These Terms of Service (Terms) apply to all users of our Services. In using the Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website or as notified by us to you from time to time.
Confidential Information means any written or oral information that is provided or disclosed by either party directly or indirectly through any means that is not already in the public domain, and may include personal information, health information, business information, recordings of group sessions, and information provided by you or other participants as part of the Services.
Fee means the subscription fee for any Program or Service including any extension fee.
Materials means presentations, audio and video recordings, worksheets, templates, toolkits, literature, email content and other materials we may provide you as part of the Services or which enable us to provide the Services to you.
Personal information has the same meaning as set out in the Privacy Act 1988 (Cth).
Program means any program we may offer as part of our Services.
Services means the online marketing consultancy, coaching, training and inbound marketing services provided by us including but not limited to video conference calls, group discussion forums, Materials, Programs, and related services provided by us from time to time.
Subscriber and You means the person, company or business that has subscribed to use the Services.
We, Our and Us means Premier Marketing Solutions Pty Ltd t/a Co-pilot Marketing (ABN 25 773 583 655) including its employees, contractors and affiliates.
You must create an account in order to use the Services. You need to provide your full name, a valid email address, and any other information requested in order to complete the signup process and create an account.
You may subscribe to and access any Program offered by us, subject to any restrictions or requirements we may impose for the Program.
Access to a Program will be limited to 6 months, or other period specified by us, from the date of subscription.
You may extend access to a Program with the payment of an extension Fee, provided that we offer an extension for the particular Program and which is subject to our sole discretion to do so.
We reserve the right to refuse your subscription to a Program for any reason in our sole discretion, including if a Program is full or if you do not provide current, complete or accurate details in the registration process. If we refuse your subscription, we will endeavour to notify you within a reasonable time and return any payment you have made in full.
We reserve the right to withdraw and cancel a Program at any time and for any reason. If we withdraw and cancel a Program that you are currently subscribed to, we will endeavour to notify you of the cancellation within a reasonable time and either offer you a credit note or, at your request, return your payment in full.
We will provide the Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure that any contractors, consultants or representatives that we may engage from time to time will have the relevant qualifications or experience and are under the same standards or requirements.
The Services will be provided online. You are responsible for ensuring that you have the appropriate facilities to access and participate in the Services.
In order to receive benefit from the Services, you agree to commit to and participate in all components of a Program for the duration of the Program.
We may from time to time in our sole discretion offer promotions or incentives for the Services. The terms of these promotions or incentives will be as shown on the Website or as otherwise notified by us to you.
All Fees are as advertised on our Website or as otherwise notified by us to you.
Full payment of the Fee in advance is required at the time of subscription.
Access to a Program will be made available when full payment of the Fee has been received.
We may vary the Fees for our Programs from time to time without notice. Subject to these Terms, we will not increase the amount payable by you for a Program once we have accepted your subscription.
All Fees are in Australian dollars or a local equivalent. You must pay any tax (including GST but excluding taxes on our income), duty, levy or similar charge in relation to the Services if it applies in the jurisdiction in which you subscribe to the Services.
Payment may be made by credit card, bank transfer, or any other method made available by us at the time of subscription.
By providing us with your payment or credit card details, you authorise payment for the Services. In the event that we provide the option for periodic payments and you select this option, you hereby authorise such payments to be deducted by us when they fall due until full payment has been made under these Terms.
In the event that we fail to receive payment of any Fees, or if you do not perform your obligations under these Terms, we may refuse to continue to provide the Services and we may terminate your subscription immediately without notice.
In the event of any late, overdue or unpaid Fees, you will incur a late interest payment at a rate determined in accordance with the Penalty Interest Rates Act 1983. We may also commence proceedings to collect any outstanding debts owed.
CANCELLATION, REFUND AND TERMINATION
You are solely responsible for cancelling your subscription through the Website.
If you cancel your subscription within seven days, we will provide you with a refund less an administration fee. These amounts will be as shown on the Website or as otherwise notified by us to you.
No refund will be provided for cancellations more than seven days after initial subscription.
We will at all times abide by the Australian Consumer Law (ACL) in relation to any refunds, returns and replacements. Please contact us to discuss at any time.
You agree that we may, in our sole discretion, terminate or suspend your access to the Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to the Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.
If you are unable to attend the group sessions, we may provide a recording option for you to access. Please note: this may not be available for all group sessions.
We may need to reschedule a group session from time to time, for reasons outside of our control or anytime in our sole discretion.
We do not provide any refund if you are late to or fail to attend a scheduled appointment.
GROUP FORUM RULES
In using our Services and participating in any group sessions or forums, you agree to the following:
GENERAL USER AGREEMENT
To be eligible to subscribe to and use our Services, you acknowledge and agree to the following:
RIGHT TO RECORD SESSIONS AND CONFIDENTIALITY
You understand that we record our group sessions and share them online with group participants as part of our Services. By using our Services, you give us permission to make audio and video recordings of group sessions, share them online with any other group participants for their benefit as part of the Services, and store the recordings indefinitely.
You may access the recordings until your subscription is cancelled or terminated under these Terms.
Both parties agree to:
all Confidential Information provided under these Terms or as part of the Services except:
We will not at any time disclose or allow access by any person or third party to any of the Confidential Information, except if the disclosure or access is to other group participants who have also accepted these Terms, or unless the disclosure or access is required to perform the Services in which case we will ensure that the person or third party are under the same duty of confidentiality as we are under these Terms.
We will store all Confidential Information in encrypted storage media and transfer all such information over encrypted communications.
These confidentiality provisions will survive the termination of the engagement between the parties and will remain until the Confidential Information becomes part of the public domain.
Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (ACL). At no time are these statutory rights sought to be excluded.
We represent and warrant that:
You may request a refund under the ACL in writing including reasons for the request.
You acknowledge and agree that:
If at any time any aspect of the Services are not reasonably acceptable to you, or both parties disagree on the quality or substance, or the parties disagree for any reason on the Services, you must immediately notify us of any such reason, the specifics and give us a reasonable opportunity to respond and address any concerns. Feedback and discussion are important to the provision of the Services and it is up to you to provide such feedback in order to give us an opportunity to resolve any issue quickly and effectively.
If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
We may provide you with Materials from time to time as part of the Services. All Materials are provided without warranties of any kind, both express and implied. Any Materials, both tangible and intangible, which are provided or may be developed as a result of or during the Services are and will remain our property at all times.
Our Materials are protected by copyright and may not be copied by you or any other person, without our express written permission.
You may not share or redistribute the Materials in any medium or format at any time. You are not permitted to make any derivative material, including but not limited to copying, reproducing, transforming, sharing or building upon the Materials in whole or in part. You must have our express written permission to do otherwise.
All custom graphics, icons, logos and service names within the Website and Materials are registered trademarks, copyright, trade or service marks of ours.
All other trademarks or service marks within the Website and Materials are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, our name, or anything you access through our Website or Services.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this Website or provided as part of the Services. Any unauthorised use of such materials may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Upon acceptance of these Terms and payment of the Fee, we hereby grant you a non-exclusive, non-transferable, limited licence to use any Materials we provide to you as part of the Services for the period that you are subscribed to use the Service.
LIMITATION OF LIABILITY AND INDEMNITY
We are in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of the Services.
Our liability is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
You acknowledge and agree that you use the Services at your own risk. In using the Services, you agree that you are liable for and agree to indemnify and hold us harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services, including but not limited to any third-party claims.
In any case, our liability is limited at all times to the amount of the Fees last paid by you.
Neither party to this agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, pandemic, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
In the event that one or more of the provisions of this agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this agreement. The remainder of this agreement shall be valid and enforceable.
This Agreement is governed by the laws from time to time in force in the State of Victoria. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.