Effective Date: 3 June 2025
INTRODUCTION
Welcome to Fletch & Co. (“Company”, “we”, “our”, or “us”). By purchasing and using any of our digital products or services (“Service”), you (“Client”, “you”, or “your”) agree to be bound by the following Terms and Conditions (“Terms”). Please read them carefully before completing your purchase.
ELIBILITY
To access our Services, you must be at least 18 years of age and legally capable of entering into a binding agreement. By proceeding with your purchase, you confirm that you meet these requirements.
SUBSCRIPTION AND PAYMENT
a. Access to any paid digital product or service requires full payment of the applicable fee (“Fee”) at the time of purchase or enrolment.
b. For subscription-based services (including Mind Your Marketing), the subscription fee (“Fee”) of AUD $49 will be billed monthly, total fee amounting to AUD $588. Failure to make timely payments may result in the suspension or termination of your subscription; however, this does not cancel your financial obligation. If the subscription is terminated, the outstanding balance for the full term will remain payable.
c. In the event of non-payment, we reserve the right to engage debt recovery services, and you may be held liable for any additional costs incurred in recovering the outstanding amount, including but not limited to collection agency fees and legal expenses.
d. All fees are charged in Australia Dollars (AUD) and inclusive of any Australian Goods and Services Tax (GST) (as applicable).
e. We reserve the right to modify the Fee at any time without prior notice.
f. All payments are processed by a third party via Stripe or PayPal.
g. For Mind Your Marketing, payment of the Fee grants you access to the Service materials, resources, and support for the full 12-month subscription period. This subscription does not auto-renew at the end of 12-months.
CANCELLATIONS AND REFUND POLICY
Cancellations: For time-bound subscriptions such as Mind Your Marketing, cancellation before the 12-month term ends does not release you from your payment obligation. The remaining balance will be charged in full. For example, if you cancel after 6 months, you will be charged the remaining 6 months’ fees, totalling AUD $294.
Pausing: Mind Your Marketing allows one pause for up to 30 days during the 12-month period. During the pause, you retain access to all previously available content, but no new content will be delivered.
Refunds: Due to the digital nature of our products, no refunds will be issued once the initial payment has been made.
SERVICE CONTENT AND SCHEDULE
a. The content, structure, and delivery of Services will vary. Mind Your Marketing consists of one email per month for 12 months, including downloadable materials.
b. We reserve the right to modify any Service’s content, format, or schedule without notice.
c. Access to Service materials is provided only for the stated duration of the subscription (e.g., 12 months for Mind Your Marketing), unless otherwise specified.
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 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, consistency, and dedication of each subscriber.
b. We make no guarantees or promises regarding specific results from purchasing 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 at hello@fletchandco.com.au.
