TERMS OF SALE FOR PURCHASES OF SERVICES AND DIGITAL CONTENT

THE CLEVER COPYWRITING SCHOOL – TERMS OF SALE FOR PURCHASES OF SERVICES AND DIGITAL CONTENT

1. What these terms cover

These are the terms and conditions (“Terms”) on which we supply our services and digital products to you. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide services and digital products to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss prior to making your order.

These Terms set out the conditions on which we supply any of the following services or digital products to you via our website or through any other platform or software which we may utilise:

(a) digital downloads or streaming of audio products to your computer or mobile device;
(b) digital downloads or streaming of video products to your computer or mobile device;
(c) digital downloads of supporting materials;
(d) live and recorded coaching and mentoring services;
(e) subscription to our digital membership community;

collectively “the Services”.

2. Who we are and how to contact us

We are Stay Tooned Pty Ltd, whose registered address is in Umina Beach, New South Wales (“we / us / our”). To contact us, please email us at admin@clevercopywritingschool.com

3. Our contract with you

These Terms apply to the order by you and supply of Services by us to you and create the contract between us (“Contract”). To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing. This Contract is the entire agreement between you and us in relation to the Services. You acknowledge and agree that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in this Contract.

When buying any Services from us, you also agree to be legally bound by:

(a) our Acceptable Use Policy, set out at the end of these Terms;
(b) our Website Terms and Conditions and any documents referred to in them;
(c) our Privacy Policy and any documents referred to in it.

4. Placing an order and its acceptance

You place an order for the Services by adding the Service to a shopping cart. Once you are ready to purchase, you will enter your name, email address and payment details. To purchase the Service, you must click the “Place Order” button. When you click the “Place Order” button, you understand and agree that you will be charged for the Service(s) via the payment details you have provided.

Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. Before you place your order, you must check that the hardware and software requirements of your computer or device mean that you can download or access the Services.

Our acceptance of your order takes place when we send an email to you to accept it (“Order Confirmation”), at which point and on which date the Contract between you and us will come into existence. The Contract will relate only to those Services included in the Order Confirmation.

If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.

5. Charges and Payment

The charges for the Services will be the price indicated on the order pages when you placed your order on our website (“Charges”). We use our best efforts to ensure that the Charges for the Services advised to you are correct. However please see below for what happens if we discover an error in the Charges for the Services you order. The Charges for the Services are in Australian dollars ($AUD), and are inclusive of goods and services tax (“GST”).

We accept payment with debit and credit cards. When purchasing Services, you must pay for them:

(a) at the time of ordering them, if it is a purchase of one-off Services, or an annual payment for ongoing Services, or a subscription to receive Services; or
(b) on the monthly billing date or the annual billing date as advised to you in your Order Confirmation, if it is a purchase of ongoing Services, or a subscription to receive Services paid for on a monthly, half-yearly or annual basis; or
(c) on the scheduled payment periods as advised to you in your Order Confirmation, if you choose a payment plan for your purchase of one-off Services, ongoing Services or a subscription to receive Services.

By purchasing ongoing Services or a subscription to receive Services, you acknowledge and agree to being charged an ongoing recurring fee charged at regular intervals depending on which payment plan you have chosen, which will be automatically deducted from your chosen credit card, debit card or bank account. This ongoing recurring fee will continue to be deducted, without further consent from you or notice from us, until such time as you or we cancel the Contract between us.

By purchasing Services on a payment plan, you acknowledge and agree to being charged an ongoing recurring fee charged at regular intervals depending on which payment plan you have chosen, which will be automatically deducted from your chosen credit card, debit card or bank account. This ongoing recurring fee will continue to be deducted, without further consent from you or notice from us, until such time as the payment plan is complete, you or we cancel the Contract between us.

It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

We will do all that we reasonably can to ensure that all of the information you give us when paying for the Services is secure by using a secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Terms or our Privacy Policy, or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

6. Cancelling your order

If you are ending the Contract for a reason set out at (a) to (e) below, the Contract will end immediately and we will refund you in full for any Services which have not been provided. The reasons are:

(a) we have told you about an upcoming change to the Services or these Terms which you do not agree to;
(b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Services may be significantly delayed because of events outside of our control;
(d) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the Contract because of something we have done.

You may also cancel the Contract between us within fourteen (14) days of the date of your purchase of the Services, or the date when you make your first payment for the Services, whichever occurs first. On receiving your notice to cancel the Contract between us, the Contract will end immediately, and we will refund you in full for the Charges you have paid for the Services.

To cancel the Contract, you can email us at admin@clevercopywritingschool.com with the details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email.

If you are entitled to a refund under these Terms we will refund you the Charges you paid for the Services by the method you used for payment. Your refund will be made within 14 days of your notifying us that you want to cancel the Contract.

Where you have agreed to pay a monthly fee or an annual fee for ongoing or subscription Services, you can cancel your Contract at any time using the methods set out below. You must let us know of your intention to cancel the Contract at least seven (7) days before the next billing date for which you are scheduled to pay the monthly fee or the annual fee for subscription Services. If you do not provide us with at least seven (7) days’ notice of your intention to cancel your Contract, you will be charged the next scheduled monthly fee or annual fee in accordance with these Terms.

Where you have agreed to pay a monthly fee or an annual fee for ongoing or subscription Services, you will not be entitled to a refund unless one of the reasons set out in the sections (a) to (e) above apply. Cancellation of your Contract for ongoing or subscription Services for any other reason will not entitle you to a refund.

Where you have agreed to purchase Services on a payment plan, you will not be entitled to cancel your payment plan for the Services, nor receive a refund for your purchase of the Services, unless one of the reasons set out in the sections (a) to (e) above apply. For an abundance of caution, you understand and agree that you will be required to complete all the payments of the payment plan, regardless of your desire to cancel the Services, unless one of the reasons set out in sections (a) to (e) above apply.

7. Our rights to end the Contract

We may end the Contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
(c) you violate these Terms or any other terms of use which apply to your use of or access to the Services;
(d) for any other reason at our absolute discretion.

If we end the Contract in the situations set out above we will refund you any sums you have paid in advance for Services which will not be provided. On cancellation of the Contract, we will immediately withdraw your access to the Services, any online spaces associated with the Services, and any platforms within our control on which the Services may be made available in any form.

We may write to you to let you know that we are going to stop providing the Services at any time and at our absolute discretion. We will let you know at least one (1) month in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.

8. Our Services

We will supply the Services to you in accordance with the timelines appearing on our website at the date of your order, or if no dates appear on our website, as otherwise advised to you. If the Services are:

(a) one-off Services, then we will begin providing the Services on the date agreed with you during the order process. The estimated completion date for the Services is as told to you during the order process;
(b) a one-off purchase of digital content, then we will make the digital content available for download or access by you as soon as we accept your order;
(c) ongoing Services or a subscription to receive Services or digital content, then we will supply the Services to you until either the Services or subscription are completed, or you or we end the Contract as described in these Terms.

If our supply of the Services is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any sums you have paid in advance for Services which will not be provided.

We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.

We may have to suspend the supply of a Service to:

(a) deal with technical problems or make minor technical changes;
(b) update the Service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Service as notified by us to you.

We will contact you in advance to tell you we will be suspending supply of the Services unless the problem is urgent or an emergency. If we must suspend the Services, we will adjust the Charges so that you do not pay for Services while they are suspended. You may contact us to end the Contract for a Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Service in respect of the period after you end the Contract.

You understand and agree that you will be entitled to download three (3) copies of each digital document made available as part of the Services. Once you have exhausted the permitted downloads of a particular document, you will not be entitled to download any further copies of that digital document, unless expressly agreed with us.

If you do not pay us for the Services when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not charge you for the Services during the period for which they are suspended.

This Services are provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Services. Although we make reasonable efforts to update the information contained within and in connection with the Services, we make no representations, warranties or guarantees, whether express or implied, that the content contained within and in connection with the Services is accurate, complete or up-to-date.

9. Access to the Services

For those who purchase the Services on or after 31 October 2023, your access to the Services will expire 12 months from the date of purchase.

For those who purchased the Services prior to 31 October 2023, your access to the Services will continue until such time as we advise you that we are closing any part of the Services, and their associated materials, in their current form (“Closing Services”). At that time, we will advise you that you will have access to the Closing Services for two (2) further years from the date of our announcement (“Additional Access Period”), after which time your access to the Closing Services will end. Please note that the Closing Services will not be updated or amended to reflect market changes during the Additional Access Period.

Early adopters of the Services may have purchased the Services when “Lifetime Access” was offered. At all times, the definition of “Lifetime Access” has been the period of time for which we own and control the Services and offer them for purchase and use via our website. The Services have never been offered in perpetuity, and we have at no time guaranteed the availability of the Services beyond the definition provided at the point of purchase.

10. Your obligations

You agree that you are 18 years old or older, and that you are legally able to enter into this Contract with us. Our website and our Services are intended for adults aged 18 years or older, and neither our website nor our Services are intended for anyone under the age of 18 years.

You agree that any information you provide to us is true, correct and accurate at the time of providing it to us. You understand and agree that we may not be able to provide the Services to you if you provide us with inaccurate information, or you do not update the information to ensure it remains accurate. We will not be responsible or liable for any delays or issues in the provision of, or relating to, the Services which occur because of us holding inaccurate information from you.

You agree that you are purchasing Services for your private, non-commercial use only. You further agree that you will not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any Services, or part of the Services, that you purchase through this website or from us unless agreed with us in writing.

You will keep the Services secure. You are responsible for ensuring that you do not lose, destroy, or damage any Services you purchase from us or through our website.

You are responsible for ensuring that any software or hardware you use to download and/or access the Services functions correctly with our website or any alternative platform on which we make the Services available. You acknowledge and agree that the provision of any and all technical requirements is your sole responsibility and is at your own cost.

You will keep any login details confidential. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

You acknowledge and agree that other participants may share personal and sensitive information, and you may have access to this personal and sensitive information in your time as a member of our community, or any groups associated with our community. Without reservation you agree to keep all matters shared in written, verbal, audio or visual format confidential and you agree to take all reasonable actions to ensure that the confidentiality of such information is protected and maintained.

You acknowledge and agree that any information you share in our community, or any groups associated with our community, is done so entirely at your own risk. We take no responsibility or liability for the release of any information by any members of the community or group.

Whilst we have utilised in creating the Services, and we will always in our dealings with you utilise, our best professional endeavours and skills, we do not guarantee any specific outcome from your use of the Services as any such outcome will vary based on the level of effort, engagement and implementation on your part. For an abundance of caution, you understand and agree that we do not guarantee that your use of or engagement with the Services will result in an increase in website traffic, business, potential clients or actual clients. You acknowledge and agree that any statements made by us regarding potential outcomes are opinions and are not binding on us. We may provide testimonials from previous clients, which are not to be relied upon to predict results in your specific situation. We may provide real-life examples or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation.

You agree that we are not and will not be liable or responsible for any of your actions, inactions, direct or indirect results in connection with the Services.

11. Intellectual property rights

We are the owners or licensees of all intellectual property rights in the website, and the Services you purchase, including any databases that hold relevant information about the website or its Services. These rights are protected by copyright or trade mark registration and you may only use the Services, or any part of them, in accordance with these Terms.

Upon payment of the Charges for any of our Services we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Services for your own personal, non-commercial use.

You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any Services, or part of the Services, that you purchase through this website or from us unless agreed with us in writing. To do so would be breaching our intellectual property rights, and we reserve our rights to take legal action if this occurs.

We are the owners or licensees of all intellectual property rights, including trade mark rights, in Kate Toon, Stay Tooned, and all associated branding. You may only use these branding elements as agreed with us in writing.

12. How we may use your personal information

We will use any personal information you provide in order for us to provide the Services, process your payment for the Services, and inform you about similar services that we provide, but you may stop receiving this information at any time by contacting us. Further details of how we process personal information are set out in our Privacy Policy, which is available on our website.

13. Limitation of liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to the Services.

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Contract, including any loss of profits, loss of sales or business, loss of production, loss of agreements or contracts, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation, or loss of use or corruption of software, data or information.

You acknowledge and agree that we are not legal, taxation, financial or marketing advisers and none of the information provided as part of or in connection with the Services should be deemed or taken as advice or advisory services. Any information provided as part of the Services is intended to provide general business education only and is not personalised or specialised advice on which you should rely. We strongly recommend you seek the services of competent legal, taxation, accounting and marketing professionals before taking any actions or making any decisions relating to your legal, taxation, financial or marketing liabilities, responsibilities or affairs. We will not be liable or responsible for any actions or decisions, or the impacts of any actions or decisions, taken in relation to your business.

You understand and agree that you may be exposed to content and materials that violate out Acceptable Use Policy, or for any other reason may be inappropriate, offensive or irrelevant to the Services. Please note that whilst we take all reasonable precautions to mitigate this risk, we do not guarantee or warrant that the Services, or any online space where we make all or part of the Services available, will be free from content or materials that violate out Acceptable Use Policy, or for any other reason may be inappropriate, offensive or irrelevant to the Services.

Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of all or any of the relevant provisions of the Australian Consumer Law or the Competition and Consumer Act 2010 (Cth) (“ACL”), or the exercise of a right conferred by the ACL, or any liability of ours in relation to a failure to comply with a guarantee that applies under the ACL to a supply of services.

14. Other important terms

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

This Contract is between you and us. No other person will have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

These Terms, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.

 

ACCEPTABLE USE POLICY

This Acceptable Use Policy sets out the content standards that apply when you upload content to our website or other online spaces, make contact with other users of our Services, link to our website, or interact with our website or other online spaces in any other way.

1. Prohibited Uses

You may use our website and Services only for lawful purposes. You may not use our website or Services:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“spam”);
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to access without authority, interfere with, damage or disrupt:

  • any part of our website or other online spaces;
  • any equipment or network on which our website or other online spaces are stored;
  • any software used in the provision of our website or other online spaces; or
  • any equipment or network or software owned or used by any third party.
2. Interactive Services

We may from time to time provide interactive services on our website or other online spaces, including, without limitation:

  • Chat rooms;
  • Bulletin boards;
  • Blog Posts;

(jointly the “interactive services”).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website or other online spaces, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

3. Content Standards

These Content Standards apply to any and all material which you contribute to our website or other online spaces (“Contribution”), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The Standards apply to each part of any Contribution as well as to its whole. We will determine, in our absolute discretion, whether a Contribution breaches the Content Standards.

Any Contribution you post will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by sharing any Contribution to our website or other online spaces, you grant us, our affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website or other online spaces constitutes a violation of their intellectual property rights, or of their right to privacy.

A Contribution must:
  • be accurate (where it states facts);
  • be genuinely held (where it states opinions);
  • comply with the laws applicable in Australia and in any country from which it is posted.
A Contribution must not:
  • be defamatory of any person;
  • be obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, design right, database right, trade mark or other intellectual property right of any other person;
  • be likely to deceive any person;
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be in contempt of court;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person;
  • give the impression that the Contribution emanates from us or our company, if this is not the case;
  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
  • contain any advertising or promote any services or web links to other websites.
4. Breach of this Policy

When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate. Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms upon which you are permitted to use our website and our Service, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our website, other online spaces, and the Services;
  • immediate, temporary or permanent removal of any Contribution uploaded by you to our website or other online spaces;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy and these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

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