TERMS & CONDITIONS

Welcome to behindthebrands.com.au (our Site).   

 

Our Site gives you an opportunity to browse and purchase services offered by GLOSS DIGITAL PTY LTD (ACN 601 049 665) trading as Behind the Brands (we, us, our).

 

These Terms and Conditions (Terms) govern your use of our Site, and our services, and form a binding contractual agreement between us, and you.

 

These Terms are important and should be read carefully.  Any questions about these Terms must be directed to us in writing at megan@behindthebrands.com.au before using our Site, engaging our services.

 

Our services are intended for users aged 18 and over. 

 

Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.  You confirm you have not entered into these Terms on the basis of any representation that is not expressly incorporated into these Terms.

ACCEPTANCE OF TERMS

By browsing, accessing, downloading, purchasing or using the services offered on our Site, whether or not you engage our services, you acknowledge that you have read and understood these Terms and agree to be bound by them.

VARIATIONS TO TERMS

We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.

 

In that event, we will provide notice of the variation by publishing the updated Terms on our Site.

The updated Terms will be taken to have effect on the date of publication.

Your continued use of our services, and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.

Should you object or disagree to any changes in the Terms, you must immediately discontinue your use of the services.

PRICES

All prices for our services are in Australian Dollars (AUD).

 

All prices are exclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.

 

All prices are subject to change without notice.

 

We reserve the right to modify, cancel and limit any proposal or work at any time.

PAYMENT

Payments are due and payable at the time specified on the Site. Monies that remains outstanding by the due date will incur late payment fee of $5.

 

All fees must be paid into the bank account nominated by us or by any other means specified by us.

 

You must pay us all fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services provided.

 

Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:

 

You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.

 

If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.

 

Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.

 

We reserve the right to suspend or terminate any service, at our discretion, if payment is not made on time.

 

We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

 

If debt collection proves necessary, you agree to pay all fees incurred by that process.

 

We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.

 

In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our services.

DIRECT DEPOSIT

If payment is made via a direct debit arrangement, you irrevocably authorise us to debit the fees during the term from your nominated bank account/credit card/debit card (“Account”), on or about the due date for payment without notice to you.

 

You must ensure that the Account details are up to date at all times and you must notify us in the event that the details are no longer current and provide replacement details.

 

You also irrevocably authorise us to deduct all other fees and charges payable by you to us under these Terms from your nominated Account.

 

You warrant that you are the owner or has the right to use any Account details provided to us.

 

Default charges will apply in the event that you stop the authority to charge on your Account without acceptance by us. Insufficient funds in your Account will also attract a fee. Such default and other fees will be outlined in your separate agreement with the billing service provider.

RIGHT TO SUSPEND, TERMINATE AND REFUND

We reserve the right to suspend or terminate your use of the Site or our services generally if you breach these terms, as determined by us in our sole discretion.

 

We may terminate at any time in our discretion at any time on giving you 60 days’ notice. The termination will take effect at the end of the billing period during which the notice period expires.

 

You may terminate at any time on giving us notice and the termination will take effect at the end of the then current billing period. For example, if you give notice on 7 December and your billing period ends on 15 December, termination will take effect on 15 December.

 

No refunds will be provided.

CONFIDENTIALITY

We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our services, you agree to respect the same rights of the other services participants (Participants) and representatives of ours. You agree:
  • That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
  • Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
  • That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
  • That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence. You agree that you must:
  • only use the Confidential Information in accordance with the instructions provided by us in writing;
  • not reproduce or record or make any notes of any Confidential Information except as permitted;
  • not allow or assist any other person to disclose, use, publish or release the Confidential Information;
  • put in place and maintain adequate security measures to protect the confidentiality of the Confidential Information being no less stringent than a reasonable person in your position would use with respect to its own confidential information including.
  • taking reasonable steps to keep the Confidential Information within its possession, power, custody and control;
  • taking reasonable steps to ensure the proper and secure storage of the Confidential Information; and
  • taking reasonable steps to protect the Confidential Information from unauthorised access, disclosure or use, or loss, damage or destruction; and
  • copy, duplicate or adapt any of all of the Confidential Information or create other works from the Confidential Information without the prior written consent;
  • not use or disclose to a third party any aspect of the Confidential Information for any purpose whatsoever.

COPYRIGHT AND TRADE MARK NOTICES

All material on this Site, or otherwise delivered by us via our online membership services, including but not limited to templates, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it.  Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.  You confirm you will not copy or republish Our Content anywhere in the world or share it with any person.

 

You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

 

The trade marks, logos, and service marks displayed on our Site to denote our brand are either registered or unregistered trade marks of us (our Marks). Our Marks, whether registered or unregistered, may not be used in any way whatsoever.

 

Nothing contained on this Site nor any other information we provide to you should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.

 

You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

 

WARRANTIES

You warrant that:
  • you have not given permission to any third party to use any of the Intellectual property, nor any of the Intellectual Property Rights in the Intellectual property; and
  • you are not aware of any use by any third party of any of the Intellectual Property or Intellectual Property Rights in the Intellectual Property.

GENERAL DISCLAIMER

We offer a number of services on our Site from time to time.

 

You acknowledge and agree that each service or product offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into with you and us for those services.

 

All our services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the services, purports to offer legal, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.

 

We provide support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.

 

Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

 

You acknowledge and agree that we, our directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

FINANCIAL RESULTS AND PROFITABILITY DISCLAIMER

We cannot and do not make any guarantees about your ability to achieve results or earn any income with our content, ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any income as a result of your purchase of our services.

 

Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.

 

Our services are educational, consultancy and coaching based only and the extent of any results to be attained by you whether for your own personal or professional development is dependent upon you solely.

 

We provide coaching and education, by supplying content, information and providing support, guidance and tools for  clients  e. you, to set goals, determine priorities and achieve results, but any decisions made, and the consequences that flow from those decisions, is your sole responsibility.  Your success depends on many factors, including your own commitment, dedication, desire, and motivation, your dissemination and application of our education and training  to your own circumstances or to that of the business you are in the employ of, considering your own personal and professional development, or your capabilities, and the general economic climate.

 

We cannot and do not make any guarantees about your ability to obtain personal or business results or improve business profitability in connection with our services, particularly arising from our coaching, courses, education, content, training, ideas, information, publications, templates and tools. You acknowledge that there is inherent uncertainty in any personal and professional development, professional enterprise and revenue generating activity and agree there is no guarantee that personal and professional development, efficiency, productivity or profitability will improve or increase as a result of your use and supply of our services.

SERVICES DISCLAIMER

All of our services are intended for general personal and business coaching, consulting, educating and training, as well as the generation of business branding for businesses and individuals. Our coaching and educational services are primarily in the form of education and training modules, or otherwise as facilitated through meetings, generated according to proforma packages or customised work for you as outlined by our online terms and conditions of use, and contract entered into with us. Any template or pro-forma packaged bundle services, information, guidelines, forecasts and recommendations made by us in relation to our services are made on the basis of information that was available to us at the time.

 

Nothing on our Site, or any of the content provided to you by us in the supply or in connection with our services, purports to offer any legal, financial, business, information technology or other professional advice. You acknowledge and agree that we are strategy and insights consultancy professionals first and foremost, and that we aim to teach skills and equip you with tools and templates for your own navigation, implementation, development and use. Before acting on any recommendations and information you receive in connection with our services you acknowledge and agree to seek such other independent professional advice as required. 

 

We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations and information supplied in connection with our services and in accordance with this Site and further acknowledge and agree that the indemnities under clause 15 are considered reasonable.

 

We are not a legal or financial services provider and cannot provide any legal or financial advice or business advisory services relative to the suitability of our services. You are solely responsible for determining whether our services are suitable for use in accordance with any laws and regulations that govern you, your employ within a business, and your employer’s industry.

LIABILITY IS LIMITED

We provide the Services on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in this agreement to the maximum extent permitted by law.

 

Without limiting the generality of the above clause, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, Loss, delay or inconvenience caused directly or indirectly by:

 

  • your access and use of the Services;
  • your participation in the Program;
  • your reliance on the Services and any information given; and
  • any event which is beyond our control.

 

Subject to the other terms of this clause, our maximum aggregate liability to you in any 12-month period for any loss or damage or injury arising out of or in connection with the supply of goods or services under this agreement, including any breach by us of this agreement however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under this agreement in the 12-month period preceding the matter or event giving rise to the claim.

 

Nothing in this agreement is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision or any liability of we in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

 

If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at the option of ours to the resupply of the Services or the payment of the cost of resupply.

 

Subject to the other terms of this clause, we excludes any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this agreement, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.

 

This clause applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement.

 

In this clause “ACL” means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

FORCE MAJEURE

Neither party shall be held liable or responsible to the other party for failure or delay in fulfilling or performing any obligation under any Agreement to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of such party including but not limited to any Act of God, terrorism, war, acts of war (whether war be declared or not), insurrections, embargoes, riots, civil commotions, act of civil or military authority, uprising, fire, floods, earthquake, or any other natural or man-made eventuality outside of our control.

YOUR INDEMNITY

You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Our Community or through use of our services.

NO DISPARAGEMENT

At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our Services nor any statement that is false and does or has the tendency to damage our reputation of by any method including on social media anywhere in the world.

YOUR OBLIGATIONS

You must provide us with all the relevant requested information and documentation in a timely manner and within any time frames required for us to complete our work. When providing our services, we may request that you provide us with responses, feedback, completed questionnaires, copy content, images and other information so we can best deliver our services. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in information not being provided by us to you. When using our services, you may be given access to Facebook groups, other online or in person forums or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or Our Community any of the following:
  • Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
  • Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
  • Information that includes personal or identifying information about another person without that person’s consent.
  • Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
  • Any information or content that impersonates any person or entity.
  • Any material, non-public information about companies without authorisation to do so.
  • Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
     By posting or otherwise publishing Your Content on our Site or Our Community, you:
  • Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
      • Warrant that you have the right to grant the above licences;
      • Warrant that Your Content does not breach these Terms; and
      • Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

CODE OF CONDUCT

Our Site is a respectful space for learning and is a pitch-free, solicitation-free and sales-free environment.

 

Whilst using this Site we ask that you not:

 

  • Contact anyone who has asked not to be contacted.
  • Collect personal data about other users for commercial or unlawful purposes.
  • Infringe other user’s privacy rights.
  • Violate the intellectual property of others.
  • Post anything that contains software viruses, worms or any other harmful code.
  • Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.

 

Please see our Community Guidelines in the appendix to these Terms for more information.