TERMS & CONDITIONS
These General Terms of Business apply to all Services carried out by the Company, unless specifically varied in accordance with the provisions set out herein.
In these General Terms of Business:
Agent means any person appointed by a Client as agent, advisor or other intermediary for that Client and who interacts with the Company on behalf of the Client in connection with the Services provided, or to be provided, by the Company to that Client;Company means Coastal Social Club; Client means any person or persons to whom the Company has agreed to provide services and who is, or are, named as such in any Service Agreement Terms; Service Agreement Terms means any terms agreed between a Client and the Company under which the Company is instructed to provide services to the Client; Project means the Services provided to a Client;
Privacy Notice means the privacy notice available online at http://coastal-social.club/privacy-policy and Services means, in respect of any Client, the services specified from time to time in any Service Agreement Terms between the Company and the Client.
By using the Site or accessing or purchasing any products or services, you warrant that you:
are over 18 years of age and have the legal capacity to enter into a legally binding contract;
have read and accepted these Terms; and
will comply with these Terms.
The Company offers branding design and content packages, creative content service bundles as well as single bespoke packages. The Company shall provide the Services in respect of any Client in accordance with the Service Agreement Terms with that Client.
The Company reserves the right to choose the appropriate members of the Company to provide the Services for a Client.
If any Client comprises more than one person, the obligations of those persons to the Company under the Service Agreement Terms with those persons are joint and several.
Our Site, products and services contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed 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), services 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, services, Content, Intellectual Property or Third-Party Licensed 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, services, and Content, without refund, if you are found to be violating these Terms.
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 services 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.
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.
PROVISION OF SERVICES
Any engagement of the Company to provide any Services is subject to:
compliance with the Company’s internal policies and procedures; and
receipt of any requested payment on account of any fees and/or disbursements of the Company.
The Company reserves the right to not accept instructions without providing any reason.
FEES AND EXPENSES
Fees payable by a Client for the Services shall be as set out in the Service Agreement Terms between the Company and that Client. All Services carried out by the Company are subject to GST (where applicable) at the current rate.
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 services 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 services 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 services.
Unless otherwise stated in any Service Agreement Terms, invoices will be rendered upon completion of a Project. Payment will be due within 30 calendar days of receipt of the invoice by the Client. The Company reserves the right to make a surcharge of 50% per month, from the date when the payment becomes due, up to and including the date of actual payment.
The company reserves the right to require a deposit payment from any Client. If applicable, the deposit must be paid prior to the Company undertaking any Services for that Client. The deposit will equate to 50% of fees set out in the Service Agreement Terms between the Company and that Client. The deposit must be paid in full before the Company commences the Services and is non-refundable. If a deposit is paid, the remaining 50% of fees payable by the Client will fall due upon completion of the Project and within 30 calendar days of receipt of the final invoice by the Client.
All fees and other charges must be paid in Australian Dollars unless otherwise stated in the Service Agreement Terms between the Company and the Client.
In the case of more than one Client, or where the fee is to be allocated between Clients, the instructing Client shall be responsible for procuring payment of all fees and any sums due under the Service Agreement Terms, but each client shall remain jointly and severally liable for the payment in total.
If a Client fails to pay the fees and disbursements of the Company when due, the Company may, subject to any law or regulation, cease to act for the Client pending payment in full or terminate all or any part of the Service Agreement Terms between the Company and that Client. Each Client shall promptly on demand indemnify the Company against all liability to any third party of the Company in carrying out any Services for that Client (notwithstanding any termination of any Service Agreement Terms).
To the extent that the Company has, on behalf of the any Client, instructed a third party in connection with the provision of any Services to that Client:
that Client shall be solely responsible for the fees and expenses of such third party; and;
provided the Company has exercised reasonable care in selecting such third party, the Company has no responsibility to that Client or any other person for any act or omission of such third party.
Upon completion of a Project, the Company shall not be held responsible financially or otherwise for any errors relating to print, editing or any end product.
It is the responsibility of the Client to ensure that all materials, including but not limited to images, diagrams, logos, videos data as well as intellectual property in other media that are supplied to the Company by the Client, have the relevant copyrights, licences and permissions for use in the commissioned projected.
The Company will not accept responsibility or liability for infringements caused by any wrongly supplied materials.
The Company cannot guarantee any Client exclusivity of any social media marketing concept, strategy, design or other intellectual property provided. The Company will not accept liability for any alleged claim from any Client or any third party as the result of unintentional similarity in part or whole of a third party’s copyright protected or registered trademark or brand identity, colour usage, strapline, image style, social media content, video product, product or otherwise.
The Company is not liable for any failure or delay in providing any Services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government emergency on a major scale or any social disturbance of extreme nature such as an industrial strike, riot, pandemic, terrorism and war or any act or omission of any third party services.
The Company is not liable for any consequences of financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings relating to the Services provided to a Client. The Company endeavours to provide the Services within given delivery time scales to the best of its ability. However, the Client agrees that the Company is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
All creative, digital, software files and related correspondence produced during a Project remain the property, physically and intellectually in copyright of the Company until full payment has been satisfied on the Client’s account and all Project costs have been cleared.
It remains the Client’s responsibility thereafter, to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company.
The Company reserves the right to use both initial creative concepts and the final approved work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested or agreed with the Client.
The Company may communicate with each Client (and any Agent of that Client) in writing, by telephone and/or by email and the Company accepts no liability for any data corruption, interception, computer viruses or similar issues, which may arise from that correspondence.
The Company is entitled to accept instructions on behalf of a Client from any person believed by the Company (acting reasonably) to be acting on behalf of that Client or as the Agent for that Client.
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.
LOSS, DAMAGE OR DESTRUCTION
Unless otherwise expressly agreed in any Service Agreement Terms, documents and other items held by the Company on behalf of a Client will be held at that Client’s risk and the Company accepts no liability arising from their loss, damage or destruction.
The Company is entitled to:
retain (and take copies of) documents in the possession of the Company as a result of providing any Services (notwithstanding any termination of any Service Agreement Terms); and
destroy any documents held by the Company pursuant to any Service Agreement Terms from the date falling 1 year after the earlier of completion of the Services specified in those Service Agreement Terms and termination of those Service Agreement Terms.
CONFLICTS OF INTEREST
Each Client acknowledges that the Company may act for any person on any Project including any Project which may be adverse to the interests of that Client and/or related party of that Client and each Client expressly waives any right to request the Company not to act, or to cease acting, in those circumstances.
DATA PROTECTION AND CONFIDENTIALITY
The Company is committed to ensuring client data is kept confidential and held in accordance with data protection legislation.
The personal data the Client provides to the Company will be processed in line with the Privacy Act 1988 (Cth) (Privacy Act) which includes the Australian Privacy Principles (APPs) as well as the Information Privacy Act 2009 (Qld).
The Privacy Notice applies to the Company and details how the Company processes data and the rights of individuals in respect of their data. Each Client should ensure that the Privacy Notice is provided to any individuals whose personal data is provided to the Company by the Client and the Client is satisfied that there is a legitimate basis under any applicable data protection legislation for providing such personal data to the Company.
The Company’s Privacy Notice may be updated from time to time and can be found on its website at http://coastal-social.club/provacy-policy
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.
INFORMATION AND ADVICE
Our Site contains content, including digital products, blog articles, and other information, that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or through our products and/or services.
We do not accept responsibility for determining whether our products and/or services are appropriate for you. We reserve the right to deny service and refund the cost of that product and/or service for any reason, including where we believe that the product and/or service would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.
Any reference to other products or services, programs, courses, processes or other information appearing on our Site does not constitute or imply our endorsement, sponsorship or recommendation in any way.
On our Site, we present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services 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 services 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.
A Client should raise any concerns or complaints with the provision of any Services to that Client with the creative of the Company responsible for providing those Services. To the extent that Client has any further concerns or complaints, these should be raised with the Founder and Lead Creative of the Company (whose details can be found at www.coastal-social.club
VARIATION OF TERMS
The Company reserves the right to vary these General Terms of Business at any time without notice. Failure to receive notification of a change does not make those changes invalid. If there is any variation to these General Terms of Business, the Company will publish those revised terms at www.coastal-social.club.
Any Client (or Agent on behalf of that Client) or the Company may, on reasonable notice to the other, terminate all or any part of the any Service Agreement Terms between the Company and that Client.
The Company may terminate the Service Agreement Terms between the Company and a Client at any time without penalty and without notice, if that Client fails to comply with the Service Agreement Terms or the intellectual property protections applicable to any Services provided by the Company to that Client.
Upon any such termination, the Company reserves the right to invoice that Client for the amount of work the Company assesses to be proportional to the Services provided to that Client, any further compensatory charges for booked design or content creation time and any other supply costs accrued.
We reserve the right to postpone or cancel the Services, or reschedule them at a mutually convenient time, for any reason. If the Services have been cancelled by us and not rescheduled, we will refund the fees paid for the cancelled portion of the Services.
Should you need to cancel any part of our services for any reason, or you wish to reschedule the services, but we are unavailable on the new date, you acknowledge that you will be liable for an additional fee.
When you cancel the Services, 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 Services.
If you have cancelled the Services and provided the requisite notice, you can either suspend the Services for a maximum of 3 months; or obtain a refund on the Services that are 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 services, including to the extent that this means the services may not proceed.
Where a Force Majeure event necessitates that any part of our services be cancelled or postponed, you acknowledge that we will not be responsible for any loss or damage incurred as a result.
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.
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 services 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 services being performed in a way that is against our advice.
Where you have paid a deposit for our services, you acknowledge that this payment is non-refundable and non-transferable regardless of whether the services go ahead.
Refunds in lieu of money (such as credit for other services) may be offered to you at our sole discretion.
Where you elect to enter into a one-on-one arrangement with us, we will issue you with a Services Agreement (Additional Terms) that incorporates terms and conditions separate to these Terms. These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.
GOVERNING LAW AND JURISDICTIONAll
Terms shall be construed in accordance with and governed in all respects by the laws of Queensland, 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 Queensland, Australia.