TERMS OF SERVICE

TERMS OF SERVICE

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.

DEFINITIONS

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.

Website means www.co-pilot.com.au and members.copilot.marketing




SUBSCRIPTION

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.



SERVICES

 

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.

 



FEES

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. 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

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.

 

All payment information will be kept in a secure manner in accordance with Australian privacy requirements. Please refer to our Privacy Policy for details on how your information will be kept secure.


 

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:

  1. A limit of 2 attendees per Subscriber business is permitted on each Group session;

  2. Any recommendations, comments, information, experiences or other discussions you may participate in (Comments) during any group session must comply with these Terms and be made in the spirit, culture and ethos of the group session and our purpose generally;

  3. Confidentiality is paramount to any group session. You acknowledge that all discussions, conversations and, in particular, any identification of any individual is to be kept confidential and not to be discussed or disseminated at any time outside the group. In the event of any breach of this fundamental rule, immediate termination will result and legal action may be taken;

  4. Comments are not permitted that:

    > use aggressive, rude or offensive language;

    > encourage illegal intent including false claims, defamation, harassment, fraud and collusion;

    > solicit business;

    > are abusive or malicious against or may offend any other participant, our staff or any third party;

    > are objectionable or rude; or

    > may be considered bullying behaviour;


  5. The Comments and your experiences are meant to try to help other members of the group, be supportive, and to share your guidance and information. Our aim is to encourage helpful comments and feedback in a safe and secure environment and hope that you will assist, benefit from and enjoy this initiative. We ask that you carefully consider any Comments you may make and the impact they may have in a respectful manner;

  6. You understand and agree that we may moderate any Comments and ban any person that, in our sole judgment violates these Terms, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of other participants in the group. You may be banned from accessing the group and our Services at any time, without notice, and in our sole discretion. No refund will be provided in the event that we ban you for breaching these Terms;

  7. You understand and agree that we will take any other action, where required, against any person that does not abide by these Terms or where action is taken against us by any person, visitor or third party as a result of your Comments;

  8. Opinions, advice and all other information expressed by participants in discussions or Comments are those of the participant and not us. You rely on and/or act any such information at your own risk and need to make your own enquiries before taking any action related to any Comment; and

  9. Any action you choose to take with any other participant or person in any group, outside the group or indirectly through our Services, including but not limited to the provision of your personal information, telephone, email, arranging a meeting, setting up social media groups or other activities with anyone, is at your own risk. We are at no time responsible for or liable for any action you may choose to take under any circumstance.

 


GENERAL USER AGREEMENT

To be eligible to subscribe to and use our Services, you acknowledge and agree to the following:

  • You will not share your password or login details with any other person outside of the Subscriber and you will keep your contact, payment and other information updated;

  • You warrant that all information you provide is true, correct, up-to-date and accurate;

  • You will not transfer, sublicense or grant access to any of our Services to any other person, company or business except as agreed in these Terms;

  • You will not invite or allow any other person to join or participate in any part of a Program or Service that is not an employee of yours;

  • You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages to the Website; and

  • You are responsible for and will ensure that your employees comply with these Terms including any restrictions or requirements we may impose for any Program or Services.



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:

 

  1. keep confidential and secure;
  2. not use directly or indirectly; and
  3. not disclose directly or indirectly,

all Confidential Information provided under these Terms or as part of the Services except:

 

  1. as required by law or any regulatory authority;

  2. with the express written consent of the party that provided the information;

  3. which the party using or disclosing the information or otherwise can establish is in the public domain (other than through a breach of these Terms by that party); or

  4. in the case of any proposed, threatened or potential emergency involving you, in which case we will only disclose the information to a qualified medical professional and/or agreed nominated individual such as a family member, guardian or friend.

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.


 

WARRANTIES

 

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:

 

  1. in providing the Services, we will comply with all applicable laws and industry standards;

  2. the Services will be provided to a high standard in accordance with best practice; and

  3. the scope of the Services will be limited to that agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in our sole opinion, it would benefit you or be required to meet the requirements of these Terms.

You may request a refund under the ACL in writing including reasons for the request.




DISCLAIMER


You acknowledge and agree that:

 

  1. results of the Services will vary from individual to individual as performance, progress and success of any particular part of the Services are dependent on your own situation and participation, and other factors beyond our control;

  2. we cannot and do not guarantee any particular or any results including but not limited to any increase or improvement in business, income, performance, productivity, employment, relationships, or success;

  3. you are solely responsible for your own progress;

  4. if at any time during the Services you feel that your progress is not as expected, it is your responsibility to advise us immediately of any concerns in order to give us an opportunity to address the concerns and assist you. We will use reasonable efforts to resolve the concerns, however at no time do we guarantee or warrant any increased or altered progress or performance;

  5. the information in our Programs or Materials are for general information and educational purposes only. Nothing contained in the Programs or Materials are, or are intended to be, construed as advice. We are only providing you with techniques, tools, information, insights and educational material to assist you in your personal life and business. You need to decide what may work best and is suitable for your own personal or business needs. We do not have your personal information, your individual, business or any particular situation in mind when we provide this information and any content. It does not constitute nor should it be treated as formal advice of any type or nature. You need to make your own enquiries and analysis to determine if any of the information is suitable for your own particular purposes and suitable for your situation;

  6. you take full responsibility and risk for making any decision based on information in our Programs or Materials. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained in our Programs or Materials and all such liabilities are expressly disclaimed;

  7. content presented in the Programs and Materials are obtained from sources believed to be reliable and are given in good faith but their accuracy and completeness are not warranted, nor do we accept responsibility arising in any other way for the data or information, including but not limited to negligence, errors or omissions. Your use of the information is entirely at your own risk and any reliance on the information should be your own decision or done with the help of a professional advisor;

  8. from time to time we may promote products or services that may be relevant, helpful or related to our Services. We may receive an affiliate commission for doing so which does not impact or affect the cost or pricing provided to you; and

  9. we make no representation that the operation of the Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.


DISPUTES

 

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.


 

INTELLECTUAL PROPERTY

 

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.


FORCE MAJEURE

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.


SEVERANCE

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.



GOVERNING LAW
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.