Effective Date: 5 July 2024
INTRODUCTION
Welcome to the “Mind Your Marketing” 12-month email series (the “Service”) offered by Jodi Duncan [ABN 88320561964], trading as Fletch & Co. (“Company”, “we”, “our”, or “us”). By subscribing to and using this digital Service, the Client (“You”) agrees to be bound by these terms and conditions (“Terms”). Please take the time to read the terms and conditions (“Terms”) that apply to you enrolling in and participating in the Service.
ELIBILITY
To participate in this Service, you must be at least 18 years old and have the legal capacity to enter into a binding agreement. By enrolling in this Service, you represent and warrant that you meet these eligibility requirements.
SUBSCRIPTION AND PAYMENT
a. To enrol in this Service, you must complete the registration process on our website and pay the applicable Service fee (“Fee”).
b. The subscription fee (“Fee”) of AUD $49 will be billed monthly, total fee amounting to AUD $588. Payments must be made through our secure online payment system. Failure to make timely payments may result in the suspension or termination of your subscription.
c. All fees are charged in Australia Dollars (AUD) and inclusive of any Australian Goods and Services Tax (GST) (as applicable).
c. We reserve the right to modify the Fee at any time without prior notice.
d. All payments are processed by a third party via Stripe or PayPal.
e. Payment of the Fee grants you access to the Service materials, resources, and support for the duration of your 12-month subscription.
f. The subscription does not automatically renew at the end of your 12-months.
CANCELLATIONS AND REFUND POLICY
Cancellations: Subscribers who choose to cancel their Service before the 12-month period ends will be required to pay out the remaining balance of their subscription. For example, if you cancel after 6 months, you will be charged the remaining 6 months’ fees, totalling AUD $294.
Pausing: You may pause your Service once for up to 30 days during the 12-month period. During the pause period, you will retain access to all protected content you had access to up until the time your account was paused. You will not receive new content during the pause.
Refunds: Due to the nature of the Service being digital, refunds are not provided once the initial subscription fee has been paid.
SERVICE CONTENT AND SCHEDULE
a. The Service consists of 1x email per month for a 12-month period, inc. including downloadable materials.
b. We reserve the right to modify the Service content and schedule at any time without prior notice.
c. Access to Service materials is granted for the duration of your 12-month subscription.
INTELLECTUAL PROPERTY
a. All materials, including but not limited to session recordings, written content, graphics, and downloadable resources, are the intellectual property of Fletch & Co and are protected by copyright and other intellectual property laws.
b. You are granted a limited, non-exclusive, non-transferable license to access and use the Service materials for your personal, non-commercial use.
c. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Service materials without the Our prior written consent.
CODE OF CONDUCT
By using the Service, You agree not to:
• Use the content for any unlawful purpose.
• Share your subscription with others.
• Attempt to interfere with the proper functioning of the Service.
RESULTS AND EXPECTATIONS
a. The information and resources provided in the Service are generic and not personalised to individual subscribers. The effectiveness of the information is dependent on the effort and dedication of each subscriber.
b. We make no guarantees or promises regarding specific results from participating in the Service. Success in marketing depends on various factors, including but not limited to your commitment, effort, and implementation of the strategies provided.
c. You acknowledge and agree that you only get out what you put in. The effectiveness of the Service depends significantly on your active participation and dedication to applying the knowledge, principles and techniques provided.
DISCLAIMERS AND LIMITATION OF LIABILTY
a. The Service is provided on an “as-is” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, or materials included therein.
b. To the fullest extent permitted by applicable law, in no event are we, any of our partners, or their shareholders, directors or employees responsible for any losses or expenses, however arising, including without limitation, any direct, indirect and/or present, future or contingent, loss of use, loss of data, caused by a virus, loss of income or profit of projected profit, low or damage to property, claims of third parties, or other losses of any kind of character arising from or in connection with your use of our Service. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extend provided for by the Australian Consumer Law (schedule 2 of the Competition and Consumer Act 2010).
c. We do not accept responsibility for determining whether the Service is appropriate for you.
d. We reserve the right to deny service and refund the cost of the Service for any reason included where we believe the Service would not be appropriate for you, or we believe that further professional advice should be sought.
GOVERNING LAW AND DISPUTE RESOLUTION
a. These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia without regard to its conflict of law provisions.
b. Any disputes arising out of or relating to these Terms or the Service shall be resolved through good faith negotiations. If a resolution cannot be reached, the dispute shall be submitted to mediation or binding arbitration in Queensland, Australia as determined by Us.
AMENDMENTS
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website.
CONTACT INFORMATION
If you have any questions or concerns about these Terms, please contact us hello@fletchandco.com.au.
Acknowledgement
We acknowledge the Traditional Owners of the land on which we work, the Turrbal people of the Yuggera land and pay our respects to their Elders past and present.
19 PEDDER sTREET, ALBION qld 4010
COPYRIGHT © 2024 FLETCH & CO. ALL RIGHTS RESERVED.
