Effective date: 20 March 2026. These Terms govern your use of the Nightshift Media website at nightshiftmedia.com.au (the "Site") and any services offered through it. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "the user") and Nightshift Media ("we", "us", or "our") regarding your use of this website and its tools, content, and features. These Terms apply to all visitors, including prospective clients, existing clients, investors, and general users.
These Terms govern website use only. Separate written service agreements govern any paid engagement between you and Nightshift Media. In the event of a conflict between these Terms and a signed service agreement, the service agreement prevails.
Permitted use
You may access and use the Site for lawful purposes related to evaluating or engaging our services, reading our published content, or using our free diagnostic tools. You must not use the Site in any way that violates applicable laws or regulations, infringes the rights of others, or interferes with the operation of the Site.
Prohibited conduct
You must not: (a) attempt to gain unauthorised access to any part of the Site or its underlying systems; (b) use automated tools to scrape, crawl, or extract content from the Site without our prior written consent; (c) transmit any harmful, defamatory, or unlawful content through any form on the Site; (d) impersonate any person or entity, or misrepresent your affiliation with any person or entity; or (e) use the Site to solicit or market competing services to our clients.
Account access
Certain features of the Site require authentication via Manus OAuth. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect any unauthorised use of your account.
Important: The diagnostic tools available on this Site (including the Revenue Leak Calculator, Ghost Ratio Estimator, Competitor Velocity Tracker, and related tools) are provided for illustrative and informational purposes only. They are not a substitute for professional advice and do not constitute a formal audit, financial analysis, or guarantee of results.
All outputs generated by our diagnostic tools are estimates based on the inputs you provide. The accuracy of any output depends entirely on the accuracy and completeness of your inputs. Nightshift Media makes no representation or warranty that the outputs reflect your actual business performance, and accepts no liability for any decisions made in reliance on tool outputs.
Downloadable reports generated by these tools are provided as-is. You may use them for your own internal business purposes. You may not represent them as having been prepared by Nightshift Media in a professional capacity, or use them in any legal, financial, or regulatory proceeding without our prior written consent.
All content on this Site — including but not limited to text, graphics, logos, case studies, journal articles, diagnostic tool designs, the RAMP System framework, and software — is the intellectual property of Nightshift Media or its licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable licence to access and view the Site's content for your own personal or internal business evaluation purposes. This licence does not permit you to: reproduce, republish, or redistribute our content (including journal articles or case studies) without attribution and our prior written consent; use our brand name, logo, or trademarks in any manner that suggests endorsement or affiliation; or create derivative works based on our proprietary frameworks (including the RAMP System) without a written licence.
Brief quotations with clear attribution to Nightshift Media and a link to the original source are permitted for editorial and commentary purposes.
Submitting an enquiry through our Revenue Audit Form, General Contact Form, or Investor Inquiry Form does not create a client relationship, a binding agreement, or any obligation on the part of Nightshift Media to provide services. We will review your submission and respond at our discretion.
By submitting a form, you confirm that the information you provide is accurate and that you are authorised to submit it on behalf of any business you represent. You consent to us using that information to respond to your enquiry and assess fit, as described in our Privacy Policy.
We reserve the right to decline any enquiry for any reason, including but not limited to capacity constraints, conflicts of interest, or where we determine our services are not a suitable fit.
Any results, statistics, or case study outcomes referenced on this Site (including ROAS figures, revenue outcomes, and ticket sales data) represent historical results achieved in specific circumstances. Past results are not a guarantee, representation, or warranty of future performance. Individual results will vary based on market conditions, product quality, ad spend, and numerous other factors outside our control.
To the maximum extent permitted by applicable law, Nightshift Media and its directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, the Site or its content — including but not limited to loss of revenue, loss of data, or loss of business opportunity.
Our total aggregate liability to you for any claim arising out of or relating to these Terms or your use of the Site shall not exceed AUD $100.
Nothing in these Terms limits or excludes any guarantee, warranty, or right that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including any applicable consumer guarantees.
The Site may contain links to third-party websites, platforms, or services (including Meta, Google, TikTok, LinkedIn, and ticketing platforms). These links are provided for convenience only. Nightshift Media does not endorse, control, or accept responsibility for the content, privacy practices, or terms of any third-party site. Your use of third-party sites is at your own risk and subject to their respective terms.
Any information provided on the Investors page of this Site, including any pitch deck or roadmap document made available upon request, is provided for informational purposes only and does not constitute a prospectus, product disclosure statement, financial product advice, or an offer to issue or sell any securities. It has not been prepared in accordance with the Corporations Act 2001 (Cth) requirements for a disclosure document.
Any forward-looking statements in investor materials involve known and unknown risks and uncertainties and should not be relied upon as a prediction of future performance. Recipients should seek independent financial and legal advice before making any investment decision.
The Site and all content, tools, and materials on it are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
We reserve the right to modify, suspend, or discontinue any part of the Site at any time without notice. We may also update these Terms at any time. The effective date at the top of this page will reflect the date of the most recent revision. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.
These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law provisions. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria for the resolution of any dispute arising out of or relating to these Terms or your use of the Site.
Before initiating any formal legal proceedings, you agree to contact us at [email protected] and allow 30 days for us to attempt to resolve the dispute in good faith.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nightshift Media with respect to your use of the Site and supersede all prior agreements, representations, and understandings relating to the same subject matter. No waiver of any provision of these Terms shall be effective unless in writing.
For any questions about these Terms, please contact us at: