Terms of Use
Campaign Del Mar Pty Ltd.
Please read the following Terms of Use (the ‘Terms’) completely before using campaigndelmar.com or purchasing any of the products available oncampaigndelmar.com (the ‘Service’) ABN 7462 887 3601 (‘Campaign Del Mar’). These Terms constitute the legally binding terms and conditions attached to the use of the Service.
Your access to, and use of, the Service is conditional on your acceptance of, and compliance with, these Terms and by using the Service and this website, you are deemed to have accepted the Terms. If you disagree with any part of the Terms you may not access the Service.
For the purpose of these Terms, ‘us’, ‘our’ and ‘we’ refer to Campaign Del Mar, and ‘you’ and ‘your’ refer to visitors to our website and/or users of our Service.
If you are using the Service on behalf of a company or other entity, then ‘you’ includes that entity, and you are binding that entity to the Terms. You represent and agree that you have all necessary legal power and authority to enter into a contract with Campaign Del Mar on behalf of that entity and bind that entity to the Terms.
OUR SERVICE
Campaign Del Mar is a campaign marketing platform that offers Campaign Classroom subscriptions and collections for purchase.
Campaign Classroom
Each classroom includes specific coaching from a creative strategist (as detailed in the class information on campaigndelmar.com) along with supporting workbooks and additional resources where applicable. The workbooks contain comprehensive and authentic creative concepts that are designed to be implemented across a range of industries and business types and are fully supported by coaching. Coaching is conducted by way of virtual classrooms, the number of virtual classroom sessions and classroom run time is detailed at campaigndelmar.com. Your classroom schedule will be released at least 7 days prior to course commencement (unless you purchase the course within 7 days of the course commencement date, at which point it will be delivered within 24 hours of purchase).
If you fail to attend a class, the fee will not be refunded or transferred to another date - it is your responsibility to remember the course dates you have registered for. With adequate notice, we may consider a request for transfer to a later class but this will be done on a case by case basis.
We reserve the right to cancel, postpone or reschedule any course and/or individual classes due to low enrolments or unforeseen circumstances. In the event of a class cancellation, we will provide an alternative date. In the event of a course cancellation, we will offer you the option to transfer to another date or credit for a future Campaign Classroom booking.
We reserve the right to refuse bookings, change dates, content or facilitators at our discretion.
The marketing concepts included in each Classroom are designed to be used in conjunction with the accompanying support material, guides, resources and coaching Campaign Del Mar materials alongside independent teaching or coaching in any way. Only Campaign Del Mar are permitted to run classrooms and coach alongside the use of Campaign Del Mar material.
ACCEPTABLE USE OF OUR SERVICE
You must be 18 years or older to access our Service and you may only access the Service in compliance with all local, State, Territory, and international laws, rules, and regulations.
EXCLUSIVITY
You agree that the creative concepts delivered by Campaign Del Mar as part of their Campaign Classrooms are not exclusive to you or your particular business or industry.
An exception to this would be if more than three businesses in the same geographical location and in direct competition with each other, purchased the same Campaign Classroom. In this situation, we would provide alternative, non-exclusive virtual classroom sessions to those purchasers at our discretion.
RESTRICTIONS ON USE
You are solely responsible for your use of the Service and the information and resources it provides, and agree to use the Service in a legal and proper manner, which is compliant with all local, State, Territory and international laws, rules, and regulations.
Except as permitted under license, you may not sub-license, transfer, share, redistribute or otherwise provide access to the Service to a third party, or copy, resell, make derivative works from, or otherwise allow third parties to utilise or access the resources and concepts provided by the Service from time to time in any medium or format at any time.
For any other use or distribution, you must have express written consent from Campaign Del Mar.
INTELLECTUAL PROPERTY
This website and all of its original content, including the design, layout, look, appearance, trademarks, images, logos, text, illustrations, resources, concepts, service marks, graphics and other associated intellectual property, are the sole property of Campaign Del Mar and are, as such, fully protected by the appropriate copyright, trademark and other intellectual property rights laws.
You are not permitted to republish, upload, reproduce, transmit electronically or otherwise, or distribute any of the documents, information or content on the website or obtained via our Service for the purposes of sale or the use by any third party, except as otherwise permitted by express license.
We expressly reserve all intellectual property, including copyright and trademarks in all documents, information, materials and content on our website and provided by our Service and we reserve the right to take action against you if you breach any of these Terms.
ACCOUNTS
It is your responsibility to ensure that the personal information you provide to us when registering for your account membership is accurate and correct. You can make changes to your account at any time by logging in with your username and password.
You are responsible for any activity that takes place under your name and password. Do not disclose your confidential log-in details to anyone. Should you become aware of any unauthorised activity on your account, please contact Campaign Del Mar immediately.
PAYMENT INFORMATION
Payments for our Service are made through a third-party platform (the ‘Payment Processor’). When you purchase a Classroom you will be rerouted through the Payment Processor where you will be asked to create an account for the payment. It is your responsibility to ensure that payment information and account information is current and correct.
WARRANTIES
Your use of the Service is at your sole risk. Campaign Del Mar, its directors, employees, contractors and affiliates expressly disclaim all warranties of any kind whether express or implied, including the implied warranties of merchantability, fitness for particular purpose and non-infringement. It shall be your responsibility to ensure that any products, services or information available through this website or the Service meet your specific, personal requirements.
In addition to the above, you expressly acknowledge and agree that Campaign Del Mar makes no warranty or predictions: (i) that the Service will meet your requirements; (ii) that the Service will be uninterrupted, secure or error-free; (iii) that any results, financial or otherwise, obtained from the use of the Service will be accurate or reliable; or (iv) as to the quality of any products, services, information or other material purchased or obtained by you using the Service.
Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk.
No advice or information, whether oral or written, obtained by you from Campaign Del Mar or through or from the Service shall create any warranty not expressly stated in these Terms.
Campaign Del Mar makes no warranty of any kind with regard to the Payment Processor or any other third party affiliate. You are advised to refer to the terms and conditions of the Payment Processor, or any applicable third party affiliate, before accepting services.
RELEASE OF LIABILITY
You acknowledge and agree that Campaign Del Mar is not liable for any loss or damage you may suffer related to your use of the website or Service.
Without limiting the previous release, you acknowledge and agree that this includes any loss or damaging arising from inaccuracies, errors or omissions in our documents or information, any goods or services we may offer or from any other use of the website and including as a result of negligence. This includes your use or reliance on any third party content, links, comments or advertisements.
You further acknowledge and agree, without limiting the previous release, that Campaign Del Mar cannot be held liable for any loss or liability, financial or otherwise, resulting from incorrect, inappropriate or unauthorised execution of concepts, or application of the resources, tips, guidelines or other support material provided by the Service. This also includes loss or liability, financial or otherwise, occurring from resources, tips, guidelines or other support material provided by the Service not being applied or followed as directed by the terms of the Service.
You further acknowledge and agree that Campaign Del Mar is not liable for any loss or damage that you may suffer related to your use of services of the Payment Processor or any other third party affiliate.
ILLEGAL USE
You agree that Campaign Del Mar cannot be held liable for any loss or liability, legal, financial or otherwise, which may arise from the use of the Service in relation to illegal conduct pursuant to business or other activities.
Use of the Service for illegal business or other activities will result in the immediate termination of the Service without a refund of previous monies paid.
CHANGES TO OUR SERVICE
We reserve the right to change prices relating to our Service at any time.
Campaign Del Mar also reserves the right at any time from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Campaign Del Mar shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service for any reason including, but not limited to, any loss of data, content, files or otherwise.
You understand and agree that we are not liable to you or any third party for any loss or liability, financial or otherwise, that may arise as a result of any modification, suspension, or discontinuance of the Service.
TERMINATION OF SERVICE
By accessing and using this website or the Service, you agree to the Terms and understand that we may terminate or suspend our Service, including your access to the website and our ongoing support services, at any time without notice, for any reason and without a refund of monies paid, including for a breach of these Terms.
Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access to the website and the Service immediately and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website and you may be referred to the appropriate law enforcement authorities
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
NO-REFUND POLICY
We have a no-refund policy, except where required by the Australian Competition and Consumer Commission Law. Your payment to Campaign Del Mar is considered final.
PRIVACY POLICY
At Campaign Del Mar, we take your privacy seriously. Please review our Privacy Policy for details about how we collect, use and protect your information.
JURISDICTION
These Terms and this website are subject to the laws of New South Wales, Australia. If there is a dispute between you and Campaign Del Mar that results in litigation then you must submit to the jurisdiction of the courts of New South Wales, without reference to conflict of law principles, except to the extent those laws cannot be contracted out of.
WAIVER AND SEVERABILITY OF TERMS
No right under these Terms shall be deemed to be waived except by notice in writing signed by you and Campaign Del Mar. A waiver by Campaign Del Mar pursuant to this clause will not prejudice its rights in respect of any subsequent breach of these Terms by you.
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Campaign Del Mar and governs your use of the Service, superseding any prior agreements between you and Campaign Del Mar with respect to the Service. These Terms apply when purchasing or accessing a Service from Campaign Del Mar, you may also be subject to additional terms and conditions if you access or purchase an Campaign Del Mar service from one of our Brand Partners. Campaign Del Mar services purchased or accessed through a Brand Partner may not include all the benefits of our Service but will be subject to Campaign Del Mar licencing, intellectual property rights and limitations of use as outlined in our Terms.
CONTACT
If there are any queries pursuant to the above Terms, please contact Campaign Del Mar at[email protected].
Last updated 17 May 2021.
