitive data, regulated data, or protected personal information must not be uploaded or processed through any service unless expressly agreed in writing.
5.4 Unique Point is not liable for data loss, corruption, interception, unauthorised access, or third-party misuse.
6.1 You agree to fully indemnify and hold harmless Unique Point, its directors, officers, employees, contractors, and partners from any claim, loss, damage, cost, or liability arising from:
6.2 This indemnity includes legal costs on a full indemnity basis.
7.1 To the maximum extent permitted by law, Unique Point is not liable for indirect, incidental, consequential, or economic loss, including loss of profit, data, business, or opportunity.
7.2 Unique Point’s total aggregate liability arising out of or in connection with any claim is limited strictly to the fees actually paid to Unique Point by the specific claimant in respect of the specific service giving rise to the claim, during the three months immediately preceding the event giving rise to the claim. For the avoidance of doubt, fees paid by an Agency in respect of other clients, other services, or unrelated accounts are expressly excluded from the calculation of liability.
8.1 Unique Point may modify, suspend, or discontinue any service at any time.
8.2 Services may be suspended immediately where:
8.3 Termination does not entitle you to any refund or credit.
9.1 All platforms, methodologies, dashboards, configurations, processes, and systems remain the intellectual property of their respective owners.
9.2 No ownership rights are transferred to Agencies or Clients.
10.1 Unique Point may reference Agencies or Clients as customers unless written notice to opt out is provided.
11.1 These Terms are governed by and construed in accordance with the laws of Australia.
11.2 The parties agree that the courts of New South Wales have exclusive jurisdiction to hear and determine any dispute arising out of or in connection with these Terms, subject to clause 11.3.
11.3 Nothing in this clause limits or restricts Unique Point’s right to commence proceedings, seek injunctive relief, or enforce its rights in any court of competent jurisdiction in any Australian state or territory in which an Agency, Client, end user, or third-party service provider resides or carries on business.
11.4 You irrevocably submit to the jurisdiction of the courts specified in this clause and waive any objection based on inconvenient forum, venue, or lack of jurisdiction.
11.5 Proceedings may not be commenced outside Australia in relation to these Terms.
12.1 To the maximum extent permitted by law, you agree that any dispute, claim, or proceeding arising out of or in connection with these Terms or the services must be brought in your individual capacity only.
12.2 You waive any right to bring or participate in any class action, representative action, collective proceeding, or group claim against Unique Point.
12.3 You further waive any right to join or consolidate claims with those of any other Agency, Client, or end user, whether arising from similar facts or otherwise.
13.1 Agencies must ensure that all of their clients and end users are bound by written terms that are no less protective of Unique Point than these Terms.
13.2 Agencies warrant that they have full authority to bind their clients to such terms and that such terms expressly disclaim Unique Point’s liability and mirror the indemnities contained in these Terms.
13.3 Any failure by an Agency to properly bind its clients does not limit or reduce the Agency’s obligations or liability to Unique Point.
14.1 Unique Point reserves the right to audit Agency accounts and usage, including client listings, access permissions, billing compliance, and data submissions, for the purpose of verifying compliance with these Terms.
14.2 Audits may be conducted remotely and without disruption to services.
14.3 Failure to cooperate with an audit constitutes a material breach of these Terms.
15.1 The following clauses survive termination or expiry of these Terms:
16.1 Notwithstanding any other provision of these Terms, Unique Point’s total aggregate liability in respect of any claim or series of related claims is capped at the lesser of:
17.1 Before commencing any legal proceedings, you must provide written notice of the dispute and allow Unique Point a minimum of thirty days to investigate and attempt resolution.
17.2 No proceedings may be commenced unless this escalation process has been completed.
18.1 Unique Point may immediately suspend or terminate access to any service where continued use presents legal, regulatory, operational, or reputational risk.
18.2 Suspension under this clause does not give rise to any refund, credit, or compensation.
19.1 Nothing in these Terms creates any partnership, joint venture, fiduciary, agency, or employment relationship.
19.2 Agencies and clients operate as independent contractors at all times.
20.1 These Terms constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements.
20.2 By engaging Unique Point, creating or maintaining an account, onboarding clients, or continuing to use the services, you confirm acceptance of these Terms on behalf of yourself and any clients or end users you onboard.
