This Site  is owned and operated by Rachel Medlock Copywriting (also referred to in these terms as “we”, “us”, and “our”).  Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you via this Site and our social media channels (“Terms”).   These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”). 

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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 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. 

 

INTELLECTUAL PROPERTY

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, 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 services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the 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, 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.

 

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

 

ELECTRONIC COMMUNICATIONS

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 “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your 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. 

 

CREATING AN ACCOUNT

To place orders and access some 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, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation. 

 

DIGITAL PRODUCTS

Upon purchase of a downloadable product from this Site, you will receive an email with a link to complete the purchase of your product including, where applicable, a direct download for your product.

Products may be available on this Site without a need to purchase or download them.  You agree and accept full responsibility and risk for downloading and using these products.  You agree that you will indemnify and hold harmless, Rachel Medlock Copywriting, and all our related entities and personnel, against liability for any harm or loss caused by the downloading and use of these products.

You agree that it is your responsibility to ensure that you have the appropriate programs and hardware available to access and use the downloadable products and that this is not a reason for which we can offer a refund.

 

REFUNDS FOR ONLINE DIGITAL PRODUCTS

Due to the nature of digital products, any orders received and processed by us for digital products  available to be purchased online, has a strict NO REFUND/RETURN/EXCHANGE POLICY.   Where we send the wrong digital product we will send you the correct digital product and where the link provided to download is not working, we will send you the digital product direct or via a revised link at no extra cost.

 

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 any time without advance notice to you.  If you’ve purchased our products 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 product or service 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 product or service.

We may from time to time provide discounted products and / or services.  You may only use one discount code with each purchase.  We reserve the right to reject or cancel any orders where you add more than one discount code.  We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.  Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

We offer visitors who want to purchase from our Site the option to pay for the products and / or services by credit card or such other method of payment as notified by us from time to time.  You acknowledge and agree to make timely and full payments to us for the products and/or services purchased.  Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card.  You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times.  Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products. 

 

INFORMATION AND ADVICE

Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional  advice for individual or specific situations and does not take into account your specific needs or circumstances.  The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.

We do our best to ensure that the colours of any products or services are accurately displaced, please note, that on occasion the colour on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the colour of the product or service.

By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.

 

PROHIBITED USE

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 and content on the 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 and / or the products or services including that:

1. they are suitable, reliable, complete,  secure, accurate or fit for any particular purpose;

2. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or  

3. there is no possibility of failure to store communications or other data. 

 

LIMITATION OF LIABILITY

Limitation of liability, consumer law and indemnity
Rachel Medlock Copywriting Nor any of its officers, employees, agents or related bodies corporate shall be liable to you or anyone else for:

a. any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction of, or damage or unauthorised access to, your computer system or network;

b. any defamatory, infringing, offensive or illegal conduct or material found in connection with the Website, including such conduct or material transmitted by any means by any other person; or

c. any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with:

i. the use of the Website and or Rachel Medlock Copywriting

ii. the use of information and or advice provided by you through Rachel Medlock Copywriting; or

iii. you or anyone else being unable to access the Website for any reason.

15.2. You indemnify Rachel Medlock Copywriting against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) suffered or incurred by Rachel Medlock Copywriting, arising out of, or in connection with:

a. your breach or non-observance of any term of these Terms of Use;

b. any Content submitted by you; or

c. any breach or inaccuracy in any representations or warranties made to Rachel Medlock Copywriting by you.
 

Delay
16.1 You shall make all reasonable efforts to provide needed information, materials and approvals to Rachel Medlock Copywriting in a timely manner. Parties should in writing, inform the other party using all reasonable efforts, should a delay occur or be expected to occur. You understand that any delays by you will result in a day for day extension of the due date for all deliverables.

16.2. We will presume that you have accepted our work with no changes, if no emails requesting changes were made within ten (10) days of the last draft provided by Rachel Medlock Copywriting to you. 

16.3 . Rachel Medlock Copywriting shall not be liable for any failure or delay in supply or delivery of Services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including but not limited to: war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, natural disasters, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism. Should such event occur, it will result in a day for day extension of any performance or deliverable due.

 

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.

 

SEVERABILITY

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.

 

ASSIGNMENT                                                                                                                    

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.

 

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

 

GOVERNING LAW AND JURISDICTION         

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Victoria, 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 Victoria Australia.