WEBSITE TERMS AND CONDITIONS

The website (https://www.vibeandscribe.com/) and all other associated digital platforms, media accounts and mobile applications (together, “the Website”), content, products, materials and services (together, “the Services”) are owned and operated by Sarah Dalton (trading as “Vibe and Scribe”) ABN 60 801 421 557 (“Company”, “we”, “us”, “our”). The term “you” refers to any user or browser of the Website or purchasers of our Services.

These Terms of Use, including any additional disclaimers, policies and legal notices displayed on our Website from time to time state how you may use our Website and Services. It is important that you read and understand these Terms and Conditions. By accessing any information, registering on the Website, or using the Services provided through the Website, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether you are a visitor simply browsing the Website or you become a member of the Website (both, “users”).

You agree that the use of the Website and Services is at your own risk. If you are under the age of 18, you must obtain your parent or guardians’ prior consent to use the Website and Services. You acknowledge and agree that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, terminable in accordance with the provisions below.

You understand that we are acting in the capacity as a consultant with expertise in social media and digital marketing and other virtual services. The information we provide is not intended to be a substitute for professional financial, legal or medical advice, nor do we claim to be an expert in any particular commercial fields.

The information, content and material contained in, or available through, the Website and Services are provided for general information purposes only and does not cater to the specific circumstances or needs of individual users. All information and Services provided by us is provided in good faith, though we make no guarantees of any specific result from use of the Website or Services. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication, however we do not make any representations or warranties that the information and Services we provide are reliable, current or complete at all times.

None of the content on this Website or these Services represent or warrant that any particular method is appropriate or effective for you. To the extent that we provide any explicit or implied recommendation of any particular service, such recommendation is only a general recommendation that is not specific to any financial situation. Your reliance on any of our Services or information on this Website is solely at your own risk. We do not guarantee improved results or permanence to your business.

The testimonials (visual and written) and any publicity materials displayed on our Website or other platforms are examples of real experiences and opinions of people's experiences with Company, Website or Services and are for illustration only. All testimonials and publicity materials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results.

These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website or our Services.

1. OUR SERVICES

Our Website and Services aim to provide social media, digital marketing and other virtual business consultancy services to clients. Our Services are subject to change at our sole discretion and include social media management, social media coaching, virtual assistant tasks, copywriting and translation services in Spanish and English.

The Services provided to clients, set out in our Client Engagement Agreement, which clearly outlines the agreed scope of works, deliverables, timeline and corresponding fees. More information on our Services can be found on the Website or by contacting us at info@vibeandscribe.com.

2. PERMITTED USE

We prohibit the use of the Website and any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and the Services in a safe and responsible manner and to comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Services for any purpose that is unlawful, or to solicit the performance of any illegal activity, or other conduct that infringes the Company’s rights or the rights of others. In respect of such unlawful or prohibited activity, you acknowledge and agree you will not:

(a) bypass (or attempt to bypass) any security mechanisms imposed by the Website;

(b) harvest or collect email addresses, images or personal information of other users;

(d) post or transmit any material which contains a computer virus or other harmful data, code or material;

(e) exploit the Website for your own commercial purposes or the commercial purposes of any other person (including the posting of advertisements, solicitations, promotional materials, "spam" or any other materials that are contrary to our commercial or lawful interests);

(f) provide access or links to any material, (including peer to peer network "trackers") which may infringe the intellectual property rights of another person or entity;

(g) use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the structure or presentation of the Website, to obtain or attempt to obtain any materials or information through any means not purposely made available on or through the Website;

(h) manipulate identifiers in order to disguise the origin of any communication you send through the Website;

(i) impersonate or misrepresent you are any other individual or entity;

(j) defame, stalk, bully, abuse, harass, threaten and intimidate people, or restrict another user in any way from the use and enjoyment of the Website or Services;

(k) seek or trace any information of another user, including an account not owned by you, or exploit the Website or Services in any way where the purpose is to reveal information;

(l) attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and

(m) breach the security or authentication procedures of the Website, or any network connected to the Website, in an attempt to gain unauthorised access to any part of the Website or Services by hacking, password “mining” or any other illegitimate means.

You may not use the Services or the Website, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any content or other information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms and Conditions.

3. THIRD PARTY LINKS

The Website may contain links to third party websites or resources. You acknowledge and agree that we are not responsible for the information, services or resources of any third parties, nor do they imply any endorsement by, or affiliation, with us. We do not guarantee, represent or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible for. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.

4. USER-GENERATED CONTENT

The Website (and any of our other digital platforms, mobile applications or social media accounts or during a course or program) may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (“User-Generated Content”), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.

You agree you are responsible for your User-Generated Content, which includes but is not limited to any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or in any way connected with Services.

You agree you may not use the Website to submit, post or display any content that:

(a) you do not have permission, right or license to use;

(b) is objectionable, offensive, unlawful, deceptive or harmful;

(d) requests or displays personal information from a minor;

(e) impersonates or misrepresent your affiliation with another person, or entity;

(f) to transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements; and

(g) plan or engage in any illegal, fraudulent, or manipulative activity.

By posting, submitting, updating, modifying, transmitting or otherwise making available any User-Generated Content on this Website:

(a) you warrant that you independently created or otherwise have all the necessary rights and permissions to submit the User-Generated Content to the Website;

(b) you grant us a royalty-free, non-exclusive, irrevocable, perpetual, transferable, world-wide licence of the intellectual property rights in the User-Generated Content to use, modify, copy, cache, store, archive, sub-licence, distribute, reproduce, adapt, transmit, create derivative works, publish and/or broadcast, exhibit, synchronise, edit, adapt, publicly perform, communicate and publicly display in any manner and by any means which we may determine;

(c) you agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content; and

(d) to the full extent permitted by law, you consent to us (and all persons authorised by us) doing anything in relation to your User-Generated Content which would otherwise constitute an infringement of your moral rights that you may have in the User-Generated Content. To the extent that a waiver (rather than consent) is required in any jurisdiction, then you waive any moral rights you may have.

You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content for any reason. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.

5. INQUIRIES AND MESSAGING

By making an inquiry or sending a message through the Website, you will be added to our email list. If you do not want to remain on our database, you can simply follow the instructions on the form to update your subscription or data preferences, unsubscribe from our email communications or email at any time at info@vibeandscribe.com.

You agree that all information you provide to us through the Website will be true, accurate, current and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and Services. For more information regarding email communications, and subscription please refer to our Privacy Policy.

Subject to these Terms and Conditions, you will be given lifetime access to the Website. You may also be entitled to exclusive offers, benefits, services or items of interest, sent to you via email notifications from time to time.

6. PAYMENTS, FEES AND REFUNDS

6.1 Fees

Our fees for one or more of the Services, in varied combinations of, provided together or separately are charged at our discretion and in accordance with fee schedule in the Client Engagement Agreement. Our fee structures include monthly retainers, hourly rates, packages, per individual task or per word count.

6.2 Payments

Payments will be made to our bank account by direct debit within seven (7) days of the issuing date of the invoice. We accept no responsibility for bank transfers that are declined or not accepted due to disruptions with internet connections or problems with your provider.

Transactions are processed in AUD figures. Fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees.

6.3 Gateways and Merchants

We may use a payment-processing merchant for purchases and payments, or payment platforms, where you may be directed offsite. By purchasing the Services, you agree to comply with our terms of purchase as well as those provided by the payment-processing merchant or payment platform.

We reserve the right to change the preferred payment gateway, from time to time and without notice.

We (or our payment-processing merchant) may securely collect all information obtained during your purchase or transaction for the Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be securely collected. For further details on what information we collect, please see our Privacy Policy.

6.4 Credit Cards, Charge backs and Payment Security

Where we accept credit card payments for the Services, you agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway unless caused by fraud or negligence we are responsible for.

To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein.

If you use a multiple-payment plan to make payments to us, we shall be authorised to make all charges at the time they are due and not require separate authorisation in order to do so.

You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance.

The Company reserves the right to reject, and or report, credit card payments that are suspected of fraud or illegal activity.

6.4 Taxes

Payments for all services purchased in Australia, including international transactions, are inclusive of GST. Upon receipt of payment, you will be issued a tax invoice in accordance with applicable legislative requirements relating to GST in Australia.

You will be responsible for any and all international taxes payable by you outside of those included in the fees for the Services.

6.5 Refunds

We reserve the right to refuse or grant refunds for the Services, pursuant to The Competition and Consumer Act 2010 (Cth). Any requests by the Client for refunds must be detailed in writing, and will only be considered when options for remedies or a replacement have been exhausted.

7. MAINTENANCE

The Company is responsible for the support and maintenance of its Website only. We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Services provided through the Website. Access to the Website may depend on telecommunications, Internet service providers and other external factors, we therefore do not guarantee the availability of the Website all times or at any specific times.

8. PRIVACY AND SECURITY OF INFORMATION

Our Website or Services are subject to our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read understand and agree to our Privacy Policy as updated from time to time.

While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. For information on data breaches and data security, please review our Privacy Policy.

9. INTELLECTUAL PROPERTY

These Terms and Conditions does not transfer from us to you or any third parties any of our or third-party intellectual property. All rights, titles, and interests, including without limitation, Intellectual Property Rights, in the Website and Services will remain (as between the parties) solely with the Company. Unless stated otherwise, your use of our Services grants you no right or license to reproduce or otherwise use any our or third-party intellectual property. For details on copyright protections, please see our Copyright Policy, which forms part of these Terms and Conditions.

10. TERMINATION

We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:

(a) where you are in breach of any of the Terms of Use or any related policies;

(b) where at any time you have committed any act of willful or serious misconduct;

(d) where you have created a risk or possible exposure for us;

(e) where there are unexpected technical issues or problems;

(f) at the request of a law enforcement or government authority; or

(g) upon a request by you.

11. WARRANTIES AND LIABILITY

CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO, IN THE CASE OF GOODS, AT OUR OPTION, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT OUR OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY WE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.

IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL WE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 AUD OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST 12 MONTHS.

BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE WE FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE WE FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.

12. WAIVERS AND INDEMNITY

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

13. GOVERNING JURISDICTION

The laws of New South Wales, Australia govern this agreement, and any access to or use of our Services. You agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, or other such competent courts, to resolve any dispute or claim between the parties arising from or in relation to this Agreement.

14. MISCELLANEOUS

This Terms and Conditions (and all related documents, policies and legal notices) constitute the entire agreement between the Company and you concerning your use of this website and supersedes all previous agreements or understandings, whether written in oral, in relation to your use of this website.

No amendment or variation of the Terms and Conditions will have any legal effect unless such amendment or variation is documented, and the parties agree and sign such a document.

If any part of this Agreement is held invalid or unenforceable, that part may be severed from this Agreement, and the remaining portions of these Terms and Conditions will remain in full force and effect.

The failure of a party at any time to require performance of any obligation under the Terms and Conditions is not a waiver of that party’s right:

(a) to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and

(b) at any other time to require performance of that or any other obligation under the Terms and Conditions.

These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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