THE BRAND BRIGADE Terms of Service
By checking the box next to this Terms of Service, and clicking the “Continue to payment” button, you, the purchaser of the “How to Build a RockstarBrand Course” outlined below (hereinafter “you” or “Client”) agree and willingly purchase entry into this program to be provided with services rendered by The Brand Brigade Pty Ltd (hereinafter “The Brand Brigade”), and you agree you are voluntarily entering into a legally binding Agreement with The Brand Brigade, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of one thousand nine hundred, ninety U.S. Dollars ($1990),or less, Client is electing to purchase the digital program entitled “How to Build a RockstarBrand Course” (hereinafter “RockstarBrand Course” or “Program”). In exchange, The Brand Brigade agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.
PROGRAM OUTLINE
Client agrees and understands that he/she is purchasing the How to Build a RockstarBrand Course by The Brand Brigade, a 12 module digital program (currently featuring 10 “core” modules, and 2 “housekeeping” modules in terms of a “Welcome” and “Next Steps” module) designed to walk you step by step through creating a successful positioning for your brand. Created by brand building experts Emma Scott and Jodie de Vries, RockstarBrand Course is one of the most comprehensive do-it-yourself brand strategy courses. Whether you’re a pro or just starting out, RockstarBrand Course will cover the primary strategies The Brand Brigade use to successfully position brands.
Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in RockstarBrand Course as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found on The Brand Brigade’s website.
If at any time Client is found to be disruptive, making disparaging or defamatory comments about Program, The Brand Brigade, or Jodie and Emma, or otherwise negatively impacting Program for others and hindering or distracting other Clients from their own success, The Brand Brigade reserves the right to remove Client from Program, without refund. Client understands this, and knows this is a risk if he/she elects to act in such an inappropriate manner. Client agrees this is a suitable remedy and action should he/she act in any of the ways outlined above.
NON-DISCLOSURE
Client understands that one of the primary elements in purchasing RockstarBrand Course and learning from The Brand Brigade is the benefit of obtaining expert guidance, teachings, materials, and exercises The Brand Brigade has used to grow its own business and other businesses in the course of Jodie and Emma’s careers. Following Client’s participation in this Program, Client will have gained access to various trade secrets and personal intellectual property of The Brand Brigade, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in RockstarBrand Course. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in RockstarBrand Course, without permission from The Brand Brigade or Jodie and Emma personally.
Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through RockstarBrand Course, and agrees that he or she will be in violation of these Terms of Service if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of The Brand Brigade. Client also understands and agrees he/she will not disclose or use any information provided to Client as part of her membership in RockstarBrand Course, other than for personal use in her own business without prior written permission from The Brand Brigade.
TESTIMONIALS
Client understands and agrees that any and all commentary provided by Client on public social media profiles including those belonging to The Brand Brigade, Jodie and Emma, may be published and used as testimonials by The Brand Brigade. Client gives The Brand Brigade a non-exclusive license to use any such copy written by Client on The Brand Brigade’s social media profile, in email, or otherwise, and repost on The Brand Brigade social media channels, in advertisements for RockstarBrand Course, or other similar channels for the specific purpose of promoting and showcasing RockstarBrand Course client results.
If Client chooses to write about positive experiences in RockstarBrand Course, Client understands the material, along with Client’s name and other identifying information, will likely be published on The Brand Brigade’s website, social media, or otherwise. No payment or additional services will be provided in return for any such testimonial, and Client understands he or she is granting The Brand Brigade an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any such written testimonial.
PAYMENT AND PAYMENT PLAN
Client understands the cost of the Program is payable in full, or via a payment plan option, which Client will select at the time of purchase:
A one-time payment of one thousand nine hundred ninety U.S. dollars ($1990) payable up front, in full; or
Three (3) payments of seven hundred fifty U.S. dollars ($750) payable over three (3) months, totalling $2,250 if this payment plan option is selected;
Client agrees to render payment via credit card on The Brand Brigade’s sales and checkout page for RockstarBrand Course. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via The Brand Brigade’s website or a designated third-party payment processor of The Brand Brigade’s choosing, in full.
If Client elects to purchase RockstarBrand Course via the offered payment plan, Client agrees to abide by the rules and payments as explained on The Brand Brigade’s sales page and within this Agreement. Client understands and agrees that following the first payment, subsequent payments will be automatically deducted each month, utilizing the same mode of payment that was used to make the initial payment, until the payment plan has been completed. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited if payment is not made within six days of the date it is due, and (2) Client will owe a $200 late fee if he/she has not made the appropriate payment after the six day grace period. Client’s decision to cease use of RockstarBrand Course for any reason does not eliminate Client’s responsibility to complete the payment plan as agreed upon. Payment in full is required regardless of use, happiness with product, or results.
The Brand Brigade reserves the right to cancel Client’s access to RockstarBrand Course should he/she fail to make additional payments in accordance with the payment plan as agreed upon. Should this occur, Client understands she is not entitled to a refund of funds already issues to The Brand Brigade in exchange for work completed thus far, and it is up to the sole discretion of The Brand Brigade whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
REFUND POLICY
The Brand Brigade wholly believes in its product. It believes the methods work, but only if the Client is dedicated to the process. Nevertheless, The Brand Brigade offers a conditional 14-day refund under the following circumstances:
In the event Client desires a refund, Client must contact the support team at hello@thebrandbrigade.com within the first fourteen (14) days from the date RockstarBrand Course was purchased. Within this 14 day window, a representative from The Brand Brigade will schedule a call with Client to discuss the basis for the request, and provide Client with a refund request form to complete, that will allow client to submit any necessary evidence of coursework completed. Client MUST speak to a The Brand Brigade customer service rep to be able to receive a refund. Once a call has been offered, Client must accept and complete the call within 14 days of the date it is offered. Any and all requests for refunds will be decided by the The Brand Brigade team and within The Brand Brigade’s sole and exclusive discretion. If a refund is granted, Client can expect reimbursement thirty (30) days after cancellation of Program in the same manner in which payment was made, less a $250 cancellation fee. If a refund is not granted, Client understands he/she remains financially responsible for payment in full of Program, and as long Client has received the full RockstarBrand Course course, Client has no further recourse regarding refunds.
Client understands he/she will forfeit any and all access to Program and benefits if a refund is issued, including but not limited to Facebook group access (if applicable), group calls (if applicable), RockstarBrand Course modules, and all other information included within Program.
Due to the subjective nature of the Program provided by The Brand Brigade, and The Brand Brigade’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, The Brand Brigade is not able to offer refunds after these 14 days. Please conduct any and all necessary research to determine if RockstarBrand Course is right for you prior to purchasing – after the 14 day period, all purchases are final, and Client is responsible for the full payment of all program fees, whether or not Client completes Program. If Client purchased Program with a payment plan, all payments must be made.
VOLUNTARY PARTICIPATION
Client understands and agrees that he/she is voluntarily choosing to enroll in RockstarBrand Course and is solely responsible for any outcomes or results. The Brand Brigade is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health well-being, and business decisions, including participation in RockstarBrand Course and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within RockstarBrand Course is solely the responsibility and decision of Client.
CLIENT BEHAVIOR: While Client is allowed to express his/her opinion regarding RockstarBrand Course and The Brand Brigade, should Client make any false or disparaging comments within the RockstarBrand Course Facebook group, to other members of RockstarBrand Course, or otherwise publicly speak negatively about The Brand Brigade, Jodie and Emma, or any other member of The Brand Brigade, or RockstarBrand Course, Client may be removed from the RockstarBrand Course community. The Brand Brigade places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, a customer who cannot abide by this may lose his/her access to the community. Client understands that any extensive negativity or similar disruption to the community in this way may result in removal from the Program and all relevant communities, with NO REFUND.
DISCLAIMER
Specific results are not guaranteed. The Brand Brigade cannot guarantee results of RockstarBrand Course, and cannot make any representations or guarantees regarding individual results. Client will hold The Brand Brigade and RockstarBrand Course harmless if he or she does not experience the desired results.
EARNINGS DISCLAIMER: The Brand Brigade also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is The Brand Brigade responsible for Client earnings, or any increase or decrease in finances based upon information within RockstarBrand Course. Any information or testimonials regarding past or current clients’ working with The Brand Brigade contained on Website or in sales material that contain financial information are individual, and results may vary. The Brand Brigade is not able to learn and assess all clients’ businesses, personal sales models, and strategies outside RockstarBrand Course and as such, have no way of ensuring that RockstarBrand Course will work or be applicable to all individuals or businesses. It is your job as the consumer to assess whether RockstarBrand Course will be right or beneficial for you, and is in no way the responsibility of The Brand Brigade, Jodie and Emma, or anyone else associated with The Brand Brigade.
Client understands that all services provided by The Brand Brigade in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with The Brand Brigade on a purely voluntary basis and does not hold The Brand Brigade or Program responsible should Client become dissatisfied with any portion of the Program.
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as The Brand Brigade delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by The Brand Brigade and Client.
Client agrees to hold The Brand Brigade harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of RockstarBrand Course. The content provided by The Brand Brigade on his/her website and within RockstarBrand Course is comprised of information that has worked for The Brand Brigade and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands The Brand Brigade cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds The Brand Brigade responsible for.
INTELLECTUAL PROPERTY: Client agrees and understands that The Brand Brigade has created numerous original, creative works in connection with the Program, and agrees that The Brand Brigade maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: videos, modules, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by The Brand Brigade. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with The Brand Brigade. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from The Brand Brigade to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by The Brand Brigade or obtained through working with The Brand Brigade, without The Brand Brigade’s express written consent. If such behavior is discovered or suspected, The Brand Brigade reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
LICENSEE RIGHTS: The Brand Brigade’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by The Brand Brigade as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by The Brand Brigade. As a “Licensee,” Client understands and agrees that Client will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by The Brand Brigade;
Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by The Brand Brigade, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by The Brand Brigade as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by The Brand Brigade was Client’s work, and use in his/her business as his/her own.
Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement.
INDEMNIFICATION: Client agrees at all times to defend, fully indemnify and hold The Brand Brigade and any affiliates, agents, team members or other party associated with The Brand Brigade harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should The Brand Brigade be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit The Brand Brigade’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by The Brand Brigade, free of charge.
DISPUTE RESOLUTION: Should a dispute arise between The Brand Brigade and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold The Brand Brigade responsible for any specific results, or those results which have been achieved by other clients of The Brand Brigade.)
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
JURISDICTION: Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
AMENDMENTS: This Agreement may be amended and/or updated by The Brand Brigade from time to time as needed, to reflect the growth and updates to Program and services offered. Should any material changes be made, The Brand Brigade will notify all current Program users via the email address used to sign up, with continued use of Program to constitute acceptance and agreement to the updated Terms.
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PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing the How to Build a RockstarBrand Course (RockstarBrand Course) by The Brand Brigade. Once the Program is purchased and all Agreements are agreed to, Client will begin receiving the core content modules, each module must be completed to unlock access to the next module. After which, Client is to have continued access, and may review or complete at his/her own pace.
As outlined on the sales page, RockstarBrand Course includes the following 10 core modules:
DESIGN YOUR DREAM LIFE, NOW: Delve into your wants, needs and desires to help design the future of your dreams. Time to get specific - what does life look like 1 year from now? Designing your daily rituals and ideal week so EVERY day takes you to your goals.
THE ROCKSTARBRAND METHOD: Let’s explore the concept before you begin to build your own RockstarBrand. An overview of the RockstarBrand Method – in preparation for defining the strategic foundations of your own RockstarBrand.
BEING PURPOSE LED: Understanding the power of being purpose led in creating strong engagement with your audience. Defining your own purpose, your big why – the soul of your business.
BECOMING CUSTOMER OBSESSED: Explore what customer-obsessed looks like and why becoming customer obsessed is a smart way to operate your brand. Defining your primary customer and using research to create a deep understanding including their underlying problem to solve.
BEING MEANINGFULLY DIFFERENT: The importance of differentiation in growth, sustainability and longevity. Identifying your most compelling unique attributes that combine to create meaningful differentiation to your audience.
CREATED WITH MASTERY: Exploring the concept of mastery and understanding its role in building trust and respect. Identifying your brand’s credibility proof points and creating a framework for communication.
YOUR SIGNATURE PROCESS: Explore what a signature process is, and how you can use it to create differentiation in your business. How to create and present your own signature process, plus when and how you can use it.
DEFINING YOUR BRAND VALUES: Values are a critical part of your brand. Let’s explore exactly what they are, what they are used for and what they help you achieve. The tools and process to create your own set of ready to implement values.
DEFINING YOUR BRAND PERSONALITY: The role of a defined personality in humanising your brand and creating engagement – and defining yours.
CRAFTING YOUR BRAND STORY: The power of storytelling to transform hearts and minds, and create a deeper connection with your audience. Learn the structure of a good story, and how to use it to tell the journey of your brand – as you create your own brand story.
YOUR CUSTOMER’S JOURNEY: What a customer journey map is, and creating one as a foundational marketing and content strategy reference for your brand.
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MODULES: The Brand Brigade will make available ten (10) core modules, released to Client as each prior module is completed. Client may go at his or her own pace, and work through the modules as he or she sees fit. These Modules are intended to release proprietary information created by The Brand Brigade for personal benefit of Client. Client agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her as a result of her participation in RockstarBrand Course.
FACEBOOK GROUP ACCESS: Client may also be granted access to a private group on social media organized by The Brand Brigade as a BONUS to joining RockstarBrand Course. If applicable to Client and Client joins, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments. Should Client post anything that is deemed offensive, defamatory, or otherwise negative in such a way that it causes a disruption within the group and community, The Brand Brigade reserves the right to remove Client from any such Facebook group and other similar community, in order to preserve the experience for the rest of The Brand Brigade’s clients.
GROUP VIDEO CALLS: For a limited time, RockstarBrand Course will include access to group video calls within the Facebook Group, where members may log in and access a live Q&A call with a member of the The Brand Brigade team, to get any questions answered and gain extra value at no extra charge. This feature is not included within the price of RockstarBrand Course, and is a bonus subject to end at any time, in the sole and exclusive discretion of The Brand Brigade. Client understands that he/she does not have a cause of action or valid request for refund if such calls end during Client’s participation in RockstarBrand Course or before he/she joins RockstarBrand Course.
Client has carefully read this Program Outline Addendum and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program, with the exception of exclusive or limited time, time-sensitive bonuses. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included, or may be a limited time bonus. The Brand Brigade is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time.
By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of The Brand Brigade and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.
QUESTIONS
For any questions or notices, please contact us at:
The Brand Brigade Pty Ltd ACN 164 810 879
PO Box 17 Maroubra NSW 2035
Email: hello@thebrandbrigade.com