Effective Date: 15 November 2019
Welcome to www.wildbrand.co (Site).
We would appreciate if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site.
CONSENT TO SITE TERMS
By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.
By using the Site, accessing or purchasing any products or services, you warrant that:
(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
(b) have read and accepted these Terms; and
(c) will comply with these 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 this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also may accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
The 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), including, without limitation, any content provided through our Creative Services and Brand Academy, course work, templates, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (Content). Your use of the Site, the Brand Academy, Creative Services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the Brand Academy, Creative Services or the Content.
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 the Site, our products and/or services or the Content, our Intellectual Property and 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 and services, Content, without refund, if you are found to be violating these Terms.
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 and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.
CREATING AN ACCOUNT
To place orders, purchase our Creative Services, join our Brand Academy or access some other features of the Site, you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure.
We reserve the right to suspend or cancel your account at any time, in our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at anytime without advance notice to you. If you’ve purchased one of our programs, courses (including the Brand Academy), Creative Services or other products and/or services, it will be charged at the price in force at the time a customer’s order is validated.
We reserve the right at any time to modify or discontinue the Creative Services, Brand Academy, any other products and/or services 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 Creative Services, Brand Academy, or any other products and/or services made available to you on our Site.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. 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 a mobile phone, tablet, desktop, laptop or any other computer 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.
INFORMATION AND ADVICE
The information provided in or through our Site, Creative Services, Brand Academy program, or any other mentoring, courses, products and/or services is intended to be for educational purposes only and is made available to you as a means of helping you help yourself. Under no circumstances should the content made available on our Site, through our Brand Academy, our courses, programs, products and/or services be relied upon as business, financial, or legal advice.
By referencing any products or services on our Site (including the Creative Services and Brand Academy), including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the Creative Services, Brand Academy or any other products or services. Further, you acknowledge and agree that we have not and do not make any representations as to the financial benefits, future income, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Site, Creative Services, the Brand Academy, or any other products and / or services made available from time to time.
In addition to any other prohibitions, you must not, under any circumstances use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site; (e) hack into any aspect of the Service; corrupt data; cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this 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, Creative Services and / or the Brand Academy, any other products or services made available from time to time, 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.
The use of the Brand Academy program, our products and/or services, requires personal choices and / or actions that are unique to the individual and any reliance on the content made available on our Site, through our Creative Services, Brand Academy, any other products and/or services are at your own risk.
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, the Creative Services, Brand Academy and /or any other products or services, your inability to access our Site, the Brand Academy, interruption or outage of our Site, the Brand Academy or the fact that content on our Site or in our Creative Services, Brand Academy or any other services 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).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
For our Creative Services, a deposit of [50%] of the total costs must be paid upon execution of an agreement between you and Wildbrand (Agreement), to secure the Creative Services and a time in our calendar for completion of those Creative Services. As we will have reserved our time, personnel and contractors (if applicable) to supply the Creative Services, the deposit is non-refundable and non-transferable in the event of a cancellation except in limited circumstances, see “Refunds” below.
Following payment of the deposit for the Creative Services, the remainder of the fees payable must be paid in accordance with the milestones set out in the Agreement. You may incur additional charges for late payment.
Where you have purchased one of our Creative Services, you are responsible for all payments including expenses incurred up to the time of cancellation, including any deposit paid.
Additional hours and expenses
Any hours worked in excess of the time set out in the Creative Services package you have chosen will be charged at the hourly rate specified in our proposal and as agreed in the Agreement you enter into with us. Any expenses we incur will be identified in the proposal and the Agreement we submit to you.
Timing of delivery of digital files and/or other content (including type of format) will be as specified in the proposal, our Agreement and as applicable to the type of package and/or service you have selected.
Cancellations and Refunds
Refunds of deposit will not be provided for a purchase of our Creative Services, unless:
- you cancel within 14 days of signing the Agreement and provide us with written notice of your cancellation within those 14 days (14 day cooling off period). In such circumstances, we will refund you the Booking Fee, less 25% being our administrative costs in quoting and preparing all the documents necessary to kick start your project.
- where we have had to cancel and cannot reschedule, in which case we will refund the deposit in full.
Custom payment plans
We want you to have the best experience with Wildbrand and we can tailor our packages and/or services to your particular needs, and can in certain circumstances, on a case by case basis agree custom payment plans, please contact us at email@example.com for any questions.
THE BRAND ACADEMY
Where you have selected to sign up to our three month Brand Academy program, the terms set out below (Additional Terms) will apply in addition to the general Terms set out herein.
When you sign up to the Brand Academy program, you are expressly agreeing to be billed on a recurring basis for a period of three months using the payment method provided during your registration. Initial payment will be due upon registration with the balance to be paid in 2 instalments on the monthly anniversary of the date you sign up.
All subscription costs are fully earned upon registration as you will be provided with immediate access to the key aspect of the course content. Payments are non-refundable.
Our role is to support and assist you in reaching your goals, we cannot guarantee that undertaking any coaching, participating in any programs, courses or using our products and/or services you access through the Brand Academy will ensure success. Any success you gain, will be dependent on your own efforts, commitment, motivation and intent to follow through. Under no circumstances, can we guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person. Each person’s individual success is completely dependent on their background, dedication, drive and motivation to succeed as well as many other additional factors. You acknowledge and agree that when you purchase any program, participate in any coaching or purchase a product and /or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on our Site or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.
We provide programs, courses, products and services on our Site and through our Brand Academy to accurately represent the information provided. By participating in the Brand Academy, or purchasing any products or services or otherwise using our Site, you acknowledge you are solely and personally responsible for any results you achieve. You further acknowledge and agree that you will undertake your own due diligence and judgement before applying anything you have gained from your use of this Site, purchase of products and/or services or participation in our Brand Academy, taking into account your own personal circumstances.
On our Site we present real life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves. These testimonials show 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.
Intellectual Property Ownership
The Brand Academy, its content, including but not limited to, all workbooks, handouts, lectures, printables, video modules, video material, audio material are the property of Wildbrand or licensed Third Party Intellectual Property. Any violation of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
No Sharing Allowed
We have worked super hard to put together the Brand Academy course and have packed it full of great content. You will appreciate then, that you cannot share share, distribute, copy, forward, or give access anyone else who has not purchased the Brand Academy. You must not under any circumstances, share your password or login with anyone who has not purchased the Brand Academy program. We reserve the right to immediately remove your access to our Brand Academy without refund, if you are found to be violating these Additional Terms.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Perth, 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, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Perth, Australia.