Terms & Conditions
By signing up to receive Plan2Brand Products and Services you agree to be bound by these Terms and Conditions (“Terms”) of your Agreement with Incorporated Designs Pty Ltd (ACN 006 686 684) trading as Creative Brew and is referred to as “Creative Brew”.
Event means a seminar, networking event, promotion and other planned session organised or produced by Creative Brew, whether live or online.
Intellectual Property means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights.
Creative Brew, We, Us and Our refers to Incorporated Designs Pty Ltd (ACN 006 686 684) trading as Creative Brew.
Plan2Brand Products and Services means all products and services provided by Creative Brew including but not limited to eCourses, Products, Seminars, Online Content, coaching, consulting, marketing services, media containing recorded materials, photography and videography.
Client and/or You means the individual named as the Client in these terms.
Plan2Brand eCourses mean the programmes offered by Creative Brew from time to time, including but not limited to the ‘plan2brand’ eTool
Online Content means all content on the Plan2Brand Website including but not limited to ebooks, tables, educational materials, apps, video webinars, and audio material.
Enrolment and Payment
- All Plan2Brand Products and Services require payment to be made in advance in accordance with the prices set out on the Plan2Brand Website at the time you sign up to receive Plan2Brand Products and Services.
- Creative Brew may update its pricing at any time. Notwithstanding this, once you sign up, enrol in, or purchase any Plan2Brand Products and Services, the price you will pay for those Plan2Brand Products and Services will not change and will be honoured for the term of this Agreement.
- All Plan2Brand Products and Services are provided subject to you providing us your credit card or direct debit details for payments on the date of you enrolling to receive Plan2Brand Products and Services and agreeing to these Terms.
- Payments for Plan2Brand Products and Services are made securely through our secure electronic payment gateway.
- If a payment is declined by your bank or credit card provider, Creative Brew reserves the right to charge you for any merchant processing fees or penalties incurred by reason of the declined payment.
- If Creative Brew is unable to recoup payments payable by you by reason of cancellation of your bank account or credit card, Creative Brew reserves the right to issue an invoice to you for the balance of all monies due.
- In the event that Creative Brew must issue an invoice in accordance with clause 6 above, Creative Brew reserves the right to:
- Charge interest on all money outstanding in accordance with the General Interest Charge as published by the Australian Taxation Office from time to time; and
- Assign the right to enforce any debts due to it to a third party, without further consultation to you.
- Creative Brew provides its services in good faith and expects our clients to engage with us and our services in the same good faith.
- If, within 14 days of the commencement of this Agreement, you are not satisfied with the Creative Brew Products and Services you have received, you may, by making request in writing, within 7 days of the commencement of this Agreement, to firstname.lastname@example.org, terminate this agreement and receive a refund of any monies paid under the agreement as at the date of termination, provided that you have:
- Read the materials that have been provided to you;
- Completed any exercises, questionnaires, surveys; and
- Participated in any coaching sessions or webinars that have been scheduled after the date of commencement of this agreement and prior to the request for termination.
Usernames, passwords and access to the Plan2Brand Website
- Enrolment in the Plan2Brand eCourses includes access to an online site using a username and password. You will receive a username and Password via the email address specified by you when you signed up within seven (7) business days of enrolment in the Creative Brew eCourse.
- You must keep your username and password confidential and not disclose it to any other party without the express permission of Creative Brew to another person. If you become aware that your username and password has been or may have been disclosed to another person, you must notify Creative Brew as soon as possible.
- You agree and understand that Creative Brew may prevent or restrict your access to the website for any technical, security and or any other reasons at its absolute discretion. These reasons include, but are not limited to, any use of the Creative Brew Products and Services that Creative Brew would deem unacceptable, for example posting offensive or harassing material or posting harmful code.
- Creative Brew will advise you as soon as practicable of any restrictions imposed on your access to the website.
- All material relating to and contained in Plan2Brand Products and Services is subject to copyright and other intellectual property rights. The copyright in all such materials remains the property of their owners and may not be recorded, used or reproduced, without the express written permission of the copyright owner. You agree not, at any time, to do anything that would infringe the intellectual property rights in such materials.
- The content of the Plan2Brand Products and Services is confidential commercial information. You are permitted to use the information within your business for the purpose of implementing the strategies contained in the materials, but you are not authorised to share the materials with any other entity for their benefit, whether or not you receive any compensation from that entity.
- Should Creative Brew become aware of any breach of its intellectual property rights by you, Creative Brew may take any action it deems necessary to protect its rights, including but not limited to commencing proceedings against you for damages or any other remedies available including costs, in a Court of competent jurisdiction.
- Any business information presented in or with any Plan2Brand Products and Services is prepared and presented by Peter Engelhardt of Creative Brew, based on his many years of experience working in the design, branding, and traditional and digital marketing industries, as well as selected professionals with expertise relevant to growing and improving the business of clients of Creative Brew. Creative Brew makes no representation and gives no warranty to the accuracy or completeness of the information provided at, with or in relation to any Plan2Brand Products and Services and does not accept responsibility for any errors or inaccuracies in, or omissions from, the information contained in any Plan2Brand Products and Services or materials given to participants at any Event. The information provided during or in relation to the Plan2Brand Products and Services is for general purposes only and it does not purport to be comprehensive or to render specific advice. The information provided during or in relation to any Event or the Plan2Brand Products and Services should not in any circumstances be regarded as financial or legal advice. If any information or advice that may constitute financial or legal advice is given at an Event or in relation to Plan2Brand Products and Services, such financial or legal advice does not constitute financial or legal advice given by Creative Brew. This disclaimer does not purport to exclude any warranties implied by law which may not be lawfully excluded.
- It is envisaged that your use of any Plan2Brand Products and Services will grow your skills in marketing, strategy and design, which should in turn result in measurable benefits to your business. However, Creative Brew does not guarantee that any specific business outcome will be achieved directly after your completion of any Plan2Brand Products and Services or at all.
- Prior to entering into a transaction or taking any particular course of action in connection with the website, you should make your own enquiries and seek independent advice tailored to your specific circumstances and objectives.
No Warranties or Representations
- Creative Brew does not seek to exclude any rights or remedies available to you under the Trade Practices Act (Cth) or equivalent State legislation that cannot be excluded or restricted.
- To the extent permissible by law, Creative Brew makes no warranty or representation (express or implied) regarding the quality, accuracy, reliability, currency, performance, completeness or fitness for purpose of any part of the Creative Brew Website or any of the Creative Brew Products and Services.
- Creative Brew does not represent or warrant (expressly or impliedly) that the Plan2Brand Website or any of the Plan2Brand Products and Services, or the facilities that make the Plan2Brand Website and the Plan2Brand Products and Services available, will not cause damage, or are free from any computer virus or any other defects or errors, or that your access to the Plan2Brand Website or any Plan2Brand Products and Service will be uninterrupted.
- To the maximum extent permitted by law, Creative Brew is not liable (whether in contract, negligence or otherwise) for any loss or damage arising from the use of the Plan2Brand Website or any of the Plan2Brand Products and Services.
- To the maximum extent permissible by law, Creative Brew’s liability for breach of any implied warranty or conditions that cannot be excluded is restricted, at Creative Brew’s option, to:
- the re-supply of the relevant goods or services; or
- the cost of the re-supply of the relevant goods or services; or
- any amount paid by you to Creative Brew in respect of the relevant goods or services.
- You agree that in no circumstances will Creative Brew be liable for any indirect, incidental, special and/or consequential losses or damages of whatever nature arising out of your use of the Plan2Brand Website or of any of the Plan2Brand Products and Services (including, but not limited to, losses or damages arising out of, or attributable to, an act or omission by Creative Brew).
Links to Third Party Websites
- The Plan2Brand Products and Services and the Plan2Brand Website may contain links and pointers to other websites operated by third parties.
- Third party links and pointers are included solely for your convenience. Links to third party websites do not constitute endorsement, sponsorship or approval by Creative Brew of the content, policies or practices of those third party websites.
- You agree that by accessing any third party linked website you do so at entirely at your own risk.
- Creative Brew will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any goods or services available on or through any third party website.
- The laws of the state of Victoria govern these terms.
- Should any part of these terms be determined by a court to be invalid or unenforceable, the remainder of the agreement will be unaffected.
- The failure of Creative Brew or any third party supplier to enforce any provision of these terms shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- These terms may not be varied except with the written approval of a director of Creative Brew.
- Creative Brew may vary these Terms at any time. In the event that Creative Brew varies these Terms, it will provide notice by publishing the varied Terms on the website and by notifying you by email to the email address you specified on signing up.
- You accept that by doing this, Creative Brew has provided you with sufficient notice of the variation.
- All terms, conditions and warranties implied by statute that are excludable are excluded from these terms. Such terms, conditions and warranties implied by statute that are not excludable are not excluded from these terms but our liability for breach of such conditions and warranties implied by statute that are not excludable is limited to the total amount paid by you to Creative Brew under these terms.