Terms and Conditions

Version – 001-26-06-23

These are the terms in which Brighter Marketing Pty Ltd ABN 16 668 564 609 makes its products and services available to you. If you access, use, subscribe, or place an order for any of our products or services, you are agreeing to these terms. We reserve the right to update these terms from time to time. If we do, we will let you know and your continued use of our products and services will mean that you have accepted our updated terms.

Our products and services

You acknowledge that we are the authorised resellers of certain products and services of HighLevel. As such, your use of these products and services are subject to the terms and conditions imposed by HighLevel onto its authorised users and resellers, like us.

When you request for our product or services, you are representing that you (or the business entity you represent) are legally responsible and will be able to meet certain obligations to us. When you request for our product or services, you must provide us with all the necessary information, which must be accurate, complete, and current.

You will be responsible for ensuring that our products and services are suitable and appropriate for your needs. We do not make any representations (other than those afforded to you by law) about our products and services, including any functionality, suitability, or outcome.

Ordering our products and services

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order, if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

All advertised prices are in, and all payments shall be in Australian dollars.

Payment for our products and services

Your use of our products and services is subject to the timely payment of all fees associated with the products and services you acquire from us. We reserve the right to change our fees from time to time. All fees will be billed in advance, to the credit card we have on file. You must notify us of any changes to your billing information (including current credit card details) immediately. Unless otherwise noted, our fees are quoted as exclusive of any goods and services or other similar taxes.

There are no refunds on discounted offers, subscriptions, or lifetime plans and products delivered in electronic (digital) format. When you cancel a subscription with us, you will continue to receive your subscription benefits until the end of the current billing period. You will not receive a refund of any portion of the subscription fees you paid for the current or prior billing periods. If you choose a multi-payment option for a single subscription period, when you cancel a subscription during that period, you will continue to receive the benefits of the subscription until the end of the period and must continue to honour your agreement to make multiple payments for that subscription period.

Where we offer you a free trial of any of our products or services, such a free trial will start immediately after your registration and continue for the free trial offer period as indicated at the time you register. Free trial subscriptions are only available to new subscribers and for a defined limited period. Previous subscribers or those subscribers who have already benefited from a free trial subscription do not qualify for a further free trial period. If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us. If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrolment online will be charged the full monthly membership subscription rate provided at the time of enrolment each month until you cancel.

For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments made to us. We, in our sole discretion, may charge a cancellation fee equal to the amount the subscription was discounted.

We can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel.

We reserve the right to immediately terminate your account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses you from any obligation to pay outstanding charges or expenses. In the event we start collection processes of any type, you will be liable for all collection costs, including legal fees and expenses.

Your use of our products and services

You agree to comply with any requirements we have to facilitate your access to any of our products and services, including any requirements on security, access codes, passwords, and login credentials; and any directions on your use of (including any other users of) our products and services.

You may only use our products and services in the way those products and services were intended, and only for lawful reasons. Additionally, where you are using our product or services in conjunction with any third-party-owned materials, data, product, or information, you warrant that you have the necessary rights to do so.

You must not use our products and services for any prohibited reasons, including (without limitation) to exploit, harm, or attempt to exploit or harm anyone in any way; to send, receive, upload, download, use, or re-use any material that does not comply with these terms; to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; to impersonate or attempt to impersonate another user or any other person or entity; to disable, overburden, damage, or impair our product or services or interfere with any other party's use of our product or services; to use any device, software or routine that interferes with the proper working of our product or services or those of any third party; to gain unauthorized access to, interfere with, damage, or disrupt any parts of our product or services, the server on which our product or service is stored, any server, computer, or database connected to our product or services; attack our product or services via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempting to interfere with the proper working of our product or services. You are also prohibited from using our products and services in a way that amounts to an “agency account” – where you host funnels for third parties.

You will be responsible for the actions of your employees, agents, and contractors who use (whether authorised or not) our product or services. You will also be responsible for maintaining the security and confidentiality of any requirements (like access codes, passwords, and login credentials) used to access our products and services. Unless otherwise provided, any such access requirements and the use of our products and services are personal to you and not transferrable to anyone else.

Our products and services may include third-party content. Your use of such third-party content is entirely at your own risk and discretion. We are not responsible for such third-party content and make no endorsements, representations, or warranties, and assumes no liability, obligation, or responsibility for such third-party content. You are responsible for ensuring that your engagement or transactions with such third-party content is in compliance with these terms and any applicable laws.

Where our products and services allow modifications by you to incorporate your name, logo, trademark, and colour scheme, you are solely responsible for copyright, trademark, or other intellectual property concerns connected with such customized look and feel.

User contributions

Any content or materials that you post, submit, upload, publish, display, or transmit using our products and services or to us directly are regarded as “User Contributions”. User Contributions are considered non-confidential and non-proprietary. You grant us, our service providers, and each of their licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for any purpose. You also grant us the right to use your Information and User Contributions to improve our products and services, develop new services, and/or improve our overall product offerings and business model. We are not responsible or liable to any third party for the content or accuracy of any User Contributions, nor do we endorse the User Contribution of third parties. We are also not responsible for any failure or delay in removing User Contributions that violate these terms. We reserve the right to delete or otherwise remove any User Contributions we deem to be in violation of these terms, with or without notice, at any time, for any reason. You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above; (b) all of your User Contributions comply with these terms; and (c) you understand and acknowledge that you are responsible for the legality, reliability, accuracy and appropriateness of your User Contribution.

Privacy and data protection

By using our products and services and providing us information (either directly or through the use of our products and services), you consent to our use and disclosure of that information in accordance with our Privacy Policy . Our use and disclosure of your information is also subject to the Privacy Policy and Data Processing agreement of our underlying technology provider, HighLevel, as authorised resellers of their products and services.

You agree that we have no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the use of our products or services. When you provide anyone with access to our products or services, you must implement and enforce your own privacy policy, providing the level of protection at least equal to that provided to you by us. You must obtain consent from your users, affirmatively acknowledging that your users agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your user’s data to us for use and disclosure in accordance with these terms and our Privacy Policy.

Breaches of your obligations

Where we (in our absolute but reasonable discretion) determine that you have breached any of your obligations under these terms, we have the right to terminate your account with us, to retain any monies that you have already paid and you will be responsible to pay us for any outstanding amounts owing (which may include for periods of service which have been forfeited as a result of your breach). This will be in addition to any other rights we may have against you.

Upon termination and regardless of the reason(s) motivating such termination, your right to use our products and services will immediately cease. We are not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regard to your access to our products and services.

Additional termination rights

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of our products and services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, global pandemic, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are listed. You agree and acknowledge that this includes the situation where (for any reason, whether beyond our reasonable control or not) we cease to have the rights to make the products and services available to you.

Disclaimers

Except where otherwise prohibited by law:

Our products and services and all content are provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. We make no, and expressly disclaim any and all, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information available on our products and services. We also make no warranty regarding any transactions executed through a third party or third-party services, or in connection with the platform, and you understand and agree that such transactions are conducted entirely at your own risk. We do not represent or warrant, and expressly disclaim that: (a) the use of our products and services will be secure, timely, uninterrupted, or error-free, or operate in combination with any other hardware, software, system or data, (b) our products and services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, software, information, or other material purchased or obtained by you through us will meet your requirements or expectations, (e) errors or defects in the website will be corrected, or (f) our products and services are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and non-infringement of the third-parties are hereby disclaimed to the maximum extent permitted by applicable law.

You acknowledge that the internet and telecommunications providers’ networks are inherently insecure. Accordingly, you agree that we are not liable for any changes to, interception of, or loss of your data while in transit via the internet or a telecommunications provider’s network. We reserve the sole right to either modify or discontinue any aspect of our products and services, including any services or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Any new features shall also be subject to these terms.

Where the above is prohibited by law, then to the extent of such prohibition, our liability to you in respect of any breaches to those legal warranties is to either repair or replace the relevant goods or to resupply the relevant service.

Limitation of our liability to you

To the fullest extent permitted by law: (a) in no circumstances shall we be liable to you

for any indirect, consequential, or similar losses (including loss of profit, future revenue, opportunity, reputation, or goodwill) howsoever caused; and (b) our total aggregate liability to you in relation to or in any way related to our products and services, however, caused (whether arising under contract, tort (including negligence) or otherwise), is limited to the fees you paid in the three (3) months preceding the claim.

Your obligation to indemnify us

To the fullest extent permitted by law, you agree to defend, indemnify, and hold us harmless (including our directors, officers, employees, and contractors) from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to legal fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (a) your use, misuse, or attempt to use our products and services; (b) information you submit or transmit through our products and services; (c) your breach of these terms, the documents they incorporate by reference, or the representations and warranties provided by you; or (d) your violation of any law or the rights of a third-party.

Other terms

Entire agreement - These terms (including any of our policies and other documents incorporated into these terms by reference, both expressly or by implication) is the entire agreement between us and supersedes all previous agreements, representations, and undertakings. We may enter into a separate agreement with you. The terms of any separate agreement between you and us will be considered a part of your entire agreement with us. To the extent there is a conflict between these terms and the terms of your separate agreement with us, your separate agreement with us will control. Any ambiguities in the interpretation of these terms or our agreement shall not be construed against the drafting party. If any provision in this agreement is unenforceable, illegal, or void, or makes this agreement or any part of it unenforceable, illegal, or void, then that provision is severed and the rest of this agreement remains in force.

No assignment - We may assign our rights under these terms at any time, without notice to you. You may not assign your rights under these terms without our prior written consent which may be withheld at our sole discretion.

Jurisdiction - This agreement, its meaning and interpretation, and the relationship of the parties are to be governed by the laws of Queensland, Australia. The parties submit unconditionally to the jurisdiction of the courts of Queensland, Australia, and the courts hearing appeals from those courts.

No reliance - Each party acknowledges that in entering into this agreement it has not relied on any representations or warranties about its subject matter except as expressly provided by the written terms of this agreement.

Variation - An amendment or variation to this agreement is not effective unless it is in writing and signed by us. We reserve the right, at our sole discretion, to update, change or replace any part of these terms (including any of our policies and other documents incorporated into these terms by reference, both expressly or by implication) by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our products and services following the posting of any changes constitutes acceptance of those changes.