Terms & Conditions
Effective Date: 03/04/2023
Welcome to https://www.thecreativemarketingco.com.au/ (site).
This site is owned and operated by The Creative Marketing Co. trading as The Creative Marketing Co (referred to in these terms as “[The Creative Marketing Co”, “we”, “us”, and “our”). Please take the time to read the terms of use that apply to your use and enjoyment of our site and the content made available to you via our site and our social media channels (“Terms”). These Terms, together with our Privacy Policy, apply to all site visitors, subscribers, customers, and other users of the site (“user”, “you” and “your”).
CONSENT TO SITE TERMS
By accessing and using our site, our social media channels and any other materials made available to you or provided to you on our site (whether available for purchase or not), you are taken to accept our Terms.
CHANGES TO THESE TERMS
We reserve the right to change or modify these terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our site. It is your responsibility to review these terms prior to use and periodically throughout your use of our site, products, service and content. If at any time you choose not to accept these terms, you should not use our site.
Your continued use of our site is deemed acceptance of any modifications or amendment of these terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you are uncertain about the terms or anything else on our site, please don’t hesitate to contact us before proceeding with any purchase or booking.
INTELLECTUAL PROPERTY
Our site, products and service contain intellectual property owned by us and/or by third parties that licence the content to us (“Third-Party Licenced Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images. designs, text, videos, audio files, graphics, other files, and software (“content”). Your access to, and use of our site, products (including digital products), service and content does not grant or transfer any rights, title or interest to you in relation to any of the above.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our site, products, service, content, intellectual property or Third-Party Licenced Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our site, products, service, and content, without refund, if you are found to be violating these Terms.
Limited Licence
Where you download or purchase our Digital Products (including checklists, guides, ebooks, workbooks, video or audio content), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or service to you at any time for any reason.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.
LINKS TO OTHER WEBSITES
Our site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those websites. It’s up to you to decide if those websites and their content are suitable and appropriate for you.
PRIVACY
These terms also include our Privacy Policy. By using our site, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.
DIGITAL PRODUCTS
Where you download or purchase our digital products, you are granted a non-exclusive, non-transferable, limited licence to access and use the digital products for your own personal use. You may not assign or transfer the digital products to any other person without our express written consent. We reserve the right to refuse to provide the products to you at any time for any reason.
After payment for your digital product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the digital product after it has been downloaded.
Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the digital products in any manner whatsoever except as authorised by us.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and service Tax (GST) (as applicable). The prices indicated on the site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated.
We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service.
We may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer the option to pay for our products and/or service by credit card or such other method of payment as indicated on our site. You acknowledge and agree to make timely and full payments to us for the products and/or service purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to our products or service.
CANCELLATIONS
We reserve the right to postpone or cancel services, or reschedule them at a mutually convenient time, for any reason. If the service has been cancelled by us and not rescheduled, we will refund the fees paid for the cancelled portion of the service.
Should you need to cancel any part of our service for any reason, or you wish to reschedule the service, but we are unavailable on the new date, you acknowledge that you will be liable for an additional fee.
When you cancel the service, you must notify us via our nominated email address 14 days prior to your scheduled appointment. If at least 14 days written notice is not provided, you will not be entitled to a refund and may incur a cancellation fee. You may also be unable to reschedule the service.
If you have cancelled the service and provided the requisite notice, you can either suspend the service for a maximum of 3 months; or obtain a refund on the service that is yet to be used, which may incur a cancellation fee.
You acknowledge that we are not responsible for any breach of a third-party contract or any supplier contract to the service, including to the extent that this means the service may not proceed.
Where a force majeure event necessitates that any part of our service be cancelled or postponed, you acknowledge that we will not be responsible for any loss or damage incurred as a result.
REFUNDS FOR SERVICES
You will only be entitled to a refund at our sole discretion or where we determine that we are unable to perform the service for any reason. You acknowledge that you do not obtain the right to a refund where you have changed your mind, or you insist on our service being performed in a way that is against our advice.
Where you have paid a deposit for our service, you acknowledge that this payment is non-refundable and non-transferable regardless of whether the service goes ahead.
Refunds in lieu of money (such as credit for other services) may be offered to you at our sole discretion.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our site, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our site, products and services, as it helps us to improve our site and our products and services. Through the use of our site, you may be invited to submit a review, and you can also comment on our blog or other parts of our site or interact with us via our social media channels. We love to hear from you!
Where you do decide to submit such feedback or comments, you:
warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);
give us permission to post or otherwise use that feedback on our social media or other channels;
waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with;
warrant that any content provided does not violate these Terms; and
warrant that you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains:
libellous or otherwise unlawful, abusive or obscene material;
personal attacks on our employees or another contributor;
material that discloses your personal information; or
Information that is unrelated to the post or content that you have reviewed or commented on.
Our site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.
TESTIMONIALS
On our site, we present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or service for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or service will achieve the same or similar results.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
PROHIBITED USE
In addition to any other prohibitions, you must not, under any circumstances, use the site or its content:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, or state regulations, rules, laws, or local ordinances;
to attempt to change, remove, deface, hack or otherwise interfere with our site or any material or content displayed on the site;
to hack into any aspect of the site, corrupt data, or cause annoyance to other users;
to infringe upon any other person’s proprietary rights;
to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
to attempt to affect the performance or functionality of any computer facilities of or accessed through our site.
WARRANTIES AND DISCLAIMERS
This site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our site and/or our products or services including that:
they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses; however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our site and/or our products or service; your inability to access our site, interruption or outage of our site or the fact that content on our site or in our service is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
ASSIGNMENT
We are permitted to assign, transfer and subcontract our rights and/or obligations under these terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these terms.
ENTIRE AGREEMENT
These terms (together with our Privacy Policy, additional terms and disclaimers) constitute the entire understanding and agreement between us and you in relation to your use of our site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our site and your use of our site.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of NSW, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of NSW, Australia. Opt Out. Privacy Shield participant.
Category of personal data collected according to CCPA: internet information.
This processing constitutes a sale based on the definition under the CCPA. In addition to the information in this clause, the User can find information regarding how to opt out of the sale in the section detailing the rights of Californian consumers.
THE RIGHTS OF USERS
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
DETAILS ABOUT THE RIGHT TO OBJECT TO PROCESSING
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
HOW TO EXERCISE THESE RIGHTS
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
ADDITIONAL INFORMATION ABOUT DATA COLLECTION AND PROCESSING
LEGAL ACTION
The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services.
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
ADDITIONAL INFORMATION ABOUT USER'S PERSONAL DATA
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.
SYSTEM LOGS AND MAINTENANCE
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.
INFORMATION NOT CONTAINED IN THIS POLICY
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
HOW “DO NOT TRACK” REQUESTS ARE HANDLED
This Application does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honour the “Do Not Track” requests, please read their privacy policies.
CHANGES TO THIS PRIVACY POLICY
The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within this Application and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
DEFINITIONS AND LEGAL REFERENCES
PERSONAL DATA (OR DATA)
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
USAGE DATA
Information collected automatically through this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilised by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilised to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilised by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
USER
The individual using this Application who, unless otherwise specified, coincides with the Data Subject.
DATA SUBJECT
The natural person to whom the Personal Data refers.
DATA PROCESSOR (OR DATA SUPERVISOR)
The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.
DATA CONTROLLER (OR OWNER)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
THIS APPLICATION
The means by which the Personal Data of the User is collected and processed.
SERVICE
The service provided by this Application as described in the relative terms (if available) and on this site/application.
EUROPEAN UNION (OR EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
COOKIES
Small sets of data stored in the User's device.
LEGAL INFORMATION
This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).
This privacy policy relates solely to this Application, if not stated otherwise within this document.
Latest update: March 22, 2023