Effective Date: 1 November 2024
These Terms and Conditions (“Terms”) govern the purchase and participation in workshops or services delivered by Marketing Your Brand Workshops Pty Ltd (“Services”) and by Marketing Your Brand Pty Ltd (“we,” “us,” or “our”) through mybworkshops.com.au (the “Site”). By purchasing and accessing our Services, you agree to these Terms in full.
Workshop Purchases
1.1. All workshops are delivered as digital services, and full payment or the first instalment is required at the time of purchase to secure access.
1.2. Once a purchase is confirmed, access to workshop materials, resources, and related content will be provided as outlined at the time of sale.
1.3. All prices are listed in AUD and include applicable taxes unless otherwise stated.
1.4. Workshop registrations are non-transferable. Access is granted solely to the individual or entity who made the purchase. Sharing or transferring access to any third party is strictly prohibited.
Here’s the revised NO-REFUND POLICY section with appropriate numbering to align with the existing format:
Refund Policy
2.1. By purchasing our Marketing Your Brand Workshops, you agree that all sales are final, and no refunds will be issued under any circumstances once payment is processed, unless required by Australian Consumer Law.
2.2. Due to the digital nature of the Workshop materials, once materials have been sent or access to the Member Centre has been provided, the content is considered delivered and cannot be revoked or returned. You acknowledge that by gaining immediate access to the workshop member centre, community or materials (including digital content), you have received a substantial portion of the service offered. Because digital products can be copied, stored, and used immediately or indefinitely, refunds are not possible after delivery.
2.3. The success of the strategies, tools, and resources provided in the Workshops depends largely on the effort and commitment of the participant to implement them effectively. As such, the Company makes no guarantees regarding specific outcomes, results, or improvements. The results you achieve will be influenced by your individual circumstances, the effort you put into applying the provided materials, and how well you follow the steps outlined during the Workshop.
2.4. This policy ensures the integrity of our digital content and complies with Australian Consumer Law, which provides refunds only in cases where the digital product is faulty, not as described, or fails to meet consumer guarantees.
2.4.1. Conditional Refunds for Service Failure
Refunds will only be provided if the Company fails to deliver the services as outlined (e.g., the workshop is not provided by the due date, or digital materials are inaccessible due to a technical error on the Company’s side). Refunds will not be granted for change of mind, dissatisfaction with content or failure to use the materials provided.
2.4.2. Proof of Service Failure
If a refund is requested due to service failure, participants must submit a written explanation, visual proof of the issue and demonstrate how the Company failed to deliver the outlined services. The Company will review the request and, if found valid, issue a refund within 30 business days.
Payment Terms and Instalments
3.1. If you choose to pay for a workshop in installments, you are legally bound to complete all remaining installments by the agreed deadlines set out at Checkout.
3.2. Failure to make installment payments on time may result in the suspension or termination of your access to the workshop and associated materials.
3.3. You remain liable for the full payment of the workshop, regardless of whether you complete or access the workshop in full.
3.4. We reserve the right to charge additional fees for late or missed payments in accordance with applicable laws.
Live Workshops No-Show Policy
4.1. If you fail to attend a live Workshop session, you will not be eligible for a refund under any circumstances.
4.2. The digital materials and resources provided as part of the Workshop will remain available to you, but the live session content will be forfeited.
4.3. If you provide at least 48 hours’ notice prior to the Workshop session, we will issue a coupon code allowing you to attend the next available session for the same topic. This coupon cannot be transferred to another individual or used for a different Workshop. Providing notice does not entitle you to a refund.
Intellectual Property Rights
5.1. All workshop materials, resources, and content are the intellectual property of Marketing Your Brand Workshops Pty Ltd or its licensors.
5.2. You are granted a limited, non-exclusive, non-transferable license to access and use these materials for personal or business purposes only.
5.3. You are strictly prohibited from reproducing, distributing, or sharing workshop materials with third parties without prior written consent.
Access Revocation for Misuse
6.1. The Company reserves the right to revoke your access to Workshop materials without notice or refund if it is determined that you have violated any intellectual property terms, shared materials without permission, or otherwise misused your access.
Participant Obligations
5.1. Participants are responsible for ensuring they meet any prerequisites or pre-session requirements outlined for the workshop.
5.2. Access to the workshop and its materials is for registered participants only and may not be shared.
5.3. Participants are expected to engage respectfully during live or interactive sessions. Disruptive behaviour may result in removal from the workshop without compensation or refund.
Conduct
6.1. We aim to provide a safe and supportive environment for all participants. You agree to:
- Treat other participants and Company staff with respect and professionalism.
- Refrain from discriminatory, abusive, or offensive language or behaviour.
6.2. Failure to comply with these standards may result in your removal from the Workshop without refund.
Limitation of Liability
7.1. To the fullest extent permitted by law, we exclude all liability for any loss, damage, or injury arising from your participation in our workshops, including indirect or consequential loss.
7.2. Our total liability for any claims related to the Services is limited to the amount paid by you for the workshop.
Access and Availability
8.1. Workshop access, including materials and resources, is provided for the duration specified at the time of purchase.
8.2. We reserve the right to modify workshop content, delivery methods, or schedules as needed to improve the quality of the Services or address unforeseen circumstances.
Confidentiality of Workshop Content and Communications
9.1. You agree to maintain the confidentiality of all discussions, strategies, and advice shared during the Workshop.
9.2. Sharing confidential workshop content with third parties without prior written consent is prohibited.
Data Protection and Privacy
10.1. By purchasing a workshop, you agree to the collection and use of your personal data in accordance with our Privacy Policy.
10.2. Your personal information is used to process your order, provide access to workshop materials, and send relevant communications.
10.3. You may opt out of marketing communications at any time by clicking the unsubscribe link in our emails or contacting us directly.
Third-Party Tools and Services
11.1. The Company may recommend or provide access to third-party tools, services, or software during the Workshops.
11.2. These tools are provided by external parties and are not under the control of Marketing Your Brand Pty Ltd. We do not endorse, guarantee, or take responsibility for their performance or availability.
11.3. Any issues, costs, or disputes arising from the use of third-party tools must be addressed directly with the provider. The Company is not liable for any damages, disruptions, or issues arising from their use.
Governing Law and Dispute Resolution
12.1. These Terms are governed by the laws of Queensland, Australia, and the regulations of the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth).
12.2. Any disputes must first be addressed through direct mediation with Marketing Your Brand Pty Ltd by submitting a written request to info@marketingyourbrand.com.au.
12.3. If mediation does not resolve the dispute within 30 days, the matter will be referred to arbitration in Queensland, Australia.
12.4. Disputes will be resolved on an individual basis. Participants waive the right to bring or participate in class-action lawsuits against the Company.
Force Majeure
13.1. The Company is not liable for delays or cancellations caused by circumstances beyond our control, such as natural disasters, pandemics, government actions, severe technical failures, or other force majeure events.
13.2. In such cases, refunds will not be provided unless required by law. The Company reserves the right to suspend or cancel the Workshop under these circumstances.
Disclaimers
14.1. Workshop content is provided for educational purposes only, and the Company disclaims all liability for errors, omissions, or interpretations of the content.
14.2. Implementation of strategies provided during the Workshop is the participant’s responsibility. The Company is not responsible for lack of results due to incomplete tasks or insufficient effort.
14.3. The Company does not guarantee any specific business results or financial outcomes from Workshop participation.
Modifications
15.1. We reserve the right to update or modify these Terms & Conditions at any time. Changes will be communicated via email and posted on our website. By continuing to participate in the Workshops after modifications, you agree to the updated Terms.
Termination
16.1. We reserve the right to terminate your access to the Workshop if you violate these Terms & Conditions. Refunds will not be provided unless required by law.
Contact Information
If you have any questions or concerns regarding these Terms, please contact us:
Email: info@marketingyourbrand.com.au
Mail: Marketing Your Brand, 1/35 Township Drive, Burleigh Heads QLD 4220, Australia
