Please read these terms and conditions carefully.
Welcome to our website (Site).
This Site gives you an opportunity to browse and purchase branding products and services offered by Heera Ananda t/as Brand Tomorrow ABN 76 228 168 553 (Brand Tomorrow, we, us).
These Terms and Conditions (Terms) govern your use of this Site, as well as Brand Tomorrow’s products and services, and form a binding contractual agreement between you and us.
Contact Brand Tomorrow at firstname.lastname@example.org if you have any questions before purchasing our products or engaging our services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
Brand Tomorrow’s products and services are intended for people aged 18 and over.
ACCEPTANCE OF TERMS
By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services and material produced using these products and services.
All Brand Tomorrow products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
Brand Tomorrow provides support, guidance and tools for you to set goals, determine priorities and achieve creative results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your background, dedication, participation, desire, and motivation.
Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
You acknowledge and agree that Brand Tomorrow, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
EARNINGS AND INCOME DISCLAIMER
Brand Tomorrow cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or marketing strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our products and/or services.
REGISTERING YOUR DETAILS
Before you purchase our products and/or services, you must register an account with us.
You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
We may at any time request a form of identification to verify your identity.
If you are a registered user or member to this Site, you acknowledge and agree that:
You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
You will immediately notify us if your Password is lost or becomes known to any other person;
You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
Any information you provide to us for posting or inclusion in our Brand Tomorrow Community, at any time, becomes our property.
You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services. All brand coaching programs whether video or live, is a one user only product and service
When providing our products and/or services, we may request that you complete certain homework tasks or provide us with information that we require so we can best deliver our services. You agree that you will provide any such information in a timely manner.
After receiving content that has been created by Brand Tomorrow, you have 48 hours within which to raise any issues or request changes.
When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Brand Tomorrow Community) or events in which you may post comments, photos, messages or other material (Your Content).
When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Brand Tomorrow Community any of the following:
Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
Information that includes personal or identifying information about another person without that person’s consent.
Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
Any information or content that impersonates any person or entity.
Any material, non-public information about companies without authorisation to do so.
Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
By posting or otherwise publishing Your Content on our Site or Brand Tomorrow Community, you:
Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
Warrant that you have the right to grant the above licences;
Warrant that Your Content does not breach these Terms; and
Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
We reserve the right (but have no obligation) to:
Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
COMPETITION AND CONSUMER LAW
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Brand Tomorrow’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
DELIVERY OF PHYSICAL GOODS
Brand Tomorrow uses Australia Post and/or other reputable courier companies to deliver physical goods.
Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery company chosen. Brand Tomorrow is not responsible for goods that are either damaged in transit or not received. Damaged or lost orders should be resolved with Australia Post or the courier company directly. Replacement of damaged or lost items is made at the discretion of Brand Tomorrow.
LINKS TO OTHER WEBSITES
Brand Tomorrow may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Brand Tomorrow and the owners of those websites. Brand Tomorrow takes no responsibility for any of the content found on the linked websites.
Brand Tomorrow’s website may contain information provided by third parties for which Brand Tomorrow accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
CODE OF CONDUCT
Our Site and Brand Tomorrow Community are spaces for learning and is a pitch-free, solicitation-free and sales-free environment.
Whilst using this Site and/or our Brand Tomorrow Community, we ask that you not:
Contact anyone who has asked not to be contacted.
Collect personal data about other users for commercial or unlawful purposes.
Infringe other user’s privacy rights.
Violate the intellectual property of others.
Post anything that contains software viruses, worms or any other harmful code.
Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
Please see our Brand Tomorrow Community Guidelines in the appendix to these Terms for more information.
We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Brand Tomorrow product and/or services participants (Participants) and representatives of Brand Tomorrow.
That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
Brand Tomorrow does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSURE OF YOUR INFORMATION
Brand Tomorrow may be required, in certain circumstances, to disclose information in good faith and where Brand Tomorrow is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Brand Tomorrow, its customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or 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 Brand Tomorrow.
Brand Tomorrow expressly excludes and does not permit you to use or access its 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 then Brand Tomorrow will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Brand Tomorrow reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
COPYRIGHT AND TRADE MARK NOTICES
All material on this Site, in our Brand Tomorrow Community or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Brand Tomorrow. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Brand Tomorrow, in any manner that is likely to cause confusion with customers, or in any manner that disparages Brand Tomorrow.
Nothing contained on this Site or in our Brand Tomorrow Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Brand Tomorrow will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
These terms and conditions represent the whole agreement between you and Brand Tomorrow concerning your use and access to Brand Tomorrow’s 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.
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Brand Tomorrow that results in litigation then you must submit to the jurisdiction of the courts of Victoria.
RIGHT TO TERMINATE
We reserve the right to terminate your use of the Site, Brand Tomorrow Community or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.
Refunds are not provided for our products and/or services that have been rendered by us, including where you have been given access to Our Content or our Brand Tomorrow Community, whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010.
The cost, cancellation and refund, if any, details of our products and services are set out set out below.
If you follow the advice and complete each of the weekly set tasks under any of the Programes and are unhappy with the results, you may apply for a refund. This may be granted at the sole discretion of the Brand Tomorrow team.
Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the sole discretion of the Brand Tomorrow team. Refund requests must be made within 14 days of completion of the program. Payment of product and services constitutes transfer of ownership of copyright. In the case of a refund being granted by the Brand Tomorrow team the ownership of material produced during the program including words, images and concepts remain the property of Brand Tomorrow.
Invoices for any Brand Tomorrow program are automatically generated and can be requested at any time by emailing email@example.com.
Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them, Stripe.
In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
BOOKINGS AND CANCELLATIONS
By making a booking with Brand Tomorrow, or otherwise communicating your acceptance of a proposal from Brand Tomorrow, you agree to be bound by our booking policy.
You must attend your booking at least 10 minutes before your scheduled time to ensure that your booking runs for the full duration of the appointment. If you are running late, Brand Tomorrow reserves the right to cut short your appointment time.
If you need to reschedule or cancel a one-on-one booking, you may do so without penalty provided at least 24 hours’ prior notice has been given to Brand Tomorrow. If you cancel less than 24 hours prior to your booking, or if you’re a ‘no show’, you forfeit the booking.
Live coaching programs (Building A Transformational Brand and Brand Masterclass – Building Customers For Life) are to be completed in 6 consecutive weeks unless otherwise arranged with Brand Tomorrow.
All Brand Tomorrow events are strictly adults only to ensure professionalism and a quiet working environment for all other attendees unless otherwise granted by the Brand Tomorrow team.
Brand Tomorrow reserves the right to exclude you from any Event should you, in Brand Tomorrow’s sole determination, become disruptive.
You understand and acknowledge that Brand Tomorrow and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Brand Tomorrow.
You hereby waive any and all legal rights you may have against Brand Tomorrow in respect of Recordings of your participation in the event and grant to Brand Tomorrow the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
You hereby release, discharge and agree to hold harmless Brand Tomorrow from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
In the unlikely event that Brand Tomorrow cancels an Event, you will receive a full refund of the purchase price paid for the Event. Brand Tomorrow will not reimburse any optional expenses including but not limited to flights and accommodation.
LIABILITY IS LIMITED
The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under Australian Consumer Laws.
We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Brand Tomorrow Community or Our Content.
These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms.
We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Brand Tomorrow Community or through use of our products or services.
You cannot transfer or assign your Brand Tomorrow membership without Brand Tomorrow’s prior written consent.
We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
Should a dispute arise between us, we strongly encourage you to contact Brand Tomorrow at firstname.lastname@example.org to seek a resolution. Any reasonable requests will be considered and Brand Tomorrow will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These Terms shall be construed in accordance with and governed by the laws of Victoria. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises between us.
We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
If you have questions or comments regarding this Site, or Brand Tomorrow products or services, please email us at email@example.com.
Trading Name: Heera Ananda t/as Brand Tomorrow
ABN: 76 228 168 553
APPENDIX COMMUNITY GUIDELINES
We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.
Keep it respectful
Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
No pitching to the group
We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
No gated content
Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.
Content gathered in our Brand Tomorrow Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
Keep it on topic
We reserve the right to remove posts based on off-topic content or offensive content.
Partnering with other members.
Access to this group does not mean that Brand Tomorrow endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.
Report posts that are breaking group policies
Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.
Breaking the rulesIf you are deemed to be breaking the rules of the group, Brand Tomorrow reserves the right to remove you from the Facebook group that the offending behaviour has occurred within.