Terms & Conditions
Last updated: [Date]
These Terms and Conditions govern your use of the websites, products and services provided byFOLDED MARKETING PTY LTD ABN 44 689 619 065, trading as Folded Marketing and Folded Academy (“we”, “us”, “our”).
By accessing our website, purchasing a product, or engaging our services, you agree to these Terms. If you do not agree, please do not use our website or purchase our products.
1. Definitions
Academy means Folded Academy, our online education platform and its courses, programmes and mentoring services.
Content means all material we provide, including course videos, written material, templates, frameworks, worksheets, recordings and written communications.
Course means any digital course, programme or educational product offered through the Academy.
Mentoring means group or private mentoring services.
Services means marketing services provided by Folded Marketing under a separate written agreement.
You means the individual or entity purchasing our products or engaging our services.
Definitions
2. Eligibility
You must be at least 18 years of age to purchase our products or engage our services. By purchasing, you confirm that you are 18 or older and have the legal capacity to enter a binding agreement.
If you are purchasing on behalf of a business or organisation, you confirm you are authorised to bind that entity to these Terms.
3. Your Account
Where a purchase provides access to an online platform, you are responsible for maintaining the confidentiality of your login details and for all activity occurring under your account.
Accounts are for a single named individual. You may not share, transfer, resell or provide access to your account to any other person. We may suspend or terminate access where we reasonably believe account sharing has occurred, without refund.
You must notify us promptly of any unauthorised use of your account.
4. Purchases and Payment
Pricing. All prices are listed in Australian dollars and are inclusive of GST where applicable. We may change our prices at any time, though changes will not affect purchases already completed.
Payment. Payment is processed through third-party payment providers. We do not store your payment card details. Your use of those providers is subject to their own terms.
Payment plans. Where a product is purchased under a payment plan, all instalments remain payable in full regardless of your use of the product. A payment plan is a method of paying for the product, not a subscription. Failure to complete instalments may result in suspension of access until the account is brought up to date.
Failed payments. Where a payment fails, we may suspend access until payment is received. You are responsible for any fees charged by your financial institution.
Subscriptions. Recurring memberships continue until cancelled. Cancellation takes effect at the end of the current billing period. Fees already paid for the current period are not refunded, and access continues to the end of that period.
5. Access to Courses
Unless otherwise stated at the point of purchase, course access is provided for the lifetime of the product.
“Lifetime” means for as long as we continue to offer the course. Should we discontinue a course, we will provide reasonable notice and, where practicable, the opportunity to download materials.
We may update, improve or modify course content at any time. Where updates are made, you will receive access to the updated version at no additional cost.
We may need to suspend access temporarily for maintenance, upgrades or technical reasons. We will minimise disruption where reasonably possible.
6. Intellectual Property
All Content remains our intellectual property or that of our licensors. This includes course videos, written materials, templates, frameworks, methodologies, branding and website content.
What you may do. On purchase, you receive a limited, non-exclusive, non-transferable licence to access and use the Content for your own personal or internal business purposes.
What you may not do. You may not:
- Copy, reproduce, distribute or publish the Content
- Share, resell, licence or otherwise provide the Content to any third party
- Record, screenshot or reproduce course videos or live sessions
- Use the Content to create a competing course, programme or educational product
- Teach, coach or train others using our frameworks or materials as your own
- Remove or alter any branding, attribution or copyright notice
Templates and worksheets provided within a course may be used and adapted for your own business. They may not be resold, distributed or provided to clients as a standalone product.
Breach of this clause may result in immediate termination of access without refund, and we reserve all other rights and remedies available to us.
7. Acceptable Use
When participating in group mentoring, community spaces or any interactive element of our products, you agree to:
- Treat other members and facilitators with respect
- Maintain the confidentiality of information shared by other members
- Refrain from promoting your own products or services without our consent
- Refrain from harassing, abusive, discriminatory or unlawful conduct
We may remove any participant from a community or programme for breach of this clause. Where the breach is serious, removal may occur without refund.
8. Mentoring
Private mentoring. Sessions are booked in advance. Sessions cancelled with at least [48] hours’ notice may be rescheduled at no cost. Sessions cancelled with less notice, or missed without notice, are treated as delivered.
Where a package of sessions is purchased, sessions must be used within [12] months of purchase unless otherwise agreed.
Group mentoring. Membership operates on a recurring basis until cancelled in accordance with clause 4. Session dates are provided in advance. Recordings may be provided where a session cannot be attended, though this is not guaranteed.
Confidentiality. We treat information you share in mentoring as confidential and will not disclose it, except where required by law. Group members are expected to observe the same standard, though we cannot guarantee the conduct of other participants.
9. Marketing Services
Folded Marketing services are provided under a separate written agreement setting out scope, deliverables, timeframes, fees and payment terms for the engagement. Where that agreement conflicts with these Terms, the service agreement prevails.
Deposits. Deposits secure capacity and scheduling and are non-refundable once work has commenced or capacity has been reserved.
Client responsibilities. Timely delivery depends on your provision of information, materials, approvals and access. Delays arising from your responsiveness may affect timeframes and are not our responsibility.
Third-party costs. Advertising spend, software subscriptions, stock imagery and similar costs are your responsibility unless expressly included in your agreement.
Ownership of work. Ownership of final deliverables transfers to you on full payment. We retain ownership of our underlying methodologies, processes, templates and working files.
Portfolio rights. We may reference our work with you and display final deliverables in our portfolio and marketing, unless you notify us in writing that you prefer otherwise.
10. Nature of Our Products — Important
Educational purpose only. Our courses, programmes and mentoring are educational and informational. They do not constitute financial, legal, accounting, medical, psychological or other professional advice.
Wellbeing content. Some of our courses discuss sleep, movement, rest and daily structure in the context of running a business. This general information is not health, medical, psychological or fitness advice, is not tailored to individual circumstances, and is not a substitute for professional care. You should consult a qualified health practitioner before making changes to your health, exercise or wellbeing practices, particularly if you have an existing health condition. If you are experiencing symptoms that concern you, please speak with your GP.
No guarantee of results. We do not guarantee any particular business, financial, professional or personal outcome. Results depend on numerous factors outside our control, including your circumstances, market conditions, the effort you apply and decisions you make. Any examples, case studies or results referenced are illustrative and are not a representation of typical results.
Your decisions remain your own. You are solely responsible for decisions you make and actions you take in your business.
11. Testimonials and Case Studies
We may ask permission to share your results, feedback or story. We will not do so without your consent.
Where you provide a testimonial, you grant us permission to use it across our website, social media and marketing materials. You may withdraw that permission by writing to us, and we will remove it from materials within our control within a reasonable time.
12. Refunds
Our Refund Policy forms part of these Terms and is available at [URL].
In summary: we do not offer refunds for change of mind on digital products. Nothing in these Terms limits your rights under the Australian Consumer Law, including your right to a remedy where a product or service fails to meet a consumer guarantee.
13. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures, you are entitled to a refund or replacement, and to compensation for any other reasonably foreseeable loss or damage. For failures that do not amount to a major failure, you are entitled to have the problem rectified within a reasonable time, and if this is not done, to a refund.
Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law.
14. Limitation of Liability
Subject to clause 13 and to the extent permitted by law:
- Our total liability arising out of or in connection with these Terms is limited to the amount you paid for the relevant product or service
- We are not liable for indirect, consequential, special or incidental loss, including loss of profit, revenue, business opportunity, data or goodwill
- We are not liable for loss arising from your reliance on the Content, from decisions you make in your business, or from the actions of third parties
Where liability cannot be excluded but may be limited, our liability is limited, at our option, to resupplying the product or service or paying the cost of resupply.
15. Third-Party Platforms and Links
Our products may reference or integrate third-party platforms, tools or services. We do not control these and are not responsible for their availability, content, terms or pricing. Your use of them is at your own risk and subject to their own terms.
Links to external websites are provided for convenience and do not constitute endorsement.
16. Privacy
We collect and handle personal information in accordance with our Privacy Policy, available at foldedacademy.com, and with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
By using our website or purchasing our products, you consent to that collection and use.
17. Communications
By purchasing from us, you consent to receiving communications relating to your purchase, including access details, updates and support.
We may also send marketing communications. You may unsubscribe from these at any time using the link in any marketing email, in accordance with the Spam Act 2003 (Cth). Transactional communications relating to your purchase will continue regardless.
18. Suspension and Termination
We may suspend or terminate your access, without refund, where you:
- Breach these Terms, particularly clauses 6 or 7
- Share, resell or distribute our Content
- Engage in conduct that is abusive, unlawful or harmful to other participants
- Fail to complete payment under a payment plan
You may stop using our products at any time. Termination does not affect obligations accrued before it, including outstanding payments.
19. Changes to These Terms
We may update these Terms from time to time. The current version will always be available on our website with the date of last update.
Material changes will not apply retrospectively to purchases already completed. Continued use of our website or products after an update constitutes acceptance of the updated Terms.
20. Force Majeure
We are not liable for delay or failure to perform where caused by circumstances beyond our reasonable control, including natural disaster, illness, platform outage, power or internet failure, or government action. Where such circumstances arise, we will notify you and resume performance as soon as reasonably practicable.
21. Dispute Resolution
If you have a concern, please contact us first at [email address]. Most matters are resolved quickly and directly.
If a dispute cannot be resolved within [30] days of written notice, the parties agree to attempt mediation before commencing proceedings, other than where urgent injunctive relief is sought.
22. Governing Law
These Terms are governed by the laws of [Queensland], Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state.
23. General
Severability. If any provision is found unenforceable, it is severed and the remainder continues in effect.
Entire agreement. These Terms, together with our Refund Policy and Privacy Policy, and any service agreement, constitute the entire agreement between us.
No waiver. Failure to enforce any provision does not constitute a waiver of it.
Assignment. You may not assign your rights under these Terms without our written consent.
24. Contact
FOLDED MARKETING PTY LTD ABN 44 689 619 065 INFO@FOLDEDMARKETING.COM
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: contact@clara.mauvestudio.co