Terms and Conditions

 

Disclaimer:

 

Welcome to crispcrow.com.au website. Continuing to browse and use this website means you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Jay Crisp Crow as Jay Crisp Crow or Crisp Copy, acceptance is expressly limited to these terms.

 

The information contained in this website is for general information purposes only and is provided by crispcrow.com.au. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

 

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

 

Through this website you may be able to link to other websites which are not under the control of us. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

 

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

 

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Jay Crisp Crow and Crisp Copy and crispcrow.com.au and crispcopy.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

 

 

 

Terms Of Payment For Services

Payment, Expenses and Compensation

Client shall pay the Consultant for his or her services in accordance with this Agreement and:

  1. Within the deadlines set out in the quote or invoice; and
  2. By bank transfer of funds into Consultant’s nominated bank account.

Services will be scheduled within 2 – 3 weeks upon payment being received by the Consultant unless agreed by both parties. Most work will be completed within 2 – 3 weeks of this scheduled time unless a rush order is requested (+ 25%) or agreed by both parties.

All payments for Services are payable and must be received in advance unless otherwise agreed in writing. As the Consultant has set aside scheduled time to complete the work, advise the Client and has incurred time in preparing for any sessions, all monies are non-refundable.

Should there be variations to the original agreed work and Services, any variations will be agreed in writing and where required, a new contract will be negotiated and any monies paid to the Consultant until that point will be kept by and belong to the Consultant.

Expenses: During the provision of the Services, the Consultant may incur the following additional expenses from time to time which the Client agrees to reimburse to the Consultant:

  1. Any social media marketing and/or advertising costs, including graphic purchases, as accrued by the Consultant as agreed by both parties and
  2. Any licences required to be purchased to produce or provide ownership of the work

Provided that the Consultant does not incur material expenses without first obtaining agreement from the Client in advance.

Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (“ACL”). At no time are these statutory rights sought to be excluded. The Consultant will at all times abide by the ACL in relation to any refund, warranty or guarantee.

 

 

Limitation of Liability:

 

It is an essential pre-condition to you using our website that you agree and accept that Jay Crisp Crow is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

 

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

Copyright Notice:

 

This website and its contents are the copyright of Jay Crisp Crow – © 2014 – 2017. All rights reserved.

 

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

 

  • You may print or download contents to a local hard disk for your personal and non-commercial use only.
  • You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge this website as the source of the material.

 

You may not, except with my express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or another form of electronic retrieval system.

 

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

 

We expressly reserve all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

 

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only, and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

 

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

 

Payment and Renewal:

 

General Terms. By selecting a product or service, you agree to pay Jay Crisp Crow as Jay Crisp Crow or Crisp Copy the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

 

Automatic Renewal. Unless you notify Jay Crisp Crow as Jay Crisp Crow  or Crisp Copy before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

 

Services. Fees; Payment. By signing up for a Services account you agree to pay Jay Crisp Crow as Jay Crisp Crow or Crisp Copy the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Jay Crisp Crow as Jay Crisp Crow or Crisp Copy reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. To cancel a service, please refer to your contract.

 

Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Jay Crisp Crow as Jay Crisp Crow or Crisp Copy to respond within three business days) concerning the use of the coaching Services. “Priority” means that support takes priority over support for users of the standard or free crispcrow.com.au services. All support will be provided in accordance with Jay Crisp Crow’s standard services practices.

 

Delivery of Goods:

 

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

 

Refund Policy:

 

We handle returns and processes refunds in accordance with the Australian Consumer Protection legislation.

 

Digital goods and services are non-refundable. If there has been a technical issue with a digital download, please contact us so that we may help you. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Jay Crisp Crow.

 

Workshops Terms and Conditions:

 

A confirmation email and invoice/receipt will be sent to the delegate within 48 hours of receipt of the booking. Please ensure this confirmation (especially email address) is checked for accuracy.

 

Events will proceed only if a minimum number of registrations are confirmed 7 working days from the event commencement date. Events refers to any workshop, conference, seminar, function or similar organised by Jay Crisp Crow.

 

Confirmation emails of the event being cancelled or not proceeding will be sent to all registered attendees with as much notice as possible.

 

In the case of cancellation by Jay Crisp Crow, participants will be able to transfer to another Crisp Crow event of similar value, or, in such cases, receive a full refund if unable to attend an alternative event.

 

We will not be responsible for any payments/losses incurred due to the cancellation of any event. We are not responsible for any travel, accommodation or ancillary charges incurred by the participant as a result of attending this event.

 

A substitute delegate is allowed via notifying Jay Crisp Crow by email, using the Jay Crisp Crow website Contact Page no less than 24 hours prior to the event.

 

Cancellations or non-attendance by the participant will see the full course rate applied with no refund. Refund variations may be considered where exceptional circumstances apply and are at the discretion of Jay Crisp Crow. Refund variations may not be available where Jay Crisp Crow is co-hosting an event with another business.

 

Exclusion of Competitors:

 

If you are in the business of creating similar documents, goods or offering similar services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Jay Crisp Crow. We expressly exclude and do not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Jay Crisp Crow reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

 

Responsibility of Contributors:

 

If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

 

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Jay Crisp Crow as Crisp Copy or otherwise.

 

By submitting Content to Jay Crisp Crow for inclusion on this website or to Crisp Copy, you grant Jay Crisp Crow  a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Jay Crisp Crow will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

 

Content Posted on Other Websites:

 

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which crispcrow.com.au links, and that link to crispcrow.com.au and crispcopy.com.au. Jay Crisp Crow does not have any control over those non-Jay Crisp Crow websites and webpages, and is not responsible for their contents or their use. By linking to a non-Jay Crisp Crow website or webpage, Jay Crisp Crow does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Jay Crisp Crow = disclaims any responsibility for any harm resulting from your use of non-Jay Crisp Crow websites and webpages.

 

Advertisements:

 

Jay Crisp Crow as Jay Crisp Crow or Crisp Copy reserves the right to display advertisements on this site.

 

Disclaimer:

 

To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Jay Crisp Crow and Crisp Copy gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

 

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

 

It is your sole responsibility and not the responsibility of us to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

 

Changes:

 

Jay Crisp Crow  reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Jay Crisp Crow as Jay Crisp Crow or Crisp Copy may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

 

Termination:

 

Jay Crisp Crow  may terminate your access to all or any part of the websites at any time, with or without cause, with or without notice, effective immediately.

 

Jurisdiction:

 

This agreement and this website are subject to the laws of Western Australia and Australia. If there is a dispute between you and Jay Crisp Crow as Jay Crisp Crow or Crisp Copy that results in litigation, then you must submit to the jurisdiction of the courts of Western Australia.

 

Whole Agreement:

 

These terms and conditions represent the whole agreement between you and crispcrow.com.au  concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

 

Exclusion of Unenforceable Terms:

 

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

Last updated May 2017

 

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