The Contented Copywriter
Website terms and conditions of use
About the Website
1.1. Welcome to www.thecontentedcopywriter.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various online courses and digital products that have been listed for sale (the 'Eproducts'), as well as browse services through the Website (the 'Services’). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2. The Website is operated by The Contented Copywriter Pty Ltd (ACN: 646 358 974) t/as The Contented Copywriter. Access to and use of the Website, or any of its associated Products or services, is provided by The Contented Copywriter. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. The Contented Copywriter reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Contented Copywriter updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Contented Copywriter in the user interface.
3. Making a Booking
The Website allows you to make a booking by email for The Contented Copywriter Services. Once you have made a booking, you will be issued with a separate set of terms and conditions that will govern the Services.
4. Personal Information
4.1. When purchasing Eproducts or making a booking, you will be required to provide personal information such as your full name, password and e-mail address.
4.2. You agree that all details that you have provided in completing the purchase or making a booking are true and correct.
Your personal information is kept in accordance with The Contented Copywriter Privacy Policy (‘Privacy Policy’) which can be accessed at on our website.
5. Purchase of Eproducts
5.1. In using the Purchase Services to purchase an Eproduct through the Website, you will agree to the payment of the purchase price listed on the Website for the Eproduct (the 'Purchase Price').
5.2. Payment of the Purchase Price may be made through the payment provider options provided (the 'Payment Gateway Providers')
5.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.4. If you are making payment through a payment plan, your original method of payment will be direct debited according to the respective payment plan option.
5.5. Following payment of the Purchase Price being confirmed by The Contented Copywriter, you will be issued with a receipt to confirm that the payment has been received and The Contented Copywriter may record your purchase details for future use.
5.6. You acknowledge and agree that where a request for the payment of the Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fees.
5.7. You agree that if you default on any payments due and payable under the Terms, any costs incurred by The Contented Copywriter for steps taken to enforce payment terms will be recoverable and payable by you.
5.8. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
6. Refunds and Returns
6.1. The Contented Copywriter does not provide refunds for Eproducts. Please keep this in mind when making a purchase.
7. Warranty
7.1. The Contented Copywriter Eproducts come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Eproduct and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Eproducts repaired or replaced if the Eproducts fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
8. Course Cancellation and Termination
8.1. If you have purchased an online course (‘Course’) You must notify The Contented Copywriter of an intention to cancel your involvement in the Course as soon as practicable through e-mail to brooke@thecontentedcopywriter.com.au and abide by the following (‘Cancellation Policy’).
8.2. The Course is non-refundable. This means that if you wish to terminate your involvement in the Course early, all unpaid amounts of the Fees are non-refundable. If you are unable to attend a group session, you will not be provided with a refund.
8.3. The Contented Copywriter may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
8.4.The Contented Copywriter reserves the right to terminate your involvement in the Course for breach of these Terms with 7 days’ notice by e-mail. If The Contented Copywriter terminates these Terms under this clause, you will not be provided with a refund.
9. Delivery of Course and License Information
9.1. Each purchase of a Course grants to you access to the relevant Course through Kajabi, the Member Portal (the ‘Member Portal’).
9.2. When you purchase a Course through the Website, The Contented Copywriter grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).
9.3. The Licence is valid for the Course term (‘Licence Term’). This means the Course will be accessible via the Member Portal for the Licence Term only. After this time the Course will expire and you will no longer be able to access the Course.
9.4. The Course is intended for use in a single household within the Licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Course materials, booklets, and access to any other aspect of the Course.
10. Warranty Period for the Services
10.1. The Contented Copywriter will use its best efforts and take all reasonable steps to help you achieve the desired results. However, The Contented Copywriter makes no warranty that the Course will meet your requirements or that all clients will achieve the same results.
10.2. The Course does come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Course, you are entitled to cancel these Terms, and are entitled to a refund for the unused portion, or to compensation for its reduced value.
11. Course Disclaimer
You are solely responsible for creating and implementing your own professional, financial, business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Course and your sessions and interactions with The Contented Copywriter. As such, you agree that The Contented Copywriter is not and will not be liable or responsible for any actions or inaction, including effects on your business, or for any direct or indirect result of any services provided by The Contented Copywriter.
12. Copyright and Intellectual Property
12.1. The Website, the Purchase Services and all of the related Eproducts and Services of The Contented Copywriter are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content, documents, materials, Eproducts and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by The Contented Copywriter or its contributors.
12.2. The Contented Copywriter retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of the Contented Copywriter; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
12.3. You may not, without the prior written permission of The Contented Copywriter and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
13. Privacy
The Contented Copywriter takes your privacy seriously and any information provided through your use of the Purchase Services are subject to The Contented Copywriter’s Privacy Policy.
14. General Disclaimer
14.1. You acknowledge that The Contented Copywriter does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Eproducts other than provided for pursuant to these Terms.
14.2. Eproduct descriptions posted on The Contented Copywriter Product pages are used as an indication of the services rather than an actual representation. The Contented Copywriter accepts no responsibility for inaccurate information supplied to it.
(a) The website may contain technical inaccuracies or typographical errors or omissions. The Contented Copywriter is not responsible for typographical, pricing, product information or advertising.
(b) Advertised prices and availability are subject to change without notice. The Contented Copywriter reserves the right to make changes, corrections and/or improvements to the Website, and to the products and services described in such information, at any time without notice.
14.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
14.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) The Contented Copywriter will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
14.5. Use of the Website, the Purchase Services, and any of the Eproducts of The Contented Copywriter is at your own risk. Everything on the Website, the Purchase Services, and the eProducts of the Contented Copywriter, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Contented Copywriter make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of the Contented Copywriter) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Eproducts;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
15. Information Disclaimer
15.1. Any information, content or documentation provided on the Website, including within the associated blog, Eproducts, Courses and accompanying materials are provided for general information purposes only.
15.2. The Contented Copywriter will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website including within the associated blog, Eproducts, Courses and accompanying materials. All information on the Website including within the associated blog, Eproducts, Courses and accompanying materials is prepared so that it is current as at the date of writing.
15.3. All care is taken in the preparation of the information and published materials including in the blog posts, Courses, Eproducts on the Website or on any other related platform. The Contented Copywriter does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
15.4. To the extent permissible by law, The Contented Copywriter will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the blog posts, Courses, Eproducts on the Website or on any other related platform.
16. Mailing List Registration
16.1. You will be given the option to register for The Contented Copywriter Mailing List (the 'Mailing List').
16.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name
16.3. If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from The Contented Copywriter.
17. Limitation of Liability
17.1. The Contented Copywriter’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The Contented Copywriter is the resupply of information or Purchase Services to you.
17.2. You expressly understand and agree that The Contented Copywriter, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
17.3. The Contented Copywriter is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Contented Copywriter, by third parties or by any of the Purchase Services offered by The Contented Copywriter.
18. Indemnity
18.1. You agree to indemnify The Contented Copywriter, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
19. Venue and Jurisdiction
The Purchase Services offered by The Contented Copywriter is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
20. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
21. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
22. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
The Contented Copywriter
Privacy Policy
We respect your privacy
1.1. The Contented Copywriter respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. "Personal information" is information we hold which is identifiable as being about you.
2. Collection of personal information
2.1. The Contented Copywriter will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3. Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
3.1. The Contented Copywriter collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
4. Use of your personal information
4.1. The Contented Copywriter may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.2. The Contented Copywriter may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of The Contented Copywriter, www.thecontentedcopywriter.com.au, its customers or third parties.
5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
5.6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
6. Security of your personal information
6.1. The Contented Copywriter is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
6.2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
7. Access to your personal information
7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at brooke@thecontentedcopywriter.com.au.
7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
8.1. If you have any complaints about our privacy practices, please feel free to send details of your complaints to The Contented Copywriter by e-mail to brooke@thecontentedcopywriter.com.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
9. Changes to Privacy Policy
9.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
10. Website
10.1. When you visit our website
When you come to our website www.thecontentedcopywriter.com.au we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
10.2 Cookies
We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
10.3 Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that The Contented Copywriter is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.