Website Terms of Use and Service Terms

These Terms govern your use of smartymarty.com.au and any services purchased, booked or arranged through Smarty Marty.

The Website and Services are operated by Martin Rory Mallon trading as Smarty Marty (“Smarty Marty”, “Martin”, “we”, “us” or “our”).

By using the Website, you agree to the provisions applying to Website use.

If you purchase or book a Service, you also agree to:

• these Terms;
• the package description and Scope Statement presented at checkout;
• the Cancellation and Rescheduling Policy;
• where applicable, the Academic Integrity Policy; and
• any separate written proposal or agreement expressly accepted by you.

If specific written terms conflict with these general Terms, the specific terms prevail to the extent of the inconsistency.

Nothing in these Terms excludes, restricts or modifies rights that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.

Smarty Marty is a professional platform operated by Martin Mallon.

Smarty Marty is not a law firm, incorporated legal practice, community legal centre or legal-referral service.

The Website may showcase Martin’s professional experience, publications, projects, educational material, media appearances, tutoring, mentoring, career advisory, personal-branding and related services.

Unless expressly stated otherwise, content is published in Martin’s personal capacity and does not represent any current or former employer, client, law practice, university, professional association or other organisation.

References to another organisation do not imply ownership, sponsorship, endorsement or affiliation.

Smarty Marty does not provide legal advice, legal representation or legal services through the Website or Services described here.

Legal tutoring may involve discussion of legislation, judgments, hypothetical problems, legal reasoning, drafting and legal principles for educational purposes. That does not constitute advice concerning a person’s actual legal rights or liabilities.

Career advisory services similarly do not constitute legal advice concerning employment disputes, workplace rights or other legal matters.

Purchasing a Service, communicating with Martin or uploading material does not create a lawyer-client relationship, legal retainer or legal professional privilege.

If legal advice is required, you should obtain independent advice through an appropriately engaged legal practitioner.

Smarty Marty may offer:

• legal tutoring;
• examination and assessment preparation;
• legal research, writing and analytical-skills development;
• mentoring;
• career and professional-development advice;
• CV and job-application strategy;
• LinkedIn positioning;
• interview preparation;
• personal and professional-brand strategy;
• professional communications;
• workshops;
• speaking engagements;
• writing and editing projects; and
• other services described on the Website or agreed in writing.

The exact package purchased, price, inclusions, exclusions, revision entitlement and engagement period are identified in the applicable Package Scope Statement.

Services are generally sold as defined packages rather than by reference to hourly billing.

The package price covers only the expressly identified deliverables.

Unless specifically included, a package does not provide:

• unlimited consultations;
• unlimited messaging;
• unlimited document review;
• unlimited revisions;
• unlimited applications;
• unrelated additional tasks;
• indefinite access to Martin; or
• additional work merely because it relates broadly to the same career, subject or project.

If requested work materially exceeds scope, you may be offered a defined add-on, upgrade or separately scoped engagement.

No additional charge will be imposed without agreement.

A standard Website engagement generally begins once:

• the client selects a package;
• the client completes any required information;
• the client accepts the applicable terms;
• payment is successfully made; and
• Smarty Marty confirms the engagement.

For bespoke work, acceptance may occur through a written proposal or other written agreement.

We may decline a proposed engagement before acceptance where reasonably necessary due to availability, scope, timing, inappropriate use, conflict or another legitimate reason.

You must provide accurate, complete and timely information reasonably required to perform the Service.

You remain responsible for checking:

• names;
• dates;
• employment information;
• qualifications;
• academic details;
• achievements;
• job information;
• factual representations; and
• final documents before they are submitted or published.

We may reasonably rely on information provided by you unless it is obviously incorrect.

Where advance document review forms part of a package, relevant materials should ordinarily be supplied at least 48 hours before the scheduled consultation.

Late submission may limit the review that can reasonably be completed before the session.

Uploading a large quantity of material does not enlarge the agreed scope.

If materials substantially exceed the package allowance, we may ask you to nominate priority documents or offer additional review as an add-on.

Career and professional-development Services may assist with professional positioning, applications, career planning, interviews, personal branding and related matters.

Smarty Marty does not guarantee:

• employment;
• an interview;
• promotion;
• partnership;
• recruiter contact;
• salary increases;
• professional appointments;
• audience growth; or
• any outcome controlled by a third party.

The Service provided is the agreed advice, strategy, preparation or deliverable.

Tutoring Services are educational and developmental.

The client remains responsible for their own academic work, learning and assessment submissions.

Tutoring packages do not automatically include substantive CV writing, LinkedIn redevelopment, personal-brand implementation, job-application preparation or dedicated interview coaching.

Incidental career guidance may naturally occur during mentoring, but substantive career work must be purchased through the relevant Career & Professional Services package.

Clients using tutoring or educational Services must comply with the separate Academic Integrity Policy.

Smarty Marty will not knowingly complete assessable work on behalf of a student or assist in academic misconduct.

All consumer-facing prices should be displayed as the total amount payable, including GST and unavoidable or pre-selected fees where applicable. Australian pricing rules require businesses to display a single minimum total price inclusive of taxes and unavoidable charges for consumer transactions (ACCC).

Prices are in Australian dollars unless stated otherwise.

Optional add-ons must not be pre-selected.

Unless otherwise agreed, payment is required before substantive work begins.

Larger bespoke engagements may use staged payments.

Submitting an intake form does not itself guarantee acceptance of an engagement.

Where the Australian Consumer Law applies, Services carry consumer guarantees that cannot be excluded.

Applicable guarantees include that services be provided with due care and skill, be fit for a disclosed purpose in relevant circumstances and be provided within a reasonable time where no time has been agreed (ACCC).

Nothing in these Terms excludes or modifies those statutory rights.

The separate Cancellation and Rescheduling Policy forms part of these Terms.

Any refund, rescheduling or cancellation provision operates subject to Australian Consumer Law rights.

Where a package includes one reasonable revision round, this means one consolidated round of amendments relating to the originally agreed scope.

It does not include:

• a completely new document;
• a new target role;
• a substantially different personal-brand direction;
• repeated piecemeal amendments;
• new work arising from materially new information; or
• additional unrelated deliverables.

You retain ownership of material you provide.

Once the applicable price has been paid, you may use bespoke final deliverables prepared specifically for you for your personal and professional purposes.

Smarty Marty retains ownership of pre-existing:

• methodologies;
• templates;
• questionnaires;
• frameworks;
• tools;
• processes;
• know-how; and
• generic resources.

These must not be commercially resold, redistributed or represented as the client’s own proprietary methodology without written permission.

Smarty Marty may use appropriate digital and AI-assisted tools to support research, drafting, editing, analysis and administration.

Clients should provide only information reasonably necessary for the engagement.

Smarty Marty will not intentionally submit client information for the purpose of training a publicly available AI model.

Any actual third-party platforms receiving client information should be identified in the Privacy Policy where appropriate.

The Website may use third-party platforms for:

• payment;
• scheduling;
• video calls;
• file storage;
• email;
• website hosting;
• analytics; and
• other business functions.

Third-party services may have their own terms and privacy practices.

Testimonials, reviews and examples describe individual experiences only.

They do not guarantee comparable results for other clients.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

To the extent permitted by law, Smarty Marty is not responsible for losses arising solely from:

• inaccurate client information;
• decisions independently made by a client;
• employer or recruiter decisions;
• academic marking decisions;
• unauthorised use of deliverables;
• third-party system failures; or
• reliance on Website information as legal or other regulated professional advice.

Personal information is handled in accordance with the Smarty Marty Privacy Policy.

These Terms are governed by the laws of Queensland, Australia, subject to statutory jurisdictional rights that cannot lawfully be excluded.

• Martin Mallon
• Trading as Smarty Marty
• marty@smartymarty.com.au
• PO Box 1129, Pacific Fair QLD 4226