DISCLAIMER
Dear Charlie Marketing Pty Ltd will provide advice and information in relation to marketing your business. We cannot and do not make any promises or guarantees about your ability to see increased income or sales as a result of this advice, coaching, workshops, training or strategies. Any marketing strategies proposed by Dear Charlie Marketing Pty Ltd for implementation by Dear Charlie Marketing Pty Ltd under the terms of a Marketing Subscription will be provided to the client for approval before they are implemented.
You should make your own decisions about your business and you acknowledge that any decision made by you for your business is done using your own free will and with an understanding of any risk.
Dear Charlie Marketing Pty Ltd does not offer any other legal, financial, contractual or professional advice. We will not enter into discussions about contractual agreements with other parties in relation to your business.
Any data referenced online, in a workshop or otherwise will always be referenced and verified wherever possible, to the best of our ability. We cannot guarantee the validity of any data or statistics referenced. We use this data or statistics to illustrate trends to help you make better marketing decisions for your business.
We will sometimes receive an affiliate commission for the software, tools or contractors who we recommend to our clients. When we receive a commission we will always be transparent about this. The tools, software or contractors that we recommend are always what we believe would be best suited to your business needs. We recommend these based upon our own experience and we cannot guarantee that you will have the same experiences or results.
WEBSITE TERMS OF USE
This website (Site) is operated by Dear Charlie Marketing Pty Ltd ACN 651 252 470 (we, our or us). It is available at: www.dearcharliemarketing.com and may be available through other addresses or channels.
Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) using our Site to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Site;
(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(e) using our Site to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites. We do not receive any commission or financial incentive for linking to these websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
WORKSHOP AND ‘CMO ON DEMAND’ CALL TERMS
By buying a ticket or making a payment and attending a workshop, course or coaching session or call hosted by Dear Charlie Marketing Pty Ltd and/or any of its employees or sub-contractors you agree to the following Terms and Conditions.
During the Workshop or Call we will be creating new Intellectual Property and the terms of this agreement aim to ensure;
Your personal information is protected and you have rights to improvements you create in your own business; and
I have the ability to improve my workshops and promote my business.
Your Rights
Your privacy is critically important to me and I’ll handle your information according to the terms of my Privacy Policy which can be found at: www.dearcharliemarketing.com/privacy
During the Workshop or Call we may discuss commercially sensitive information in relation to your business. We agree that at all times this private information is to be kept confidential and not shared outside of this setting. If you ever have concerns about confidentiality or the usage of Content we create please contact me to discuss this by emailing hello@dearcharliemarketing.com
Any innovative Business Improvements you create during the Workshop or Call are agreed to be exclusively owned by you. I release any claim I might have to Business Improvements you create during the Workshop.
My Rights
During the Workshop or Call, I will be taking photos, recording audio, recording video to create Content both for my future courses and for Promotional Activities.
You, grant to me a license to use the Content in the improvement of my products and for promotional activities. This License is Worldwide, royalty-free, not transferable nor sub-licensable.
You consent to me using your image, likeness, voice and some limited biographical information in relation to Content created during the Workshop or Call for promotional activities. If you’d prefer that I did not use your imagery please make me aware and I will not do so.
You release me from any claim in relation to the Content and acknowledge that there will not be any payment or consideration to You in relation to created Content.
You acknowledge that the Workshop has been exclusively developed by Dear Charlie Marketing and that the Workshop material is protected by Copyright. You agree to not Copy, Republish, Plagiarise or otherwise steal the content of the Workshops or Courses. In the event the Workshop or Course material is infringed we both agree that damages alone may be an insufficient remedy to any misuse of Workshop material.
General Legal Provisions
This agreement is governed by the laws of the State of Queensland. If we have a dispute under this agreement, we agree to meet in good-faith and make reasonable efforts to resolve any issues in dispute prior to filing any Claim.
In this agreement the below terms have the following meaning;
Business Improvements means any developments to the Intellectual Property of your Business you create during the Workshop or Call.
Claim means any originating process in any Court, Tribunal or Regulatory Authority which commences action against Me or Dear Charlie Marketing.
Content means any photos, imagery, film, branding or other documents.
Copyright has the meaning given to it in the Copyright Act 1968 (Cth).
Course your are Attending means the instance of the Workshop conducted by Me on any date in any city.
Intellectual Property means any intangible property produced by creative activity which is regulated under the Copyright Act 1968 (Cth), the Patents Act 1990 (Cth), the Trademarks Act 1995 (Cth), the Designs Act 2003 (Cth), related regulations and corresponding international laws or treaties.
Promotional Activities means all advertising, publishing or communication activity with the purpose of promoting or marketing my products and services, including adapting, modifying, reproducing or creating derivative works from any of the Content.
Workshop means the training activities conducted by me, in person or online, to train you to improve the marketing activity of your Business. This could be called a Course, Workshop, Training Session or Strategy Session or any other relevant definition. All information provided by me during this training is taken to be part of the Workshop.
Me means me, Charlotte Jane Barry, Director of Dear Charlie Marketing.
You means the Attendee or Client.
PAYMENTS & REFUNDS
All payments for Products or Services are final and subject to the following Terms & Conditions.
Payments
Payments for any goods or services should be paid in accordance with the agreed payment terms. Dear Charlie Marketing Pty Ltd is not responsible for any technical or financial difficulties experienced by the Client to make a prompt payment. You should ensure that you have the funds and the ability to pay for the Services that you are requesting in accordance with these terms.
All transactions, purchases and payments are processed in AUD Dollars, regardless what currency you select or what the website or Invoice displays. We cannot accept payment in international currencies. We cannot accept payment in cash and our Services cannot be paid for by exchange of other goods or Services.
All payments do not currently include Goods and Services Tax (GST). This is not currently applicable on any services provided by Dear Charlie Marketing Pty Ltd. This may change and we reserve the right to change this without notice, however we will always endeavour to make you aware should this affect any ongoing payments.
Online Payments
Usually payment is made in full at the time of purchase and you must use one of the payment methods provided on our website.
We may use a third-party payment-processing merchant or platform (such as Stripe, Paypal, Aquity or Squarespace) for purchases and payments. By purchasing or paying for Products or Services you agree to comply with our terms of Purchase in addition to those provided by the third-party. We are not responsible for the third-party, their terms or their service.
We reserve the right to change the preferred payment gateway without notice.
Invoice Payments
We may agree to Invoice you for Payments. This will usually be when Dear Charlie Marketing Pty Ltd is providing Services on a project-basis. This cost will always be previously agreed and a signed Consultancy Agreement will be in place between Dear Charlie Marketing Pty Ltd and The Client. The Terms of the Consultancy Agreement will apply to these Payments.
Where payment is previously agreed to be requested via Invoice, the following basic terms apply.
All Invoice payments require a 50% deposit to be paid in advance of any work commencing. This deposit is non-refundable should the Client decide to terminate the agreement once any work has commenced or within 28 days of the work commencing. The deposit is to secure the time within the Dear Charlie Marketing Pty Ltd schedule and protect the earning rights of Dear Charlie Marketing Pty Ltd.
Any Invoice payments should be received within 7 days of receipt of the Invoice. The date of the invoice being sent to You by e-mail will be counted as the day of receipt. The payment should be processed to be received within 7 days of receipt. The Client should not make the payment request to their bank on the seventh day as this results in a late payment to Dear Charlie Marketing Pty Ltd when you take into account processing time by the Bank.
Buying products for use in your business
You will be offered specific terms for the use of products or business process tools purchased on this Site however, these are for your own use in your own business and are not to be reproduced, resold, reshared or otherwise granted for use other than the specific purchaser’s business. Our work products are secured against such misuse and our right to recover costs, loss and damages caused by such misuse are reserved at all times. We price our products fairly so all can have cheap access, so please respect our work. If you would like additional copies to provide to related entities, please contact us so we can discuss a discounted cost.
Refund Policy
Given the nature of the Services which Dear Charlie Marketing Pty Ltd provides, we are unable to refund you or waive fees for any Services already provided. This does not affect the terms of any Consultancy Agreement or previous agreements which we have in place.
All workshop tickets or ‘CMO On Demand’ call bookings are non-refundable. Should you no longer be able to attend you may request to transfer your ticket to another name so that someone else can attend in your place.
All free consultations have no cash value.
All digital products are non-refundable, subject to Australian Consumer Law.
Strategy calls may be rescheduled at the discretion of Dear Charlie Marketing Pty Ltd when notice is provided at least 5 business days in advance by emailing hello@dearcharliemarketing.com.